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ZOA1997-00001 PROPOSAL DESCRIPTION CITY OF TIGARD OREGON FILE NO: Zone Ordinance Amendment (ZOA) 97-0001 FILE TITLE: Water Resources Overlay District APPLICANT: City of Tigard OWNER: Various 13125 SW Hall Blvd. Tigard, OR 97223 REQUEST: A proposal to amend the Tigard Community Development Code to add a new section to protect significant wetlands and riparian corridors, which meets the requirements of Statewide Planning Goal 5 and the "safe harbor" provisions of the Goal 5 administrative rule. This new section will be titled the "Water Resources Overlay District " LOCATION: City-wide APPLICABLE Statewide Goal 5; OAR 660, Division 23; Tigard CD Code 18.30.120; REVIEW CRITERIA: Tigard Comprehensive Plan Vol 2, Policies 3.1. 3.2, 3.4, 4.2 ZONE: all CIT: all CIT FACILITATOR: Available upon request PHONE NUMBER: (503) DECISION MAKING BODY STAFF DECISION X PLANNING COMMISSION DATE OF HEARING: 5/19/97 TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 X CITY COUNCIL DATE OF HEARING: 6/10/97 TIME: 7:30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP x LANDSCAPING PLAN NARRATIVE x ARCHITECTURAL PLAN SITE PLAN OTHER STAFF CONTACT: Duane Roberts (503) 639-4171 x336 Ju?-21 -97 09 : 47A P - 01 FOREIGN MISSION FOUNDATION r'• Dr. Gene Davis, President 10875 SW 89th Tigard, Oregon 97223 USA Telephone 503-246-5862 Fax 503-977-9343 Email: 76101.176@compuserve.com July 18, 1997 To: Tigard City Council Tigard, Oregon Fay 6 Sy-? ? Attention : -Duane Roberts Subject : New Rules For Protecting Streams and Wetlands I was in India from May 2nd through July 12th. Upon my return to Tigard. I found the notice of the City's intention to create a Zone Ordinance Amendment (ZOA) 79-0001 Water Resources Overlay District. I now respectfully request a continuation of the public hearing until : 1. We can determine how Ash Creek became designated as a fish-bearing stream. I have lived here since 1966, raised nine children, and had some twenty in foster care, all of whom roamed the stream freely, and I have never been aware of any kind of fish in that stream aside from little man-planted creatures that eat mosquitoes larvae, some frogs, and crawdads. We-request time to -made-.thatidesignation,_what criteria-they used,_and_what evidence-they have-that Ash-Creek_is_af sh=bearing_streani 2. We came in last year for a zone change for a hotel and were denied it on the basis of the City Council's wanting a master plan for the whole area. Our properties lie within the Washington Square Regional Center which is presently being submitted to a master plan to be determined by City of Tigard, City of Beaverton, Washington County, Metro, ODOT, and DLCD concerns. On that basis, we request you to continue the public hearing on Ash Creek until that master plan has been adopted. The recommended persons per acre in the Wash is sixty (60)or more. I believe that the present density is at about twenty-seven (27) persons per acre. Thus our area should not be treated as an Oregon State wildlife refuge. 3. We have already mitigated our wetland issues and put more than six and a half(6.5- )acres of very valuable land into perpetuity. Much of that land was not located on the flood plain and was unjustly appropriated. Within that mitigation, we had to give up forty feet"of piibe property along Ash_Creek and_pliant it with reporian vegetation. That left us able to build in the commercial area up to the creek-side, since it was judged at that time that commercially- developed land was not appropriate as wetland and stream protective area. We have no less than twenty-seven-hundred-forty feet(2740')of-creek-Side that would be impacted-by_such_ an ordinance: Multiplied by fifty feet (50'), that represents for us another 137,000 square feet or 3.1 acres. 4. We also have tax lot 2800 on Greenburg road that would become totally unusable and tax lot 1103 on Spruce Street which was recently sub-divided and would also become unusable. Without serious mitigation due to its non-conforming use. Sincerely, • • Gene Davis D:\GALEN\ZOA FA3i.Dc)C • . , ! I • . . 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X That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission _ Tigard Hearings Officer X Tigard City Council A copy of the PUBLIC HEARING NOTICE of which is attached, marked Exhibit "A", was mailed to each named p�erson(s) at the address(s) shown on the attached list(s), marked Exhibit "B", on the3'r— day of A , 1997; said PUBLIC HEARING NOTICE as hereto attached, was p5ted onnan appropriate bulletin board on the n/a day of n/a and deposited in the United States Mail on the 3r`'' day of j4it-lca___ , 1997, postage prepaid. Prepar=e: Notice / Subscribed and sworn/affirmed before me on the 7 day of , 19X7 aikej". ,...1P.Cdi/L.../ -•.•, OFFICIAL SEAL NOTARY PUBL ' O f'OREGQN '`'` DIANE M JELDERKS // -�-f a My Commission Ex. res: `j 7 iii N01- --- TARY PUBLIC-OREGON ®,', COMMISSION NO 046142 MY COMMISSION EXPIRES SEPTEMBER 07,1999 • ,PUBLIC HEARING I EXHIBIT NOTICE hIhl't 1I� NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD CITY COUNCIL, ON TUESDAY, July 22. 1997, AT 7:30 P.M. THE HEARING WILL BE CONDUCTED IN THE TOWN HALL AT TIGARD CIVIC CENTER, LOCATED AT 13125 SW HALL BOULEVARD, TIGARD, OREGON. THE HEARING IS FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC ON THE FOLLOWING APPLICATION: ZONE ORDINANCE AMENDMENT (ZOA) 97-0001 WATER RESOURCES OVERLAY DISTRICT A request to amend the Tigard Community Development Code to add a new section to protect significant wetlands and riparian corridors, which meets the requirements of Statewide Planning Goal 5 and the "safe harbor" provisions of the Goal 5 administrative rule. This new section will be titled the "Water Resources Overlay District". NOTE: This hearing is continued from the June 10, 1997, City Council meeting. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE TIGARD COMMUNITY DEVELOPMENT CODE, RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30 OF THE TIGARD COMMUNITY DEVELOPMENT CODE. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 323 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF), NO LESS THAN ONE (1) WEEK PRIOR TO THE HEARINGS TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO, OR AT, THE PUBLIC HEARINGS. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARINGS. AT THE PUBLIC HEARINGS, THE HEARING BODY WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARING BODY MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER April 18. 1997, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING [ORS 197.763(6)]. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARING BODY WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARINGS, IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. • FAILURE TO RAISE AN ISSUE .ERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE STATEMENTS OR EVIDENCE SUFFICIENT TO AFFORD THE DECISIONMAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST, PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER, Duane Roberts. AT (503) 639- 4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. • EXHIBIT 6 JACK POLA.NS GREG CARR 16000 SW QUEEN VICTORIA 8217 SW HEMLOCK KING CITY, OR 97224 PORTLAND, OR 97223 DAN DOLAN BARB FORREST 1919 NW 19TH AVE 16672 SW 89TH PL PORTLAND, OR 97209 TIGARD, OR 97224 R. JOE KASTEN GORDON S. MARTIN 9885 SW VENTURA CT 12265 SW 72ND AVE TIGARD, OR 97223 TIGARD, OR 97223 JOHN SKOURTES JOHN DUNCAN 17010 SW WEIR 7060 SW PALMER WAY BEAVERTON, OR 97005 BEAVERTON, OR 97007 GLEN HADDOCK 10495 SW WALNUT TIGARD, OR 97223 • • • CITY OF TIGARD - FAX TRANSMITTAL- OREGON PLACE UNDER CITY OF TIGARD LOGO LEGAL NOTICE SECTION OF TIGARD TIMES DATE: May 5, 1997 TO: Mary White, Legals (fax) 620-3433 FROM: Jerree Gaynor, City of Tigard (Ph.) 639-4171 The following will be considered by the Tigard City Council on Tuesday. June 10. 1997 at 7:30 PM at the Tigard Civic Center- Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the City Council. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request or failure to provide statements or evidence sufficient to afford the decisionmaker an opportunity to respond to the issue prior to the close of the hearing on the request, precludes an appeal to the Land Use Board of Appeals based on that issue. Further information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639-4171. PUBLIC HEARINGS ZONE ORDINANCE AMENDMENT (ZOA) 97-0001 WATER RESOURCES OVERLAY DISTRICT A request to amend the Tigard Community Development Code to add a new section to protect significant wetlands and riparian corridors, which meets the requirements of Statewide Planning Goal 5 and the "safe harbor" provisions of the Goal 5 administrative rule. This new section will be titled the "Water Resources Overlay District". TT PUBLISH . May 29. 1997 - FAX TRANSMITTAL- • PLACE UNDER CITY OF TIGARD LOGO LEGAL NOTICE SECTION OF TIGARD TIMES DATE: April 28, 1997 TO: Mary White, Legals (fax) 620-3433 FROM: Jerree Gaynor, City of Tigard (Ph.) 639-4171 The following application will be considered by the Tigard Planning Commission on Monday. May 19. 1997. at 7:30 P.M.. at the Tigard Civic Center- Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony are invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Planning Commission. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request or failure to provide statements or evidence sufficient to afford the decisionmaker an opportunity to respond to the issue prior to the close of the hearing on the request, precludes an appeal to the Land Use Board of Appeals based on that issue. Further information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639-4171. PUBLIC HEARINGS ZONE ORDINANCE AMENDMENT (ZOA).97-0001 WATER RESOURCES OVERLAY DISTRICT A request to amend the Tigard Community Development Code to add a new section to protect significant wetlands and riparian corridors, which meets the requirements of Statewide Planning Goal 5 and the "safe harbor" provisions of the Goal 5 administrative rule. This new section will be titled the "Water Resources Overlay District". TT PUBLISH May 8. 1997 . • •• 1C3TOYROEFGOTINGARD 1 AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Jerree L. Gaynor, being first duly sworn/affirm, on oath depose and say: That I am a Senior Administrative Specialist for The City of Tigard, Oregon, and X That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director X Tigard Planning Commission Tigard Hearings Officer X Tigard City Council A copy of the PUBLIC HEARING NOTICE of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", on the2I k 2 day of//-jori 1997; said PUBLIC HEARING NOTICE as hereto attached, was posted on an appropriate bulletin board on the n/a day of n/a and deposited in the United States Mail on theaX'r2day of illori',L 1997, postage prepaid. / ../ice , / , .,__L./ ..d Pre s ared Notice ' ( ,1 . Subscribed and sworn/affirmed before me on the day of , 19!7 4&.$) AL / / 0 ,, i, /( �., OFFICIAL SE ( � L *-7.'a DIANE M JELDERKS *� " NOTARV PUBLIC OREGON NOTARY PUBLIC .J.RE /�...,� �,,,,q Y COMM COMMISSION NOOa6ta2 My Commission Ex, -s: _g/i/ MY COMMISSION EXPIRES SEPTEMBER 07,1999 ✓ •PUBLIC• HEARING • E�:H �'�',_,_ NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY OF TIGARD PLANNING COMMISSION ON MONDAY, May 19. 1997, AT 7:30 P.M. AND BEFORE THE TIGARD CITY COUNCIL, ON TUESDAY, June 10. 1997, AT 7:30 P.M. HEARINGS ARE CONDUCTED IN THE TOWN HALL AT TIGARD CIVIC CENTER, LOCATED AT 13125 SW HALL BOULEVARD, TIGARD, OREGON. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC ON THE FOLLOWING APPLICATION: ZONE ORDINANCE AMENDMENT (ZOA) 97-0001 WATER RESOURCES OVERLAY DISTRICT A request to amend the Tigard Community Development Code to add a new section to protect significant wetlands and riparian corridors, which meets the requirements of Statewide Planning Goal 5 and the "safe harbor" provisions of the Goal 5 administrative rule. This new section will be titled the "Water Resources Overlay District". THE PUBLIC HEARINGS ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE TIGARD COMMUNITY DEVELOPMENT CODE, RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30 OF THE TIGARD COMMUNITY DEVELOPMENT CODE. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 323 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF), NO LESS THAN ONE (1)WEEK PRIOR TO THE HEARINGS TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO, OR AT, THE PUBLIC HEARINGS. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARINGS. AT THE PUBLIC HEARINGS, THE HEARING BODY WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARING BODY MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER April 18. 1997, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING [ORS 197.763(6)]. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARING BODY WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARINGS, IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. • FAILURE TO RAISE AN ISSUEDERSON OR BY LETTER AT SOMEINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE STATEMENTS OR EVIDENCE SUFFICIENT TO AFFORD THE DECISIONMAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRIOR TO THE CLOSE.OF THE HEARING ON THE REQUEST, PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER, Duane Roberts. AT (503) 639- 4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. • • • Ecrtii Tualatin Riverkeepers Tigard Chapter Assoc. of NW Steelheaders Attn: Sue Marshall, President Attn: Jerry Hofer, President 16295 SW 85th Ave. 14815 SW Hall Blvd. Tigard, Oregon 97224-5569 Tigard, OR 97224 Fans of Fanno Creek, do Dave Drescher Division of State Lands Metro Regional Ceter Attn: Janet Morlan , Wetlands Program Leader 600 NE Grand Ave. 775 Summer Street,NE Portland, Oregon 97232-2736 Salem, OR 97310-1337 Friends of Summer Creek Attn: Douglas Gravatt 11380 SW Erste Place Tigard, Oregon 97223 Wetlands Conservancy Attn: Rosemary Furfey, President PO Box 1195 Tualatin, Oregon 97062 • CITY OF TIGARD NEW RULES FOR PROTECTING STREAMS AND WETLANDS As the owner of potentially affected property, this letter is to inform you that the City is considering the adoption of new regulations to protect stream corridors and wetlands (collectively called "water resources"). These new regulations will be considered at two public hearings, each scheduled to be held at Tigard City Hall, 13125 SW Hall Boulevard. May 19th, 7:30 PM Tigard Planning Commission June 10th, 7:30 PM Tigard City Council • These new regulations were developed to satisfy state-established planning rules for important wetlands and stream corridors. The rules require that local governments map and protect these resources. The proposed City regulations call for the protection of fish bearing streams and significant wetlands and the establishment of building setbacks or undisturbed buffer areas. Where wetlands are located within the setback area, the buffer expands or balloons to incorporate the wetlands. For the Tualatin River, the proposed setback is 75 feet from the top of the bank. For Fanno Creek; North Fork of Ash Creek, and Ball Creek, the proposed setback is 50 feet. The recommended setback for Summer Creek has not been set. The setback for development from all streams and wetlands under existing city regulations is 25 feet. The ordinance provides an exemption for existing residential development. If you live in a house where the side or rear yard has been cleared of streamside vegetation and planted in lawns,your property is automatically exempt from the new regulations. An exception to this is that a new structure normally could not be built within the setback area. Other provisions allowing for flexibility are included in the ordinance. If you have any questions or need more information about the proposed regulations, please call Duane Roberts, 639-4171. i/Irpin/dr/wet.pro • • . 2S103AB-00300 2S112BA-04700 RIV - RR - 2S112BA-03400 2S112BA-01400 2S 42CC-00-s0 2S102CC-00100 13500 'AC IC CORP 13500 PACIFIC CORP BY CAP ADVISORS BY CAP ADVISORS 38345 T- MILE ROAD SUITE 17 38345 W TEN MILE RD, STE 170 FAR NGTON ILLS,MI 48335 FARMINGTON HILLS,MI 48335 1S125DD-00900 1 S125DD-01000 AALBERG,JAMES C&JANET L AALBERG,J S C AND 6695 SW VENTURA PLACE JANET PORTLAND,OR 97223 66 SW VENTURA PL ORTLAND,OR 97223 1 S 135AC-00100 2S1 02 DD-02900 ABRAMS,DAVID AKAMIAN, ROBERT A&CAROL L 6205 SW CARMAN DR 8383 SW DEEANN CT LAKE OSWEGO,OR 97035 TIGARD,OR 97224 1 S125CC-01501 2S102AC-01800 ALEXANDER,LORRETTA S&THOMAS ALLISON, KENNETH V&LA VELLE 8223 SW HEMLOCK ST Go GILSDORF, ROBERT M&LESLI PORTLAND,OR 97223 PO BOX 61772 VANCOUVER,WA 98666 25102AB-01900 2S112AC-02400 ALLRED,DOUGLAS R ALPHA LIMITED PARTNERSHIP 5820 SW CHESTNUT 14725 SW 72ND BEAVERTON,OR 97005 TIGARD,OR 97224 25102DA-00500 2S112CA-02000 AMBER INVESTMENT CO ANDERSEN, DAVID 0/JANE F 5555 SW 107TH 7695 SW GENTLEWOODS DRIVE BEAVERTON,OR 97005 TIGARD,OR 97223 1 S134DD-01100 1S125CB-01000 ANDERSON,GERALD L ANDERSON,GUSTAVO LOIS F CHARLOTTE A 9135 SW 80TH AVE 11645 SW TIEDEMAN RD PORTLAND,OR 97223 TIGARD,OR 97223 • • 2S102CA-00210 2S103DC-00400 ANDERSON,HAROLD P ANDERSON, RAY D JR&MARILYN G SUZANN 13665 SW 110TH AVE 13235 SW ASH DRIVE TIGARD,OR 97223 TIGARD,OR 97223 2S103BB-00700 2S103AB-03200 ANDERTON,JAMES GORDON& ANZELLOTTI,RALPH L& ANDERTON,BRENDA K HALL LINDA 12545 SW 124TH AVE 11942 SW 113TH PL TIGARD,OR 97223 TIGARD,OR 97223 1S134CB-03000 1S135AA-00102 ARAVE,QUINN D BYRLE ASH CREEK APARTMENTS 12270 SW SUMMER CREST DR OREGON LTD TIGARD,OR 97223 10025 SW 85TH PORTLAND,OR 97223 1S135CA-90000 2S103BB-05000 ASH CREEK PARK CONDO ASHENFELTER,CHARLES G UNIT OWNERS BEVERLY A BY E AND V DEVELOPEMENT CO 12360 SW KATHERINE ST 4550 SW LOMBARD AVE TIGARD,OR 97223 2S112BA-90000 2S102AB-01902 ASSOCIATION OF UNIT OWNERS OF ATLAS LAND COMPANY BONITA FIRS VILLAGE CONDOMINIU 9380 SW TIGARD BY STERLING PROPERTY SERVICES TIGARD,OR 97223 11515 SW DURHAM RD 1S125DD-02600 2S102DB-00202 ATTIA,FARAG A&PEGGY C ATWOOD,JIM 6885 SW VENTURA DR 33 SW THIRD AVE TIGARD,OR 97223 PORTLAND,OR 97204 1S125DD-04300 1S135BD-01400 AUSE,NEAL UHOLLY M BAGAN,JOHN P JR 9815 SW VENTURA CT 10910 SW GREENBURG RD TIGARD,OR 97223 TIGARD,OR 97223 2S103DA-01901 2S102DB-07700 BAGLIEN,DONALD M AND RITA A BAKER,RALPH B&LYNN B 10825 SW DERRY DELL COURT 9267 SW HILL ST TIGARD,OR 97223 TIGARD,OR 97223 2S103BA-00125 2S102BA-01400 BAKER,STEPHEN L AND YVONNE BALL, ROBERT D 12040 SW 116TH • WEISE, IRA AND SHERRY TIGARD,OR 97223 WEISE, DAVID ET AL 2255 NW JOHNSON STE#1 2S102DD-00902 1 S125DD-03100 BANTA,MICHAEL CHARLES SR&RU BARRON,GORDON A JR&JOAN L 8878 SW EDGEWOOD ST 27015 SW LADD HILL RD TIGARD,OR 97223 SHERWOOD,OR 97140 • • 2S113BD-00200 2S104AA-10600 BARTLETT,E ANIRGINIA BARTLOW, MURRAY B&DALENE J 16575 SW UPR BOONES FY RD 23235 SW MOUNTAIN HOME RD TIGARD,OR 97224 SHERWOOD,OR 97140 1S134DC-05900 1S125CC-02100 BASTIN,JAMES A AND BASYE,GWEN SEIFERT-BASTIN,TERRY 8008 SW ELMWOOD 11860 SW 113TH PL TIGARD,OR 97223 TIGARD,OR 97223 1S136DA-00100 2S102CB-02100 BAY 606 CORPORATION BEAM,GRACE E TRUSTEE BY EVERGREEN TIMBERLANDS CORP 13300 SW PACIFIC HWY 400 NORTHCREEK,SUITE 700 TIGARD,OR 97223 3715 NORTHSIDE PARKWAY 2S103AB-03800 2S112BB-01800 BECKLEY,PATRICK E&DIANE M BECKMAN, FRANCES 12053 SW 113TH PL 8255 SW COLONY CREEK CT TIGARD,OR 97223 TIGARD,OR 97223 1S1 34CD-01000 2S 115A0-02303 BEELER,DAN P/FAY A BEGAN,ROBERT G AND CAROL L 11735 SW KATHERINE ST 16795 SW 113TH TIGARD,OR 97223 TIGARD,OR 97224 2S 104AA-90000 1 S 134DC-01500 BELLWOOD RRACE CONDOMINIUMS BENASSU,JOHN OWNE. 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TIGARD,OR 97224 1S125DD-02700 1S134AD-08600 BUI,CHUC VAN&LIEM DUY BURDICK, RICHARD S&SUZANNE 6115 NE FREMONT 10553 SW WINDSOR CT PORTLAND,OR 97213 TIGARD,OR 97223 2S102DB-00200 2S102DB-00203 BURNHAM BUSINESS&STORAGE LLC BUSSEY,LO AND 9500 SW BARBUR BLVD STE 300 ANDER , ROGER A TRUSTEES PORTLAND,OR 97219 BY RRIS&STEVENS REALTOR 0SW6TH#400 2S102DB-00204 1S135AA-02400 BUSSEY,LOIS J AND CAIN,JAMES L ANDERSON, ROGER A TRUSTEES 17350 SW SCHOLLS SHERWOOD RD BY NORRIS&STEVENS REALTOR SHERWOOD,OR 97140 520 SW 6TH#400 2S102DC-01500 2S1 11 AD-05800 CALDWELL, KIMBERLY D CAMPBELL, MICHAEL LYNN 14040 SW FERN HELEN KAY TIGARD,OR 97224 25655 SW GRAHAMS FERRY RD SHERWOOD,OR 97140 2S 102CB-02600 2S 112AC-00700 CAPONE,ANTHONY M CARLSON,CLARENCE A ET AL 13056 SW PACIFIC HWY do PUGET CORP OF WASHINGTON TIGARD,OR 97223 7440 SW BONITA RD PORTLAND,OR 97224 2S103DB-01300 1 S126DD-01700 CARLSON,HOWARD T CARNIG,J PH C JANE S MOC , ERALD G 13475 SW 110TH AVE 8 SW HALL BLVD TIGARD,OR 97223 ORTLAND,OR 97223 1S126DD-01991 • 2S115AA-00900 CARNIG,JOSEPH C AND CARR, BERNARD AND MOCK,GERALD G LABBY, ROBERT TRUSTEES ET AL 8900 SW HALL BLVD 633 NW 19TH AVE PORTLAND,OR 97223 PORTLAND,OR 97209 • • 1S125CC-02500 1S125DD-04200 CARR,GREGORY E&MARGARET L CARTER, DEN AND KAY W 8217 SW HEMLOCK 9835 ENTURA CT PORTLAND,OR 97223 ARD,OR 97223 1S125DD-04100 2S114BC-02900 CARTER, KAY AND DENNIS E CASHMAN, DANIEL J&GAYLIE 9835 SW VENTURA COURT 16662 SW RIVERWOOD PLACE TIGARD,OR 97223 TIGARD,OR 97224 1S134CC-02100 2S104AB-08900 CASTELOW,CHARLIE T AND CATALANO,GARY S&DIANA L MICKEY G 12418 SW 131ST AVE 12315 SW KATHERINE TIGARD,OR 97223 TIGARD,OR 97223 2S103BB-07900 1S125DC-00600 CHAMBERLAIN,JOSEPH G AND CHAMBERLIN,ALLEN LINLEY ARLENE V 9777 SW 74TH 15770 NE EILERS RD TIGARD,OR 97223 AURORA,OR 97002 2S115AD-00500 2S103BB-13200 CHAMBERLIN,GRANT A CHANDLER, STEPHEN L AND WANETA M CHERRYL A 16720 SW 108TH AVE 12270 SW ANN CT TIGARD,OR 97223 TIGARD,OR 97223 1 S134DD-01800 2S103AB-03700 CHAPUT,MARCEL J CHARBONNEAU,JOSEPH P& NANCY A VICKI R 11935 SW TIEDEMAN AVE 12079 SW 113TH PL TIGARD,OR 97223 TIGARD,OR 97223 1 S135AA-01800 1S133DB-05300 CHAVEZ,HELEN W CHEW, FREDDIE AND 8407 SW LOCUST THEAN,JASMINE PORTLAND,OR 97223 11223 SW WINTERLAKE DR TIGARD,OR 97223 2S111AD-14400 1S133DD-16500 CHIAPUZIO, DOUGLAS S/BARBARA A CHIN, LAWRENCE D&ELAINE F 14921 SW 91ST AVE 11994 SW 129TH TIGARD,OR 97224 TIGARD,OR 97223 1S125CC-01500 1S125CD-07100 CHRISTIANSON,ALLEN J CHURCH,MICHAEL W&BARBARA J 8220 SW ELMWOOD 7440 SW 35TH PORTLAND,OR 97223 PORTLAND,OR 97219 2510 D-00810 2S103BB- 64 0 CITY ARD CITY OF TI RD 13125 HALL BLVD 13125 SW BLVD TI RD, R 97223 TIGARD,O 7223 • • 2S102AC-0' 03 2S103B -063 0 CITY nF IGARD CITY OF I ARD 1312- HALL BLVD 13125 SW ALL BLVD T -ARD,QR 97223 TIGARD, R 97223 2S115 -0 600 2S104 -04 00 CITY 0 IGARD CITY 0 TI ARD 13125 ALL BLVD 13125 S ALL BLVD TIGA ,OR 97223 TIGARD 97223 2S104 D-0 01 2S103DC-00500 CITY 0 GARD CLARK,KEVIN W AND SUSAN H 13125 HALL BLVD 13705 SW 110TH AVE TIGA ,O 97223 TIGARD,OR 97223 2S103DB-00900 1 S125DD-03300 CLARK,SCOTT E&TRACY N CLINICAL CONSULTANTS,INC 13355 SW 110TH AVE ATTN:JANE TIMERLIN TIGARD,OR 97223 6660 SW VENTURA BLVD TIGARD,OR 97223 2S103AB-00403 1S1 34AD-05300 CLOUD,CLAUDIA G COATES,GARY D&MELANIE J 11285 SW WALNUT 10821 SW 108TH CT TIGARD,OR 97223 TIGARD,OR 97223 • 1S134AD-09400 2S102BB-01000 COBRAIN, DAVID W AND COCHRANE,CHRISTINE M LATHROP,JOYCE do PEARSON,HENRY 0 AND 10765 SW 106TH DONNA M TIGARD,OR 97223 10085 SW JOHNSON STREET 2S10100-01201 2S 0100-0 02 COE MANUFACTURING CO,THE CO A UFACTURING COMPANY P 0 BOX 520 PO BO 520 PAINESVILLE,OH 44077 PAIN VI ,OH 44077 1S133CA-00300 2S112BD-00200 COE,GARY R COELLO,GEORGE J 11115 SW 135TH AVENUE MILDRED M PORTLAND,OR 97223 14760 SW 76TH TIGARD,OR 97223 1S125CC-01701 1S1 CC- 600 COHEN,JUDITH COHE DITH E 8220 SW ELMWOOD 8220 S LMWOOD PORTLAND,OR 97223 PORT N , R 97223 2S102DD-00900 2S112BB-15200 COLLING,CHARLES W COLONY CREEK ESTATES NO.6, 13835 SW HALL BLVD OWNERS OF LOTS 122-125 TIGARD,OR 97223 12454 SW EDGEWATER CT TIGARD,OR 97223 • • 25111 CA-01400 1 S 134AD-09300 COLTON, RODNEY P&LILY T CONAWAY,GUY 9645 SW SUMMERFIELD DR 10779 SW 106TH AVE TIGARD,OR 97224 TIGARD,OR 97223 1 S 134DC-06100 1 S 125CD-01500 CONZELMANN,ARNOLD M III COOK, KENNETH 0&SHIRLEY M 11900 SW 113TH 7910 SW ELMWOOD TIGARD,OR 97223 PORTLAND,OR 97223 1S134DA-03300 25102BC-05300 COOKSON,WILLIAM V COOLEY,CRAIG L BETTY L 5693 VICTORIA CT 10520 SW NORTH DAKOTA LAKE OSWEGO,OR 97035 TIGARD,OR 97223 1S134AD-09200 2S114BA-13400 COOLEY,NORMAN A COPPER CREEK LOT OWNERS 10787 SW 106TH AVE 15300 SW 116TH AVENUE TIGARD,OR 97223 TIGARD,OR 97223 2S111AC-05500 2S112BD-01500 CORNETT,JOSEPH E JR&TAMMY L CORNUTT,HOWARD L SR&HOWARD 14900 SW 92ND AVE 11720 SW LYNN ST TIGARD,OR 97224 TIGARD,OR 97223 1S125CC-02301 2S101BB-01201 COSSAR, IAN A COSTCO W %-ESALE CORPORATION 8125 SW HEMLOCK ST ATTN: - 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•HEEDY 12500 SW KAREN ST 12501 • KAREN ST TIGARD,OR 97223 TIG -D,•- 97223 1S133CA-01000 1S125DD-03700 SHRADER,DALE G TRUSTEE SHREVE,THOMAS A&MARY B 310 3RD AVE NE 9875 SW VENTURA COURT ISSAQUAH,WA 98027 TIGARD,OR 97223 2S103AD-02400 2S104AA-09400 SIBELIAN, KENNETH E AND SIMA,JULIUS D&LIGIA 0 CECILIA Z 12845 SW KATHERINE ST 10850 SW PATHFINDER WAY TIGARD,OR 97223 TIGARD,OR 97223 2S112BB-14500 2S112CA-09200 SINHA,MANISH AND SJOQUIST,W C AND HELENE M PRASAD,RITU 7522 SW ASHFORD 8302 SW CHAR CT TIGARD,OR 97224 TIGARD,OR 97224 2S112AC-01600 2S10100-00700 SKOURTES,JOHN&JACKIE SMITH GERIG WESTERN PROPERTIES 17010 SW WEIR RD 25440 SW NEWLAND RD BEAVERTON,OR 97007 WILSONVILLE,OR 97070 2S 102BB-00900 2S11 1 AD-15300 SMITH,CHARLES R&DEBRA D SMITH, ELIZABETH L 10065 SW JOHNSON ST 9047 SW REILING ST TIGARD,OR 97223 TIGARD,OR 97224 2S 103AB-00406 2S 103 DB-04800 SMITH,GARY C&ANNE H SMITH,GARY G AND 11275 SW WALNUT ST KATHLEEN H TIGARD,OR 97223 11155 SW NOVARE PL TIGARD,OR 97223 • • 2S 103CC-01200 2S 103CC-01500 SMITH,GENE F MARY E SMITH,HOPE Y 12015 SW ROSE VISTA DR 12005 SW ROSE VISTA TIGARD,OR 97223 TIGARD,OR 97223 2S112BB-14400 2S102BA-00501 SNELLING,ROBERT A SNYDER, DAROLD D SUE A 8288 A&B SW CHAR CT 9742 SW TIGARD ST TIGARD,OR 97224 TIGARD,OR 97223 2S112BA-00400 2S102DD-00400 SNYDER,VERLEAH ARLENE SOLARES HOMES L L C 7775 SW BONITA RD 13556 TWIN CREEKS LANE TIGARD,OR 97224 LAKE OSWEGO,OR 97035 2S102DD-01100 2S102AC-01100 SOLIS,EDGAR SORG,OTTO PO BOX 5537 BY FIRST INTERSTATE BANK ALOHA,OR 97007 TRUST REAL ESTATE T-12 PO BOX 2971 2S 102AC-00202 2S 103BB-07800 SOUTHWEST PORTLAND SPARWASSER, RICHARD C PARTNERSHIP KAREN M 2121 N COLUMBIA BLVD 12410 SW 124TH PORTLAND,OR 97217 TIGARD,OR 97223 2S104AA-11700 2S102BC-05400 SPEIGHT,HARRY M JR&ANISSA SPELLMAN,JAMES H/MICHELLE 12445 SW 129TH AVE 12555 SW PATHFINDER CT TIGARD,OR 97223 TIGARD,OR 97223 2S101BB-01400 2S112AA-00900 SPIEKER PROPERTIES LP SPIEKER P ERTIES LP PO BOX 5909 PO B 5909 PORTLAND,OR 97228 TLAND,OR 97228 2S112AA-00400 1S125CC-01900 SPIEKER P ERTIES LP STAPLETON,GARY D AND ALEXIS PO B 909 10900 SW 76TH PL#1 TLAND,OR 97228 TIGARD,OR 97223 1 S135AC-04800 2S115AB-00800 STATE OF ORE -FILE 32679 STEEL,LEON N DEPARTM OF TRANS 16440 SW 113TH AVE Go D ,GENE L AND VIVIAN TIGARD,OR 97224 TRANSPORTATION BLDG 2S102DB-05000 1 S125DD-02300 STEINER,JOSEPH R&JEANETTE B STELLAR,SHERYL A&ROBERT DAL 13322 SW CHELSEA LP 6565 SW VENTURA DR TIGARD,OR 97223 TIGARD,OR 97223 • • 1S125DD-02900 2S115AB-01200 STEVENS,GREGG R/ANGELA E STEVENS,LARRY D/JULIE F 6825 SW VENTURA DR 16425 SW 113TH TIGARD,OR 97223 TIGARD,OR 97224 2S102AC-00200 2S112BA-00200 STEVENS, PAGE N STEWART, D A&SUSAN A 9180 SW BURNHAM ROAD 24001 UTTEVILLE RD TIGARD,OR 97223 A ORA,OR 97002 2S112BA-00300 1S134AC-03700 STEWART,DAVID A&SUSAN A STEWART,JAMES G 24001 NE BUTTEVILLE RD 10719 SW MARY PLACE AURORA,OR 97002 TIGARD,OR 97223 1S135AC-04100 1S136DB-02600 STEWART,JOHN W STEWART, PHYLLIS T AND PHYLLIS T STEWART TRUST 8980 SW OAK 621 SW ENGLEWOOD DR PORTLAND,OR 97223 LAKE OSWEGO,OR 97034 1S125DD-03900 2S114BC-02800 STOIANTSCHEWSKY,SPASS 0& STORINO,TONY&DIONNIE PALM-STOIANTSCHEWSKY, KATHLEEN 16640 SW RIVERWOOD PL 9855 SW VENTURA CT TIGARD,OR 97224 TIGARD,OR 97223 2S103DC-06200 2S103DB-05100 STREALY,GARY C/ALDEEN N STREICHER,MICHAEL R&PEGGY A 11200 SW FAIRHAVEN 11175 SW NOVARE PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 134AC-03500 1S13400-00101 STRONG,RICHARD C&LORI M STUCH,THOMAS F&SHELL'L 10764 SW MARY PL 10525 SW TIGARD ST TIGARD,OR 97223 TIGARD,OR 97223 2S1 'DD-00 %8 2S1 ADD-140s SUMM=;'IELD SUM - RF ' LD CIVIC OW '-' OF ALL LOTS ASSOC.-TION , 97223 1065► SW UMMERFIELD DR TI e'RD,OR 97224 2S110 -0 00 2S CA-0131e SUMME IELD NO 6 SUM� ./-NO 7 OWN S 0 LL LOTS OWNE'- ', L LOTS 7223 , /23 2S102CB-03100 2S 103AA-00100 SUSNJARA, MARKO A SWAN, DONALD J&ELIZABETH E 825 NE MULTNOMAH#1001 12060 SW TIEDEMAN PORTLAND,OR 97232 TIGARD,OR 97223 . • 1 S125CD-01800 2S103DC-06100 TALBOT,CLIFFORD E JR&BARBAR TALLEY,JAMES E AND 7855 SW HEMLOCK DR CHRISTINE L PORTLAND,OR 97223 11205 SW FAIRHAVEN STREET TIGARD,OR 97223 1S135CA-00307 1S134CD-04100 TAMARYN ASSOCIATES TAN,SUOR/SUNDARA 520 BROADWAY STE 260 11740 SW 121ST AVE SANTA MONICA,CA 90401 TIGARD,OR 97223 2S102BC-05500 2S113BA-00700 TAYLOR,CHARLES E/BILLIE J TAYLOR, ELI ETH B 12575 SW PATHFINDER CT TAYLOR THERINE J TIGARD,OR 97223 CO- STEES 1 65 SW UPPER BOONES FR RD 1S134CC-02800 2S114D0-001 TERRY,SUSAN BETH THOMAS HN M 11965 SW 122ND CT SALLY TIGARD,OR 97223 16 SW 85TH AVE GARD,OR 97223 2S114AD-00100 1 S134CD-07500 THOMAS,JOHN M THOMPSON,GEORGE L SALLY P ARLENE E 16575 SW 85TH AVE 11630 SW TIGARD DRIVE TIGARD,OR 97223 TIGARD,OR 97223 2S111AD-05600 2S102DA-00701 THOMPSON,WM R MILA A TIGARD CHRISTIAN CHURCH 8730 SW PINEBROOK ST 13405 SW HALL BLVD TIGARD,OR 97223 TIGARD,OR 97223 2S102CA-00190 2S 102BD-016 1,1 TIGARD COMMUNITY METHODIST TIGARD . MUNITY METHODIST CHURCH CHU 9845 SW WALNUT 98': SW WALNUT TIGARD,OR 97223 GARD,OR 97223 • 2S102CB-02301 1S13 BD-0020 TIGARD MEDICAL CENTER TIGA OF 13200 SW PACIFIC HWY 1312 HALL TIGARD,OR 97223 P BOX 3397 TIGARD,O 97223 1S13'DB-0010 2S102BA-0150 TIGARo,CI ' OF TI c'RD ' OF 13125 S HALL 1312 W HALL PO Br, 2 397 Pot BO 23397 TI 'RD,O' 97223 a IGARD, - 97223 2S1 AB-04200 1S1 C-0500 TIGA ,CI OF TIGARD,C OF 13125 ALL 13125 ALL PO BO 397 PO X 23 7 TIG D,O 97223 T ARD,OR 97223 . • 2•112CA- 900 2S1 4BC-05 11 TI C R.,CITY OF TIGA•D ITY OF 131 : SW HALL 131 W HALL Pe BO 23397 P. BOX•3397 IGARD,S- 97223 TIGARD,O 97223 2S1 BC-0 400 2S •2CA-00 %I TIGA ITY OF TIGA' I TY OF 1312 HALL 1312 ,■ HALL PO OX 23397 P. BOX 2'397 GARD,OR 97223 TIGARD,OR 97223 25112••-13'00 2S11•:D-014,: TIGARD, ' TY OF TIGAR k OF 13125 ' LL 13125 :' HALL PO 'SX 23397 PO -OX 397 ARD,OR 97 23 GARD,OR 97223 2S 5AA-.:800 2S1 AD-0710 TIGA'II CITY OF TIGAR C OF 1312 HALL 13125 HALL PO :OX 2 97 PO X 2 97 GARD,OR 97223 ARD,OR 97223 25112BB-12900 1S136D■-00500 TITAN PROPERTIES CORP TOM MO R T- •TRES PO BOX 6835 DBA TIGA--4 CINEMAS#113 ALOHA,OR 97007 703B-•AD •Y STE 605 V• OUVER, 'A 98660 2S112BB-11300 2S102DA-00900 TOMPULIS,ROBERT W TOWER,LANE B 14256 SW FANNO CREEK LP 13337 SW HALL BLVD TIGARD,OR 97224 TIGARD,OR 97223 1S134CD-10600 1S125DC-01800 TOWERY, LAURIE L TOWNE, KYLE G AND CARALEE 11725 SW 116TH AVE 7085 SW VENTURA DR TIGARD,OR 97223 TIGARD,OR 97223 2S115A0-02200 1S135AD-01702 TOYAMA, KUMIKO&TAKAYUKI TOZER,DAVID A II LINDA S #301 MISHUKU CITY HOUSE 8770 SW THORN ST MISHUKU 2-27-8 TIGARD,OR 97223 SETAGAYA,TO 154 JAPAN 1S136DB-02603 2S104AD-04500 TRI-COUNTY METROPOLITAN TRIGG,VERNON L TRANSPORTATION DISTRICT OF ORE BERNICE B 4012 SE 17TH AVE 12585 SW WALNUT PORTLAND,OR 97202 TIGARD,OR 97223 2S114D0-00200 1 127DC-00401 TUALATIN COUNTRY CLUB TU •TIN " LS PARK AND PO BOX 277 REC • ION DISTRICT TUALATIN,OR 97062 157s S• WALKER RD •VERT•• •R 97005 • • 151270100212 1S1 9:-0110,/ TUALATI I PARK AND TUALATI LS PARK AND RECREATI• DISTRICT RECRE• ON • RICT 15707 S f WA ER RD 1570 W WALKER - •D BEAV"TON,OR 97005 VERTON,OR 97006 2S103AD-02500 2S101BC-00101 TWINE,JEFFREY T U S NATURAL RESOURCES INC 10820 SW PATHFINDER WAY P 0 BOX 23038 TIGARD,OR 97223 PORTLAND,OR 97223 1 S 136DA-00900 2 e 1 BC-0020 I. U-HAUL REAL ESTATE CO U.S. T 'i L RESOURCES, INC ATTN: PROPERTY TAX DEPT PO :e' '038 PO BOX 29046 ':'TLAND,•c 97223 PHOENIX,AZ 85038 2S113BA-00600 2S114BC-03900 UNIFIED SEWERAGE AGENCY URBAN,WILLIAM J&LESLIE 150 N FIRST 10390 SW BONANZA WAY HILLSBORO,OR 97123 TIGARD,OR 97224 1S1 34DD-01500 2S 103DC-00600 VAN DOORNINCK,WOLTER H VAN KLEEK,JAMES A 6555 SW DALE AVE LANORE J BEAVERTON,OR 97005 13745 SW 110TH TIGARD,OR 97223 2S1 01 BD-00100 2S 115AD-00 VANGORDON,DORIS VOGEL, NNIE GERLACH,ETHEL E 167 SW 108TH AVE HUNZIKER, EDWARD R ARD,OR 97224 14430 SW 94TH CT 2S115AD-00700 2S114BD-03400 VOGEL,CONNIE VOSSLER, MARK R&SUSAN U 16760 SW 108TH AVE 9500 SW RIVERWOOD LN TIGARD,OR 97224 TIGARD,OR 97224 2S 103AD-02300 2S 103DC-00200 WALHOOD,TERRY A WALKER, BETSY NANCY 10880 SW PATHFINDER WAY c/a WALKER,VERNON E/CAROLYNN TIGARD,OR 97223 13585 SW 110TH AVE TIGARD,OR 97223 1 S136CD-02000 1 S136CD-043 WAREMART INC WAREM INC PO BOX 5756 PO 5756 BOISE,ID 83705-0756 ISE,ID 83705-0756 1S125CC-02302 1 5CC-02600 WASHINGTON COUNTY WA INGTON • NTY ATTN: PROPERTY MGMT BY ME - PARK 150 N 1ST,ROOM B-7 ATTN: . ETTE CARTER HILLSBORO,OR 97124 84'• SW HE LOCK • 1S1 'IA-07400 2S113;A-00101 WASHINt 0 OUNTY WASHI TO, OUNTY FACILITIES MT-ADMIN 155 N 1S■■•VE#350-15 150 N Fl'•T AV-, -M B-7 HILL :•R• OR 97124 HILLS:•RO,OR 9 4 112AB-01801 1' 25DD-1010s WA' INGT• COUNTY WA IN •N SQUARE ESTATES FACILI : MGMT-ADMIN LOT c NERS 150 N F S VE,RM B-7 00001 HILL`:ORO,OR :.7124 1S13':C-01200 1S136DA-02400 WASHI TON :•UARE INC WAY W LEE GENERAL CONTRACTOR I 700 FIFT • E STE 2600 5210 SE 26TH ST SEA , • 98104 PORTLAND,OR 97202 2S102BB-00828 2S112BA-00500 WEAVER,PAULINE T TRUSTEE WEAVER, P NE T TRUSTEE 7865 SW BONITA RD 7865 ONITA RD TIGARD,OR 97224 ARD,OR 97224 1 S 134 DC-03605 1 S 134CC-02400 WEBSTER,CALVERT H& WEIGART,L BRIAN PEGGY S 11080 SW ALLEN BLVD STE 100 11895 SW 113TH PL BEAVERTON,OR 97005 TIGARD,OR 97223 2S102BC-05200 2S103BC-07500 WEIHER,LARRY D&JACQUELYN WEISS, KURT J AND JULIE A 12515 SW PATHFINDER CT 12280 SW LANSDOWNE LN TIGARD,OR 97223 TIGARD,OR 97223 1S125CC-01000 2S104AA-00102 WESCOTT,RICHARD&JOAN L WE -•NDS C• • ERVANCY, INC,THE • Go FREEMAN, LEONARD J&MARIL PO BO •5 8322 SW CHESTNUT ST TU s d•TIN,•- 97062 PORTLAND,OR 97223 2S1 •AB-1251: BC-00 WETLA CONSERVANCY, INC,THE WET • '•. CONSERVANCY, INC,TH PO :i 11•' P• :OX1195 �ALATIN,OR • .62 TUALATIN,OR 9 1.2 2S112BB-01700 2S103BB-07300 WHITEHEAD,JANICE E WHITWORTH,PERRY R AND BONNIE 8275 SW COLONY CREEK TRUSTEES TIGARD,OR 97224 12532 SW 123RD TIGARD,OR 97223 2S102BA-02000 2S102BA-02103 WICKS, RONALD GAYLE WICKS,RONALD GAYLE& 12345 SW GRANT AVE GATION, KAY E TRUSTEES TIGARD,OR 97223 9965 SW JOHNSON STREET ' TIGARD,OR 97223 • • 1 S 125DD-00800 1 S 134CC-01100 • WIENEKE,CARL WILLIAM AND WIESMAN,CHARLES R&BERYL JEA • MARILYNN 12160 SW MERESTONE CT 6755 SW VENTURA PLACE TIGARD,OR 97223 TIGARD,OR 97223 2S112AA-01000 2S102DB-03300 WILLIAMS CONTROLS INDUSTRIES, WILLIAMS,DOROTHY ANN ATTN: DALE J NELSON 13336 SW CHELSEA LOOP 14100 SW 72ND AVE TIGARD,OR 97223 PORTLAND,OR 97224 1S125DD-04000 2S112CD-00100 WILLIAMS,JAMES B AND WILLIAMSON,JOHN D&M MILLICE PATRICIA D 1505 SE 127TH AVE • 9845 SW VENTURA COURT VANCOUVER,WA 98684 . TIGARD,OR 97223 2S102BA-00302 2S102BA-00300 WILSHIRE PROPERTIES-2 INC WILSHIRE P ERTIES-2 INC 1776 SW MADISON ST STE 300 1776 ADISON ST STE 300 PORTLAND,OR 97205 TLAND,OR 97205 S102BA-00304 2S114BC-03800 W IRE P •PERTIES-2 INC WILSON,DONALD F III &GRACIEL • 1776 S ADISON ST STE 300 10372 SW BONANZA WAY PO: LAND,►: 97205 TIGARD,OR 97224 2S103BA-00126 1 S135AC-04200 WILSON,EUGENE A WILSON,JOHN H JOSEPHINE R 8960 SW OAK ST 12000 SW 116TH AVE TIGARD,OR 97224 TIGARD,OR 97223 2S1028B-00829 2S115AB-00600 WINICK,HOLLY J WOJAHN, ELMER&ROSE 10470 SW JOHNSON CT 16410 SW 113TH TIGARD,OR 97223 TIGARD,OR 97224 1S134CB-03100 1S125CD-07000 WOLD,VALDA WOLSKI,PATRICK R&JULIANNE 12330 SW SUMMERCREST DR 9706 SW LANDAU PL TIGARD,OR 97223 TIGARD,OR 97223 2S103AD-02200 2S 102BA-02300 WOODRUFF,MICHELE 0 WRIGHT LOVING TRUST 10900 SW PATHFINDER WAY BY KEITH W WRIGHT TRUSTEE TIGARD,OR 97223 PO BOX 230115 TIGARD,OR 97223 1S135AA-03600 2S103BB-07500 WRIGHT,JOHN RICHARD/TRACY ILE WYLDER, DUANE C AND 10575 SW HALL PHYLLIS M TIGARD,OR 97223 12512 SW 123RD AVE TIGARD,OR 97223 • 1S134CC-02300 2S114BB-07600 YEATTS, IRVINE H AND YEE, DORIAN D MARGARET A ERICKSON,KRISTI S 12311 SW KATHY STREET 16267 SW 104TH AVE TIGARD,OR 97223 TIGARD,OR 97224 1 S134AD-07200 1 S125CD-01300 YI,HAK KYUN AND KYE JA YOUNG,CARO N&DUDLEY E II 10545 SW WINDSOR PL do ADAM CORD HOPKINS TRUST TIGARD,OR 97223 ROB SAMUEL HOPKINS TRUST ET 0 1ST INTERSTATE TWR 2S102DC-02500 2S102DD-00300 YOUNG,NANCY L ZANDER,DENELL D 8985 SW MCDONALD CAROL M TIGARD,OR 97224 13700 SW HALL BLVD TIGARD,OR 97223 2S 103AD-01100 ZHAO,SI YU &ZHANG,CONG 12750 SW 107TH CT TIGARD,OR 97223 • i Coe Manufacturing 7930 SW Hunzinker Rd Tigard,OR 97223 Hambach,et al 7735 SW Durham Rd Tigard,OR 97224 Malo 11720 SW Lynn Tigard,OR 97223 Robinson 1200 SW Bull Mt Rd Tigard,OR 97223 Robinson by Forum Properties 8705 SW Nimbus#230 Tigard,OR 97223 Leach,Ray 14635 SW 133rd Ave. - Tigard 97223 i/lrpn/dr/wet.lis 1 • P 335 805 144 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail(See reverse) CZ Sent to OF LAND CONS/DEV zStreet&Number yr 1175 COURT ST NE < Post Office,State,&ZIP Code SALEM, 0' 97110—05q0 41 Postage $ oS •! 10 CZ Certified Fee k O h Special Delivery Fee Restricted Delivery Fee V rn Return Rec:,: 7` 11 Whom&r• ve■-d o, Return aLc-ow•,*•`,, gym,' < Date,& ee's A„ : 2 d o TOTAL-G.re&Fe �g1 FA, , (,), C') Postmark.',• `O I Cl) • c'' SENDER: •Complete items 1 and/or 2 for additional services. I also wish to receive the •Complete items 3,4a,and 4b. following services(for an •Print your name and address on the reverse of this form so that we can return this extra fee): card to you.L2-° I •Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address E1 Z permit. • i • •Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery N I •The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. .2 i v 3.Article Addressed to: 4a.Article Number d • d P 335 805 144 CC E . E DEPT. OF LAND CONS. & DEV. 4b.Service Type c 1175 COURT ST. NE ❑ Registered )Q$ Certified m SALEM, OR 97310-0590 0 F�cpressMail ❑ Insured c Si ❑ Return Reiiot for Merchandise ❑ COD ` , 7.Date of D'elfvrp of 5 f-- = „�=-ived By:(Print Name) 8.Addressee's Address(Only if requested and fee is paid) W 1 ¢ FL- c 6. rgrta$ue: (Addr A t) >. X p��Jal co PS Form 3811, December 1994 Domestic Return Receipt • , • • AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Jerree L. Gaynor, being first duly sworn/affirm, on oath depose and say: That I am a Senior Administrative Specialist for The City of Tigard, Oregon, and X That I mailed a NOTICE OF PROPOSED AMENDMENT FOR: X City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy of the PROPOSED AMENDMENT, 2 Oi Qj 7-UUD I , a copy of which is attached, was mailed to the Department of Land Conservation and Development, on they`' day of 61/94` , 1997, postage prepaid. AO a Pre•:red Notice Z Subscribed and sworn/affirmed before me on the Stray day of , 19v f••r.,. OFFICIAL SEAL I JA 'i $j'J1 D My Commissio - pires: q 7 1 MY COMMISSION EXPIRES SEPTEMBER 07,1999 'y NOTICISF PROPOSED AMI41hDMENT This form must be received by DLCD at least 45 days prior to the final hearing ORS 197.610 and OAR Chapter 660, Division 18 See reverse side for submittal requirements Jurisdiction City of Tigard Date of Final Hearing June 10, 1997 Local File # ZOA 97-0001 Has this proposal been previously submitted to DLCD?___Yes xNo 4/25/97 Date Comprehensive Plan Text Amendment Comprehensive Plan Map Amendment Land Use Regulation Amendment Zoning Map Amendment x New Land Use Regulation Briefly summarize the proposal. Do not use technical terms. Do not write "See Attached." A proposal to amend the Tigard Community Development Code to add a new section to protect significant wetlands and riparian corridors. which meets the requirements of Statewide Planning Goal 5 and the "safe harbor" provisions of the Goal 5 administrative rule. This new section will be titled the "Water Resources Overlay District". Plan Map Change From NA to Zone Map Change From NA to Location: city wide Acres Involved: 6.896 Specified change in Density: Current Density NA Proposed Density NA Applicable Goals: 1, 2, and 5 Is an Exception proposed?__ Yes x No Affected State or Federal Agencies, Local Governments or Special Districts: DSL. Metro. USA Local Contact: Duane Roberts Phone: 639-4171 Address: City of Tigard. 13125 SW Hall Blvd.. Tigard. Oregon 97008 DLCD File# - Date Rec'd _ #Days Notice _ .r OUBMITTAL REQUIREMENT ORS 197.610 and OAR Chapter 660,Division 18 1. Send this Form and Three(3) Copies of the Proposed Amendment to: Department of Land Conservation and Development 1175 Court Street,N.E. Salem, Oregon 97310-0590 2. Unless exempt by ORS 197.610 (2),proposed amendments must be received at the Salem DLCD office at least 45 days before thefinal hearing on the proposal. 3. Submittal of proposed amendments shall include the text of the amendment and any other information the local government believes is necessary to advise DLCD of the proposal. "Text" means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. 4. Submittal of proposed "map" amendments must include a map of the affected area showing existing and proposed plan and zone designations. The map should be on 8 1/2 by 11 inch paper. A legal description, tax account number, address or general description is not adequate. 5. Submittal of proposed amendments which involve a goal exception must include the proposed language of the exception. If you need more copies of this form, copy it on green paper or call the DLCD office at 503-373- 0050. • • • 18.85.00 SECOND DRAFT b. WATER RESOURCES (WR) OVERLAY DISTRICT 13.35.010 Purpose 1 13.85.020 Definitions 2 13.35.030 Applicability and Generalized Mapping 3 Table 18.35(1)Riparian Setbacks and Water Quality Buffers 4 13.85.040 Exception for Developed Single-Family Residential Subdivision Lots 4 18.85.050 Permitted, Conditional and Prohibited Uses 5 Table 18.35.050(D): Water Resources Overlay District Use List 6 18.85.060 Application Requirements 7 18.85.070 Decision Options and Conditions 9 18.85.080 Development Standards 9 18.85.090 Riparian Setback Reductions 13 18.85.100 Adjustments to Underlying Zone Setback Standards 14 18.85.110 Density Transfer 14 18.85.120 Variances to Chapter 18.85 Standards 15 13.85.130 Plan Amendment Option 15 18.85.010 Purpose A. General. The Water Resources (WR) overlay district implements the policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between development and conservation of significant wetlands, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear and objective standards to: protect significant wetlands and streams; limit development in designated riparian corridors; maintain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. B. Safe Harbor. The WR overlay district also meets the requirements of Statewide Planning Goal 5 (Natural Resources) and the "safe harbor" provisions of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 1 • • • 18.85.020 Definitions • The definitions of OAR 660-23-090(1) are incorporated herein by reference. A. The "riparian corridor" includes a river or a major stream, associated wetlands, and the "riparian setback" area. i B. The "riparian setback area" is measured horizontally from and parallel to _ major stream or Tualatin River top-of-banks, or the edge of an associated wetland, whichever is greater. The riparian setback is the same as the "riparian corridor V boundary" in OAR 660-23-090(1)(d). 1. The standard Tualatin River riparian setback is 75 feet, unless modified in accordance with this chapter. 2. The major streams riparian setback is 50 feet, unless modified in accordance with this chapter. 3. Isolated wetlands and minor streams (including adjacent wetlands) have no riparian setback; however, a 25-foot "water quality buffer" is required by the Unified Sewerage Agency (USA). D. "Disturbed areas" are identified portions of the riparian setback area that are devoid of vegetation or which are overgrown with non-native or invasive plant - species, such as English ivy or Himalayan blackberry. In contrast, identified portions of the riparian setback area that are dominated by native plant species are not disturbed. E. V "Mitigation plan" means a detailed plan to compensate for identified adverse impacts on water resources, riparian setback areas or water quality buffers that result from alteration, development, excavation or vegetation removal within the WR overlay district. A mitigation plan must be prepared by experts in fish and wildlife biology, native plants, and hydrological engineering, and usually re-planting with native plant species. F. "Major streams" are mapped as "fish-bearing streams" by the Oregon . . Department of Forestry and have an average annual flow less than 1000 cubic feet • per second (cfs). . 1. Major streams in Tigard include Fanno Creek, Ash Creek (except the north fork and other tributary creeks) and Ball Creek. 2. In contrast, the Tualatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1000 cfs. V G. "Minor streams" are c t "fish-bearing streams" according to Oregon Department of Forestry maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain short tributaries of the Tualatin River. H. "Native plant species" are those listed on the Portland Plant List, which is incorporated by reference into this chapter. • Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 2 1. "Top-of-bank" has the same meaning as "bankfull stage" as defined in OAR 141-85-010(2). It is the stage or elevation at which water overflows the natural banks of streams and begins to inundate the upland. In the absence of physical evidence, the two-year recurrence interval flood elevation may be used to approximate the bankfull stage. J. The "Tigard Wetlands and Riparian Corridors Map" identifies all "significant" water resources within the Tigard Planning Area, including the Tualatin River corridor, all major stream corridors, minor streams and isolated wetlands. This generalized, composite map is based on the City of Tigard Local Wetlands Inventory (LWI) prepared by Fishman Environmental Services, 1994, hereby adopted by reference. All water resources identified on the Tigard Wetlands and Riparian Corridors Map meet the Division or State Lands (DSL) definition of a "Locally Significant Wetland." K. A "Wetland" is an area that is inundated or saturated by surface water or • • ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for ()•, i .; :►� life in saturated soil conditions. ,, . ; 1. A "Significant Wetland" is a wetland, or a significant but non-fish- bearing stream, which appears on the City of Tigard Wetlands and Riparian Corridors Map. 2. An "Associated Wetland" is a significant wetland, all or part of which is (a) within 75 feet of the Tualatin River top-of-bank, or (b) within 50 feet of any major stream top-of-bank. 3. An "Isolated Wetland' is a significant wetland, all of which is located outside of the riparian setback. 4. A "Non-Significant Wetland" is a wetland that does not meet the Division ' y - of State Lands definition of a Locally Significant Wetland and which, therefore, does not appear on the City of Tigard Wetlands and Riparian- Corridors Map. Non-significant wetlands are not regulated by this chapter, but do require DSL notification under ORS 227.350. • 18.85.030 Applicability and Generalized Mapping A. WR Overlay District Application. The WR overlay district applies to all significant water resources, and applicable riparian setback and water quality buffer areas, that appear on the Tigard Wetlands and Stream Corridors Map. The standards and procedures of this chapter: _ 1. apply to all development proposed on property located within, or partially within, the WR overlay district; 2. are in addition to the standards of the underlying zone; and 3. in cases of conflict, supersede the standards of the underlying zone. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 3 • B. The Tigard Wetlands & Stream Corridors Map identifies, generally, the tops- of-bank, wetland edges, riparian setbacks and water quality setbacks for the following significant water resources: 1. The Tualatin River riparian corridor; 2. Major stream riparian corridors; 3. Minor streams; and 4. Isolated wetlands. C. Standard Riparian Setbacks and USA Water Quality Buffers. The applicant shall be responsible for surveying and mapping the precise location of the top-of- bank, wetland edge, riparian setback and/or USA water quality buffer at the time of application submittal. Table 18.85(1) summaries standard riparian setbacks and water quality buffers that apply to significant water resources within the WR overlay zone. Table 18.85(1) Riparian Setbacks and Water Quality Buffers WR STANDARD USA STANDARD RIPARIAN WATER QUALITY SIGNIFICANT WATER RESOURCE TYPE SETBACK' BUFFER2 Tualatin River & associated wetlands 75 feet 25 feet Major streams & associated wetlands':`` ' -- •50 feet °:.> 25 feet :'< Developed subdivision lot exception 25 feet 25 feet (major streams & associated wetlands) Minor streams'& adjacent/isolated.wetlands Not applicable 25 feet • Measured in feet from the top-of-bank or the associated wetland edge, whichever is greater. 2 Measured in feet from the minor stream top-of-bank or the wetland edge, whichever is greater. D. Division of State Lands Notification Required. In addition to the restrictions and requirements of this Section, all proposed development activities within any wetland are subject to Oregon Division of State Lands (DSL) standards and approval. The applicant shall be responsible for notifying DSL whenever any portion of any significant wetland is proposed for development, in accordance with ORS 227.350. No application for development will be accepted as complete until documentation of such notification is provided. E. United Sewerage Agency Standards Applicable. All development activities proposed within 25 feet of any wetland or stream are subject to USA standards and approval. 18.85.040 Exception for Developed Single-Family Residential Subdivision Lots Tigard has many approved residential subdivisions, where the side or rear yards have been cleared of riparian vegetation, and developed or planted in lawns. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 4 • • A. Method of Identifying Developed Subdivision Lots. Developed subdivision lots were identified based on a comprehensive analysis of aerial photographs. B. 25-Foot Riparian Setback Applicable. The Tigard Wetlands & Stream Corridors Map shows a 25-foot riparian setback for developed subdivision lots, because: 1. Water resource values have already been substantially degraded, and maintenance of the 50-foot riparian setback would not serve the purposes of this chapter; and 2. Equal or better protection of the identified major stream resource is ensured by retaining a 25-foot riparian setback and reliance on USA's maximum water quality buffer. C. Type I Review Procedure. The location of structures on identified developed subdivision lots shall be approved under Type I procedure, provided that such - structures are located at least 25 feet from the top-of-bank or the associated wetland edge. 18.85.050 Permitted, Conditional and Prohibited Uses A. DSL Approval Required. Development proposed within water resource shall also be approved by DSL. B. USA Buffer Standards Applicable. Development proposed within 25 feet of any water resource shall also be approved by the City of Tigard Engineering Division, which administers USA standards. - C. City of Tigard Exemption. When performed under the direction of the City of Tigard Engineering Division, and in compliance with the provisions of the City of Tigard Standards and Specifications for Riparian Area Management, on file in the Engineering Division, the following shall be exempt from the provisions of this chapter: 1. Public emergencies, including emergency repairs to public facilities; 2. stream restoration and enhancement programs; • - - 3. non-native vegetation removal; • 4. planting of native plant species; and 5. routine maintenance or replacement of existing public facilities projects. • D. Permitted and Conditional Uses. Table 18.85.050(D) below summarizes permitted, conditional and prohibited uses within the WR district. A "Yes" indicates that the use is permitted in the case of Type I uses, is allowed under prescribed conditions in the case of Type II uses, or may be approved subject to discretionary criteria under Type III standards. A "No" indicates that the use is not permitted. A use that is not permitted may not be approved through the variance provisions of this chapter. Second Draft-City of Tigard Water Resources Overlay District IVPS-02/24/97 4:38 PM-Page 5 • • Table 18.85.050(D): Water Resources Overlay District Use List Regulated Activity & Procedure Type Riparian Minor Streams Mitigation Plan Setback Area Isolated Wetlands Required? 1. Type I Permitted Uses with Mitigation a) Determination of Water Resource and Yes Yes No Riparian Setback boundaries b) . Low impact, passive recreation facilities - and trails including, but not limited to, Yes No No viewing shelters, picnic tables, nature trails and interpretive signs c) Irrigation pumps Yes Yes No • d) Replacement of existing structures with new structures that do not disturb any Yes Yes No additional riparian surface area e) Removal of non-native vegetation and replacement with native plant species, • Yes Yes Yes - no closer than 10' from the top-of-bank or edge of wetland ' _ f) Removal of vegetation necessary for hazard prevention (dangerous trees) Yes Yes No g) Perimeter mowing of existing cultivated Yes Yes No lawns _ h) Canoe and non-motorized boat launches Yes files No less than 10' in width /w i) Repair and maintenance of existing Yes Yes- No facilities . 2:.Type II Permitted Uses::with Mitigation Riparian::::: ;:; Minor.Streams .1 M itigation Plan where no reasonable alternative exists Setback Area Isolated Wetlands Required? a) Dimensional standard adjustments to Yes Yes Yes reduce impacts on water resources - b) Reduction in Riparian Setback boundary Yes • A-I Yes c) Public facilities that appear on the City's Yes Yes Yes Public Facilities Plan d) Local streets and driveways serving residences and public facilities Yes Yes Yes e) Drainage facilities Yes No Yes f) Utility crossings Yes • Yes Yes g) Underground utilities Yes Yes h) In-stream and streambank enhancement, including vegetation removal and Yes Yes Yes replacement within 10 feet of the top-of- bank or edge of wetland - i) Bridges and boardwalks Yes Yes Yes 3. Type III.- Conditional Uses ... Riparian Minor Streams Mitigation Plan Setback Area Isolated Wetlands • Required? a) Hardship Variances, su • o variance Yes Yes Yes provisions of Chapte 18.120 /34 b) Water-related and watei7dependent uses Yes No Yes not listed above, subject to conditional use provisions of Chapter 18.130 Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 6 -• S 4. Prohibited Uses - unless specifically Riparian Minor Streams Mitigation Plan authorized above Setback Area Isolated Wetlands Required? a) Removal of native plant species No No Not applicable b) Placement of structures or impervious No No Not applicable surfaces c) Grading and placement of fill No No Not applicable d) Application of herbicides No No Not applicable _ e) Dumping of garbage or lawn debris or No No Not applicable other unauthorized materials f) Creation of a parcel that would be Not applicable wholly within the WR district or resulting No No in an unbuildable parcel, as determined by the director. 98.85.060 Application Requirements All development applications on lots within, or partially with, the WR overlay district shall submit the following information, in addition to other information requirements required by this code. A. Type I Uses. The applicant shall prepare a plan that demonstrates that the use will be constructed and located so as to minimize grading, and native vegetation removal, and the area necessary for the use. The director may require additional information where necessary to determine WR district boundaries or to mitigate identified impacts from a proposed development, including but not limited to: 1. a site survey as prescribed in Section 18.85.050.B; 2. one or more of the reports described in Section 18.85.050.C. B. Type II and Ill Uses: Site Specific Survey Required. If any Type II or III use or activity is proposed within a water resource, riparian setback or water quality buffer area, the applicant shall be responsible for preparing a survey of the entire site that precisely maps and delineates the following: 1.- The name, location and dimensions of significant minor streams (including adjacent wetlands), major streams or rivers (including associated wetlands), and the tops of their respective streambanks or wetland edges. - 2. Isolated wetlands. 3. The area enclosed by the riparian setback. 4. The area enclosed by the USA water quality buffer. 5. Steeply sloped areas where the slope of the land is 20% or greater. 6. Existing public rights-of-way, structures, roads and utilities. 7. Vegetation, including trees or tree clusters and understory. 8. Existing and proposed contours at 2-foot intervals. C. Site Specific Water Resource and Riparian Setback Determinations. The required survey of identified water resources and their respective riparian setbacks and water quality buffers, required by Section 18.85.060.B, shall serve as the basis for refining the Tigard Wetlands and Stream Corridors Map. Second Draft-City of Tigard Water Resources Overlay District IVPS-02/24/97 4:38 PM-Page 7 • • 1. The determination of the location of water resources, riparian setbacks and water quality buffers shall be made under Type I procedure. 2. If excavation, vegetation removal or development is proposed completely outside of a water resource, riparian setback or water quality buffer, no further WR overlay zone requirements apply. 3. Permitted and conditional uses within surveyed riparian setback-areas are limited to those described in Section 18.85.050 and subject to the development standards of this chapter. _ D. Type II and Ill Uses: Required Studies and Mitigation Reports. Each of the following studies shall be required whenever any Type II or III use is proposed within the WR overlay district. Each required report must consider the City of Tigard Local Wetlands Inventory (Fishman Environmental Services, 1994), shall be in addition to the submission of information required for specific types of development, and shall be prepared by professionals in their respective fields. The Planning Director may exempt permit applications from one or more of these studies, based on specific findings as to why the study is unnecessary to determine compliance with this chapter. This determination must be made, in writing, at or immediately following the required pre-application conference and prior to application submittal. 1. Hydrology and Soils Report. This report shall include information on the hydrological activities of the site, the effect of hydrologic conditions on the proposed development, and any hydrological or erosion hazards. This report shall also include soils characteristics of the site, their suitability for development, and erosion or slumping characteristics that might present a hazard to life and property, or adversely affect the use or stability of a public facility or utility. Finally, this report shall include information on the nature, distribution and strength of existing soils, the adequacy of the site for development purposes, and an assessment of grading procedures required to impose the minimum disturbance to the natural state. The report shall include recommendations to assure compliance with each applicable provision of this code, and shall be prepared by a professional engineer registered in Oregon. 2. Grading Plan. The grading plan shall be specific to a proposed physical structure or use and shall include information on terrain (two-foot intervals of property), drainage, direction of drainage flow, location of proposed structures and existing structures which may be affected by the proposed grading operations, water quality facilities, finished contours or elevations, including all cut and fill slopes and proposed drainage channels. Project designs including but not limited to locations of surface and subsurface devices, walls, dams, sediment basins, storage reservoirs, and other protective devices shall form part of the submission. The grading plan shall also include a construction phased erosion control plan consistent with the provisions of this code and a schedule of operations and shall be prepared by a professional engineer registered in Oregon. 3. Vegetation Report. This report shall consist of a survey of existing vegetative cover, whether it is native or introduced, and how it will be altered by the proposed development. The report shall specifically identify disturbed areas (i.e., areas devoid of vegetation or areas that are dominated by non-native or invasive species) and the percentage of crown cover. Where a reduction in the riparian setback is proposed, measures for re-vegetation and enhancement with Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 8 • • native plant species will be clearly stated. The vegetation report shall include recommendations to assure compliance with each applicable provision of this code, and shall be prepared by a landscape architect, landscape designer, botanist or arborist with specific knowledge of native plant species, planting and maintenance methods, survival rates, and their ability to enhance fish and wildlife habitat and to control erosion and sedimentation. 4. Strearnbank Conditions Report. This report is only necessary if a reduction in the riparian setback area is proposed. The streambank conditions report shall consist of a survey of existing streambank conditions, including types of vegetative cover, the extent to which the streambank has been eroded, and • the extent to which mitigation measures would be successful in restoring the stream to its pre-disturbance condition. Measures for improving fish and wildlife habitat and improving water quality will be clearly stated, as well as methods for immediate and long-term streambank stabilization. The streambank conditions report shall include recommendations to assure compliance with each applicable provision of this code, and shall be prepared by a wildlife biologist in concert with a hydrological engineer registered in Oregon. The report shall specify long-term maintenance measures necessary to carry out the proposed mitigation plan. 18.85.070 Decision Options and Conditions A. Decision Options. The Approval Authority may approve, approve with conditions, or deny an application based on the provisions of this chapter. The Approval Authority may require conditions necessary to comply with the intent and - provisions of this chapter. • B. Conditions. The required reports shall includ -dss'an standards and recommendations necessary for the engineer and landscape eXpert-t4 expert-t4 certify that the standards of this section can be met with appropriate mitigation measures. These measures, along with staff recommendations, shall be incorporated as conditions into the final decision approving the proposed development. - C. Assurances and Penalties. Assurances and penalties for failure to comply with mitigation, engineering, erosion and water quality plans required under this section shall be as stated in Chapter 18.24. 18.85.080 Development Standards The following shall apply to all development, including native vegetation removal and - excavation, within the WR overlay district. No application for a use identified in Section 18.85.050 shall be deemed complete until the applicant has addressed each of these standards:in writing. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 9 • • • A. Alternatives Considered. Except for stream corridor enhancement, most Type II and Ill uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and Ill development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. B. Minimize Siting Impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. 1. For Type 11 and Ill uses, the water quality engineer must certify that water quality in the affected water resource will not be diminished as a result of the development proposal. 2. For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as practicable. C. Construction Materials and Methods. No construction materials or methods may be used within the riparian setback area that would unnecessarily damage water quality or native vegetation. - c D. Minimize Flood Damage. Above-ground residential structures shall not be permitted within the WR overlay district, where such land is also within the 100-year i�� `. , floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain shall be designed to minimize flood damage, consistent with Chapter 18.84. E. Avoid Steep Slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25 percent or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. F. Minimize Impacts on Existing Vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. 1. Temporary measures used for initial erosion control shall not be left in place permanently. 2. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation. 3. Trees shall not be used as anchors for stabilizing working equipment. 4. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area. 5. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place. 6. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 10 . . • • G. Vegetation Mitigation Plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.85.090, a mitigation plan shall be prepared and implemented. 1. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis. 2. Where approval is granted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non- native vegetation with the remaining, protected riparian setback area on a 1.5:1 basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area • within the riparian setback or wetland shall be re-planted with native plant species. 3. The re-vegetation plan shall provide for the replanting and maintenance of • native plant species designed to achieve pre-disturbance conditions. The _ applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. - H. Water and Sewer Infiltration and Discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid-discharges from such facilities to streams and wetlands. I. On-Site Systems. On-site septic systems and private wells shall be prohibited within the WR overlay district; J. Erosion Control Plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: 1. Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion. 2. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only. 3. Construction activity will take place during the dry season (June- October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction. 4. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded. 5. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 11 • • 6. A stabilized pad of gravel shall be constructed at all entrances and exits to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site. 7. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation. 8. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways. 9. Any other relevant provision of the Washington County Erosion Control Plans Technical Guidance Handbook, required by the Planning Director. K. Plan Implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control or Re- vegetation Plan shall be implemented and maintained as follows: 1. Erosion control measures shall be installed prior to any stripping or excavation work. 2. The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During - active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly. 3. Eroded sediment shall be removed immediately from pavement surfaces, off-site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts. 4. Water containing sediment shall not be flushed into the surface water management system, wetlands or streams without first passing through an approved sediment filtering facility or device. 5. In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. L. Type III Conditional Uses. The procedural and substantive provisions of Chapter 18.130, Conditional Uses, in addition to Section 18.85.080(L)(1-2) below and 18.85.080(A-K) above, shall apply to determine whether a Type Ill use listed below may be approved. The applicant for conditional use approval shall: 1. Demonstrate that there will not be any net loss in the values of the resource area; and 2. Submit a detailed mitigation plan to show that any loss of riparian values will be fully compensated through the enhancement program. - • Second Draft-City of Tigard Water Resources Overlay District WPS-0224197 4:38 PM-Page 12 • • • 18.85.090 Riparian Setback Reductions The Director may approve a site-specific reduction of the Tualatin River or any major stream riparian setback by as much as 50 percent to allow the placement of structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better protection for identified major stream resources is ensured through streambank restoration and/or enhancement of riparian vegetation in preserved portions of the riparian setback area. - A. Eligibility for Riparian Setback in Disturbed Areas. To be eligible for a riparian setback reduction, the applicant must demonstrate that the riparian corridor was substantially disturbed at the time this regulation was adopted. This determination must be based on the Vegetation Study required by Section 18.85.050.0 that demonstrates all of the following: 1. Native plant species currently cover less than 80 percent of the on-site riparian corridor area; 2. The tree canopy currently covers less than 50 percent of the on-site riparian corridor and healthy trees have not been removed from the on- site riparian setback area for the last five years; 3. That vegetation was not removed contrary to the provisions of Section 18.85.050 regulating removal of native plant species; 4. The riparian area is not entirely within the 100-year floodplain; and 5. The average slope of the riparian area is not greater than 20 percent. C. Determination of Extent of Riparian Setback Reduction. Provided that the standards of 18.85.080.B are met, as much as 50 percent of riparian area may be developed, based on a vegetation enhancement and streambank mitigation plan, and subject to the following standards: - 1. The minimum remaining riparian setback for the Tualatin River shall not be less than 37.5 feet, and the minimum remaining major stream riparian setback shall not be less than 25 feet. 2. Based on the recommendations of the required vegetation report, up to a 33 percent reduction in the riparian setback area may be approved, provided that the applicant enhances disturbed portions of the remaining riparian setback area on a 1:5 basis. The vegetation report identifies disturbed areas (non-vegetated areas and areas that are overgrown with non-native or invasive plant species such as English ivy or Himalayan blackberry) and areas dominated by native plant species. Thus, for every 100 square feet of riparian setback area that is developed, at least 150 square feet of the disturbed portion of the remaining riparian setback area must be re-planted with native plant species. In this manner, up to a one-- third riparian setback reduction may be approved. 3. As much as a 17 percent reduction of the riparian setback area may be approved, based on an approved streambank mitigation plan prepared by a biologist and a hydrological engineer. The plan must certify that the streambank mitigation measures will substantially improve fish and wildlife habitat and water quality. Second Draft-City of Tigard Water Resources Overlay District WPS-02R4/97 4:38 PM-Page 13 • • • 18.85.100 Adjustments to Underlying Zone Setback Standards In contrast to variances to the standards of the WR overlay district, adjustments to dimensional standards of the underlying zoning district may be approved by the Planning Director when necessary to further the intent of this overlay district. A. Adjustment Option. The Planning Director may approve up to a 50 percent adjustment to any dimensional standard (e.g., setback, height or lot area) of the underlying zoning district to allow development consistent with the purposes of the WR overlay district. The purpose of the adjustment process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for slope or flood hazards. B. Adjustment Criteria. A special WR overlay district adjustment may be requested under Type II procedure when development is proposed within or adjacent to the WR overlay district. In order for the director to approve a dimensional adjustment to standards in the underlying zoning district, the applicant shall demonstrate that the following criteria are fully satisfied: 1. The adjustment is the minimum necessary to allow a permitted use, while at the same time minimizing disturbance to a water resource, riparian setback area or water quality buffer. 2. Explicit consideration has been given to maximizing vegetative cover, minimizing excavation and minimizing impervious surface area on unbuildable land. 3. Design options have been considered to reduce the impacts of development, • including but not limited to multi-story construction, siting of the residence close to the street to reduce driveway distance, maximizing the use of native . landscaping materials, minimizing parking area and garage space. _ .. 4. In no case shall the impervious surface area of a single-family residence (including the building footprint, driveway and parking areas, accessory ;L t- structures, swimming pools and patios) exceed 3,000 square feet of water resource, riparian setback or water quality buffer area. 5. Assurances are in place to guarantee that future development will not encroach further on land under the same ownership within the WR overlay district. The Planning Director may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. 18.85.110 Density Transfer Density may be transferred from water resource and riparian setback areas as .//. provided in Section 18.92. 020-030. �- 'G J Second Draft-City of Tigard Water Resources Overlay District ryPS-02/24/97 4:38 PM-Page 14 • • 18.85.120 Variances to Chapter 18.85 Standards Variances to the use provisions of.Section 18.85.050 are not permitted. Variances from measurable (dimensional) provisions of this chapter shall be discouraged and may be considered only as a last resort. A. Type Ill Variance Option. The Hearings Officer shall hear and decide variances _ from dimensional provisions of this chapter under Type III procedure, in accordance with the criteria in Chapter 18.134 of the zoning ordinance. B. Additional Criteria. In addition to the general variance criteria described in Chapter 18.134, all of the following additional criteria must be met to grant a variance to any dimensional provision of this chapter: 1. The variance is necessary to allow reasonable economic use of the subject parcel of land, which is owned by the applicant, and which was not created al LCI the effective date of this chapter. `J 2. Strict application of the provisions of this chapter would otherwise result in the_ Class of a buildable site"or a use that is permitted outright in the underlying zoning district, and foi which the applicant has submitted a formal application. 3. The applicant has exhausted all options available under this chapter to relieve the hardship. 4. Based on review of all required studies described in Section 18.85.060, the variance is the minimum necessary to afford relief, considering the potential for increased flood and erosion hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water quality. 5. Based on review of all required studies described in Section 18.85.060, no significant adverse impacts on water quality, erosion or slope stability will result from approval of this hardship variance, II[these impacts have been • mitigated to the greatest extent possible. 6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on-site, on a 1-to-1 basis, by native vegetation. 18.85.130 Plan Amendment Option • Any owner of property affected by the WR district may apply for a quasi-judicial comprehensive plan amendment under Type IV procedure. This amendment must be based on a specific development proposal. The effect of the amendment would be to remove WR overlay district from the property. The applicant shall demonstrate that such an amendment is justified by either of the following: A. ESEE Analysis. The applicant may prepare an Environmental, Social, Economic and Energy (ESEE) consequences analysis prepared in accordance with OAR 660-23-040. 1. The analysis shall consider the ESEE consequences of allowing the proposed conflicting use fully, consider both impacts on the specific Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 15 i O resource site in comparison with other comparable sites within the Tigard Planning Area. 2. The ESEE analysis must demonstrate to the satisfaction of the Tigard City Council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource. 3. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land, consistent with the provisions of this chapter, and that there are no other sites within the Tigard Planning area that can meet the specific needs of the proposed use. 4. The ESEE analysis shall be prepared by a team consisting of a wildlife biologist or wetlands ecologist and a land use planner or land use attorney all of whom are qualified in their respective fields and experienced in the preparation of Goal 5 ESEE analysis. 5. If the application is approved, then the ESEE analysis shall be - incorporated by reference into the Tigard Comprehensive Plan, and the Tigard Wetland and Stream Corridor Map shall be amended to remove the site from the inventory. B. Determination of 'Insignificance.' In this case, the applicant must demonstrate that the water resource site(s) no longer meet(s) the applicable significance threshold defined by the Goal 5 administrative rule, relative to other comparable resources within the Tigard Planning Area. 1. Significance thresholds are described and applied in the addendum to the City of Tigard Local Wetlands Inventory adopted by reference as part of this chapter. • 2. In considering this claim, the Council shall determine that the decline in identified resource values did not result from a violation of this chapter or any other provision of the Tigard Community Development Code. Second Draft-City of Tigard Water Resources Overlay District fi'PS-02/24/97 4:38 PM-Page 16 !�-1 60 L ) +en( CITY OF TIGARD, OREGON 11. iff-e-AILE-12----- , a 5°6\id V Dis ' . ORDINANCE NO. 97-0 c o AN ORDINANCE TO AMEND THE COMMUNITY DEVELOPMENT CODE BY ADOPTING A NEW SECTION (18.85.00) TO RESOLVE CONFLICTS BETWEEN DEVELOPMENT AND CONSERVATION OF SIGNIFICANT WETLANDS, STREAMS,AND RIPARIAN CORRIDORS. WHEREAS, the City of Tigard finds it necessary to revise the Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the Statewide Planning Goal 5 requires local jurisdictions to develop programs to protect riparian and wetland resources; and WHEREAS,the"safe harbor"provisions of the Goal 5 administrative rule(OAR 660, Division 23) include criteria that define a course of action for meeting the requirements of Goal 5; and WHEREAS, the City of Tigard Planning Commission reviewed proposals for adding the above Code Section at a public hearing on May 19, 1997; and WHEREAS, the City of Tigard Planning Commission voted to recommend the revised Code section as shown in Exhibit"A"; and WHEREAS, the City Council held a public hearing on July 22, 1997, to consider the proposed amendments. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The relevant criteria in this case are Statewide Planning Goals 1, 2, and 5; City of Tigard Comprehensive Plan Policies 3.1.1; 3.2.4; 3.4.1.a; 3.4.2a; and 3.4.2d; and Community Development Code Section 18.30. The proposal is consistent with the applicable Statewide Planning Goals based on the following findings: 1. Goal 1, Citizen Involvement, is met because the City has followed its adopted citizen involvement program which involved review by its Citizen Involvement Team structure and public hearings as listed below. The City's Citizen Involvement Policies in the Comprehensive Plan have been acknowledged to be in compliance with Goal 1. Notice for all hearings was provided in the Tigard Times which summarized and outlined the amendments being made to existing code provisions and was done so for each public hearing. Copies of the ordinance drafts have been available at least seven days prior to the hearings, which follows Community Development Code Procedure. ORDINANCE No. 97- 019 - Page 1 r • • 2. Goal 2, Land Use Planning, is met because the City applied all relevant Statewide Planning Goals, City Comprehensive Plan Policies and Community Development Code requirements in review of this proposal. 3. Goal 5, Open Spaces, Scenic and Historic Areas, and Natural Resources is met because the provisions of the overlay district are consistent with the "safe harbor" guidelines for riparian corridors and significant wetlands set forth in the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. The proposed measures implement the provisions of the Goal 5 "safe harbor" program for resolving conflicts between development and protection of these resources. This program calls for the protection of fish bearing streams and significant wetlands and the establishment of mandatory setbacks. The proposal is consistent with the City's acknowledged Comprehensive Plan based on the following findings: 1. Policies 1.1.1.a. and c. are satisfied because the proposed code changes are consistent with Statewide Planning Goals as indicated above and the changes help to keep the development code current with local needs and recent administrative rule changes. 2. Policies 2.1.1 and 2.1.3 are satisfied because the proposal has been reviewed at public hearings and through the City's Public Involvement process. 3. Policy 3.1.1 is satisfied because this policy calls for development control of wetlands and these provisions provide a tool consistent with recent administrative rules to protect these resources. 4. Policy 3.2.4 is satisfied because the overlay prohibits development within areas designated as significant wetlands and establishes 50 to 75 feet setbacks from the edges of designated wetland areas. 5. Policy 3.4.1.a is satisfied because the proposal designates significant wetlands according to the criteria and-Procedures for the identification of significant wetlands established in the "Final Approved Administrative Rules for Identifying Significant Wetlands" adopted by the Division of State Lands. 6. Policy 3.4.2.a, which calls for the protection of fish and wildlife habitat along stream corridors, is satisfied because the proposal establishes mandatory setbacks from the top of banks and the edges of wetlands associated with stream corridors and by requiring that the areas within these setbacks remain undisturbed or enhanced with native vegetation. ORDINANCE No. 97{ r Page 2 7. Policy Aid is satisfied because the proposal a y p p citses Goal 5 rule requirements pertaining to the preservation of wetlands, includes a determination of which are ecologically and scientifically significant, and includes citizen participation. 8. Community Development Code Section 18.30, which establishes procedures for legislative code changes, is satisfied according to the above findings. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By • ' on vote of all ouncil members present after being read by number and title only, this r)—day of , 1997. AAA/U. (k.) -ea. -e.J29.a atherine Wheatley,City Recorder —y01 d APPROVED: By Tigard City Council this o - day of J, _l/ 19' ter/ Nicoli, Mayor Ap•roved as to form: - a► - Attorney Date i:'citywidebrdinancsf ORDINANCE No. 97-LAP - Page 3 - .t, • e 18.85.00 WATER RESOURCES (WR) OVERLAY DISTRICT 18.85.010 Purpose 1 18.85.020 Definitions - 2 18.85.030 Applicability and Generalized Mapping 3 Table 18.85(1)Riparian Setbacks and Water Quality Buffers 4 18.85.040 Exception for Developed Single-Family Residential Subdivision Lots 4 18.85.050 Permitted,Conditional and Prohibited Uses 5 Table 18.85.050(D):Water Resources Overlay District Use List 6 18.85.060 Application Requirements 7 18.85.070 Decision Options and Conditions 9 18.85.080 Development Standards 9 18.85.090 Abutting Lot Area Reduction 13 18.85.100 Riparian Setback Reductions 13 18.85.110 Adjustments to Underlying Zone Setback Standards 14 18.85.120 Density Transfer 14 18.85.130 Variances to Chapter 18.85 Standards 15 18.85.140 Plan Amendment Option 15 18.85.010 Purpose A. General. The Water Resources (WR) overlay district implements the policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between development and conservation of significant wetlands, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear and objective standards to: protect significant wetlands and streams; limit development in designated riparian corridors; maintain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. B. Safe Harbor. The WR overlay district also meets the requirements of Statewide Planning Goal 5 (Natural Resources) and the "safe harbor" provisions of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that"significant" wetlands and riparian corridors be mapped and protected. Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97-Page 1 • 18.85.020 Definitions The definitions of OAR 660-23-090(1) are incorporated herein by reference. A. The "riparian corridor" includes a river or a major stream, associated wetlands, and the "riparian setback" area. B. The "riparian setback area" is measured horizontally from and parallel to major stream or Tualatin River top-of-banks, or the edge of an associated wetland (see definition under K.2.), whichever is greater. The riparian setback is the same as the "riparian corridor boundary" in OAR 660-23-090(1)(d). 1. The standard Tualatin River riparian setback is 75 feet, unless modified in accordance with this chapter. 2. The major streams riparian setback is 50 feet, unless modified in accordance with this chapter. 3. Isolated wetlands and minor streams (including adjacent wetlands) have no • riparian setback; however, a 25-foot`water quality buffer" is required under Unified Sewerage Agency (USA) standards adopted and administered by the City of Tigard. C. "Disturbed areas" are identified portions of the riparian setback area that are devoid of vegetation or which are overgrown with non-native or invasive plant species, such as English ivy or Himalayan blackberry. In contrast, identified portions of the riparian setback area that are dominated by native plant species are not disturbed. D. "Mitigation plan" means a detailed plan to compensate for identified adverse impacts on water resources, riparian setback areas or water quality buffers that result from alteration, development, excavation or vegetation removal within the WR overlay district. A mitigation plan must be prepared by recognized experts in fish and wildlife biology, native plants, and hydrological engineering, and (usually) re-planting with native plant species. E. - The Tualatin River is mapped as a fish bearing stream by the Oregon Department of Forestry and has an average annual flow of more than 1000 cfs. F. "Major streams" are mapped as "fish-bearing streams" by the Oregon Department of Forestry and have an average annual flow less than 1000 cubic feet per second (cfs). 1. Major streams in Tigard include Fanno Creek, Ash Creek (except the north fork and other tributary creeks) and Ball Creek. 2. In contrast, the Tualatin River, which is also a"fish-bearing stream," has an average annual flow of more than 1000 cfs. G. "Minor streams" are not"fish-bearing streams"according to Oregon Department of Forestry maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain short tributaries of the Tualatin River. Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97-Page 2 • • H. "Native plant species" are those listed on the Portland Plant List, which is incorporated by reference into this chapter. I. "Top-of-bank" usually means a clearly recognizable sharp break in the stream bank. It has the same meaning as "bankfull stage"as defined in OAR 141-85-010(2): It is the stage or elevation at which water overflows the natural banks of streams and begins to inundate the upland. In the absence of physical evidence,the two-year recurrence interval flood elevation may be used to approximate the bankfull stage. J. The "Tigard Wetlands and Riparian Corridors Map" identifies all "significant" water resources within the Tigard Planning Area, including the Tualatin River corridor, all major stream corridors, minor streams and isolated wetlands. This generalized, composite map is based on the City of Tigard Local Wetlands Inventory (LWI) prepared by Fishman Environmental Services, 1994, hereby adopted by reference. All water resources identified as significant on the Tigard Wetlands and Riparian Corridors Map meet the Division of State Lands (DSL) definition of a"Locally Significant Wetland." K. A "Wetland" is an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 1. A "Significant Wetland" is a wetland, or a significant but non-fish-bearing stream, which appears on the City of Tigard Wetlands and Riparian Corridors Map. 2. An "Associated Wetland" is a significant wetland, all or part of which is (a) within 75 feet of the Tualatin River top-of-bank, or(b)within 50 feet of any major stream top-of-bank. 3. An "Isolated Wetland" is a significant wetland, all of which is located outside of the riparian setback. 4. A "Non-Significant Wetland" is a wetland that does not meet the Division of State Lands definition of a Locally Significant Wetland and which, therefore, does not appear on the City of Tigard Wetlands and Riparian Corridors Map. Non-significant wetlands are not regulated by this chapter,but do require DSL.notification under ORS 227.350. 18.85.030 Applicability and Generalized Mapping A. WR Overlay District Application. The WR overlay district applies to all significant wetlands and streams, and applicable riparian setback and water quality buffer areas, that appear on the Tigard Wetlands and Stream Corridors Map. The standards and procedures of this chapter: 1. apply to all development proposed on property located within, or partially within, the WR overlay district; 2. are in addition to the standards of the underlying zone; and 3. in cases of conflict, supersede the standards of the underlying zone. Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97-Page 3 • • • B. The Tigard Wetlands & Stream Corridors Map identifies, generally, the tops- of-bank, wetland edges, riparian setbacks and water quality buffers for the following significant water resources: 1. The Tualatin River riparian corridor 2. Major stream riparian corridors; - 3. Minor streams; and 4. Isolated wetlands. C. Standard Riparian Setbacks and USA Water Quality Buffers. The applicant shall be responsible for surveying and mapping the precise location of the top-of-bank, wetland edge, riparian setback and/or USA water quality buffer at the time of application submittal. 1. The required water quality buffer and riparian setback area shall be retained in one or more parcels that is separate from abutting buildable lots. 2. Table 18.85(1) summaries standard riparian setbacks and water quality buffers that apply to significant water resources within the WR overlay zone. 3. Adjustments to these boundaries may be approved pursuant to Sections 18.85.140, 18.85.100, 18.85.130 and/or 18.85.140. Table 18.85(1) Riparian Setbacks and Water Quality Buffers WR STANDARD USA STANDARD RIPARIAN WATER QUALITY SIGNIFICANT WATER RESOURCE TYPE SETBACK' BUFFER Tualatin River & associated wetlands 75 feet 25 feet iMs earls&' `rdaaeetldn wSofe%t 'i . Z riVreenNE Developed subdivision lot exception 25 feet 25 feet (major streams & associated wetlands) Mines aefaa a t ti_ o aediV ad NoTaM cab( 1. 5'.4i.-4:11t0; ' Measured in feet from the top-of-bank or the associated wetland edge,whichever is greater. :Measured in feet from the stream top-of-bank or the wetland edge,whichever is greater. D. Division of State Lands Notification Required. In addition to the restrictions and requirements of this Section, all proposed development activities within any wetland are also subject to Oregon Division of State Lands (DSL)standards and approval. Where there is a difference, the more restrictive regulation shall apply. The applicant shall be responsible for notifying DSL whenever any portion of any wetland is proposed for development, in accordance with ORS 227.350. No application for development will be accepted as complete until documentation of such notification is provided. E. Unified Sewerage Agency Standards Applicable. All development activities proposed within 25 feet of any wetland or stream are subject to USA standards and approval. 18.85.040 Exception for Developed Single-Family Residential Subdivision Lots Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97-Page 4 • • • Tigard has many approved residential subdivisions, where the side or rear yards have been cleared of riparian vegetation, and developed or planted in lawns. A. Method of Identifying Developed Subdivision Lots. Developed subdivision lots were identified based on a comprehensive analysis of aerial photographs. B. 25-Foot Riparian Setback Applicable. The Tigard Wetlands& Stream Corridors Map shows a 25-foot riparian setback for developed subdivision lots, because: 1. Water resource values have already been substantially degraded, and maintenance of the 50-foot riparian setback would not serve the purposes of this chapter; and 2. Equal protection of the identified major stream resource is ensured by retaining a 25-foot riparian setback and reliance on the USA maximum water quality buffer. C. Type I Review Procedure. The location of structures on identified developed subdivision lots shall be approved under Type I procedure, provided that such structures are located at least 25 feet from the top-of-bank or the associated wetland edge. 18.85.050 Permitted, Conditional and Prohibited Uses A. - DSL Approval Required. Development proposed within any wetland or stream, in addition to meeting the standards of this chapter, shall also be approved by DSL. B. USA Buffer Standards Applicable. Development proposed within 25 feet of any wetland or stream shall also be approved by the City, which administers USA standards. Compliance with USA/City standards is necessary but not sufficient for compliance with this chapter. C. City of Tigard Exemption. When performed under the direction of the City, and in compliance with the provisions of the City of Tigard Standards and Specifications for Riparian Area Management, on file in the Engineering Division, the following shall be exempt from the provisions of this chapter: 1. public emergencies, including emergency repairs to public facilities; 2. stream and wetlands restoration and enhancement programs; 3. non-native vegetation removal; 4. planting of native plant species; and 5. routine maintenance or replacement of existing public facilities projects. D. Permitted and Conditional Uses. Table 18.85.050(D) below summarizes • permitted, conditional and prohibited uses within the WR district. A "Yes" indicates that the use is permitted in the case of Type I uses, is allowed under prescribed conditions in the case of Type II uses, or may be approved subject to discretionary criteria under Type Ill standards (for descriptions of Type I, II and Ill see 18.85.060). A"No" indicates that the use is not permitted. A use that is not permitted may not be approved through the variance provisions of this chapter. Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97-Page 5 • • , Table 18.85.050(D): Water Resources Overlay District Use List Re•ulated Activi & Procedure T • - , Vci f i'Z, " .t li `i,.:�`mti Z �� ��` ' l C�i ' ►Z"}aitt .i... 1,, • •.t) •a, yi `J.� -1~ .. ......�......_.....`.( '._. ,L �� I r"%{,- • aJ -.�. :, '-- ' -' `.. 1 c � a) Determination of Water Resource and Yes Yes No Ri•arian Setback boundaries b) Low impact, passive, or water related recreation facilities and trails including, but Yes No No not limited to, viewing shelters, picnic tables, nature trails and inte •retive Si•ns c Irri•ation •um•s Yes Yes No d) Replacement of existing structures with new structures that do not disturb any Yes Yes No additional ri•arian surface area e) Removal of non-native vegetation and replacement with native plant species, no Yes Yes Yes closer than 10'from the top-of-bank or ed•e of wetland f) Removal of vegetation necessary for hazard •revention dan•erous trees Yes Yes No g) Perimeter mowing of existing cultivated Yes Yes No lawns h) Canoe and non-motorized boat launches Yes No No less than 10' in width i) Repair and maintenance of existing Yes Yes No facilities A 2: :+ 't aunt= • � ;�t « ' - raft: , a 't M _ i Mitigatio g , - Requ r e ? WS: ,7 a) Adjustments to numeric standards of the Yes Yes Yes underlying zone necessary to reduce im•acts on wetlands and streams • R-•1 t • i R • jr•Fiala Yes Not a••licable Yes c) Public facilities that appear on the City's Yes Yes Yes Public Facilities Plan d) Local streets and driveways serving residences and •ublic facilities Yes Yes Yes e Under.round • • ' draina•e facilities Yes Ne-Yes Yes Utili crossin•s Yes Yes Yes • Under•round utilities Yes Yes h) In-stream and streambank enhancement, including vegetation removal and Yes Yes Yes replacement within 10 feet of the top-of- bank or ed•e of wetland i Brid•es and boardwalks Yes Yes Yes y d:nei�/.' 'Y 4'm'-.ate.. +zWir�� 4ta ... "tea.-:w• :31%-Type l Conditions ,Uses ' 7 :c Riparian`" '' ` `M1 0;Streams1; Mitigation Plan Set rea, Isolated; __ }H'i`s equ ?r Hands' s 87 z5 a) Hardship Variances, subject to variance Yes Yes Yes •rovisions of Cha•ter 18.120 Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97-Page 6 • • b) Water-related and water-dependent uses Yes No Yes not listed above, subject to conditional use •rovisions of Cha•ter 18.130 1-07fF 9 : �l•' 34 t I "Vi"rit .yt 1r. • 4 ! Xj x 3 - _ 1 z ^ L` . a Removal of native •lant s•ecies No No Not a••licable b) Placement of structures or impervious No No Not applicable surfaces c Gradin• and •lacement of fill No No Not a••licable d A•.lication of herbicides No No. Not a••licable e) Dumping of garbage or lawn debris or other No No Not applicable unauthorized materials f) Creation of a parcel that would be wholly Not applicable within the WR district or resulting in an No No unbuildable parcel, as determined by the director. 18.85.060 Application Requirements All development applications on lots within, or partially within, the WR overlay district - shall submit the following information, in addition to other information required by this code. A. Type I Uses. The applicant shall prepare a plan that demonstrates that the use will be constructed and located so as to minimize grading, native vegetation removal, and the area necessary for the use. The director may require additional information • where necessary to determine WR district boundaries or to mitigate identified impacts from a proposed development, including but not limited to: 1. a site survey as prescribed in Section 18.85.060.B; 2. one or more of the reports described in Section 18.85.060.D. B. Type II and III Uses: Site Specific Survey Required. If any Type II or III use or activity is proposed within a water resource, riparian setback or water quality buffer area, the applicant shall be responsible for preparing a survey of the entire site that precisely maps and delineates the following: 1. The name, location and dimensions of significant minor streams (including adjacent wetlands), major streams or rivers (including associated wetlands), and the tops of their respective streambanks or wetland edges. 2. Isolated wetlands. 3. The area enclosed by the riparian setback. 4. The area enclosed by the USA water quality buffer. 5. Steeply sloped areas where the slope of the land is 20% or greater. 6. Existing public rights-of-way, structures, roads and utilities. 7. Vegetation, including trees or tree clusters and understory. 8. Existing and proposed contours at 2-foot intervals. Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97-Page 7 • • C. Site Specific Water Resource and Riparian Setback Determinations. The required survey of identified water resources and their respective riparian setbacks and water quality buffers, required by Section 18.85.060.B, shall serve as the basis for refining the Tigard Wetlands and Stream Corridors Map. 1. The determination of the location of water resources, riparian setbacks and water quality buffers shall be made under Type I procedure. 2. If excavation, vegetation removal or development is proposed completely outside of a water resource, riparian setback or water quality buffer, no further WR overlay zone requirements apply. 3. Permitted and conditional uses within surveyed riparian setback areas are limited to those described in Section 18.85.050 and subject to the development standards of this chapter. D. Type II and III Uses: Required Studies and Mitigation Reports. Each of the following studies shall be required whenever any Type II or III use is proposed within the WR overlay district. Each required report must consider the City of Tigard Local Wetlands Inventory'(Fishman Environmental Services, 1994), shall be in addition to the submission of information required for specific types of development, and shall be prepared by professionals in their respective fields. The Planning Director may exempt permit applications from one or more of these studies, based on specific findings as to why the study is unnecessary to determine compliance with this chapter. This determination must be made, in writing, at or immediately following the required pre-application conference and prior to application submittal. 1. Hydrology and Soils Report. This report shall include information on the hydrological activities of the site, the effect of hydrologic conditions on the proposed development, and any hydrological or erosion hazards. This report shall also include soils characteristics of the site, their suitability for development, and erosion or slumping characteristics that might present a hazard to life and property, or adversely affect the use or stability of a public facility or utility. Finally, this report shall include information on the nature, distribution and strength of existing soils, the adequacy of the site for development purposes,and an assessment of grading procedures required to impose the minimum disturbance to the natural state. The report shall include recommendations to assure compliance with each applicable provision of this code as well as all applicable provisions of City building ordinances, and shall be prepared by a professional engineer registered in Oregon. 2. Grading Plan. The grading plan shall be specific to a proposed physical structure or use and shall include information on terrain (two-foot intervals of property), drainage, direction of drainage flow, location of proposed structures and existing structures which may be affected by the proposed grading operations, water quality facilities, finished contours or elevations, including all cut and fill slopes and proposed drainage channels. Project designs including but not limited to locations of surface and subsurface devices, walls, dams, sediment basins, storage reservoirs, and other protective devices shall form part of the submission. The grading plan shall also include a construction phased erosion control plan consistent with the provisions of this code and a schedule of operations and shall be prepared by a professional engineer registered in Oregon. 3. Vegetation Report. This report shall consist of a survey of existing vegetative cover, whether it is native or introduced, and how it will be altered by the proposed Final Draft-City of Tigard Water Resources Overlay District • WPS-7/23/97-Page 8 • • development. The report shall specifically identify disturbed areas (i.e., areas devoid of vegetation or areas that are dominated by non-native or invasive species) and the percentage of crown cover. Where a reduction in the riparian setback is proposed, measures for re-vegetation and enhancement with native plant species will be clearly stated. The vegetation report shall include recommendations to assure compliance with each applicable provision of this code, and shall be prepared by a landscape architect, landscape designer, botanist,arborist, or other qualified individual with specific knowledge of native plant species, planting and maintenance methods, survival rates, and their ability to enhance fish and wildlife habitat and to control erosion and sedimentation. 4. Streambank Conditions Report. This report is only necessary if a reduction in the riparian setback area is proposed. The streambank conditions report shall consist of a survey of existing streambank conditions, including types of vegetative cover, the extent to which the streambank has been eroded, and the extent to which mitigation measures would be successful in maximizing fish and wildlife habitat values while serving the stream's urban hydrological function. Measures for improving fish and wildlife habitat and improving water quality will be clearly stated, as well as methods for immediate and long-term streambank stabilization. The - streambank conditions report shall include recommendations to assure compliance with each applicable provision of this code, and shall be prepared by a biologist, or , other qualified individual in concert with an engineer registered in Oregon, both of whom must have experience in stream bank restoration. The report shall specify long-term maintenance measures necessary to carry out the proposed mitigation plan. 18.85.070 _ Decision Options and Conditions A. Decision Options. The Approval Authority may approve, approve with conditions, or deny an application based on the provisions of this chapter. The Approval Authority may require conditions necessary to comply with the intent and provisions of this chapter. B. Conditions. The required reports shall include design standards and recommendations necessary for the engineer and biologist or other qualified individual to provide reasonable assurance that the standards of this section can be met with appropriate mitigation measures. These measures, along with staff recommendations, shall be incorporated as conditions into the final decision approving the proposed development. C. Assurances and Penalties. Assurances and penalties for failure to comply with mitigation, engineering, erosion and water quality plans required under this section shall be as stated in Chapter 18.24. 18.85.080 Development Standards The following shall apply to all development, including native vegetation removal and excavation, within the WR overlay district. No application for a use identified in Section Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97-Page 9 • 18.85.050 shall be deemed complete until the applicant has addressed each of these standards in writing. A. Alternatives Considered. Except for stream corridor enhancement, most Type II and III uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and III development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. B. Minimize Siting Impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. 1. For Type II and III uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consistent with best management practices. 2. For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. C. Construction Materials and Methods. Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. D. Minimize Flood Damage. Above-ground residential structures shall not be permitted within the WR overlay district, where such land is also within the 100-year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on-or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain shall be designed consistent with Chapter 18.84, Sensitive Lands. E. Avoid Steep Slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25 percent or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. F. Minimize Impacts on Existing Vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. 1. Temporary measures used for initial erosion control shall not be left in place permanently. 2. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation. 3. Trees shall not be used as anchors for stabilizing working equipment. 4. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area. 5. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place. Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97 -Page 10 • • 6. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. G. Vegetation Mitigation Plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.85.100, a mitigation plan shall be prepared and implemented. 1. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis. 2. Where approval is granted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non- - native vegetation within the remaining, protected riparian setback area on a 1.5:1 basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re-planted with native plant species. 3. The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions.The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. H. Water and Sewer Infiltration and Discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. I. On-Site Systems. On-site septic systems and private wells shall be prohibited within the WR overlay district. J. Erosion Control Plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: 1. Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion. 2. The land area to be grubbed, stripped, used for temporary placement of soil, or . to otherwise expose soil shall be confined to the immediate construction site only. 3. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction. 4. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded. 5. During construction, runoff from the site shall be controlled,and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff. Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97-Page 11 111 6. A stabilized pad of gravel shall be constructed at all entrances and exits to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site. 7. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation. 8. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways. 9. Any other relevant provision of the Erosion Prevention and Sediment Control Plans Technical Guidance Handbook(City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. K. Plan Implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control or Re-vegetation Plan shall be implemented and maintained as follows: 1. Erosion control measures shall be installed prior to any stripping or excavation work. 2. The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly. 3. Eroded sediment shall be removed immediately from pavement surfaces, off- site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts. 4. Water containing sediment shall not be flushed into the surface water management system, wetlands or streams without first passing through an approved sediment filtering facility or device. 5. In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. L. Type Ill Conditional Uses. The procedural and substantive provisions of Chapter 18.130, Conditional Uses, in addition to Section 18.85.080(L)(1-2) below and 18.85.080(A-K) above, shall apply to determine whether a Type III use listed below may be approved. The applicant for conditional use approval shall: 1. Demonstrate that there will not be any net loss in the values of the resource area; and 2. Submit a detailed mitigation plan to show that any loss of riparian values will be fully compensated through the enhancement program. Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97-Page 12 • • 18.85.090 Abutting Lot Area Reduction A. Where no riparian setback reduction is proposed, the minimum lot area of buildable lots abutting the riparian setback area may be reduced in proportion to the preserved riparian area outside the required water qualtiy buffer, provided that each abutting lot shall have a minimum depth of at least 60 feet. B. The riparian setback area outside the USA water quality buffer shall be retained as an extension of the parcel created under 18.85.030.C.2 18.85.100 Riparian Setback Reductions The Director may approve a site-specific reduction of the Tualatin River or any major stream riparian setback by as much as 50 percent to allow the placement of structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better protection for identified major stream resources is ensured through streambank restoration and/or enhancement of riparian vegetation in preserved portions of the riparian setback area. A. Eligibility for Riparian Setback in Disturbed Areas. To be eligible for a riparian setback reduction, the applicant must demonstrate that the riparian corridor was substantially disturbed at the time this regulation was adopted. This determination must be based on the Vegetation Study required by Section 18.85.050.0 that demonstrates of the following: 1. Native plant species currently cover less than 80 percent of the on-site • riparian corridor area; 2. The tree canopy currently covers less than 50 percent of the on-site riparian • corridor and healthy trees have not been removed from the on-site riparian setback area for the last five years; 3. That vegetation was not removed contrary to the provisions of Section 18.85.050 regulating removal of native plant species; 4. That there will be no infringement into the 100-year floodplain; and 5. The average slope of the riparian area is not greater than 20 percent. B. Determination of Extent of Riparian Setback Reduction. Provided that the standards of 18.85.080.B are met, as much as 50 percent of the riparian area may be developed, based on a vegetation enhancement and streambank mitigation plan, and subject to the following standards: 1. The minimum remaining riparian setback for the Tualatin River shalt not be less than 37.5 feet, and the minimum remaining major stream riparian setback shall not be less than 25 feet. 2. Based on the recommendations of the required vegetation report, up to a 33 percent reduction in the riparian setback area may be approved, provided that the applicant enhances disturbed portions of the remaining riparian setback area on a 1.5:1 basis. The vegetation report identifies disturbed areas (non- vegetated areas and areas that are overgrown with non-native or invasive plant • species such as English ivy or Himalayan blackberry) and areas dominated by native plant species. Thus, for every 100 square feet of riparian setback area that is developed, at least 150 square feet of the disturbed portion of the Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97-Page 13 • • , remaining riparian setback area must be re-planted with native plant species. In this manner, up to a one-third riparian setback reduction may be approved. 3. Up to an additional 17 percent reduction of the riparian setback area may be approved, based on an approved streambank mitigation plan prepared by a biologist and an engineer, both of whom must have experience in stream bank restoration. The plan must demonstrate that the streambank mitigation measures will maximize fish and wildlife habitat values and water quality. 18.85.110 Adjustments to Underlying Zone Setback Standards In contrast to variances to the standards of the WR overlay district, adjustments to dimensional standards of the underlying zoning district may be approved by the Planning Director when necessary to further the intent of this overlay district. A. Adjustment Option. The Planning Director may approve up to a 50 percent adjustment to any dimensional standard (e.g., setback, height or lot area) of the underlying zoning district to allow development consistent with the purposes of the WR overlay district. The purpose of the adjustment process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for slope or flood hazards. B. Adjustment Criteria. A special WR overlay district adjustment may be requested under Type II procedure when development is proposed within or adjacent to the WR overlay district. In order for the director to approve a dimensional adjustment to standards in the underlying zoning district, the applicant shall demonstrate that the following criteria are fully satisfied: 1. The adjustment is the minimum necessary to allow a permitted use, while at the same time minimizing disturbance to a water resource, riparian setback area or water quality buffer. 2. Explicit consideration has been given to maximizing vegetative cover, minimizing excavation and minimizing impervious surface area on unbuildable land. 3. Design options have been considered to reduce the impacts of development, including but not limited to multi-story construction,siting of the residence close to the street to reduce driveway distance, maximizing the use of native landscaping materials, minimizing parking area and garage space. 4. In no case shall the impervious surface area of a single-family residence (including the building footprint, driveway and parking areas, accessory structures, swimming pools and patios) exceed 3,000 square feet of riparian setback or water quality buffer area. 5. Assurances are in place to guarantee that future development will not encroach further on land under the same ownership within the WR overlay district. The Planning Director may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. 18.85.120 Density Transfer Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97-Page 14 • • • Density may be transferred from water resource and riparian setback areas as provided in Section 18.92. 020-030. • 18.85.130 Variances to Chapter 18.85 Standards Variances to the use provisions of Section 18.85.050 are not permitted. Variances from measurable (dimensional) provisions of this chapter shall be discouraged and may be considered only as a last resort. A. Type Ill Variance Option.The Hearings Officer shall hear and decide variances from dimensional provisions of this chapter under Type III procedure, in accordance with the criteria in Chapter 18.134 of the zoning ordinance. B. Additional Criteria. In addition to the general variance criteria described in Chapter 18.134, all of the following additional criteria must be met to grant a variance to any dimensional provision of this chapter 1. The variance is necessary to allow reasonable economic use of the subject parcel of land, which is owned by the applicant, and which was not created after the effective date of this chapter. 2. Strict application of the provisions of this chapter would otherwise result in the loss of a buildable site for a use that is permitted outright in the underlying zoning district, and for which the applicant has submitted a formal application. 3. The applicant has exhausted all options available under this chapter to relieve the hardship. 4. Based on review of all required studies described in Section 18.85.060, the variance is the minimum necessary to afford relief, considering the potential for increased flood and erosion hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water quality. 5. Based on review of all required studies described in Section 18.85.060, no significant adverse impacts on water quality, erosion or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible. 6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on-site, on a 1-to-1 basis, by native vegetation. 18.85.140 - Plan Amendment Option Any owner of property affected by the WR district may apply for a quasi-judicial comprehensive plan_amendment under Type IV procedure. This amendment must be based on a specific development proposal. The effect of the amendment would be to remove WR overlay district from the property. The applicant shall demonstrate that such an amendment is justified by either of the following: A. ESEE Analysis. The applicant may prepare an Environmental, Social, Economic and Energy (ESEE) consequences analysis prepared in accordance with OAR 660-23-040. Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97-Page 15 1. The analysis shall consider the ESEE consequences of allowing the proposed conflicting use fully, consider both impacts on the specific resource site in comparison with other comparable sites within the Tigard Planning Area. 2. The ESEE analysis must demonstrate to the satisfaction of the Tigard City Council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource. 3. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land, consistent with the provisions of this chapter, and that there are no other sites within the Tigard Planning area that can meet the specific needs of the proposed use. 4. The ESEE analysis shall be prepared by a team consisting of a wildlife biologist or wetlands ecologist and a land use planner or land use attorney all of whom are qualified in their respective fields and experienced in the preparation of Goal 5 ESEE analysis. 5. If the application is approved, then the ESEE analysis shall be incorporated by reference into the Tigard Comprehensive Plan, and the Tigard Wetland and Stream Corridor Map shall be amended to remove the site from the inventory. B. Determination of "Insignificance." In this case, the applicant must demonstrate that the water resource site(s) no longer meet(s) the applicable significance threshold defined by the Goal 5 administrative rule, relative to other comparable resources within the Tigard Planning Area. 1. Significance thresholds are described and applied in the addendum to the City of Tigard Local Wetlands Inventory adopted by reference as part of this chapter. 2. In considering this claim, the Council shall determine that the decline in identified resource values did not result from a violation of this chapter or any other provision of the Tigard Community Development Code. Final Draft-City of Tigard Water Resources Overlay District WPS-7/23/97-Page 16 Wort 17 - O 00 Agenda Item No. TIGARD CITY COUNCIL Meeting of MEETING MINUTES - JULY 22, 1997 • STUDY SESSION > Meeting was called to order at 6:35 p.m. by Mayor Jim Nicoli > Council Present:Mayor Jim Nicoli, Councilors Paul Hunt, Bob Rohlf, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; Community Development Director Jim Hendryx; Asst. to the City Manager Liz Newton; Legal Counsel Tim Ramis; and City Recorder Catherine Wheatley. City Engineer Gus Duenas and Building Official David Scott arrived at 7:30 p.m. > Executive Session: The Tigard City Council went into Executive Session at 6:35 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h)to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session adjourned at 7:21 p.m. > Main Street Monopole Councilor Rohlf asked if the City could mitigate the appearance of the monopole that would be placed on Main Street. He held that it would not improve the appearance of the downtown. He mentioned that the application was currently in the appeal time period from the Hearings Officer's decision. Bill Monahan, City Manager, said that the Hearings Officer usually did a thorough job on the monopole applications. The Council could call up the application for further review but currently the City Code had no provisions to allow the City to dictate what it would look like. The Council discussed the exact location of the pole and its utility shack. Mayor Nicoli concurred with Councilor Rohlfs concern about its appearance. He agreed with pulling the item up for Council review. > Home Occupation Permits Mayor Nicoli explained that he received a call from the Tigard Times asking about the Code Enforcement Officer sending a 12 year old boy down to City Hall to get a home occupation permit and to pay the business tax for his enterprise of making dry cookie mix at home and selling it in the neighborhood. He pointed out that this was not good public relations for the City. Liz Newton, Assistant to the City Manager, said that staff received a telephone call noting concern about a flyer received advertising the dry cookie mix and wanting to know if these people paid the business tax. Apparently the boy's friends had distributed the flyers to a different neighborhood. She said that business tax ordinance does not say that a child is exempt. CITY COUNCIL MEETING MINUTES - JULY 22. 1997 - PAGE 1 011 Ms. Newton explained that home occupation permits were $30 with a half year prorated business tax at $27.50. She reported that she clarified for the Times reporter that the business tax was not new nor an attempt to increase revenue in response to Measures 47 and 50. The business tax rate has not increased since 1988. Mr. Monahan pointed out that it was not the boy applying at the counter for the permit but his mother. Ms. Newton said that any non-profit, religious, or fraternal organization was specifically exempted in the ordinance from paying the business tax. This included the Girl Scouts and high school students raising money through car washes. Mr. Monahan said that staff pursues whatever complaints they received from citizens. They do not go out looking for children selling products on the street. > BMX Course at Summerlake Park Mr. Monahan reported that a group of kids put together a BMX course in an area in Summerlake Park; they had cleared of a couple of downed trees. Immediately the course became popular. That popularity increased dramatically when a neighbor told Channel 2 News about this course built by the kids. Channel 2 did a story on it for their Neighborhood program. When City staff found out about it, staff evaluated the course and determined that there were liability risks. However, instead of simply shutting the course down, Ed Wegner. Public Works Director, was trying to fit the course into the Summerlake Park master plan where it could be operated safely with some restrictions. > Agenda Review Mr. Monahan informed the Council that Agenda Item No. 7, tree planting program, was set over for further review by Planning. He mentioned non-agenda items of the budget adjustment for the solid waste review and the SW North Dakota Task Force appointments. He noted some letters earlier distributed by the City Recorder. 1. BUSINESS MEETING • Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:40 p.m. • Council Communications/Liaison Reports: None • Call to Council and Staff for Non-Agenda Items Mr. Monahan noted a change to Consent Agenda item 3.2. He asked to pull Item 7 for set over to August 12. He asked to add non agenda items for the budget adjustment for solid waste review of the curbside commingled recycling proposal, and for the SW North Dakota Task Force appointments. 2. VISITOR'S AGENDA: No visitors signed in to speak. CITY COUNCIL MEETING MINUTES - JULY 22, 1997 - PAGE 2 • • 3. CONSENT AGENDA Jim Hendryx, Community Development Director, noted the change in the roster for Community Housing Task Force: Sally Parks, Metro Low Income Housing Association President, instead of John Groenwald. (Item 3.2) Councilor Hunt noted corrections to the minutes. Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt the Consent Agenda, 3.1 as modified.and 3.2 as adjusted. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Rohlf and Scheckla voted "yes.") 3.1 Approve Council Minutes: June 10, 1997 3.2 Approve Appointments to the Community Housing Task Force and Approve the Issues to Review (Council Charge) for Recommendations to the City Council 3.3 Local Contract Review Board a. Award Street Sweeping Contract to Midstate Industrial 4. UPDATE: DEVELOPMENT OF PROPOSED IMPROVEMENTS TO SUMMERLAKE Gus Duenas, City Engineer, reported that the sediment testing at the lake was completed on July 22 but the report would not be out for another week. He reviewed the preliminary findings: the sediment was 8 to 10 inches thick with a phosphorous concentration level not present in the native subsurface below the sediment. The high phosphorous content was likely due to construction upstream and the nutrients contributed by the nutria and the ducks. The lake would probably have to be dredged to remove the sediment at a ballpark estimate cost of $150,000. Staff would return with the USA recommendations, options, and cost estimates in September. Councilor Rohlf asked why they needed USA recommendations if the lake was a City lake. Mayor Nicoli pointed out that USA controlled all storm water quality in the County. He has talked with Bill Gaffey who indicated that USA would work with the City on this issue. Mr. Duenas said that staff knew that the USA recommendations would be insufficient but they saw USA as a source of free expertise and advice on available options. Van Camp, 12481 SW Edgewater Court, asked a series of questions regarding the testing, the phosphorous, and the dredging operation. Mr. Duenas explained that while phosphorous was a naturally occurring chemical, the high concentrations in the lake were coming from somewhere else. The testing was done in two spots in the lake. He reviewed the likely process for dredging the lake and removing the sediment, pointing out that they could gain 10 years of good lake condition through this process. Staff based the $150.000 cost estimate on their knowledge of dredging and material removal cost based on cubic yardage. Mayor Nicoli asked if it was feasible to lower the lake even more in the center to extend the lake's life. Mr. Duenas said that it was feasible to do so. He mentioned that USA CITY COUNCIL MEETING MINUTES - JULY 22. 1997 - PAGE 3 • • recommended dredging the center of the lake to provide a flow way for water during the summer. Mr. Camp spoke for dredging the edges of the lake, contending that the sediment would be higher there than in the center. Mr. Duenas said that they would look at all options. Mayor Nicoli asked the neighbors present if there would be a problem with the City posting the park to not feed the animals. A woman commented that the park was posted but one sign read "Do Feed the Ducks." The Council discussed the probability that posting the park would reduce but not eliminate duck feeding. Mayor Nicoli suggested noticing the immediate neighborhood and putting an article in Cityscape. A man who lived on the lake reported his observations that duck feeding has fallen off considerably, now mostly occurring in the spring with the non-migratory fowl. Another man said that they chased off the kids who were fixing the "Do Feed the Ducks" sign. He said that the neighbors who lived on the lake would be happy to help however they could. Mayor Nicoli said that the Code Enforcement Officer could talk to those whom neighbors reported as routinely violating the signs and ask them to stop. Mr. Camp submitted letters to the City Recorder from people who could not attend tonight's meeting. Another man submitted information on floating dredging operations that he found on the Internet. The Council discussed distributing the sediment test report to those interested (including those signed up tonight) as soon as it became available. Mayor Nicoli assured the citizens that the ducks and nutria would be reduced solely by not feeding them; no hunting would be allowed. The Council put this issue on the September 23 agenda. Greg Collier, 12469 SW Edgewater Court, asked if the discussion on September 23 included the report results and the staff recommended options. Mr. Duenas clarified that the options and recommendations to City Council would be discussed on September 23. Staff would have the report results and staff report available 10 days before that meeting. 5 PUBLIC HEARING (LEGISLATIVE) (CONTINUED FROM JUNE 10, 1997 COUNCIL MEETING) - COMPREHENSIVE PLAN AMENDMENT (ZOA 97-001) WATER RESOURCES OVERLAY DISTRICT - A request to amend the Tigard Community Development Code to add a new section to protect significant wetlands and riparian corridors,which meets the requirements of Statewide Planning Goal 5 and the "safe harbor" provisions of the Goal 5 administrative rule. The new section will be titled the "Water Resources Overlay District." a. Continue Public Hearing Mayor Nicoli read the hearing title and opened the continuation of the hearing.. b. Declarations or Challenges: None c. Staff Report: Community Development Department Mr. Hendryx noted that Council continued this hearing from June 10 at the request of the property owners. He pointed out the letter submitted to Council by Dr. Davis. CITY COUNCIL MEETING MINUTES - JULY 22, 1997 - PAGE 4 • • Duane Roberts, Associate Planner, referenced the report presented by the consultant at the last meeting. He said that the Division of State Lands (DSL) said that it was a good ordinance. They did request some minor modifications highlighting DSL's role in regulating wetlands. Mayor Nicoli asked what an individual property owner would have to do to meet Goal 5 if the City did not adopt this ordinance. Greg Winterowd, Winterowd & Associates. explained that a property owner wanting to develop a vacant lot had to meet Tigard's current regulations and work with DSL to make sure that all appropriate wetlands permits were obtained. He said that the advantages to the ordinance were greater certainty on the setbacks and DSL's sign off on the ordinance. He stated that developed property (all houses in existing subdivisions) were exempted from the special setback. Mr. Winterowd explained that the City had to go through this process because it was in periodic review and required by the State through the Land Conservation and Development Commission (LCDC) to bring its code into compliance with statewide Planning Goal 5 (Natural Resources.) The City could do this either through a "safe harbor" ordinance or the ESEE site specific analysis process. In addition, the ordinance provided a clear and objective way to resolve conflicts in preserving stream corridors and allowing development. He said that he did not see the current City regulations as clear as the "safe harbor" ordinance. Mayor Nicoli asked for a review of all the exceptions in the ordinance. Mr. Winterowd said that this ordinance was an attempt for"one size fits all" in meeting the prescriptive standard and complying with state requirements. He reviewed the five levels of flexibility included in the ordinance. Councilor Rohlf asked how many miles of streams were in Tigard and what percentage would be exempted out. Mr. Roberts estimated 10 miles. Mr. Winterowd explained the different stream classifications: significant, non-significant, fishbearing, and non- fishbearing. He pointed out that the designation of a stream as fishbearing or non- fishbearing came solely from the Department of Forestry maps. Councilor Rohlf commented that it sounded like most streams in the City would fall within the exemptions. d. Public Testimony .John Skourtes, Beaverton, said that he has owned property in Tigard for 30 years. He spoke against public agencies passing another layer of controls on flood plains, streams, and wetlands. He questioned passing a law filled with exemptions. He argued that the Code currently contained enough regulations to protect the streams and wetlands. He mentioned the Metro greenspace money and suggested waiting to see what Metro did with that money before passing this ordinance. He spoke for buying undeveloped land. Mr. Skourtes pointed out that there was little industrial land left in Tigard. He said that the exceptions were aimed at residential properties because residents could vote while industrial property owners could not. since most did not live in the city. He suggested tabling the ordinance for a year. He said that he spoke for the other commercial property owners on 74th Avenue. CITY COUNCIL MEETING MINUTES - JULY 22. 1997 - PAGE 5 • • Mr. Skourtes mentioned that USA put in a main sewer line through Fanno Creek 15 years ago. Instead of fixing the creek up, they "gerrymandered" around it. He said that eight years ago the previous City Manager disbanded the committee of business property owners he had called together to reach consensus on the 100 year flood plain/wetlands trade offs. After a year of meetings, they could not reach consensus. Mr. Skourtes contended that the ordinance was unnecessary and that LCDC would not arrest Tigard officials. He reiterated his suggestion to table the ordinance. Dr. Gene Davis, 10875 SW 89th, concurred with Mr. Skourtes' comments. He stated that. based on his experience of living near Ash Creek since 1966, he was certain that it was not a fishbearing creek, whatever the state designation. He asked to table the ordinance until they verified the designation of Ash Creek. He cited his willingness last year to comply with the City's request for him to hold off on building a hotel next to Ash Creek until the master plan for the Washington Square Regional Center was done. He asked the City to hold off on this ordinance until after that master plan was completed. Dr. Davis reviewed his mitigation of his property. He mentioned the agreement that there would be no setbacks for the commercial area but significant setbacks for the mitigated area. He gave up 6.5 acres of land already. He said that he called the consultant who helped him with the mitigation, and the consultant said that Dr. Davis' property should automatically be grandfathered in because he had already done the mitigation. He asked if his land was grandfathered in or would he lose more acreage every year until the only thing allowed on his property was a single residential home. Dr. Davis contended that it was not fair to zone his land automatically without a hearing after the years he has spent mitigating his property. He suggested having different rules for different zones. He argued that the extensive flooding in Tigard over the past two years was increased because the retention basin requirements in the City did not allow the water to run off to the Tualatin River quickly. The result was that the Tualatin crested 12 hours after the Willamette. He noted the many beaver dams on Ash Creek that retained a great deal of water. He spoke for cleaning out the creeks as a means of reducing flooding. Dr. Davis recommended looking for a practical solution to the flooding problems. He said that he believed that he had a right to have his property grandfathered in. He asked that the ordinance be delayed. He reiterated that Ash Creek was not a fishbearing stream. Gordon Martin, 12265 SW 72", said that he confirmed Mr. Roberts' information at the last meeting that there were no significant creeks in the Triangle requiring the 50 foot setback. He said that any kind of DSL permits in effect now were grandfathered in. e. Council Questions Mayor Nicoli asked what the City's options were if they did nothing. Mr. Roberts said that they had to do something because they were under state mandate either to adopt a "safe harbor" ordinance or do a ESEE site specific analysis. This was the remaining item of their periodic review. Tim Ramis, Legal Counsel. explained that if the City did nothing, they opened themselves up to LCDC imposing an enforcement order because the CITY COUNCIL MEETING MINUTES - JULY 22. 1997 - PAGE 6 • • City was not demonstrating reasonable progress. He said that the most likely enforcement order would require the City to do an ESEE analysis for every property in every application. Mr. Skourtes contended that the ordinance said that the City had two years after Metro adopted the 2040 plan. Mayor Nicoli commented that this had nothing to do with the 2040 plan. Mr. Hendryx concurred. He mentioned that the City had to conform to the Functional Plan criteria within two years but the Functional Plan did not include Goal 5 standards. Currently Metro was looking at a model ordinance for jurisdictions to use in drafting their own. Mr. Roberts mentioned that the City did accept a $12,000 state grant to complete.the planning for wetlands. This included a commitment to adopt an ordinance. If the City failed to do so, they would have to return the $12,000. Mayor Nicoli asked how much longer did the City have before they had to resolve this with LCDC. Mr. Roberts said that he did not know the final deadline. Councilor Scheckla noted that the two areas of concern raised were 74th Avenue along Fanno Creek, and Dr. Davis' property along Ash Creek. He asked if there was any relief they could give them under this policy. Mr. Roberts pointed out that the property owners had the option stated in the ordinance to do an ESEE analysis on their property to develop specific standards. Either the City could do the study or the property owners could do the study. Councilor Scheckla asked if there was a way to find out if the policy actually hurt these property owners. Mr. Hendryx reviewed the two options that the City had in complying with Goal 5: the expensive and detailed site specific ESEE analysis or the "cookbook" approach of the "safe harbor" ordinance. The Council directed staff to do the "safe harbor" ordinance. However this ordinance did have provisions to allow the property owner to do the ESEE analysis himself. Mr. Roberts pointed out that, in addition to objections from developers that the regulations were too strict, staff received objections from environmental groups that the regulations were not strict enough. He cited the argument staff has heard from Fans of Fanno Creek that Summer Creek is actually a fishbearing stream, not a non-fishbearing stream as designated by the state. Councilor Scheckla asked if this ordinance had sufficient flexibility to address the situations raised tonight. Mr. Winterowd commented that the reason to adopt an ordinance full of loopholes was to get the flexibility to tailor it to specific properties. He reported that he met with Dr. Davis prior to this meeting and concluded that the ordinance imposed virtually no additional requirements on his property. Since his property was pasture, not pristine creek, he could reduce his fishbearing stream setback to 25 feet with stream enhancements. Mr. Winterowd confirmed that the state did designate Ash Creek as a fishbearing stream, although Dr. Davis might be correct that it had no fish in it. He reiterated that the last level of flexibility in the ordinance was a property owner doing an ESEE analysis of his property. This was the same thing that LCDC could require the City to do through an CITY COUNCIL MEETING MINUTES - JULY 22, 1997 - PAGE 7 • • enforcement order. He commented that a special area plan (such as the Washington Square Regional Center) was an ideal time to fold in an environmental element that looked at the economic consequences of these regulations. Mr. Roberts noted that the ordinance provided an exception for recreational uses that would apply to bikepaths. He said that the Metro greenspaces money available was not adequate to purchase all the flood plain along Fanno Creek, even if they had willing sellers. He explained that they chose not to formulate their own definitions of "fishbearing" because of the difficulty and controversy of doing so. They simply accepted the state classifications. Mr. Hendryx asked what process would the City go through if the state could be persuaded to redesignate Ash Creek as non-fishbearing. Mr. Winterowd said they would need to amend the ordinance map to show it as non-fishbearing. All regulations would change accordingly. Mr. Roberts pointed out that environmental groups were introducing fish into streams all the time. Councilor Scheckla asked if Mr. Winterowd has run into this situation in other jurisdictions. Mr. Winterowd explained that Tigard was doing the very first "safe harbor" ordinance in the state. Most other jurisdictions were not caught in Tigard's bind of having to finish the periodic review. Councilor Scheckla asked how they would know what guidelines to go by if they had the first ordinance. Mr. Ramis said that while there were not any precedents, it was known what LCDC did to cities that failed to comply with periodic review. LCDC would issue an enforcement order to force compliance if things dragged on too long. Mr. Winterowd commented that the new state administrative rule was much clearer than the old one. He reviewed his experience in Goal 5 issues. He said that he was certain that Tigard had a good sound ordinance that would work. Mr. Ramis reiterated that the City needed to take some action relatively quickly to implement Goal 5, whether it was adopting this ordinance, a modified version of it, or something else. Mr. Roberts read the modifications to the ordinance suggested by DSL: • Addition to page 3, section J, third paragraph: All water or resources identified as significant on the wetlands map; • Addition of new section D on page 4: "In addition to the restrictions and requirements of this.section. all proposed development activities within any wetland are also subject to Oregon Division of State Lands standards and approval. ii"here there is a difference, the more restrictive regulation shall apply. The applicant shall be responsible for notifying DSL whenever any portion of any wetland is proposed far development in accordance with ORS 57.350. No application for development will he accepted as complete until documentation of such notification is provided. • Addition to page 5, 18.85.050(c)(2): Stream and wetlands restoration enhancement programs; • Correction to page 11, section G: 18.85.090 should read 18.85.100. CITY COUNCIL MEETING MINUTES - JULY 22, 1997 - PAGE 8 _ • 0 f. Close Public Hearing Mayor Nicoli closed the public hearing. g. Council Deliberation: Ordinance No. 97-06 Councilor Hunt commented that the Council went with the "safe harbor" option over the ESEE analysis to save money and manpower. He said that his experience on the Cook Park Task Force showed him how extreme the opinions were on environmental issues. He agreed that trying to write their own standards based on the ESEE analysis could leave them open to lawsuits and other problems. He asked for verification that his understanding of the testimony tonight was correct. The people objecting could still go through the ESEE analysis if they chose to. The only difference was if the City wrote the ESEE standards, the City did the work and footed the bill. If the City went to the "safe harbor" ordinance, the property owners did the work and footed the bill. Mr. Ramis and Mr. Hendryx advised that Councilor Hunt was correct in his differentiating between "safe harbor" and ESEE process. Councilor Hunt said that he did not see that they were depriving the property owners of anything. He expressed his support of the ordinance as presented. Councilor Rohlf said that this ordinance did enough exempting that clearly it would not do anything to seriously protect the riparian areas in the City. He contended that this ordinance did not achieve the environmental goal, it only complied with the state statute. He said that the quality of the consultant's work was excellent but the ordinance did not meet the spirit of Goal 5. He mentioned Mr. Dolan's suggestion at a previous meeting to use volunteerism to educate the citizens living along the creeks to do something to mitigate along the creek pathway. He suggested looking at stream corridors for the tree planting program. He said that he could not support the ordinance. Councilor Scheckla said that while he was not happy with this, he did see that they had to do something. He expressed his concern at being the first jurisdiction to adopt this type of ordinance, and therefore not knowing the possible flaws. He asked to take into consideration the situations of those who testified tonight so that the City did not harm where it thought it was trying to help. Mayor Nicoli concurred with Councilor Hunt's statements. Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Ordinance No. 97-06. The City Recorder read the ordinance by number and title. ORDINANCE NO. 97-06. AN ORDINANCE TO AMEND THE COMMUNITY DEVELOPMENT CODE BY ADOPTING A NEW SECTION 1885.00 TO RESOLVE CONFLICTS BETWEEN DEVELOPMENT AND CONSERVATION OF SIGNIFICANT WETLANDS, STREAMS, AND RIPARIAN CORRIDORS. CITY COUNCIL MEETING MINUTES - JULY 22, 1997 - PAGE 9 . • Councilor Rohlf asked to direct staff to explore the options of planting trees along stream corridors. Motion was approved by majority roll call vote of Council present. (Mayor Nicoli. Councilors Hunt. and Scheckla voted "yes;" Councilor Rohlf voted "no.") 6. CONSIDER APPROVAL OF ATFALATI AGREEMENT Mr. Monahan reviewed the history of the Atfalati agreement. He said that this draft included the insurance provisions as recommended by the City Attorney, including leaving out the hold harmless provision. He pointed out the insurance papers of the Tigard Little League and Soccer Club attached to the packet. The City Attorney has reviewed them against the draft language and found them acceptable. He noted the change of the date of first payment from June 1 to August 1. He explained that if Council adopted this agreement tonight, the other signers would have to return to their boards for authorization, as this draft has not been approved by the other groups. Councilor Scheckla asked what happened if one of the groups refused to sign. Mr. Monahan said that staff would bring the agreement back to Council if any changes were made. If there was a flat out refusal to sign, then there was no agreement. Mr. Monahan noted an issue raised to him by Dave Nicoli on the City requiring insurance from the soccer club and Little League but not from other organized groups. He said that after discussions with the City Attorney, staff concluded that they wanted insurance from these groups because they had a bigger investment in the fields than the occasional user did. They would be working with the City to develop the property, and they already had insurance. He suggested looking into requiring insurance for users who scheduled regular use of the facility. Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt the Atfalati agreement as drafted. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Rohlf, and Scheckla voted "yes.") 7. UPDATE: TREE PLANTING PROGRAM This item was set over to August 12. 8. CONSIDER APPROVAL OF FRANCHISE AGREEMENT - FIRSTPOINT COMMUNICATIONS Mr. Monahan reported that the City had standard franchise agreements with anyone who used their public rights of way. Firstpoint Communications would install fiber optic cable in their streets and then lease that capacity to a competitive access provider. He mentioned the current franchise the City had with Electric Light, a lessee of fiber optic cable capacity, who paid a 5% franchise fee from the revenue that they generated. He explained that in the Firstpoint Communications agreement, the company would pay the City a 1% franchise fee with the lessee of their cable capacity paying a 5% franchise fee. CITY COUNCIL MEETING MINUTES - JULY 22, 1997 - PAGE 10 • • Councilor Scheckla asked how this differed from TCI. Mr. Monahan said that Firstpoint Communication had different users than TCI. They served high tech firms or businesses who needed secure data lines with uninterrupted flow. Kevin Kohnstamm, Firstpoint Communications, 210 SW Morrison Street, Portland, reviewed the competition in the telecommunications field resulting from the Telecommunications Act of 1996. While US West and GTE owned most of the poles and wires in this area, companies like Firstpoint were changing that situation by installing fiber optic cables in city streets or hanging them from existing poles. He said that Firstpoint hoped its network in Tigard would grow in the future. They provided to businesses (and eventually to residents) a competitive alternative to existing telecom providers. Councilor Scheckla asked several questions on the route and installation of the cable. Mr. Kohnstamm explained that while at present they did lay the cables along the railroad tracks, this ordinance would allow them to lay cables in the streets or to hang them from existing telephone poles. However the ordinance strongly encouraged undergrounding. He pointed out that the City Code required restoration of a city street cut into by utilities to equal or better condition than it was when they started. Mr. Kohnstamm agreed with Councilor Scheckla's observation that those repairs often held up only for a couple of years. He mentioned that cities have put moratoriums on cuts in new street, allowing cuts only on older streets which would be resurfaced in the near future anyway. He said that they have enjoyed a productive relationship with Wayne LoveTev. Councilor Scheckla asked if Firstpoint would compete with TCI. Mr. Kohnstamm said that to the extent that TCI got into the data transport business, they would compete. However TCI was currently cable TV only, which Firstpoint did not deal with. Mr. Kohnstamm pointed out the temporary nature of this ordinance. He mentioned that they hoped to enter into a long term agreement with Tigard at some point. He cited the Hillsboro ordinance as a good example of a long term ordinance agreement. Mr. Ramis pointed out that this ordinance did acknowledge that it was a temporary ordinance. The last paragraph provided that when the City developed a master telecommunications ordinance, this document would terminate and this user would become subject to the master ordinance. Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt Ordinance No. 97-07. The City Recorder read the ordinance by number and title. ORDINANCE NO. 97-07. AN ORDINANCE GRANTING TO FIRSTPOINT COMMUNICATIONS, INC., THE RIGHT AND PRIVILEGE TO CONDUCT A COMPETITIVE TELECOMMUNICATIONS BUSINESS WITHIN THE CITY OF TIGARD AND TO PLACE, ERECT, LAY, MAINTAIN, AND OPERATE IN, ON, OVER. AND UNDER THE STREETS. ALLEYS, ROADS. AND PUBLIC PLACES. POLES. WIRES. AND OTHER APPLIANCES FOR COMMUNICATION PURPOSES WITHIN THE CITY OF TIGARD. CITY COUNCIL MEETING MINUTES - JULY 22, 1997 - PAGE 11 • • • Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli. Councilors Hunt, Rohlf and Scheckla voted "yes.") 9. DISCUSS COUNCIL GOALS - STAFF WORKPLAN Mr. Monahan presented the one page document developed by Cathy Wheatley that formatted the Council goals into a matrix showing when action steps would be taken and Council reports presented. He said that staff proposed returning with periodic status reports. He explained that the detailed steps for meeting the goals listed on the master sheet were in the departmental work plans. These were still under development but would be made available to Council when completed. Mr. Monahan explained that staff intended to bring one Council goal forward at a time to verify the direction staff was taken and to get approval for the action plan and timeframe. Councilor Rohlf noted the dual use of"o" as a matrix symbol for both"ongoing goals- and "reports to Council." He suggested using different symbols for clarity's sake. The Council agreed by consensus that the formatting was acceptable. 10. NON AGENDA ITEMS > Resolution No. 97-29 Mr. Monahan presented the $15,000 budget adjustment requested by the Solid Waste Efficiency Task Force last week to fund a consultant to review the feasibility of a commingled recyclable program. Councilor Rohlf asked if the resolution should include that Council wanted staff to try to get some of the money back from Metro and the County. Mr. Monahan suggested adding the sentence "whereas the Task Force and Council have directed staff to seek offsetting funds from Metro and Washington County in an amount up to $15,000.- Motion by Councilor Rohlf, seconded by Councilor Hunt, to adopt Resolution No. 97-29 as modified. The City Recorder read the resolution by number and title. RESOLUTION NO. 97-29, A RESOLUTION APPROVING 1997-98 BUDGET ADJUSTMENT NO. 1 APPROPRIATING FUNDS FOR SOLID WASTE REVIEW OF COMMINGLED RECYCLING PROPOSAL. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli. Councilors Hunt, Rohlf and Scheckla voted "yes.") > SW North Dakota Task Force Councilor Rohlf commented that he would like to find another person to represent the 121'` side of SW North Dakota. Staff noted that a roster of Task Force members was presented to Council. CITY COUNCIL MEETING MINUTES - JULY 22, 1997 - PAGE 12 0 , • Motion by Councilor Hunt, seconded by Councilor Rohlf, to approve the list of the nine members for the SW North Dakota Task Force, and authorizing Councilor Rohlf to add an additional member. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Rohlf and Scheckla voted "yes.") 11. EXECUTIVE SESSION: Canceled 12. ADJOURNMENT: 9:32 p.m. ii ((LL4 . Li'L.0 t.Ci'h_ Z.Cc Attest: /' Catherine Wheatley, City Recorder Cr- "t/ ,M or, tty of Tigard li-- II Date: -4L 9 0f.5 t - C1.-J l G��/-7 CITY COUNCIL MEETING MINUTES - JULY 22. 1997 - PAGE 13 c,� Z-2-:r • 0 AGENDA ITEM NO. -• ' 5 PLEASE PRINT Proponent - (Speaking In Favor) Opponent - (Speaking Against) Name, Address and Phone NT-o. - i.1(�rrt.k /j I Name, Add and Phone No. a� J In (li )` tO ( f Gt0 `� /o - 1.43-ft-L-4.4 vT 1— - N-a• 4„34'-7/s-7 Name, Address and Phone No. ^ 3a. . Name, A/d�dress and •. 9 l n v r , ' 3 F04+le-. an q ?-2 O9 Name, Address and Phone No. - Name, Address and Phone No. 16671_ _S L/4 2q pc r► Ly-A OR_ 9' 7-2_:)....y . Name, Address and Phone No. Name, Address ansi Pine No. IC. �eKAS 4 Qggc; S. Go, vkR G-: 21/4—668 T.; Aed , 02/ 47223 Name, Address and Phone No. apse, Address and Phone Nq. Crordc.,_ S. M.6r'10,... ( 12_ .6 .. 5c� '7 3..,.i..cA. AUC • Name, Address and Phone No. Name, Address and Phone No. Jvlk, S1 c..&-1e/ l po5 • - (7v e -S — Gvei2 - . - 3 ewE.-%�z- 01 Name, Address and Phone No. Name, Address and Phone No. 7vv1 7 oca-o S. • c6.vv.ev- (..-)a.,( Name, Address and Phone No. Name, Address and Phone No. . Name, Address and Phone No. Name, Address and Phone No. .. � . AGENDA TEEM# FOR AGENDA OF 7/22/97 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 215IVr£DWtAr-A - ISSUE/AGENDA TITLE C-ei eheilsiue.Plan Amendment(ZOA 97-001)Water Resources Overlay District PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council approve amendments to the Community Development Code pertaining to the protection of riparian and wetland resource areas? STAFF RECOMMENDATION Adopt the ordinance amending the Community Development Code. INFORMATION SUMMARY This is a continuation of a hearing held on June 10, 1997. Council decided to continue the hearing after some of the individuals who had signed up to testify left before the start of the hearing, which occurred at approximately 10:30 PM. All nine persons who signed up to testify have been notified of the new hearing date. A copy of the proposed code section and adopting ordinance are attached. The code section has been revised slightly. The revisions include changing the references to "USA/City" standards to "USA" standards to indicate the origin of the standards and to avoid confusion with the new overlay district standards, which also are city standards. The revisions also include changing 18.85.080.B.1 from ". . . water quality in the affected water resource will not be diminished as a result of the development proposal" to "any adverse water quality impacts of the development proposal will be minimized consistent with best management practices." OTHER ALTERNATIVES CONSIDERED Modify particular provisions of the ordinance or exempt particular geographic areas. FISCAL NOTES The safe harbor ordinance is designed to reduce the cost and time for local governments to complete Goal 5. i:bitywide\sum:wet.o12 • • CITY OF TIGARD, OREGON • ORDINANCE NO. 97- AN ORDINANCE TO AMEND THE COMMUNITY DEVELOPMENT CODE BY ADOPTING A NEW SECTION (18.85.00) TO RESOLVE CONFLICTS BETWEEN DEVELOPMENT AND CONSERVATION OF SIGNIFICANT WETLANDS, STREAMS, AND RIPARIAN CORRIDORS. WHEREAS, the City of Tigard finds it necessary to revise the Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the Statewide Planning Goal 5 requires local jurisdictions to develop programs to protect riparian and wetland resources; and WHEREAS, the"safe harbor"provisions of the Goal 5 administrative rule(OAR 660,Division 23) include criteria that define a course of action for meeting the requirements of Goal 5; and WHEREAS, the City of Tigard Planning Commission reviewed proposals for adding the above Code Section at a public hearing on May 19, 1997; and WHEREAS, the City of Tigard Planning Commission voted to recommend the revised Code section as shown in Exhibit"A"; and WHEREAS, the City Council held a public hearing on July 22, 1997, to consider the proposed amendments. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The relevant criteria in this case are Statewide Planning Goals 1, 2, and 5; City of Tigard Comprehensive Plan Policies 3.1.1; 3.2.4; 3.4.1.a; 3.4.2a; and 3.4.2d; and Community Development Code Section 18.30. The proposal is consistent with the applicable Statewide Planning Goals based on the following findings: 1. Goal 1, Citizen Involvement, is met because the City has followed its adopted citizen involvement program which involved review by its Citizen Involvement Team structure and public hearings as listed below. The City's Citizen Involvement Policies in the Comprehensive Plan have been acknowledged to be in compliance with Goal 1. Notice for all hearings was provided in the Tigard Times which summarized and outlined the amendments being made to existing code provisions and was done so for each public hearing. Copies of the ordinance drafts have been available at least seven days prior to the hearings, which follows Community Development Code Procedure. ORDINANCE No. 97- Page 1 • • 2. Goal 2, Land Use Planning, is met because the City applied all relevant Statewide Planning Goals, City Comprehensive Plan Policies and Community Development Code requirements in review of this proposal. 3. Goal 5, Open Spaces, Scenic and Historic Areas, and Natural Resources is met because the provisions of the overlay district are consistent with the "safe harbor" guidelines for riparian corridors and significant wetlands set forth in the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. The proposed measures implement the provisions of the Goal 5 "safe harbor" program for resolving conflicts between development and protection of these resources. This program calls for the protection of fish bearing streams and significant wetlands and the establishment of mandatory setbacks. The proposal is consistent with the City's acknowledged Comprehensive Plan based on the following findings: 1. Policies 1.1.1.a. and c. are satisfied because the proposed code changes are consistent with Statewide Planning Goals as indicated above and the changes help to keep the development code current with local needs and recent administrative rule changes. 2. Policies 2.1.1 and 2.1.3 are satisfied because the proposal has been reviewed at public hearings and through the City's Public Involvement process. 3. Policy 3.1.1 is satisfied because this policy calls for development control of wetlands and these provisions provide a tool consistent with recent administrative rules to protect these resources. 4. Policy 3.2.4 is satisfied because the overlay prohibits development within areas designated as significant wetlands and establishes 50 to 75 feet setbacks from the edges of designated wetland areas. • 5. Policy 3.4.1.a is satisfied because the proposal designates significant wetlands according to the criteria and procedures for the identification of significant wetlands established in the "Final Approved Administrative Rules for Identifying Significant Wetlands" adopted by the Division of State Lands. 6. Policy 3.4.2.a, which calls for the protection of fish and wildlife habitat along stream corridors, is satisfied because the proposal establishes mandatory setbacks from the top of banks and the edges of wetlands associated with stream corridors and by requiring that the areas within these setbacks remain undisturbed or enhanced with native vegetation. ORDINANCE No. 97- Page 2 7. Policy ikd is satisfied because the proposal asses Goal 5 rule requirements pertaining to the preservation of wetlands, includes a determination of which are ecologically and scientifically significant, and includes citizen participation. 8. Community Development Code Section 18.30, which establishes procedures for legislative code changes, is satisfied according to the above findings. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1997. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 1997. James Nicoli, Mayor Approved as to form: City Attorney Date i:\citywide\ordinanc.sf • ORDINANCE No. 97- Page 3 q -7-0601 Agenda Item No. 3. 1 , Meeting of 1 022 " TIGARD CITY COUNCIL MEETING MINUTES -JUNE 10, 1997 • STUDY SESSION > Meeting was called to order at 6:35 p.m. by Council President Paul Hunt > Council Present: Council President Paul Hunt, Councilors Brian Moore, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; Community Development Director Jim Hendryx; Finance Director Wayne Lowry; Asst. to the City Manager Liz Newton; Public Works Director Ed Wegner; and City Recorder Catherine Wheatley. > Executive Session: The Tigard City Council went into Executive Session at 6:35 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session adjourned at 6:40 p.m. > Discussion: City Facilities, Space Needs Liz Newton, Assistant to the City Manager, mentioned that the Council direction previously had been for staff to look at Option 1, siting the library offsite and completing the police expansion. She referenced the minutes from the March 19, 1997 and November 25, 1996 meetings as well as her memo to Council. She said that staff did discuss expanding the use of the water building for public works. Ms.Newton reviewed the changes that have occurred since the March 19 meeting. The County Library Advisory Board has decided to table the discussion of the WCCLS levy until September and make a decision in October as to whether or not they will go out for an election. Tri-Met was looking more seriously at providing improved service to suburban areas through their Choices for Livability program which could impact parking. Also the Employee Commuter Options (ECO) rule mandated a reduction of 30% in employee vehicle trips (3%a year over 10 years). She pointed out that if they increased the demand for the services at City Hall while reducing employee parking, they in effect did not reduce the need for parking. Ms.Newton noted that if they put a second floor over the police department, that would accommodate the police space needs to the 20 year horizon. She said that Scenario B of the two staffing projection scenarios, the one that included additional personnel for the urban services, was the projection staff was using. She reported that the Amber Foods property has been leased to another tenant, as the City could not make a commitment until the outcome of Measure 47 was known. Mr. Monahan explained that the new tenant lease was for five years. However the property owner was building an new office building to house the bus company offices which he would not do unless he were interested in a long term lease arrangement with the bus company. He said they could discuss this further in Executive Session if the Council so desired. CITY COUNCIL MEETING MINUTES - JUNE 10, 1997 - PAGE 1 - /./ • 4111 Ms. Newton reported that staff has approached the Intergovernmental Water Board (IWB) to get permission to use more of the building. The Tigard Water District indicated a preference to house Public Works in the building over other departments. Ms. Newton mentioned that at the March 19 meeting, Police Chief Goodpaster indicted that he would prefer to wait on the police expansion until the Measure 47 issues were clarified. She reported that Mrs. Schramnm has not yet decided to lease her building to a tenant but neither did she want to sell it. Ms. Newton reviewed the options before the Council. She said that staff still recommended Option 1. She commented that she has discussed the parking needs for the library with Kathy Davis, City Librarian, and they concluded that this site would have parking problems if it continued to hold the library, the police, and all the other city facilities. If they moved the library to a different site, it provided flexibility for the police expansion and eliminated the parking crunch. Ms.Newton asked if it was still the Council consensus to proceed with Option 1 as the basic plan to work from. If so, staff would develop several alternatives under this option to complete the police expansion and relocate the library to a different site. Councilor Hunt asked about moving the library to the public works site near Interfaith. Ms. Newton said that staff investigated that option, and concluded that that property plus an adjacent property not presently owned by the City would provide sufficient room to house the library. Mr. Monahan pointed out that more analysis of the site would need to be done in order to design building and parking placements in compliance with current codes. Ms. Newton reviewed the alternatives for relocation of other departments, if they went with Option 1. With renovation, either the Community Development and Engineering Departments could move into the library space or the police department. Another possibility was building a second story over the police department and moving the courts up there. There was adequate room to put Public Works in the Water Building. The Niche was also a factor in relocation discussions. Councilor Hunt spoke to moving quickly with Option 1. He pointed out that an opportune time _ to go out with another bond was at the time when the other bonds were expiring (which was happening fairly soon). Mayor Nicoli suggested exploring keeping the library on site (as part of Option 1) if they could get additional parking. Once they have looked at the options for both moving the library offsite and keeping it onsite, then they should get public input. Councilor Hunt suggested involving the Library Board in the discussion. Councilor Moore commented that they needed to find out whether or not they could afford the library bond. Ms. Newton said that the WCCLS levy was going to be $36.8 million with Tigard's share at$4.569 million. This would have been a county wide 30 cents per$1000 levy for five years, 15 cents per$1000 for 10 years. Tigard's share would be the same. The Council discussed how much space the library would need over the 20 year planning horizon. Ms. Newton said that the WCCLS levy would have provided a 38,800 square foot CITY COUNCIL MEETING MINUTES - JUNE 10, 1997 - PAGE 2 - • • • building, an increase of 26,000 square feet over the present library space of 12,780 square feet. Mayor Nicoli commented that they would probably need an acre and a half to accommodate both the building and parking. He suggested looking at the public works yard. Ms. Newton said that the cost for a plan to renovate the library into office space would cost between $2500 to $5000. Councilor Hunt requested a staff recommendation on which was the most cost effective way to go. Mayor Nicoli suggested picking the election date that they wanted to go out with a bond for, and then working the schedule backwards to develop their timeline and options. He spoke for a November general election. Councilor Hunt pointed out that they should go with the 1998 general election, or else they would have to get a 50%voter turnout. Councilor Moore commented that getting a bond measure on a ballot in one and a half years was an aggressive program. Mr. Monahan suggested that a staff committee work with the City Librarian and the Library Board. Staff would let them know that the Council was interested in funding a consultant to assist with exploring the options of a library either on or offsite. He pointed out that bringing the Library Board into the discussion up front would aid in the election campaign later on. Councilor Hunt concurred but requested police participation also, including the Police Advisory Board. Mayor Nicoli requested committee discussion within the context of the 20 year planning horizon. Councilor Moore pointed out that this library bond might compete with the proposed second road bond. Mayor Nicoli said that he did not think the voters weighed the two together. He spoke to starting the process for a bond now. Mr. Monahan asked if Council wanted to fold the present police renovation into this option or, after the committee discussion on Option 1, free up the police project to move ahead. The Council discussed the question. Councilor Hunt suggested getting the opinion of the committee. Mayor Nicoli mentioned the alternatives of doing the police expansion now and seeing how long that met the space needs or waiting and building a bigger facility later. Councilor Moore expressed concern that doing the expansion now would only put them where they should be with no future growth. Ms. Newton said that Chief Goodpaster has indicated that both the expansion and the remodel should hold them for 10 to 12 years. > Agenda Review Mr. Monahan noted the non-Agenda item of the Community Development Block Grant for the 91st Avenue sidewalk improvements. The City was offering$400 in cash and $22,800 of in kind services to receive $116,870. Jim Hendryx, Community Development Director, reported the first application for a limited land use decision that the City has received in the two years since they established the expedited review process mandated by state statute. He explained that the director's decision could be appealed only to the Hearings Referee; the Council could not call it up. Pam Beery, Legal Counsel, reviewed the four criteria for a limited land use decision, noting that they were very straightforward, and that the applicant was entitled to very quick processing from the City She pointed out that hearings were actually prohibited unless there was an appeal. CITY COUNCIL MEETING MINUTES -JUNE 10, 1997 - PAGE 3 • • S She said that reasons why applicants did not go with this process more often included the high fee (recovery of true costs)and the limitation of the appeals to LUBA. Mr. Monahan mentioned that the Council could prompt someone with standing to appeal a limited land use decision to the Hearings Referee. Ms. Newton mentioned the surprise at the South CIT meeting that they did not receive the typical notice. However when staff explained that they were following established procedure, the CIT accepted it but asked for more information on the expedited review process. Councilor Scheckla asked for an update on the Farmer's Market. Ms. Newton said that she would put an update in the newsletter after her meeting with the Chamber Board. Mr. Monahan mentioned Consent Agenda Item 3.3, in which the Chamber requested that the City staff member who sat on the Board change from a voting member to an ex officio member. This was a result of reworking their charter. Ms. Newton commented that sometimes it has been awkward voting on the Board as a City representative. The resolution delegated the authority to appoint the staff member to the City Manager. Mr. Monahan noted the new library sign put up by the Friends of the Library two weeks ago. Councilor Hunt asked to take the Tigard Water District name off the Water Building sign. Mr. Monahan said that he would discuss this with the IWB. > Study Session adjourned at 7:15 p.m. I 1. BUSINESS MEETING • Call to Order- City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:35 p.m. • Council Communications/Liaison Reports: None • Call to Council and Staff for Non-Agenda Items Mr. Monahan noted the addition of the Community Development Block Grant Agreement #9142, the Tigard/91 st Avenue sidewalk improvements. 2. VISITOR'S AGENDA Jack Polans, 16000 SW Queen Victoria Place, King City, spoke against either the City or ARD indemnifying themselves in the draft agreement currently under negotiation. He asked if indemnification meant that the insurance company was the only one who paid a claim and that the City and ARD were not responsible. He asked if the City would purchase the Lamb-Gray property whether or not ARD was signatory to the agreement. Mr. Monahan said that the draft agreement was scheduled for a future agenda once staff has reviewed the insurance coverage. He explained that Council directed staff to proceed with the purchase of the Lamb-Gray property regardless of whether ARD came in as a partner on the project. CITY COUNCIL MEETING MINUTES -JUNE LO, 1997 -PAGE 4 • • Terry Smith, 114810 SW 92nd Ave., asked the Council to consider calling up MLP 97-0002 (Downing-Shaw partition) for review once it was through the Planning Commission hearing process. 3. CONSENT AGENDA Motion by Councilor Scheckla,seconded by Councilor Rohlf, to adopt the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 3.1 Approve City Council Minutes: May 13 and 20, 1997 3.2 Receive and File: a. City Council Calendar b. Tentative Agenda 33 Authorize City Manager to Appoint a City Representative to the Tigard Chamber of Commerce Board as an Ex-Offico Member-Resolution No. 97-24 3.4 Approve Waiver of Sign Permit Fee for Friends of the Tigard Library 4. COOK PARK MASTER PLAN- RECOMMENDATION BY THE COOK PARK TASK FORCE • Staff Report Councilor Hunt presented the report of the Cook Park Task Force. He noted anonymous flyers recently distributed in the City that contained discrepancies between the facts and what the flyers said. He stated that it was the Task Force, not the Mayor, who decided what direction the community would go in regards to the expansion of Cook Park. He said that while the Mayor's brother did sit on the Task Force as the Soccer Club representative, he did not own any of the sports clubs and did not stand to gain financially from the expansion of the park. Neither did the Mayor, any staff member or any Task Force member. Councilor Hunt stated his opinion that the flyers were a cheap and underhanded tactic. Councilor Hunt reviewed the location of the properties on the map, including the park, the Lamb-Gray property,and the dairy farm owned partly by USA. He explained that Mr. Gray had paid for a study to lay out baseball fields on his property, and had received state environmental approval to mitigate the wetlands, which he did. Councilor Hunt reviewed the history of the Cook Park Task Force. He approached the Council two years ago to suggest purchasing the Gray property to increase the parking in Cook Park, since it would only get worse. The Mayor appointed a Task Force, with Council approval, consisting of himself and Councilor Hunt as City representatives, Dave Nicoli and Gary Stevens as sports representatives, and John Cook as Member-at Large. Later Brian Wegner and Mark Vossler came on as environmental representatives. The Council authorized hiring a consultant to work with the Task Force to design the use of the property, and the City hired Murase & Associates (who had a long history working with Tigard and Cook Park). CITY COUNCIL MEETING MINUTES -JUNE 10, 1997 -PAGE 5 Councilor Hunt said that the Task Force meetings with the consultant ran from June 1996 to May 1997. They included input from the CITs and other interested parties. He stated that while they did not followed all the suggestions given, the Task Force did listen to everyone prior to making their decisions. Councilor Hunt said that around May 1996 USA purchased the dairy process and informed the City that they were interested in selling the City part of the property. While the sports leagues eagerly anticipated putting in many ballfields on that property, the Task Force discovered that the environmental restrictions precluded putting in ballfields in order to preserve the wetlands. However the City was now negotiating with USA to buy a different portion of the property for development as passive recreation, not organized sports recreation. This property could include a wetlands interpretative center,trails, playgrounds, and a picnic shelter. Councilor Hunt stated that the Task Force agreed to install a fence between the wetlands and the active play fields to prevent accidental incursions into the wetlands. They established a 25 foot minimum buffer between the wetlands and the fence. He mentioned criticism received by the Task Force that the 25 foot buffer was insufficient protection for the wetlands. Councilor Hunt pointed out that presently there was a drainage ditch into the Tualatin River dug in between the City property and the dairy property. Bill Park from the Division of State Lands toured the property and has agreed that the City was adequately protecting the wetlands. Moreover the drainage ditch was man-made and not a natural wetlands . On the advice of the consultants, the Task Force recommended filling the ditch in and providing drainage to improve the water flow into the wetlands. Councilor Hunt expressed his appreciation for the interest shown by the public in this project. He asked that tonight's discussion focus on the facts of the situation, not on misrepresentations, and to keep personalities out of it. He thanked the Task Force for all their work and willingness to compromise to reach the best solution for the most people. He noted that Brian Wegner continued to have a concern that the 25 foot wetland buffer was insufficient, even after the Task Force reached consensus on that issue. He said that he made no apologies for the Task Force's work. The recommendations protected the environment,increased the facilities for youth, doubled the parking area, and provided a bandstand. Councilor Hunt mentioned that there had been considerable discussion on where the money would come from to do this expansion and to buy the Lamb-Gray property. He said that one source was the Parks system development charges (SDCs). The City had a large SDC reserve dedicated to parks development. In addition they might be able to use Metro Greenspace money in combination with City money for trail development and interpretive areas. Discussions were ongoing with the sports leagues, and they would probably pay for the ballfields and other facilities related directly to their use. Mr. Hendryx noted concerns raised by citizens. These included • Phasing in the interpretative centers earlier than currently recommended; - The City could not build on the USA property until they acquired it, and USA could not sell it until the long term lease with the dairy farmer was over. • Integrating this plan in with the City's overall Parks Master Plan; - The City was developing a Parks Master Plan process to demonstrate how parks SDC would be expended (in accordance with SDC regulations). The staff has taken the CITY COUNCIL MEETING MINUTES -JUNE 10, 1997 - PAGE 6 • overall concept for the public involvement process to the CITs,and next month would hire a consultant to work the process. Mr. Hendryx introduced the primary consultants, Bob Murase and Steve Cook of Murase & Associates. - Mr. Murase reviewed the work his firm has done for the City in the past, including the original master plan for Cook Park in 1989. He noted that the recommendations before the Council were the consensus of the Task Force. Mr. Cook listed the secondary consultants used on the project. These included Kittleson& Associates(transportation), Kempe & Associated (civil engineers), Fishman Environmental Services (wetlands), and D.A. Hogan& Associates (sports fields). Mr. Cook said that he would focus on the 27 acre expansion area added on to the current 52 acres of Cook Park. Issues and suggested improvements included: • New and improved signage and a monument to mark the entrance to the park with additional signage on Durham Road; • A gate to control access during the off season, flooding,or evening hours as needed • Expansion of the currently scheduled pedestrian and bikeway improvements on 92"° Avenue, keeping in mind the wetlands on either side of 92nd • No alterations to the existing parking of 184 spaces; • Additional restrooms, allowance for storage and a concession stand near the existing control gate; • Additional restrooms to serve the active playfields and the interpretative trails; • Extension of the existing paved pathway to go along the river and the wetlands edge for a multi-modal pathway as part of the regional trail system; • All other paths would be gravel or woodchip, meandering through the area; • A interpretative center gazebo overlooking the wetlands; • Interpretative plaques along the trails; • Additional picnic shelters near the wetlands and near the knoll by the boat ramp; • A small bandstand for intimate evening concerts in the Mary Woodward maple grove; • 287 additional parking spaces to address the neighborhood parking concerns; • The lot adjacent to 92"d would be paved but the other two would be gravel to mitigate the environmental impact by allowing infiltration of storm water; • The sports fields will have underdrainage of a sand base with turf on top but with water captured by the bioswales to separate it from the water draining to the wetlands; • Additional parking near the existing baseball diamonds. • Public Comment Mayor Nicoli reviewed the public comment procedures for the evening. OPPONENTS > Mary Driscoll, 16235 SW Copper Creek Drive, stated that she has regularly attended the South CIT and the Task Force meetings for one and a half years. She expressed concern that the wetlands buffer should be at least 50 feet, preferably 100 feet. She suggested adding only 100 new parking spaces instead of the proposed 354. Other concerns included the probability CITY COUNCIL MEETING MINUTES - JUNE 10, 1997 -PAGE 7 • • of increased crime in the area and the lack of planning for an additional police presence in the area, traffic, noise, and pollution. She asked that the trail improvements be built during Phase 1 of the construction. She pointed out that this area flooded regularly, and funding would be needed for repairs. Mayor Nicoli asked the Task Force members who wished to comment to do so at this time. > Brian Wegner,Tualatin Riverkeepers and South CIT representative, expressed his appreciation that the Thomas dairy property owned by USA was still wetlands. He noted the opportunities available for comment when USA considered what to do with that property. He mentioned that Metro was interested in a greenspace area close to the river, and the possibility of a connecting trail to Durham Park. > Gary Stevens,Tigard Little League representative, expressed his concern with the comments made concerning Mayor Nicoli and his brother. He said that two years ago, Mayor Nicoli came to the Little League to ask what the City could do for the youth of Tigard. That was the first time in the 22 years he has lived in Tigard that a Mayor asked what the City could do for them. He said that he and Dave Nicoli, who happened to the Soccer Club president at the time, have had a dream of finding additional space for playing fields for youth. He commented that he did not think that Tigard had the same problems with youth that other communities did, primarily due to the strong support of the community,the Council,the City staff, and the strong youth organizations in Tigard. Mr. Stevens noted that the youth organizations could not afford land that sold for$140,000 an acre, as the Sattler property had done. He mentioned the conversations the Nicolis had with Mr. Gray regarding his plans for ballfields on his property. He emphasized that Mr. Gray mitigated the original wetland-the pond-and developed the wetlands existing today. These wetlands did not exist 10 years ago. They discussed developing the property as an expansion of Cook Park to benefit both the youth and the community of Tigard. Mr. Stevens commented that Councilor Hunt stated up front that this plan would not progress if it was strictly for the youth or recreation groups within Tigard. It needed to benefit the whole community. He said that both he and Mr.Nicoli had hoped for more usable space for ballfields but the environmental concerns raised by Brian and Mark reduced it to less than half of what they had wanted to get. He pointed out that the USA property could benefit the entire community through a passive recreation area and an elevated wetlands viewing area. He commended all the Task Force members for their diligent efforts. > Dave Nicoli, ARD President, Soccer Club representative, said that it took some doing to get him to realize that they could not get all the ballfields they wanted because of the wetlands. However now he supported the plan, including the wetlands, as the best use of the property for youth and adults. He noted that the Soccer Club has grown from 1100 kids to 1800 kinds in the past six years. Their need for additional space prompted this planning effort. He mentioned that this was the last open area in Tigard for community events, such as fireworks on the Fourth of July and the Balloon Festival. > Mark Vossler, environmental representative, commented that this plan was the result of hours of work and heated debates and information gathering to get it to this point. He said that they worked hard to balance the variety of interests. He said that he had begun with the idea CITY COUNCIL MEETING MINUTES - JUNE 10, 1997 - PAGE 8 • that there had to be places in Tigard more suited to ballfields than this natural area but upon investigation realized that affordable open space in Tigard was in short supply. This was a compromise to get the maximal use for the whole community out of this park land. This was not anyone's dream park but it was a workable compromise in the interests of the entire community. The public testimony of the opponents continued. > Don Manghelli, 16415 SW 93`d, applauded the work of the Task Force in juxtaposing the various interests so well. He expressed concern about the lack of certainty in the plan, and some of the discrepancies that he saw on the map. He asked where the signs were to go. He said that while he liked the general concept, he would like more than a 25 foot buffer on parts of the wetlands where possible. He expressed concern that the ball clubs were spearheading this effort yet did not have clearly defined balifields to know where the buffer could be greater than 25 feet. > Rob Forrest, 16672 SW 89`d Place, spoke to the issue of sufficient setbacks for the wetlands on the Lamb-Gray property. He contended that the 25 foot setback was grossly inadequate and environmentally irresponsible. He noted that the newly formed sports organization would have to inject money into this project yet he has not seen any defined maintenance agreement or information relative to that agreement. He held that this money would come primarily from tournaments which would have a significant impact on traffic because of the number of people who would come. He expressed hope that this issue could be worked on, as it was not addressed at all in the Master Plan. Mr. Forrest contended that the proposed number of parking spaces was oversized. He asked for consideration in protecting the wildlife habitat and to send back the Master Plan for repairs. He said that he was not against having soccer fields in the park but wanted a balance between wildlife, people, cars, and sports fields. > Chris Counts, 9600 Riverwood Lane, said that he moved from Hamlet Street because of the traffic and noise. He lived in,Riverwood because he valued peace, quiet, and parks. He recommended that the Council delay adoption of the Cook Park Master Plan until completion of a new city wide parks plan. He noted the 1987 park plan map showing park deficient neighborhoods in Tigard. He questioned moving ahead with the expansion of Cook Park without addressing the neighborhood needs identified in 1987. He said that a balanced park system community wide was a principle of parks planning, and a fundamental flaw in the Cook Park Master Plan. Mr. Counts expressed concern that there were more environmental concerns present than were being addressed. He commended the Task Force for on their excellent job in resolving controversies but spoke for a minimum 50 foot wetland buffer. He said that the hydrology of the area has not been adequately discussed, including the impact of impervious surfaces and bioswales during a flood event. He noted the loss of wildlife to noise and parking. He stated that the best balance was to address the needs of the neighborhoods without parks. > Deborah DeWit Marchant, 10080 SW Pick's Court, mentioned that she and her family have enjoyed Cook Park for 11 years. She said that she did not disagree with the bulk of the Master Plan- it needed to serve many people in the community. She expressed sympathy for CITY COUNCIL MEETING MINUTES - JUNE 10, 1997 - PAGE 9 • • the sports people in having such a poor place to put their fields. It had the wetland restrictions, it flooded regularly, and it had no expansion room. She expressed concern for the wildlife habitat and spoke for a larger buffer than 25 feet. > Robert Melvin, 10395 Bonanza Way,expressed concern about the wildlife and its habitat. He said that most wild animals and birds had a flight distance greater than 25 feet. Loose balls from the playfields would alarm them. He asked for the 100 foot buffer to protect the wildlife habitat as recommended by several South CIT members. He asked that path construction (only 3%of the expansion budget) be moved up from Phase 2 Priority 3 to Phase 1 Priority 1. He pointed out that many people used those trails year round, including when the ballfields could not be used because of flooding. He contended that it made economic and environmental sense to build the trails at the same time as the equipment was on site to build Phase 1 of the three sports fields. > Mary Ann Melvin, 10395 Bonanza Way, said that her family also enjoyed walking in Cook Park. She expressed concern that the park would be transformed from a local community park into a regional park with all the drawbacks and none of the benefits to the citizens of Tigard who would be paying for it. She asked that the proposed Master Plan be reexamined and scaled back to reflect the realities of a local community park. > Mark Lennars, 16675 SW 89th Place, said that he supported the improvements to Cook Park and appreciated the work done to date. He held that a 25 foot buffer was insufficient, citing the condition of the wetlands adjacent to the soccer fields on the west side of the park to the condition of the wetlands on the east side of the park. He asked that the buffer be extended to a minimum of 50 feet. He said that he had been concerned about the involvement of the Mayor's brother and was glad that issue had been addressed tonight. Mr. Lennars said that he saw the expansion, not as an expansion of the park, but as the building of a sports complex with probably a park. He mentioned that six months ago a City employee told a group of school children at the park that their new soccer fields would be located here but when confronted said that it was just a possibility.. He asked the Council to work to make the expansion a true expansion of the park and not a sports complex. He said that he would support a reasonable plan. > Sue Kasson, 16570 SW 93rd, said that she was a member of the Citizen Visioning Committee trying to set a vision for Tigard in twenty years. She spoke to the importance of balance. She asked that the Council not vote tonight until the issues raised this evening have been discussed further and balanced more. > Michael Cleghorn, 9360 S Julia Place, expressed his concern that the decision has already been made. He said that there were too many probabilities in the plan,and that he would like to see something definite before a vote was taken. He said that the number of parking spaces encouraged a regional park rather than a community park. He spoke to preserving the wetlands with a 100 foot setback. He asked who would pay for the damage restoration needed after flooding. He said that he saw two problems: the process that this has gone through was separate from the planning of the park, and a number of citizens were alienated. > Sue Marshall, 15941 SW Inverrie, spoke on behalf of the Tualatin Riverkeepers. She commented that Cook Park was important to the Riverkeepers as the most widely used public CITY COUNCIL MEETING MINUTES -JUNE 10, 1997 - PAGE 10 • • • access to the Tualatin. They were mostly pleased with the outcome of the planning process, supporting in particular the commitment not to fill in the wetlands, the interconnecting trails, and the interpretative stations. She expressed their concern that the 25 foot buffers were inadequate, and suggested a 50 foot minimum. She pointed out that the Safe Harbor ordinance called for a 75 foot setback for wetlands associated with the Tualatin River, which these were. Ms. Marshall mentioned two species on the Sensitive Species list that lived in the park: the pilliated woodpecker and the bufflehead. She asked that paving be kept to a minimum as this was a flood plain. Impervious surfaces reduced the capacity for flood storage and surface water filtering. She said that the plan should encourage park& walk and bike riding to enter the park with upland parking alternatives. She expressed concern at the potential impinging of the wetlands on either side of 92nd if it were expanded to three lanes with curbs and sidewalks. Ms. Marshall said that the proposed Master Plan was a good attempt at addressing the varied uses of the community park. She said that they believed that the constituency supported the value of conserving wildlife habitat, the opportunity for passive recreation in a natural setting, and opportunities for kids to play sports without displacing wildlife. She said that the Riverkeepers supported amending the proposed Cook Park Master plan to allow at least a 50 foot wetland buffer and a reduction in the number of parking spaces. > Barb Forrest, 16672 SW 89th Place, spoke to the Cook Park expansion as ideally suited for a nature study park and not suitable as playing fields. She asked why they wanted to take a coveted natural area and alter it. She said that she has followed this process from the beginning, and seen new faces at meetings appalled at the thought of using the area for ballfields and parking lots. She held that the overwhelming majority of those attending the CIT meetings objected to the plan and its revisions. She commented that she wrote the Council and did not receive a reply. She asked for putting in ballfields in a responsible fashion, saving the bushes and trees and including adequate buffers. > Jack Polans, 16000 SW Queen Victoria Place, King City, expressed concern about the traffic, auto pollution, and security at the park. He said that he asked Chief Goodpaster if the Council had requested in writing assigning a police officer to the park during the day but Chief Goodpaster had not received such a request. He asked for another public hearing. PROPONETS > John Anderson, 14468 SW Scarlett Place, Secretary of ARD and the Tigard-Tualatin- Sherwood United Soccer Club, and co-chair of the Tigard Tualatin School District fields Advisory Council, spoke to another impact beyond the wetlands, animals, and environment- the impact on the children. He said that this expansion was designed to provide adequate outdoor facilities for the children of the community. The future loss to the community was incalculable. He spoke to acting in the best interests of the community and voting for the Cook Park expansion. > Amanda Asher, 15795 SW Serena Court, soccer and softball player,spoke to the need for more ballfields for the kids to play on. She noted that cities smaller than Tigard managed to build more fields than Tigard has. She commented on the need for additional parking also. CITY COUNCIL MEETING MINUTES -JUNE 10,4997 - PAGE 11 • • > Frannie Lucas, 12335 SW Mary Street, soccer and softball player,concurred with the need for more fields. She said that their goals and dreams of life started on those fields, and that they need to build more fields. > Craig Dirksen,9131 SW Hill Street, said that his family also has enjoyed Cook Park. He pointed out that park space in Tigard has expanded at a much lower level than the population. He mentioned his volunteer and civic activities as evidence of his love for the City. He contended that the City needed this expansion, and that the vast majority of citizens in Tigard favored it. > Pat Wolf,8910 SW Reilly, mentioned his participation on youth sports organization boards. He said that this plan began to correct some of the deficiencies mentioned by Mr. Dirksen. He pointed out that recreation development and activities in communities surrounding Tigard, including the Tualatin Hills Parks& Recreation District, Sherwood, Lake Oswego, and Canby. He doubted that the sports fields would be visible from the river paths, and therefore the buffers were adequate. He commended the Task Force for all the work they did in putting together a plan that was reasonable for everyone. > Jeff Devry, 14500 SW Hall, Little League Vice President, said that Tigard was out of space for kids to play sports on. They have done everything they can to renovate existing or abandoned fields but they had more kids than space. He said that during the season every field in the community was in play. This expansion would help serve the kids in a better manner. He said,with regards to traffic and noise issues,that he believed that the sports people have been good neighbors, moving in and out of games with as little trouble as possible. He said that the last time Cook Park flooded, the leagues rebuilt the baseball fields with donations and volunteer labor. The leagues did all the maintenance and repair work on the fields made available to them. > Tim Duncan, 10830 SW Kingsbury Lane, suggested taking into consideration who would do the actual construction and their reputation as builders. He mentioned that sometimes construction workers did not follow the rules as closely as they should. He pointed out that the wetlands did not follow the boundaries set by man. While they could use nature to help set the boundaries, berms implied the boundaries. He said that 25 feet was not enough. > Valerie Westlund, 14800 SW ??? Drive, noted that the Task Force included representatives from both sides of the issue. The Task Force members apparently felt that this was a good compromise to get all the groups to work together. She mentioned that the environmental representative on the Task Force felt that the 25 foot buffer was a good compromise. She pointed out that this natural area was not"natural"at all but created by Mr. Gray within the recent past. She mentioned the rumors that the schools were taking away the fields from soccer and baseball which meant that they would have to turn away more and more children. She asked for adoption of the plan as presented. STAFF COMMENTS Mr. Hendryx said that all letters received by staff were forwarded to the Council and the Task Force. Staff did not reply to the individual letters but incorporated them into the process. CITY COUNCIL MEETING MINUTES -JUNE 10, 1997 - PAGE 12 - • S Mr. Cook said that as part of the plan they proposed enhancement of the buffers for the existing wetlands north of the soccer fields and improvements to the natural flow of the wetlands. He said that the number of additional parking spaces was 287. These parking spaces would accommodate not only the sports fields but the interpretive areas and the picnic areas. He mentioned that additional picnic shelter, 35 additional picnic tables, and other amenities. He said that he hoped the benefit to the community at large was not lost in the focus on the sports fields. Mayor Nicoli noted that the plan prepared by the consultants was a master plan, not a detailed construction plan. Mr. Cook concurred. He explained that a master plan was a guiding tool that put forth the general conditions and features for parks and other planning projects. It did not include details of specific design. Those would be developed in the next phase of design development. The two other phases were construction documents and project construction. Mr. Murase commended the City for developing a city wide Parks Master Plan. He explained that a neighborhood park was normally five acres or smaller in size and did not include ballfields or parking lots. Neighborhood parks were for tot lots, and a multi purpose open field for neighborhood use, not community use. Cook Park had a different situation and programmatic use. Mayor Nicoli thanked the consultants for their work, mentioning the appreciation of the Task Force for Mr. Cook's dedication and composure. • Council Consideration: Motion Approving the Master Plan for the Expansion of Cook Park In response to questions from Councilor Moore, Mr. Hendryx said that the USA water quality standards used a 25 foot buffer. Staff was double checking what the DSL buffer imposed on developments was. He pointed out that the 25 foot buffer was the minimum distance recommended by the Task Force. The Task Force also recommended enlarging the buffer were possible. It was possible that the buffers would increase once the ballfields were laid out. He mentioned that there would be a subsequent review process. Councilor Rohlf asked why the Task Force chose a 25 foot buffer instead of the 50 foot buffer as a compromise point, given the strong feelings expressed tonight. Mayor Nicoli said that it was a balancing act. The environmental consultants actually recommended removing some poor quality wetlands on the Lamb-Gray property and enhancing some lands with better potential on the dairy property. Those areas would have 100 to 300 foot buffers, and in some cases no public access at all. Councilor Rohlf asked what the impact of a 50 foot buffer would be on the fields. Mayor Nicoli said that they did not know yet as the leagues have not done the final field layout. The Task Force realized that the buffer would vary from in depth around the fields from 25 feet to 100 feet. Councilor Rohlf asked what would have happened to this property had the City not bought it. Mr. Hendryx said that without looking at the Development Code,his best guess was that only a limited series of uses would have been allowed. CITY COUNCIL MEETING MINUTES -JUNE 10, 1997 - PAGE 13 • • Councilor Rohlf asked why they needed paved parking. Mayor Nicoli said that the Task Force did discuss not paving the entire area but decided to pave the high traffic driveways and parking used on a daily basis. Much of the proposed parking was intended as overflow parking only and would be left as gravel. Councilor Hunt asked if gravel parking lots had any ADA implications. Ed Wegner, Public Works Director, said no,that the park had sufficient hard surface parking now to accommodate the ADA accessibility requirements, although they might have to put in some concrete sidewalks and ramps to access the fields. He concurred that they had ample parking in the off season. Councilor Rohlf asked if the fields would be destroyed every year because of flooding. Mayor Nicoli said that there was a risk in building in the flood plain but it was minimal. He confirmed that the baseball league rebuilt their fields after the 1996 flood. The City may have done some work on the soccer fields. Councilor Hunt suggested looking into designing the gazebo and bandstand to float during flooding. Councilor Rohlf said that he sensed frustration from people at not having a voice on the Task Force. Mayor Nicoli said that the Task Force did include representatives from the neighborhood who also brought the environmental position to the table. He said that they had a public meeting, and reviewed all comments collected, many of which were reiterated tonight. He said that they did make some changes based on those comments, and that he was comfortable with the comments made this evening. Councilor Hunt said that he was also comfortable with the input heard tonight. He concurred that Brian Wegner, Tualatin Riverkeepers President, did have input into the plan. He said that he thought that the reason that some people felt that they were not heard was because the Task Force chose to do something different than they wanted done. That did not mean that they were not heard. Councilor Rohlf reiterated his concern with setting the buffer to a 25 foot minimum instead of a 50 foot minimum. He asked if doing so would destroy the ability to lay out the fields as desire. Mayor Nicoli reiterated that this was the Master Plan. They had not wanted to get into the exact layout of the fields without an exact plan for the parking areas. Once they knew where the parking areas would be, then they could layout the fields and determine the buffer widths. Dictating a 50 foot minimum buffer could significantly reduce the number of fields. The Task Force decided to require a minimum 25 foot buffer only when needed to preserve a field and to work towards a larger boundary. Councilor Rohlf commented that he thought the point about later tonight adopting a set of standards requiring a 75 foot buffer was valid. Mayor Nicoli said that he thought that ordinance was directed towards other considerations. He pointed out that while the wetlands did not have straight line boundaries, the fields did. One field corner might have a 25 foot buffer and another a 100 foot buffer. That issue would be determined during the layout. The Task Force took the minimum required by law and understood that most of the boundaries would be more than 25 feet. CITY COUNCIL MEETING MINUTES - JUNE 10, 1997 - PAGE 14 • . Councilor Rohlf said that he could understand the citizens' concerns with the minimum. Mayor Nicoli suggested stating that the Council would like to see an average of 50 feet but would allow for a specific field to go inside that boundary. He said that he was comfortable knowing that the average width would be more than the 25 feet. 25 feet was the exception, not the rule. Councilor Scheckla asked if the citizens would agree to the rest of the project if they put in a 50 foot minimum buffer. Several audience members said no. Councilor Scheckla said that he saw the problem as a desire on the part of the neighbors to treat this park as their own neighborhood park and to keep it for their personal use. He noted the many housing developments built in Tigard during his lifetime. He said that there was no park in this area when he grew up; they had to go to Oregon City or Portland to play ball. People moved here because they liked the community and the conveniences but now that they were here, they did not want to share their park. He spoke for creating places for young people to play and stay out of trouble. Councilor Hunt pointed out that the Task Force recommended a fence at the edge of the 25 foot buffer, something not required by law. From a practical standpoint, ballfields did not go tight along the fences. Therefore effectively there would be more than a 25 foot buffer. Mayor Nicoli commented that in the beginning of this process the leagues had hoped to have twice as much space since there was plenty of room in the uplands. However in response to the concerns of the environmentalists, the sports people cut their expectations in half and tripled the requests of the environmentalists. The majority of the dairy property and the Lamb-Gray property would be passive recreation use and prohibited public access. He contended that the Task Force was very fair in its concern for the environment with the master _ plan landing heavily on the side of the environmentalists. Mayor Nicoli commented that as a resident of Tigard he stood to gain with fields or wetlands. He reiterated that the Task Force did listen to people and responded to them. He said that he was comfortable with the 25 foot minimum and review of the issue during the construction documents phase. He recommended that the Council adopt the document without changes. Councilor Moore said that he heard from both sides of this issue, since two Task Force members lived across the street from him. He said that he based his decision on the mission statement of the Master Plan: "to improve the park to serve the greatest number of citizens with the least impact in the inherent nature, character, and resources of the existing park and adjacent expansion areas." He said that the question was what was the best service to the 37,000 people living in Tigard. He expressed concern about the buffer but said that he was willing to wait for the field layout. Councilor Moore said that he thought that the Task Force developed a well balanced document. He mentioned that the Council has looked into purchasing land for additional parks in the City but found that no parcels big enough were left. He mentioned that space has been a problem for the sports clubs for at least 10 years and this was their answer. He expressed his support of the Master Plan while waiting for the detailed plans prior to making a decision about the fields. CITY COUNCIL MEETING MINUTES -JUNE 10, 1997 - PAGE 15 • • Councilor Rohlf commented that Councilor Hunt has been a supporter of parks and pedestrian friendly areas throughout the City since he has known him. He said that the Mayor came with an interesting concept of leveraging their park dollars to have more parks in the City. They did so in the purchase of the Cook Park expansion property . Councilor Rohlf pointed out that the sports clubs came to the table offering dollars towards this project in order to acquire land for more fields. The environmentalists came with no additional money at all, something that had concerned him at the time. However both the Mayor and Councilor Hunt supported adding the environmental representatives to the Task Force. He expressed his surprise that more land went for wetlands than for the kids who needed more fields. He concurred that all fields were in play during the season. Tigard's growth would not stop, and they needed places for the children to play. Councilor Rohlf said that he thought sports deterred crime and gave the kids something useful and constructive to do. He said that he wished they could find a better place to put the fields but there weren't any other places so the leagues would have to settle for second best. He commented that while this might make a better wetlands park, there was no other place for the children to play. This plan met both needs. Councilor Rohlf expressed his concern about the buffer. He said that while he would like to put in language regarding the buffer and gravel parking lots, he thought those details would work out during the process. Councilor Rohlf expressed his dismay at the personal attacks by the public on the Mayor and his brother. He said that he thought Mayor Nicoli was the best Mayor Tigard has seen. He knew personally that the Mayor took much time away from his business to volunteer for the City. While he did not know the Mayor's brother, he respected his dedication to the youth of the City. He noted the deliberate work by the City to develop programs to help keep kids out of trouble. This park plan was in step with that work. Councilor Rohlf said that all sides were listened to during the process. He expressed his anger that those who disagreed with the position taken by the Task Force resorted to personal attacks on the Mayor and his brother. He said that while he did not support the plan as fully as Councilor Moore -he felt it needed some tweaking -he would vote for it. Councilor Hunt concurred that viscous personal attacks were inappropriate behavior. If anything was to be attacked, it should be what the Task Force did and why they did it. He mentioned that one of his goals as a Councilor has been to work with youth. He noted his efforts to get more officers in the schools, to get more picnic facilities and areas for children in Cook Park, and to get the stoplight at Durham and 79th for a safer crossing for the children. Councilor Hunt said that he fully supported the Master Plan. He commented that it preserved the ballfields for the children while also keeping interpretative areas and pathways. Motion by Councilor Hunt,seconded by Councilor Moore, to receive and approve the master plan for the extension of Cook Park developed by the Mayor and the Task Force. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") CITY COUNCIL MEETING MINUTES -JUNE 10, 1997 - PAGE 16 S > Mayor Nicoli recessed the meeting for a break at 10:11 p.m. > Mayor Nicoli reconvened the meeting at 10:23 p.m. > The Council considered Agenda Items No. 7 and 8 at this time. 5. PUBLIC HEARING - (LEGISLATIVE)-COMPREHENSIVE PLAN AMENDMENT (ZOA 97-001) WATER RESROUCES OVERLAY DISTRICT -A request to amend the Tigard Community Development Code to add a new section to protect significant wetlands and riparian corridors,which meets the requirements of Statewide Planning Goal 5 and the "safe harbor" provisions of the Goal 5 administrative rule. The new section will be titled the "Water Resources Overlay District." a. Mayor Nicoli read the hearing title and opened the public hearing. b. Declarations or Challenges:None c. Staff Report Duane Roberts, Associate Planner,reviewed the Council's decision to comply with Goal 5 through the"Safe Harbor"method. This involved the City adopting state established protection standards, significant wetlands definitions, and stream classifications system. He mentioned Mark Roberts and Greg Winterowd of Winterowd & Associates, the consultants hired to develop the Safe Harbor ordinance. The Planning Commission reviewed the ordinance and unanimously recommended approval. At the request of the CITs, staff notified all potential interest groups and the 560 potentially affected property owners. Mr. Roberts commented that this was the first Safe Harbor ordinance in the state close to completion. Staff had some minor revisions to the ordinance recommended by the Planning Commission. He mentioned a suggestion he had received to hold this over to July 8. He said that there was no legal reason why they could not do so but adopting it tonight would give staff the necessary timeframe to complete a grant application by June 30. He said that he did not think a week's delay was significant for the grant.application but he has not been able to reach anyone at the state. Mr. Roberts noted that the state has never done the field verification of the wetlands inventory that the City turned into them two years ago. He asked to change the ordinance adoption date to 45 days from this evening because of this problem with the state not having adopted their inventory. The Council discussed whether or not to continue the hearing. Mayor Nicoli noted that some people could not stay this late and it would be a courtesy to listen to those here tonight and to hold it over to allow additional testimony. d. Public Testimony > Joe Kasten, 9885 SW Ventura Court, stated that in his particular case, the regulation requiring a 50 foot setback from Ash Creek would take away one third of the property he CITY COUNCIL MEETING MINUTES -JUNE 10, 1997 - PAGE 17 • acquired 13 years ago. He mentioned the takings and compensation issue, stating that in his opinion this regulation diminished the property value because it restricted what he could do with his property. He pointed out that it was interesting that the Council set a 25 foot setback for public property but a 50 to 75 foot setback for private property. > Dan Dolan,4524 NE Davis,Portland, noted the desire to protect wetlands and streams but questioned whether another layer of government was necessary to do so. He concurred that property value would be diminished by a 50 to 75 foot setback. He contended that once this ordinance made a property unbuildable, the property owner would be at the mercy of the City. He questioned the meaning of"reasonable conditions"(page 5, draft). He said that there was no provision to pay property owners for the reduction in value and loss of utility of their land. He cited the Fifth Amendment's provision regarding compensation for takings. He argued that Goal 5 was an unfunded mandate. He stated that if it was the City's intention to create greenway, then property owners were due compensation. He stated that he did not believe the ordinance went far enough in protecting the rights of the individual. > Gordon Martin, 12265 SW 72°d Avenue, stated for the record that he was a proponent for protecting streams and rivers because that was in the best interests of the City, both now and in the future. He said that he did not think that the 560 landowners affected by this ordinance should bear the brunt of it financially. He spoke for compensation to property owners forced to protect streams abutting their properties. He said that the tree ordinance was a similar situation, in which private property owners bore the financial cost of protecting trees. Mr. Martin asked if his property was included under the ordinance. He mentioned that he has spent$100,000 for an engineer's report to justify to the Division of State Lands his request to move the stream running through the middle of his property and to mitigate the wetlands. Mr. Roberts explained that the stream on Mr. Martin's property was a drainage way and not considered a significant stream corridor. - > Greg Winterowd,Winterowd Planning Services, emphasized that they built as much flexibility into this ordinance as they possibly could. He noted the mandated standard of a 25 foot buffer from fishbearing streams (in addition to the USA buffer of 25 feet) and a 75 foot buffer from the Tualatin River. He reviewed the levels of adjustment allowed under this standard. The first level was the exemption of every developed subdivision in the city. This was spelled out in the ordinance to avoid affecting people's backyards. The second level was that the standards of the underlying zone could be adjusted administratively with notice. Mr. Winterowd mentioned the flexibility built into the administrative rule. The third level was the allowance of a reduction of up to 50% of the required riparian setback for areas that have been disturbed, and were no longer pristine natural areas. The fourth level was a hardship variance under the administrative rule. The fifth level was density transfers. Mayor Nicoli pointed out that Tigard had greenway park all along the Tualatin River so the 75 foot standard really did not affect anyone. However these adjustments would come into play for the 50 foot setback from Fanno Creek. Mr. Winterowd pointed out that an application had to go up through the levels in order to get the adjustments. He said that this ordinance did not require the dedication of land, and CITY COUNCIL MEETING MINUTES - JUNE 10, 1997 - PAGE 18 411 S . therefore did not take any land, though it require the protection of the streams and wetlands, much as the Development Code required building setbacks. Mr. Winterowd explained that in addition the City or a property owner could take a stream or wetland out of the Safe Harbor category and do a separate ESEE analysis on it. If the Council decided on full preservation of the natural resource, they would have to do a plan amendment. He noted that while there was a city wide inventory of stream corridors and wetland, the City chose to go with the Safe Harbor ordinance in order to avoid the expensive and time- consuming ESEE analysis for all the properties. He stated that he believed that even if they had done the ESEE analysis, the City would have ended up with an ordinance very similar to the one before the Council tonight. Mr. Winterowd said that this proposal included leaving the 25 foot water quality setback required by USA as a separate lot,rather than making it a conservation easement, if the property owner preserved the full setback. This meant that the minimum lot depth of the buildable lot would be reduced. This avoided the administrative hassle of enforcing conservation easements. Councilor Hunt asked if the City would have the same problems and challenges if it had not done the Safe Harbor option. Mr. Winterowd said that the tradeoff of the Safe Harbor option had been giving up the flexibility to custom design the ordinance. He said that he suspected that if the City had gone with the ESEE analysis, they would have more people here arguing for stronger standards and for lesser standards. He reiterated that this ordinance would probably not have been much different under that option. He held that the Safe Harbor was a good compromise. Councilor Hunt asked if someone could go through the ESEE analysis to get around the ordinance. Mr. Winterowd said yes, they could. However it was an expensive and difficult process, and onerous on individual property owners. Councilor Hunt expressed concern about taking away the value of property that someone had owned for years, like Mr. Karsten. Ms. Beery pointed out that existing subdivisions were already grandfathered in. Property owners with approved applications might also be _ grandfathered in because by law they could not apply new standards to approved applications. Councilor Hunt asked if it was difficult to define who would be affected by this ordinance, and if the City might get into trouble because they did not notify someone whose property later turned out to be affected. Mr. Roberts said that legally they did not have to notify anybody. They knew that they missed some people because they used the County tax assessment rolls. However this notification was a voluntary action on the City's part because staff thought it was a good idea to do so. Councilor Rohlf explained that this ordinance was in response to a state mandate. He said that any concerns about adding another layer of government needed to be addressed at the state level, not the city level. Motion by Councilor Scheckla, seconded by Councilor Rohlf, to continue the hearing to July 22, 1997. CITY COUNCIL MEETING MINUTES - JUNE 10, 1997 - PAGE 19 - • Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 6. COUNCIL CONSIDERATION: PLEDGE $9,900 MATCHING FUNDS TO COMMUNITY DEVELOPMENT BLOCK GRANT TO COMPLETE SENIOR CENTER EXTERIOR IMPROVEMENTS a. Staff Report Mr. Hendryx referenced the background given in the staff report. He noted that the project was to do the raised gardens. This money would leverage funds 50/50 with the block grant program. Councilor Rohif expressed concern with this request not going through the normal budget process, and with a social agency asking for another$10,000. Mr. Roberts explained that staff had not known how much money they would need until the bids came in. They went through the bid process four times on the various portions of this project. The first bid was outrageously high, they received no bids for the next two requests, and then solicited two bids the fourth time. Mr. Monahan said that an option was to not fund the request and to look at scaling back the work or using volunteer labor. He noted that this project had been in last year's budget. Councilor Moore commented that $20,000 was a great deal of money to spend on raised gardens. Mr. Roberts said that these were the handicapped accessible gardens, and strongly supported by the Senior Center. Councilor Hunt commented that the bids were not out of line with what landscapers would charge. Mayor Nicoli supported building the gardens. Motion by Councilor Hunt, seconded by Mayor Nicoli, to approve the matching funds. Councilor Moore reiterated his concern with the amount of money to be spent on this project. He spoke to using volunteer labor and donations to build the gardens. He said that he would vote against the motion, although he was not against building the gardens. Councilor Hunt said that they already had raised planters donated from the King City Plaza owners. Councilor Moore said he would look into the issue. Councilor Scheckla asked if they were setting a precedent for other people to come back before the Council to ask for additional funding. Mr. Monahan said that several other groups have already come back before the Council requesting additional funding. Mr. Monahan said that staff would put this on next week's agenda. Mayor Nicoli asked to see the plan drawings. Councilor Hunt withdrew his motion, and Mayor Nicoli his second. b. Council Questions CITY COUNCIL MEETING MINUTES - JUNE 10, 1997 - PAGE 20 - �► • c. Council Deliberation: Motion to approve the needed matching funds in the amount of $9,900 to complete the Senior Center exterior improvements project. > The Council considered Agenda Item No. 9 at this time. 7. PUBLIC HEARING - LAW ENFORCEMENT COMMUNITY DEVELOPMENT BLOCK GRANT- Opportunity for public comment on the proposed use of the fund for law enforcement equipment, enhancing school security and enhancing community safety. a. Mayor Nicoli read the hearing title and opened the public hearing. b. Declarations or Challenges c. Staff Report Ron Goodpaster, Police Chief, reported that the Citizens Committee required by this block grant has identified the eight different areas and four to five subcategories that they could spend this money in. He noted the list of items proposed for purchase with the grant money. d. Public Testimony > Jack Polans, 16000 SW Queen Victoria Court, asked if the"radar trail" listed in the Cook Park Master Plan could be eliminated and a policeman assigned instead. Chief Goodpaster said that was not a possibility. He explained that they have formed a Cook Park Citizen Patrol that would begin patrolling the park the week after the Balloon Festival. He mentioned the signage issues as the citizens group wanting better signage stating the rules, regulations, and closing hours of the park as well as advertising the Citizens Patrol project. e. Council Questions f. Mayor Nicoli closed the public hearing. g. Council Deliberation: Motion authorizing Expenditures on the Proposed Use of Grant Funds Motion by Councilor Hunt, seconded by Councilor Rohlf,to authorize expenditures on the proposed use of grant funds. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohif and Scheckla voted "yes.") 8. CONSIDER ORDINANCE AMENDING LANGUAGE CONCERNING "ABANDONED VEHICLES" a. Staff Report CITY COUNCIL MEETING MINUTES -JUNE 10, 1997 - PAGE 21 • • • Chief Goodpaster noted that the amendment contained one substantive change and several housekeeping changes suggested by the City Attorney to bring the ordinance up to date. He mentioned that currently the police department spent a great deal of time tracking abandoned vehicles as they were moved from place to place in response to notifications. This amendment allowed the police to tow a car automatically on the third violation(if it met the criteria) with notice. b. Council Questions c. Council Deliberation: Ordinance No. 97-04 Motion by Councilor Scheckla, seconded by Councilor Hunt,to adopt Ordinance No. 97- 04. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 97-04, AN ORDINANCE OF THE CITY OF TIGARD AMENDING CHAPTER 760 ABANDONED VEHICLE. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") > The Council considered Agenda Items No. 5 and 6 at this time. 9. NON AGENDA ITEMS Mr. Monahan noted the request from the County to return a signed contract for the Community Development Block Grant program#9142, the 915L Ave. sidewalk improvements, by June 18. The City would contribute $400 in cash and $22,800 in in kind services in exchange for$166,800 for a$190,000 project that would benefit Villa La Paz, an affordable housing project. Motion by Councilor Rohlf, seconded by Councilor Hunt, to authorize the mayor to sign the CDBG agreement. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 10. EXECUTIVE SESSION 11. ADJOURNMENT: (-)( -el .e2Licu2 1.04.&.ca32e6 Attest: 1 Catherine Wheatley, City Recorder ., jitr, City of Tigard : i: ..:: .thy\ccm\970610.doc CITY COUNCIL MEETING MINUTES -JUNE 10, 1997 - PAGE 22 Agenda Item: 5_3 Hearing D .V• May 19,1997 Time: 7:30 PM STAFF REPORT CITY OF TIGARD TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON I. APPLICATION SUMMARY CASE: FILE NAME: WATER RESOURCES OVERLAY DISTRICT Zone Ordinance Amendment ZOA 97-0001 PROPOSAL: The City of Tigard proposes to amend the Community Development Code to add a new section, titled "Water Resources Overlay District", to protect significant wetlands and riparian corridors APPLICANT: City of Tigard OWNER: N/A • 13125 SW Hall Boulevard Tigard, Oregon 97223 ZONING DESIGNATION: N/A LOCATION: City Wide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5; Tigard Comprehensive Plan Policies 1.1.1a; 1.1.1c; 2.1.1; 2.1.3; 3.1.1; 3.2.4; 3.4.1.a; 3.4.2a; and 3.4.2d • II. STAFF RECOMMENDATION Staff recommends approval of the proposed ordinance amendments according to the findings found in Section IV of this report. Staff Report ZOA 97-0001 Water Resources Overlay District Page 1 III. BACKGROU.ONFORMATION • Goal 5 is a broad statewide planning goal that covers more than a dozen resources. These range from riparian corridors and wetlands to cultural areas and historic resources. Goal 5 and related Oregon Administrative Rules (Chapter 660, Divisions 16 and 23) describe how cities and counties are to plan and zone land to conserve resources listed in - the goal. Tigard has met the rule for other Goal 5 resources, but has not met the rule for wetlands and riparian corridors as yet. The purpose of the present ordinance amendments is to meet the city's obligation to adopt a program that protects these resources and achieve compliance with Goal 5. Goal 5 and its rules establish a five-step planning process for cities and counties: 1. Inventory local occurrences of resources listed in Goal 5 and decide which ones are important. 2. Identify potential land uses on or near each resource site and any conflicts that - might result. 3. Analyze economic, social, environmental, and energy (ESEE) consequences of such conflicting uses. 4. Choose one of three policies toward conflicting uses at each site: prohibit the conflicting use, allow the use fully, or put some limits on it 5. Adopt measures such as zoning to put that policy into effect. This five-step Goal 5 process was established by rules adopted in 1982. Revisions were adopted in 1996. For some resources, stream corridors and wetlands included, the revisions give local governments a choice between following new, expedited procedures, or following the standard five-step process. An important element of the new Goal 5 rules is the "safe harbor" for local governments. A safe harbor is a special provision that ensures compliance with Goal 5. For riparian areas and wetlands, a city or county can choose the safe harbor or follow the five-step process. The standard process gives a local government more flexibility, but also takes more work and heightens the risk of litigation. The rule provisions for riparian corridors specify that along a major stream, a local government may adopt a setback that prohibits development within 50 feet_of the waterway's bank. If it does that, the local government will automatically comply with Goal 5's requirement for protection of riparian corridors. The government doesn't need to do any elaborate studies to justify its decision, and its risk of litigation is lessened. If the local government wants to use something other than a 50-foot setback, it may. But in developing an alternative to the safe harbor, it would have to complete the standard Goal 5 process, which would take more work. In Tigard's case, it is estimated that it would require 1,000 hours of staff time to complete the ESEE process for wetlands and riparian zones. The rules establish separate provisions for each type of resource listed in Goal 5. Key provisions for riparian corridors include a definition of "riparian corridor" and a requirement for local inventories, a "safe harbor" definition, and protection provisions. The protection provisions include a standard setback for structures and certain land uses. For wetlands, the rule requires local inventories based on Division of State Land (DSL) rules. It requires local governments to make decisions in advance about whether wetlands will be protected. All local governments must coordinate with DSL and the Corps of Engineers regarding inventories of wetlands and local decisions that affect inventoried wetlands. Staff Report ZOA 97-0001 Water Resources Overlay District Page 2 The proposed "WaterWesources Overlay District" follows the• safe harbor i gu deletes established by LCDC. It protects fish bearing streams and significant wetlands and imposes a 75-foot standard setback form the Tualatin River and a 50-foot standard setback from Fanno, Ball, and Ash Creeks. Where wetlands are located within the riparian buffer zone, the buffer incorporates or "balloons" around the wetland. These standard setbacks may be reduced by 50% by restoring or enhancing a degraded buffer. Other flexibility provisions included in the ordinance are: a_har_dship variance, a reduction in the underlying zoning dimensions, and a comprehensive amendment process and ESEE analysis option. The hardship variance addresses a situation where a parcel may be rendered not buildable by the imposition of the ordinance. If the city imposes regulations that deny any beneficial use of a property, the city may be subject to a "takings" claim. This provision provides a strategy to deal with this issue. A reduction in the underlying zoning regulations, such as setback from the street, provide a reasonable compensation to land owners for imposing a wider water resource setback, without affecting the public health or safety. The comprehensive plan amendment and ESEE process is intended to be difficult to accomplish. It provides a safety value for a limited number of developments that can show, through an analysis of benefits and liabilities, that is more important to allow development than to protect a water resource. Safe harbor does not prescribe a buffer for non-fish bearing streams and isolated wetlands not located within the floodplain. According to state agency maps, non-fish bearing streams within Tigard include Ash Creek, North Fork and Summer Creek. Examples of isolated wetlands include the Wetland Conservancy's Hart wetland and the Jack Park wetland. The city's existing 25-foot setback would continue to be the standard of protection applied to these and other non-fish bearing streams and isolated wetlands. In summary, the present proposal uses the LCDC safe harbor provisions to meet the city's obligation for riparian corridor and wetlands planning as set forth by LCDC in Goal 5. IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Statewide Planning Goals 1, 2, and 5; City of Tigard Comprehensive Plan Policies 3.1.1; 3.2.4; 3.4.1.a; 3.4.2a; and 3.4.2d; and Community Development Code Section 18.30. The proposal is consistent with the applicable Statewide Planning Goals based on the following findings: 1. Goal 1, Citizen Involvement, is met because the City has followed its adopted citizen involvement program which involved review by its Citizen Involvement Team structure and public hearings as listed below. The City's Citizen Involvement Policies in the Comprehensive Plan have been acknowledged to be in compliance with Goal 1. Notice for all hearings was provided in the Tigard Times which summarized and outlined the amendments being made to existing code provisions and was done so for each public hearing. Copies of the ordinance drafts have been available at least seven days prior to the hearings, which follows Community Development Code Procedure. Staff Report ZOA 97-0001 Water Resources Overlay District Page 3 • • 2. Goal 2, Land Use Planning, is met because the City applied all relevant Statewide Planning Goals, City Comprehensive Plan Policies and Community Development Code requirements in review of this proposal. 3. Goal 5, Open Spaces, Scenic and Historic areas, and Natural Resources is met because the provisions of the overlay district are consistent with the:"safe_harbor guidelines for riparian'corridors and.significant wetlands set=:forth °in .the-.Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. The proposed measures implement the provisions of the Goal 5 safe harbor program for resolving conflicts between development and protection of these resources. ' This program calls for the protection of fish bearing streams and significant wetlands and the establishment of mandatory setbacks. The proposal is consistent with the City's acknowledged Comprehensive Plan based on the following findings: 1. Policies 1:1.1.e and c. are satisfied because the proposed code changes are consistent with Statewide Planning Goals as indicated above and the changes help to keep the development code current with local needs and recent administrative rule changes. 2. Policies 2.1.1 and 2.1.3 are satisfied because the proposal has been=reviewed at public hearings and through the City's Public Involvement process. 3. Policy 3.1.1 is satisfied because this policy. calls for development control of wetlands and these provisions provide a tool consistent with recent administrative rules to protect these resources. 4. Policy 3.2.4 is satisfied because the overlay prohibits development with areas designated as significant wetlands and establishes 50 to 75 feet setbacks from the edges of designated wetland areas. 5. Policy 3.4.1.a is satisfied because the proposal designates significant wetlands according to the criteria and procedures for the identification of significant wetlands established in the "Final Approved Administrative Rules for Identifying Significant Wetlands" adopted by the Division of State Lands. 6. Policy 3.4.2.a, which calls for the protection of fish and wildlife habitat along stream corridors, is satisfied because the proposal establishes mandatory setbacks from the top of banks and the edges of wetlands associated with stream corridors and by requiring that the areas within these setbacks remain undisturbed or enhanced with native vegetation. 7. Policy 3.4.2.d is satisfied because the proposal addresses Goal 5 rule requirements pertaining to the preservation of wetlands, includes a determination of which are ecologically and scientifically significant, and includes citizen participation. Staff Report ZOA 97-0001 Water Resources Overlay District Page 4 8. Community D. •pment Code Section 18.30, whi. Otablishes procedures for legislative code changes, is satisfied according to the above findings. V. OTHER STAFF COMMENTS The City of Tigard Operations Division has reviewed the proposal and have offered no comments or objections. The City of Tigard Engineering Division has reviewed the proposal and have offered the following comments: Although much improved by not requiring the city to obtain a permit before doing maintenance, 18.85.050C still requires the "Engineering Division" (should be Department) to direct city maintenance crews or contractors. I recommend that this be revised so the city maintenance crews are directed by Public Works and that co ntractors are not directed by city employees. _; c C:. I would also recommend that we confirm Ed Wegner has had an opportunity to review this. This also obligates the Engineering Department to provide "Standards and Specifications for Riparian Area Management".,-' Note: the proposal has been revised to include the recommended changes. The City of Tigard Building Division has reviewed the proposal and have offered the following comments. 18.85.060.D.1 and 2: Soils report needs to comply with all applicable provisions of the current grading and excavation requirements adopted in the Building Ordinances of the city or other similar language. Note: This change will be made as requested. VI. AGENCY AND CIT COMMENTS Tualatin Riverkeepers; Association of Northwest Steelheaders, Tigard Chapter; Metropolitan Area Homebuilders; Tigard Chamber of Commerce; Division of State Lands; Washington County Dept. of Land Use & Transportation; Metro; Oregon DLCD; ODOT; and members of the East Citizen Involvement Team have all had the opportunity to review the proposal and have offered no comments or objections. The East and West CITs in a joint meeting reviewed the proposal and formally recommended that all potentially affected property owners be notified of the proposal and of the hearing schedule set for its adoption. Note: All owners of property with wetlands or stream channels will be sent written notice of the proposal and hearing schedule, as recommended. Staff Report ZOA 97-0001 Water Resources Overlay District Page 5 The South CIT has R. (Red the proposal and has offered �. .Tollowin g comments: 1. In determining the classification of streams, maximum flow and velocity should be considered. 2. How would this proposal apply to the Cook Park wetlands? Would the 25 or 75 foot setback apply to the wetlands in the park? 3. How do city floodplain regulations relate to the proposal? 4. Are fish bearing ponds addressed in the ordinance? 5. Buffers wider than the minimums the state prescribes should be considered. Note: The two large wetlands located in the lower or riverfront section of Cook Park are located within 75 feet of the Tualatin River. Therefore, under the proposed ordinance, the buffer from the outer boundary of these wetlands would be 75 feet. The various park wetlands located north of these lower wetlands fit the definition of isolated wetlands. Therefore, a 25 foot buffer would apply. The city floodplain regulations do not relate to these proposed new regulations. The floodplain and wetland regulations would function as conjunctive requirements. No fish bearing ponds are identified in the state agency map sources used to classify Tigard streams. The Unified Sewerage Agency has reviewed the proposal and has offered the following comments: 1. It appears that this proposed code is quite similar to the Metro 2040 Framework Plan Title 3 and draft model ordinance. With some modifications (primarily buffer width on "minor streams"), this code could likely be submitted by Tigard to Metro as substantially in compliance with Title 3 and the model ordinance. Is this the intent? I would be happy to discuss this further with you; or you may wish to contact Rosemary Furfey at Metro for more information. Also, is this proposed code meant to provide substantial compliance with certain sections of USA's July 1996 Design and Construction Standards (which are required to be implemented by the Cities)? Or is it in addition to these requirements? It is unclear to me how these requirements will work together. We may want to discuss the proposed code more in this regard. 2. In several locations in the proposed code, you refer to the "USA Water Quality Buffer." As you know, the City of Tigard must adopt and administer equivalent or more stringent requirements than USA's surface water management codes. It may be more appropriate, therefore, to reference Tigard's code section that requires a 25-foot vegetated corridor rather than USA's. 3. Definition section, F & G: Major and Minor streams: It seems inappropriate to only call Fanno, part of Ash, and Ball Creeks as Major streams. From a water resources and riparian resources standpoint, Summer, Red Rock, and Dairy Dell Creek offer similar features and benefits. Recent studies by the Oregon Department of Fish and Wildlife and by Kurahashi and Associates (for the Fanno Creek Watershed Plan) both indicate that fish are present in all these creeks. Significant wetlands and riparian vegetation, providing filtering, shading, stream Staff Report ZOA 97-0001 Water Resources Overlay District Page 6 bank protectic. nd other water quality benefits a.. esent on sections of the Red Rock, Dairy Dell, and Summer Creek. Also, a teacher at Fowler Middle School and his students have been actively enhancing Summer Creek and releasing Steelhead fingerlings into the creek. We encourage you to apply equal treatment to all these streams. 4. Definitions Section, item H: I believe the City should have already adopted a native plants list by adopting USA's latest design and construction standards (July 1996) - you could reference this. 5. Table 18.85(1): Note 2 indicates measurement from the "minor" stream top of bank - this is not correct - the water quality buffer measurement applies to all streams. 6. Section 18.85.030, item D: it is Unified not United Sewerage Agency. Also, as previously indicated, Tigard is actually responsible for applying USA's SWM standards within the City. 7. Section 18.85.050, item C: I suggest that exemptions 3 (non-native vegetation removal) and 5 (routine maintenance...) should have associated requirements for replanting of these areas with native vegetation. r 8. Section 18.85.050, item C vs. Table 18.85.050(D): The Table, under Type II uses, #h, suggests that enhancement projects must go through a permit process and that a mitigation plan is required, whereas item C, #2, indicates that stream restoration and enhancement programs are exempt. Which is the case? What will be the requirements on a volunteer group that wants to do some native plantings and/or simple stream bank stabilization projects using plant materials? I hope this does not mean such a group will have to pay a permit fee, and hire a consultant in order to perform such a public service. 9. Section 18.85.060, item D, #4. Stream bank Conditions Report: I have several issues with this requirement. First, there is no "hydrological engineer" registration in Oregon - you could ask for a "registered professional engineer." Second, since stream bank conditions assessment is not specifically a specialty of hydrologic engineers or wildlife biologist, I suggest broadening out the requirements of who can prepare this report y u should at least allow it to be prepared by: "a biologists,tlandscape architect, and/or professional engineer." Third, requiring that a consultant provide measures that "would be successful in restoring the stream to its pre-disturbance condition" is unrealistic, and in most cases inappropriate. As development occurs in a watershed, the hydrology changes, which is going to change the nature of the stream channel - it can't go back to it's previous condition. The desired condition is one that is in balance under current hydrologic conditions_(meaning the stream channel can convey its sediment load, has vegetation on banks and floodplains, has a low flow channel, and can convey flood flows. Also, streams will naturally meander and do some bank cutting - this can't be entirely prevented. I'm not convinced it's appropriate to make an individual responsible for 'fixing' what may be a watershed problem. 10. Section 18.85.070, item B, Conditions: What is a "landscape expert?" I don't believe you will find many, if any, professionals who will CERTIFY that all the Staff Report ZOA 97-0001 Water Resources Overlay District Page 7 standards ca. ee met, especially standards th. a • re impacted by offsite conditions, such as stream bank conditions, fisheries and wildlife. 11. Section 18.85.080, B.1.: What is a "water quality engineer"? There is no such license. Again, I .don't think many;registered engineers_would certify that the water.resource swill not;be'diminished. You can ask them to certify that:designs of facilities, etc.; in these areas\meet specific design criteria - but the designer does not have control over all site activities and natural conditions that will impact water resources and water quality. (For a reference of a reasonable certification requirement - see USA's July 1996 Design and Construction Standards - Section 3.11.5.e(1) - page 34). 12. Section 18.85.080.J.9: This references an out of date handbook. The current handbook is "Erosion Prevention and Sediment Control Plans Technical Guidance Handbook" (City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised, February 1994). 13. Section 18.85.090.C.3: Again, I suggest the mitigation plan be prepared by a biologist, landscape architect, and/or registered professional engineer. I also have concerns as previously noted about the certification requirements, given unknown and uncontrollable (by the applicant) offsite conditions. Also, how do you or an applicant determine what is "substantially improved" fish and wildlife habitat and water quality? Notes: The Metro 2040 draft model ordinance has not been adopted as yet. Adoption is scheduled to occur in fall 1997. As presently proposed, local jurisdictions will have two years from the date of adoption to achieve compliance. The intent of the Tigard ordinance is to use safe harbor to achieve compliance with the state Goal 5 planning process for wetlands and riparian corridors. Another intent is to meet the deadline for completion of a DSL planning grant used to fund the preparation of this ordinance. Although the primary focus is on meeting these state obligations, substantial portions of 2 the Tigard `Water Resources Overlay District" are intended_to mesh with the-draft Metro , 2040 .model_ordinance. - However, since it is subject to change, no attempt has been made in the city ordinance to fully line up with the latest available draft version of the Metro model ordinance. The 1996 USA Design and Construction Standards previously have been adopted. The proposed overlay district ordinance will impose requirements conjunctive to these design standards. The new state Goal 5 ordinance is somewhat ambiguous in discussing the information that should be consulted in order to classify streams. The present ordinance relied upon maps provided by the Oregon Departments of Forestry and Fish and Wildlife. The ordinance indicates that these maps may be used to inventory streams under the safe harbor process. In response to the USA and similar comments by others, a broader review of the various information sources available -on the presence of fish in local streams will be conducted prior to the public hearing. With regard to enhancement projects, the intent of the ordinance is to distinguish between city and volunteer group enhancement projects, on the one hand, and developer enhancement projects, on the other. Enhancement projects designed to win a reduction in the buffer width in conjunction with development will require a higher level Staff Report ZOA 97-0001 Water Resources Overlay District Page 8 of review than city at It-profit group p rojects. VolunteL oups will not be required to hire a consultant in order to complete stream restoration and enhancement projects. This::point'.will_be clarified in "revisions::b the ordinance. The ordinance does not establish a fee for volunteer or developer projects. Fees are set through a separate process. In the past, the city's practice has been to encourage and support volunteer stream corridor restoration efforts. The other comments relate to terminology. These suggested changes will be considered and included in a revised ordinance as appropriate. The Wetlands Conservancy has reviewed the proposal and have offered the following comments: I have reviewed the proposed ordinance and while there are always a few things that have questions on, I find the Ordinance a good piece of work. My one big concern lies with administration. I hope that the City does not grant too many reductions of the required setback as provided for in 18.85.090. I also think that the 3,000 square feet of residential encroachment (18.85.100 B.4) is excessive. Given the trend toward smaller, narrower lots, 3,000 square feet could wipe out almost an entire buffer. Buffers along streams and around wetlands are extremely important for water quality and wildlife protection. When the buffer is diminished to a bare 25 feet, its function is greatly compromised. Density transfers will also result in smaller lots in order to recoup the area given over to water area buffers. I am in favor of reduced front yard requirements in order to permit adequate rear yard setback from a water area. In my opinion, most front yards are a total waste of valuable urban open space, anyhow. Specifically, I have the following suggestions: 18.85.080 B-1 - change "certify" to "state" B-2 - ...setback area as "practicable" is a big loop-hole. It should be more specific. C - 2nd line, delete word "unnecessarily." It is also a big loop-hole. D. - last line "minimize" ...to what specific extent? ....another loop-hole. E. Line two - change "avoided" to "prohibited." 18.85.090 Section B is missing. Perhaps this is just a typo C.2 - Line 4 - Shouldn't the 1:5 basis be 1:1.5 C.3 - Line 3 "certify" is impossible. When natural systems are at work, no one can "certify" anything. They can "state" something, but to certify is to guarantee, which cannot be done. "Certify" is used elsewhere in this draft. Note: The rationale for the 3,000 square feet is that this is the city's standard minimum lot size for single family development. This amount of encroachment may be appropriate in case's where an entire lot is located within the water resource and buffer area. This recommended maximum standard may be revised downward at Planning Commission's discretion. The other proposed changes are editorial and will be considered for incorporation into a revised version of the proposed ordinance to be completed prior to the public hearing. Staff Report ZOA 97-0001 Water Resources Overlay District Page 9 The Friends of Fa. Creek have reviewed the pro, el and have offered the following comments: The city should be aware that a parallel Metro water resource planning process is underway. The new city regulations will be subject to change after the new Metro model ordinance is adopted. The Friends of Summer Creek have reviewed the proposal and have offered the following comments: Summer Creek has been documented as countering fish and should be classified as a fish-bearing stream. All drainageways with flowing water in summer should be protected with a 10 to 15 foot setback. These small drainageways are part of the natural system and have an effect on the thermal pollution of the streams they drain to. Requiring non-profit groups to obtain permits for natural area restoration projects within required setback areas is a good idea. However, these requirements should not be unduly burdensome. They should not involve a fee or require the groups to hire an engineer to develop or certify their plans. No other comments have been received. 5/8/97 PREPARED BY: Duane Roberts DATE Associate Planner Staff Report ZOA 97-0001 Water Resources Overlay District Page 10 . The Friends of Far OCreek have reviewed the prof • and have offered the • following comments: The city should be aware that a parallel Metro water resource planning process is underway. The new city regulations will be subject to change after the new Metro model ordinance is adopted. The Friends of Summer Creek have reviewed the proposal and have offered the following comments: Summer Creek has been documented as countering fish and should be classified as a fish-bearing stream. All drainageways with flowing water in summer should be protected with a 10 to 15 foot setback. These small drainageways are part of the natural system and have an effect on the thermal pollution of the streams they drain to. Requiring non-profit groups to obtain permits for natural area restoration projects within required setback areas is a good idea. However, these requirements should not be unduly burdensome. They should not involve a fee or require the groups to hire an engineer to develop or certify their plans. No other comments have been received. - 5/8/97 PREPARED BY: L/buane Roberts DATE Associate Planner Staff Report ZOA 97-0001 Water Resources Overlay District Page 10 • • 18.85.00 FOURTH DRAFT WATER RESOURCES (WR) OVERLAY DISTRICT 18.35.010 Purpose 1 18.85.020 Definitions 2 18.85.030 Applicability and Generalized Mapping 3 Table 18.35(1) Riparian Setbacks and Water Quality Buffers 4 18.85.040 Exception for Developed Single-Family Residential Subdivision Lots 5 18.85.050 Permitted, Conditional and Prohibited Uses 5 Table 18.85.050(D): Water Resources Overlay District Use List 6 18.85.060 Application Requirements 7 18.85.070 Decision Options and Conditions 9 18.85.080 Development Standards 10 18.85.090 Riparian Setback Reductions 13 18.85.100 Adjustments to Underlying Zone Setback Standards 14 18.85.110 Density Transfer 14 18.85.120 Variances to Chapter 18.85 Standards 15 18.85.130 Plan Amendment Option 15 18.85.010 Purpose A. General. The Water Resources (WR) overlay district implements the policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between development and conservation of significant wetlands, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear and objective standards to: protect significant wetlands and streams; limit development in designated riparian corridors; maintain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; • maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. B. Safe Harbor. The WR overlay district also meets the requirements of Statewide Planning Goal 5 (Natural Resources) and the "safe harbor" provisions of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. Fourth Draft-City of Tigard Water Resources Overlay District WPS- 5/7/97 - Page 1 • • 18.85.020 Definitions The definitions of OAR 660-23-090(1) are incorporated herein by reference. A. The "riparian corridor" includes a river or a major stream, associated wetlands, and the "riparian setback" area. B. The "riparian setback area" is measured horizontally from and parallel to major stream or Tualatin River top-of-banks, or the edge of an associated wetland (see definition under K.2.), whichever is greater. The riparian setback is the same as the "riparian corridor boundary" in OAR 660-23-090(1)(d). 1 . The standard Tualatin River riparian setback is 75 feet, unless modified in accordance with this chapter. 2. The major streams riparian setback is 50 feet, unless modified in accordance with this chapter. 3. Isolated wetlands and minor streams (including adjacent wetlands) have no riparian setback; however, a 25-foot "water quality buffer" is required by the Unified Sewerage Agency (USA). C. "Disturbed areas" are identified portions of the riparian setback area that are devoid of vegetation or which are overgrown with non-native or invasive plant species, such as English ivy or Himalayan blackberry. In contrast, identified portions of the riparian setback area that are dominated by native plant species are not disturbed. D. "Mitigation plan" means a detailed plan to compensate for identified adverse impacts on water resources, riparian setback areas or water quality buffers that result from alteration, development, excavation or vegetation removal within the WR overlay district. A mitigation plan must be prepared by recognized experts in fish and wildlife biology, native plants, and hydrological engineering, and (usually) re-planting with native plant species. E. The Tualatin River is mapped as a fish bearing stream by the Oregon Department of Forestry and has an average annual flow of more than 1000 cfs. F. "Major streams" are mapped as "fish-bearing streams" by the Oregon Department of Forestry and have an average annual flow less than 1000 cubic feet per second (cfs). 1. Major streams in Tigard include Fanno Creek, Ash Creek (except the north fork and other tributary creeks) and Ball Creek. 2. In contrast, the Tualatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1000 cfs. G. "Minor streams" are not "fish-bearing streams" according to Oregon Department of Forestry maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain short tributaries of the Tualatin River. Fourth Draft-City of Tigard Water Resources Overlay District WPS-5/7/97 - Page • • H. "Native plant species" are those listed on the Portland Plant List, which is incorporated by reference into this chapter. I. "Top-of-bank" usually means a clearly recognizable sharp break in the stream bank. It has the same meaning as "bankfull stage" as defined in OAR 141-85- 010(2): It is the stage or elevation at which water overflows the natural banks of streams and begins to inundate the upland. In the absence of physical evidence, the two-year recurrence interval flood elevation may be used to approximate the bankfull stage. J. The "Tigard Wetlands and Riparian Corridors Map" identifies all "significant" water resources within the Tigard Planning Area, including the Tualatin River corridor, all major stream corridors, minor streams and isolated wetlands. This generalized, composite map is based on the City of Tigard Local Wetlands Inventory (LWI) prepared by Fishman Environmental Services, 1994, hereby adopted by reference. All water resources identified on the Tigard Wetlands and Riparian Corridors Map meet the Division or State Lands (DSL) definition of a "Locally Significant Wetland." K. A "Wetland" is an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 1 . A "Significant Wetland" is a wetland, or a significant but non-f ish- bearing stream, which appears on the City of Tigard Wetlands and Riparian Corridors Map. 2. An "Associated Wetland" is a significant wetland, all or part of which is (a) within 75 feet of the Tualatin River top-of-bank, or (b) within 50 feet of any major stream top-of-bank. 3. An "Isolated Wetland" is a significant wetland, all of which is located outside of the riparian setback. 4. A "Non-Significant Wetland" is a wetland that does not meet the Division of State Lands definition of a Locally Significant Wetland and which, therefore, does not appear on the City of Tigard Wetlands and Riparian Corridors Map. Non-significant wetlands are not regulated by this chapter, but do require DSL notification under ORS 227.350. 18.85.030 Applicability and Generalized Mapping A. WR Overlay District Application. The WR overlay district applies to all significant wetlands and streams, and applicable riparian setback and water quality buffer areas, that appear on the Tigard Wetlands and Stream Corridors Map. The standards and procedures of this chapter: 1 . apply to all development proposed on property located within, or partially within, the WR overlay district; • Fourth Draft-City of Tigard Water Resources Overlay District WPS- 5/7/97 - Page 3 • • 2. are in addition to the standards of the underlying zone; and 3. in cases of conflict, supersede the standards of the underlying zone. B. The Tigard Wetlands & Stream Corridors Map identifies, generally, the tops- of-bank, wetland edges, riparian setbacks and water quality buffers for the following significant water resources: 1. The Tualatin River riparian corridor; 2. Major stream riparian corridors; 3. Minor streams; and 4. Isolated wetlands. C. Standard Riparian Setbacks and USA Water Quality Buffers. The applicant shall be responsible for surveying and mapping the precise location of the top-of- bank, wetland edge, riparian setback and/or USA water quality buffer at the time of application submittal. Table 18.85(1) summaries standard riparian setbacks and water quality buffers that apply to significant water resources within the WR overlay zone. • Table 18.85(1) Riparian Setbacks and Water Quality Buffers WR STANDARD USA STANDARD RIPARIAN WATER QUALITY SIGNIFICANT WATER RESOURCE TYPE SETBACK' BUFFER2 Tualatin River & associated wetlands 75 feet 25 feet Major streams & associated wetlands 50 feet 25 feet Developed subdivision lot exception 25 feet 25 feet (major streams & associated wetlands) Minor streams & adjacent/isolated wetlands Not applicable 25 feet Measured in feet from the top-of-bank or the associated wetland edge, whichever is greater. 2 Measured in feet from the minor stream top-of-bank or the wetland edge, whichever is greater. D. Division of State Lands Notification Required. In addition to the restrictions and requirements of this Section, all proposed development activities within any wetland are also subject to Oregon Division of State Lands (DSL) standards and approval. Where there is a difference, the more restrictive regulation shall apply. The applicant shall be responsible for notifying DSL whenever any portion of any wetland is proposed for development, in accordance with ORS 227.350. No application for development will be accepted as complete until documentation of such notification is provided. E. United Sewerage Agency Standards Applicable. All development activities proposed within 25 feet of any wetland or stream are subject to USA standards and approval. Fourth Draft-City of Tigard Water Resources Overlay District WPS- 5/7/97 - Page 4 • • 18.85.040 Exception for Developed Single-Family Residential Subdivision Lots Tigard has many approved residential subdivisions, where the side or rear yards have been cleared of riparian vegetation, and developed or planted in lawns. A. Method of Identifying Developed Subdivision Lots. Developed subdivision lots were identified based on a comprehensive analysis of aerial photographs. B. 25-Foot Riparian Setback Applicable. The Tigard Wetlands & Stream Corridors Map shows a 25-foot riparian setback for developed subdivision lots, because: 1 . Water resource values have already been substantially degraded, and maintenance of the 50-foot riparian setback would not serve the purposes of this chapter; and 2. Equal protection of the identified major stream resource is ensured by retaining a 25-foot riparian setback and reliance on USA's maximum water quality buffer. C. Type I Review Procedure. The location of structures on identified developed •subdivision lots shall be approved under Type I procedure, provided that such structures are located at least 25 feet from the top-of-bank or the associated wetland edge. 18.85.050 Permitted, Conditional and Prohibited Uses • A. DSL Approval Required. Development proposed within any wetland or stream, in addition to meeting the standards of this chapter, shall also be approved by DSL. B. USA Buffer Standards Applicable. Development proposed within 25 feet of any wetland or stream shall also be approved by the City of Tigard Engineering Division, which administers USA standards. Compliance with USA is necessary but nor sufficient for compliance with this chapter. C. City of Tigard Exemption. When performed under the direction of the city, and in compliance with the provisions of the City of Tigard Standards and • Specifications for Riparian Area Management, on file in the Engineering Division, the following shall be exempt from the provisions of this chapter: 1 . Public emergencies, including emergency repairs to public facilities; 2.. stream restoration and enhancement programs; 3. non-native vegetation removal; 4. planting of native plant species; and 5. routine maintenance or replacement of existing public facilities projects. D. • Permitted and Conditional Uses. Table 18.85.050(D) below summarizes permitted, conditional and prohibited uses within the WR district. A "Yes" indicates • Fourth Draft-City of Tigard Water Resources Overlay District WPS- 5/7/97 - Page 5 • • • that the use is permitted in the case of Type I uses, is allowed under prescribed conditions in the case of Type II uses, or may be approved subject to discretionary criteria under Type Ill standards (for descriptions of Type I, II and Ill see 18.85.060). A "No" indicates that the use is not permitted. A use that is not permitted may not be approved through the variance provisions of this chapter. Table 18.85.050(D): Water Resources Overlay District Use List Regulated Activity & Procedure Type 1. Type I Permitted Uses with Mitigation Riparian Minor Streams Mitigation Plan Setback Area . Isolated Wetlands Required? a) Determination of Water Resource and Yes Yes No Riparian Setback boundaries b) Low impact, passive, or water related recreation facilities and trails including, Yes . No No but not limited to, viewing shelters, picnic tables, nature trails and interpretive signs c) Irrigation pumps Yes Yes No d) Replacement of existing structures with new structures that do not disturb any Yes Yes No . additional riparian surface area e) Removal of non-native vegetation and replacement with native plant species, Yes Yes Yes no closer than 10' from the top-of-bank or edge of wetland f) Removal of vegetation necessary,for hazard prevention (dangerous trees) - Yes Yes No g) Perimeter mowing of existing cultivated Yes Yes No lawns h) Canoe and non-motorized boat launches Yes No No less than 10' in width i) Repair and maintenance of existing Yes Yes No facilities 2. Type II Permitted Uses with Mitigation Riparian Minor Streams Mitigation Plan where no reasonable alternative exists Setback Area Isolated Wetlands Required? a) Adjustments to numeric standards of the Yes Yes Yes • underlyinh zone necessary to reduce impacts on wetlands and streams b) Reduction in Riparian Setback boundary Yes Not applicable Yes c) Public facilities that appear on the City's • Yes Yes Yes Public Facilities Plan d) Local streets and driveways serving residences and public facilities Yes Yes Yes • e) Underground drainage facilities Yes No Yes f) Utility crossings Yes Yes Yes g) Underground utilities Yes Yes h) In-stream and streambank enhancement, including vegetation removal and Yes Yes Yes replacement within 10 feet of the top-of- bank or edge of wetland • i) Bridges and boardwalks Yes Yes Yes Fourth Draft-City of Tigard Water Resources Overlay District WPS- 5/7/97 - Pace 6 • • 3. Type HI -- Conditional Uses Riparian Minor Streams. Mitigation Plan Setback Area Isolated Wetlands Required? a) Hardship Variances, subject to variance Yes Yes Yes provisions of Chapter 18.120 - b) Water-related and water-dependent uses Yes No Yes not listed above, subject to conditional use provisions of Chapter 18.130 4. Prohibited Uses - unless specifically Riparian Minor Streams Mitigation Plan authorized above Setback Area Isolated Wetlands Required? a) Removal of native plant species No No Not applicable b) Placement of structures or impervious No No Not applicable surfaces c) Grading and placement of fill No No Not applicable d) Application of herbicides No No Not applicable e) Dumping of garbage or lawn debris or No No Not applicable other unauthorized materials f) Creation of a parcel that would be Not applicable wholly within the WR district or resulting No No in an'unbuildable parcel, as determined by the director. • 18.85.060 Application Requirements All development applications on lots within, or partially with, the WR overlay district shall submit the following information, in addition to other information requirements required by this code. A. Type I Uses. The applicant shall prepare a plan that demonstrates that the use will be constructed and located so as to minimize grading, and native vegetation removal, and the area necessary for the use. The director may require additional information where necessary to determine WR district boundaries or to mitigate identified impacts from a proposed development, including but not limited to: 1 . a site survey as prescribed in Section 18.85.060.B; 2. one or more of the reports described in Section 18.85.060.D. B. Type II and III Uses: Site Specific Survey Required. If any Type II or III use or activity is proposed within a water resource, riparian setback or water quality buffer area, the applicant shall be responsible for preparing a survey of the entire site that precisely maps and delineates the following: 1 . The name, location and dimensions of significant minor streams (including adjacent wetlands), major streams or rivers (including associated wetlands), and the tops of their respective streambanks or wetland edges. 2. Isolated wetlands. 3. The area enclosed by the riparian setback. 4. The area enclosed by the USA water quality buffer. 5. Steeply sloped areas where the slope of the land is 20% or greater. 6. Existing public rights-of-way, structures, roads and utilities. • - Fourth Draft-City of Tigard Water Resources Overlay District WPS- 5/7/97 - Page 7 • • 7. Vegetation, including trees or tree clusters and understory. 8. Existing and proposed contours at 2-foot intervals. C. Site Specific Water Resource and Riparian Setback Determinations. The required survey of identified water resources and their respective riparian setbacks and water quality buffers, required by Section 18.85.060.8, shall serve as the basis • for refining the Tigard Wetlands and Stream Corridors Map. 1 . The determination of the location of water resources, riparian setbacks and water quality buffers shall be made under Type I procedure. 2. If excavation, vegetation removal or development is proposed completely outside of a water resource, riparian setback or water quality buffer, no further WR overlay zone requirements apply. • 3. Permitted and conditional uses within surveyed riparian setback areas are limited to those described in Section 18.85.050 and subject to the development standards of this chapter. D. Type II and III Uses: Required Studies and Mitigation Reports. Each of the following studies shall be required whenever any Type II or III use is proposed within the WR overlay district. Each required report must consider the City of Tigard Local Wetlands Inventory (Fishman Environmental Services, 1994), shall be in addition to the submission of information required for specific types of development, and shall be prepared by professionals in their respective fields. The Planning Director may exempt permit applications from one or more of these studies, based on specific findings as to why the study is unnecessary to determine compliance with this chapter. This determination must be made, in writing, at or immediately following the required pre-application conference and prior to application submittal. 1 . Hydrology and Soils Report. This report shall include information on the hydrological activities of the site, the effect of hydrologic conditions on the proposed development, and any hydrological or erosion hazards. This report shall also include soils characteristics of the site, their suitability for development, and erosion or slumping characteristics that might present a hazard to life and property, or adversely affect the use or stability of a public facility or utility. Finally, this report shall include information on the nature, distribution and strength of existing soils, the adequacy of the site for development purposes, and an assessment of grading procedures required to impose the minimum disturbance to the natural state. The report shall include recommendations to assure compliance with each applicable provision of this code, and shall be prepared by a professional engineer registered in Oregon. 2. Grading Plan. The grading plan shall be specific to a proposed physical structure or use and shall include information on terrain (two-foot intervals of property), drainage, direction of drainage flow, location of proposed structures and existing structures which may be affected by the proposed grading operations, water quality facilities, finished contours or elevations, including all cut and fill slopes and proposed drainage channels. Project designs including but not limited to locations of surface and subsurface devices, walls, dams, sediment basins, storage reservoirs, and other protective devices shall form part of the submission. The grading plan shall also include a construction phased erosion control,plan consistent with the provisions of this code and a Fourth Draft-City of Tigard Water Resources Overlay District WPS- 5/7/97 - Pane 8 • • schedule of operations and shall be prepared by a professional engineer registered in Oregon. , 3. Vegetation Report. This report shall consist of a survey of existing vegetative cover, whether it is native or introduced, and how it will be altered by the • proposed development. The report shall specifically identify disturbed areas (i.e., areas devoid of vegetation or areas that are dominated by non-native or invasive species) and the percentage of crown cover. Where a reduction in the riparian setback is proposed, measures for re-vegetation and enhancement with native plant species will be clearly stated. The vegetation report shall include recommendations to assure compliance with each applicable provision of this code, and shall be prepared by a landscape architect, landscape designer, botanist or arborist with specific knowledge of native plant species, planting and maintenance methods, survival rates, and their ability to enhance fish and wildlife habitat and to control erosion and sedimentation. 4. Streambank Conditions Report. This report is only necessary if a reduction in the riparian setback area is proposed. The streambank conditions report shall consist of a survey of existing streambank conditions, including types of vegetative cover, the extent to which the streambank has been eroded, and the extent to which mitigation measures would be successful in restoring the stream to its pre-disturbance condition. Measures for improving fish and wildlife habitat and improving water quality will be clearly stated, as well as methods for immediate and long-term streambank stabilization. The streambank conditions report shall include recommendations to assure compliance with each applicable provision of this code, and shall be prepared by a wildlife biologist in concert with a hydrological engineer registered in Oregon. The report shall specify long-term maintenance measures necessary to carry out the proposed mitigation plan. 18.85.070 Decision Options and Conditions A. Decision Options. The Approval Authority may approve, approve with conditions, or deny an application based on the provisions of this chapter. The Approval Authority may require conditions necessary to comply with the intent and provisions of this chapter. B. Conditions. The required reports shall include design standards and recommendations necessary for the engineer and landscape expert to certify that the standards of this section can be met with appropriate mitigation measures. These measures, along with staff recommendations, shall be incorporated as conditions into the final decision approving the proposed development. C. 'Assurances and Penalties. Assurances and penalties for failure to comply with mitigation, engineering, erosion and water quality plans required under this section shall be as stated in Chapter 18.24. • Fourth Draft=City of Tigard Water Resources Overlay District WPS-5;7/97- Pane 9 • • 18.85.080 Development Standards The following shall apply to all development, including native vegetation removal and excavation, within the WR overlay district. No application for a use identified in Section 18.85.050 shall be deemed complete until the applicant has addressed each of these standards in writing. A. Alternatives Considered. Except,for stream corridor enhancement, most Type II and Ill uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and Ill development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. B. Minimize Siting Impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. 1. For Type II and Ill uses, the water quality engineer must certify that water • quality in the affected water resource will not be diminished as a result of the development proposal. 2. For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as practicable. C. Construction Materials and Methods. No construction materials or methods may be used within the riparian setback area that would unnecessarily damage water quality or native vegetation. D. Minimize Flood Damage. Above-ground residential structures shall not be permitted within the WR overlay district, where such land is also within the 100-year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain • shall be designed to minimize flood damage, consistent with Chapter 18.84. E. Avoid Steep Slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25 percent or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. F. Minimize Impacts on Existing Vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. 1. Temporary measures used for initial erosion control shall not be left in place permanently. 2. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation. 3. Trees shall not be used as anchors for stabilizing working equipment. Fourth Draft-City of Tigard Water Resources Overlay District ;ITS- 5/7'97 - Pace 10 • • 4. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area. 5. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place. 6. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. G. Vegetation Mitigation Plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.85.090, a mitigation plan shall be prepared and implemented. 1 . The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis. 2. Where approval is granted to reduce the riparian setback area,.the applicant shall be responsible for mitigating for the reduced setback by replacing non- native vegetation with the remaining, protected riparian setback area on a 1 .5:1 basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re-planted with native plant • species. 3. The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival - of any replacement plants for an additional two years after their replacement. • H. Water and Sewer Infiltration and Discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. On-Site Systems. On-site septic systems and private wells shall be prohibited within the WR overlay district. J. Erosion Control Plan. If a Type II or III use is proposed within.a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: • 1 . Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion. 2. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only. 3. Construction activity will take place during the dry season (June- October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction. 4. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not Fourth Draft-City of Tigard Water Resources Overlay District WPS- 517;97 - Page I I • • be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded., 5. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff. 6. A stabilized pad of gravel shall be constructed at all entrances and exits to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site. 7. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation. 8. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways. 9. Any other relevant provision of the Washington County Erosion Control Plans Technical Guidance Handbook, required by the Planning Director. K. Plan Implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control or Re- vegetation Plan shall be implemented and maintained as follows: 1. Erosion control measures shall be installed prior to any stripping or excavation work. 2. The applicant shall implement the measures and construct facilities . contained in the approved Erosion Control Plan in a timely manner. During. active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly. 3. Eroded sediment shall be removed immediately from pavement surfaces, off-site areas, and-from the surface water management system, including storm drainage inlets, ditches and culverts. . 4. Water containing sediment shall not be flushed into the surface water management system, wetlands or streams without first passing through an approved sediment filtering facility or device. 5. In addition, the applicant shall call for City inspection, prior to the . foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. L. Type III Conditional Uses. The procedural and substantive provisions of Chapter 18.130, Conditional. Uses, in addition to Section 18.85.080(L)(1-2) below and 18.85.080(A-K) above, shall apply to determine whether a Type III use listed below may be approved. The applicant for conditional use approval shall: Fourth Draft-City of Tigard Water Resources Overlay District WPS- 5/7/97 - Page 12 • • 1 . Demonstrate that there will not be any net loss in the values of the resource area; and 2. Submit a detailed mitigation plan.to show that any loss of riparian values will be fully compensated through the enhancement program. 18.85.090 Riparian Setback Reductions The Director may approve a site-specific reduction of the Tualatin River or any major stream riparian setback by as much as 50 percent to allow the placement of structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better protection for identified major stream resources is ensured through streambank restoration and/or enhancement of riparian vegetation in preserved portions of the riparian setback area. • A. Eligibility for Riparian Setback in Disturbed Areas. To be eligible for a riparian setback reduction, the applicant must demonstrate that the riparian corridor was substantially disturbed at the time this regulation was adopted. This determination must be based on the Vegetation Study required by Section 18.85.050.0 that demonstrates all of the following: 1 . Native plant species currently cover less than 80 percent of the on-site riparian corridor area; 2. The tree canopy currently covers less than 50 percent of the on-site riparian corridor and healthy trees have not been removed from the on- site riparian setback area for the last five years; 3. That vegetation was not removed contrary to the provisions of Section . 18.85.050 regulating removal of native plant species; 4. That there will be no infringement into the 100-year floodplain; and ' 5. The average slope of the riparian area is not greater than 20 percent. C. Determination of Extent of Riparian Setback Reduction. Provided that the standards of 18.85.080.B are met, as much as 50 percent of riparian area may be developed, based on a vegetation enhancement and streambank mitigation plan, and subject to the following standards: 1 . The minimum remaining riparian setback for the Tualatin River shall not be less than 37.5 feet, and the minimum remaining major stream riparian setback shall not be less than 25 feet. 2. Based on the recommendations of the required vegetation report, up to a 33 percent reduction in the riparian setback area may be approved, provided that the applicant enhances disturbed portions of the remaining riparian setback area on a 1:5 basis. The vegetation report identifies disturbed areas (non-vegetated areas and areas that are overgrown with non-native or invasive plant species such as English ivy or Himalayan • blackberry) and areas dominated by native plant species. Thus, for every 100 square feet of riparian setback area that is developed, at least 150 square feet of the disturbed portion of the remaining riparian setback area must be re-planted with native plant species. In this manner, up to a one- third riparian setback reduction may be approved. Fourth Draft-City of Tigard Water Resources Overlay District WPS-5/7/97 - Pace 13 • . 3. Up to an additional 17 percent reduction of the riparian setback area may be approved, based on an approved streambank mitigation plan prepared by a biologist and a hydrological engineer. The plan must certify that the streambank mitigation measures will substantially improve fish and wildlife habitat and water quality. 18.85.100 Adjustments to Underlying Zone Setback Standards In contrast to variances to the standards of the WR overlay district, adjustments to dimensional standards of the underlying zoning district may be approved by the Planning Director when necessary to further the intent of this overlay district. A. Adjustment Option. The Planning Director may approve up'to a 50 percent adjustment to any dimensional standard (e.g., setback, height or lot area) of the underlying zoning district to allow development consistent with the purposes of the WR overlay district. The purpose of the adjustment process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for slope or flood hazards. B. Adjustment Criteria. A special WR overlay district adjustment may be requested under Type II procedure when development is proposed within or adjacent to the WR overlay district. In order for the director to approve a dimensional adjustment to standards in the underlying zoning district, the applicant shall demonstrate that the following criteria are fully satisfied: 1. The adjustment is the minimum necessary to allow a permitted use, while at the same time minimizing disturbance to a water resource, riparian setback area or water quality buffer. 2. Explicit consideration has been given to maximizing vegetative cover, minimizing excavation and minimizing impervious surface area on unbuildable land. 3. Design options have been considered to reduce the impacts of development, including but not limited to multi-story construction, siting of the residence close to the street to reduce driveway distance, maximizing the use of native landscaping materials, minimizing parking area and garage space. 4. In no case shall the impervious surface area of a single-family residence (including the building footprint, driveway and parking areas, accessory structures, swimming pools and patios) exceed 3,000 square feet of riparian setback or water quality buffer area. 5. Assurances are in place to guarantee that future development will not encroach further on land under the same ownership within the WR overlay district. The Planning Director may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. -Fourth Draft-City of Tigard Water Resources Overlay District WPS- 5/7/97 - Page 14 • • 18.85.110 Density Transfer Density may be transferred from water resource and riparian setback areas as provided in Section 18.92. 020-030. 18.85.120 Variances to Chapter 18.85 Standards Variances to the use provisions of Section 18.85.050 are not permitted. Variances from measurable (dimensional) provisions of this chapter shall be discouraged and may be considered only as a last resort. A. Type HI Variance Option. The Hearings Officer shall hear and decide variances from dimensional provisions of this chapter under Type III procedure, in accordance with the criteria in Chapter 18.134 of the zoning ordinance. B. Additional Criteria. In addition to the general variance criteria described in Chapter 18.134, all of the following additional criteria must be met to grant a variance to any dimensional provision of this chapter: 1. The variance is necessary to allow reasonable economic use of the subject ' parcel of land, which is owned by the applicant, and which was not created after the effective date of this chapter. 2. Strict application of the provisions of this chapter would otherwise result in the loss of a buildable site for a use that is permitted outright in the underlying zoning district, and for which the applicant has submitted a formal application. 3. The applicant has exhausted all options available under this chapter to relieve the hardship. 4. Based on review of all required studies described in Section 18.85.060, the variance is the minimum necessary to afford relief, considering the potential for increased flood and erosion hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water quality. 5. Based review of all required studies described in Section 18.85.060, no significant adverse impacts on water quality, erosion or slope stability will result from approval of this hardship variance, Di these impacts have been mitigated to the greatest extent possible. 6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on-site, on a 1-to-1 basis, by native vegetation. 18.85.130 Plan Amendment Option _ Any owner of property affected by the WR district may apply for a quasi-judicial comprehensive plan amendment under Type IV procedure. This amendment must be based on a specific development proposal. The effect of the amendment would be to remove WR overlay district from the property. The applicant shall demonstrate that such an amendment is justified by either of the following: Fourth Draft-City of Tigard Water Resources Overlay District WPS- 5/7/97 - Page 15 'r } • • A. ESEE Analysis. The applicant may prepare an Environmental, Social, Economic and Energy (ESEE) consequences analysis prepared in accordance with OAR 660-23-040. 1. The analysis shall consider the ESEE consequences of allowing the proposed conflicting use fully, consider both impacts on the specific -resource site in comparison with other comparable sites within the Tigard Planning Area. 2. The ESEE analysis must demonstrate to the satisfaction of the Tigard City Council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource. 3. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land, consistent with the provisions of this chapter, and that there are no other sites within the Tigard Planning area that can • meet the specific needs of the proposed use. 4. The ESEE analysis shall be prepared by a team consisting of a wildlife biologist or wetlands ecologist and a land use planner or land use attorney - all of whom are qualified in their respective fields and experienced in the preparation of Goal 5 ESEE analysis. 5. If the application is approved, then the ESEE analysis shall be incorporated by reference into the Tigard Comprehensive Plan, and the Tigard Wetland and Stream Corridor Map shall be amended to remove the site from the inventory. B. Determination of 'Insignificance.' In this case, the applicant must demonstrate that the water resource site(s) no longer meet(s) the applicable significance threshold defined by the Goal 5 administrative rule, relative to other comparable resources within the Tigard Planning Area. 1. - Significance thresholds are described and applied in the addendum to the City of Tigard Local Wetlands Inventory adopted by reference as part of this chapter. - 2. In considering this claim, the Council shall determine that the decline in identified resource values did not result from a violation of this chapter or any other provision of the Tigard Community Development Code. • • ,18.85.00 SECOND DRAFT WATER RESOURCES (WR) OVERLAY DISTRICT 18.85.010 Purpose 1 18.85.020 Definitions 2 18.85.030 Applicability and Generalized Mapping 3 Table 18.85(1)Riparian Setbacks and Water Quality Buffers 4 - 18.85.040 Exception for Developed Single-Family Residential Subdivision Lots 4 18.85.050 Permitted, Conditional and Prohibited Uses 5 Table 18.85.050(D): Water Resources Overlay District Use List 6 18.85.060 Application Requirements 7 18.85.070 Decision Options and Conditions 9 18.85.080 Development Standards 9 18.85.090 Riparian Setback Reductions 13 18.85.100 Adjustments to Underlying Zone Setback Standards 14 18.85.110 Density Transfer 14 18.85.120 Variances to Chapter 18.85 Standards 15 18.85.130 Plan Amendment Option 15 18.85.010 Purpose A. General. The Water Resources (WR) overlay district implements the policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between development and conservation of significant wetlands, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear and objective standards to: protect significant wetlands and streams; limit development in designated riparian corridors; maintain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. B. Safe Harbor. The WR overlay district also meets the requirements of Statewide Planning Goal 5 (Natural Resources) and the "safe harbor" provisions of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 1 • • t` i 18.85.020 Definitions The definitions of OAR 660-23-090(1) are incorporated herein by reference. A. The "riparian corridor" includes a river or a major stream, associated wetlands, and the "riparian setback" area. B. The "riparian setback area" is measured horizontally from and parallel to ` major stream or Tualatin River top-of-banks, or the edge of an associated wetland, ffi whichever is greater. The riparian setback is the same as the "riparian corridor ! 1L boundary" in OAR 660-23-090(1)(d). 'iC/1 1. The standard Tualatin River riparian setback is 75 feet, unless modified in accordance with this chapter. 2. The major streams riparian setback is 50 feet, unless modified in accordance with this chapter. 3. Isolated wetlands and minor streams (including adjacent wetlands) have no riparian setback; however, a 25-foot "water quality buffer" is required by the Unified Sewerage Agency (USA). D. "Disturbed areas" are identified portions of the riparian setback area that are devoid of vegetation or which are overgrown with non-native or invasive plant species, such as English ivy or Himalayan blackberry. In contrast, identified portions of the riparian setback area that are dominated by native plant species are not disturbed. E. "Mitigation plan" means a detailed plan to compensate for identified adverse impacts on water resources, riparian setback areas or water quality buffers that result from alteration, development, excavation or vegetation removal within the WR overlay district. A mitigation plan must be prepared by experts in fish and wildlife biology, native plants, and hydrological engineering, and usually re-planting with native plant species. F. "Major streams" are mapped as "fish-bearing streams" by the Oregon Department of Forestry and have an average annual flow less than 1000 cubic feet per second (cfs). 1 . Major streams in Tigard include Fanno Creek, Ash Creek (except the north fork and other tributary creeks) and Ball Creek. 2. In contrast, the Tualatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1000 cfs. G. "Minor streams" are not "fish-bearing streams" according to Oregon Department of Forestry maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain short tributaries of the Tualatin River. H. "Native plant species" are those listed on the Portland Plant List, which is incorporated by reference into this chapter. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 2 • - • "Top-of-bank" has the same meaning as "bankfull stage" as defined in OAR '141-85-010(2). It is the stage or elevation at which water overflows the natural banks of streams and begins to inundate the upland. In the absence of physical evidence, the two-year recurrence interval flood elevation may be used to approximate the bankfull stage. - J. The "Tigard Wetlands and Riparian Corridors Map" identifies all "significant" / water resources within the Tigard Planning Area, including the Tualatin River corridor, all major stream corridors, minor streams and isolated wetlands. This generalized, composite map is based on the City of Tigard Local Wetlands Inventory (LWI) prepared by Fishman Environmental Services, 1994, hereby adopted by reference. All water resources identified on the Tigard Wetlands and Riparian Corridors Map meet the Division or State Lands (DSL) definition of a "Locally Significant Wetland." K. A "Wetland" is an area that is inundated or saturated by surface water or C) ground water at a frequency and duration sufficient to support, and that under ���° normal circumstances does support, a prevalence of vegetation typically adapted for ,)1 1 L 3)," life in saturated soil conditions. 1. A "Significant Wetland" is a wetland, or a significant but non-fish- bearing stream, which appears on the City of Tigard Wetlands and Riparian Corridors Map. 2. An "Associated Wetland" is a significant wetland, all or part of which is (a) within 75 feet of the Tualatin River top-of-bank, or (b) within 50 feet of any major stream top-of-bank. 3. An "Isolated Wetland" is a significant wetland, all of which is located outside of the riparian setback. 4. A "Non-Significant Wetland" is a wetland that does not meet the Division of State Lands definition of a Locally Significant Wetland and which, therefore, does not appear on the City of Tigard Wetlands and Riparian ; U Corridors Map. Non-significant wetlands are not regulated by this „ chapter, but do require DSL notification under ORS 227.350. • 18.85.030 Applicability and Generalized Mapping A. WR Overlay District Application. The WR overlay district applies to all significant water resources, and applicable riparian setback and water quality buffer areas, that appear on the Tigard Wetlands and Stream Corridors Map. The standards and procedures of this chapter: 1 . apply to all development proposed on property located within, or partially within, the WR overlay district; 2. are in addition to the standards of the underlying zone; and 3. in cases of conflict, supersede the standards of the underlying zone. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 3 • • • B. The Tigard Wetlands & Stream Corridors Map identifies, generally, the tops- of-bank, wetland edges, riparian setbacks and water quality setbacks for the following significant water resources: 1-. The Tualatin River riparian corridor; 2. Major stream riparian corridors; 3. Minor streams; and 4. Isolated wetlands. C. Standard Riparian Setbacks and USA Water Quality Buffers. The applicant shall be responsible for surveying and mapping the precise location of the top-of- bank, wetland edge, riparian setback and/or USA water quality buffer at the time of application submittal. Table 18.85(1) summaries standard riparian setbacks and water quality buffers that apply to significant water resources within the WR overlay zone. Table 18.85(1) Riparian Setbacks and Water Quality Buffers WR STANDARD USA STANDARD RIPARIAN WATER QUALITY SIGNIFICANT WATER RESOURCE TYPE SETBACK BUFFER2 Tualatin River & associated wetlands 75 feet 25 feet Major-ttrearelS:::-Wasociated.:wetlands`` ' :> :>`<'' Developed subdivision lot exception 25 feet 25 feet (major streams & associated wetlands) Minor streams & adjacentrsolated wetlands:: .Not:applicable::;: 25 feet Measured in feet from the top-of-bank or the associated wetland edge, whichever is greater. 2 Measured in feet from the minor stream top-of-bank or the wetland edge, whichever is greater. D. Division of State Lands Notification Required. In addition to the restrictions and requirements of this Section, all proposed development activities within any wetland are subject to Oregon Division of State Lands (DSL) standards and approval. • rx(P` The applicant shall be responsible for notifying DSL whenever any portion of any• yill ` ` ' significant wetland is proposed for development, in accordance with ORS 227.350. Ocv No application for development will be accepted as complete until documentation of such notification is provided. E. United Sewerage Agency Standards Applicable. All development activities proposed within 25 feet of any wetland or stream are subject to USA standards and approval. 18.85.040 Exception for Developed Single-Family Residential Subdivision Lots Tigard has many approved residential subdivisions, where the side or rear yards have been cleared of riparian vegetation, and developed or planted in lawns. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 4 I • • • • A. Method of Identifying Developed Subdivision Lots. Developed subdivision lots were identified based on a comprehensive analysis of aerial photographs. B. 25-Foot Riparian Setback Applicable. The Tigard Wetlands &_Stream Corridors Map shows a 25-foot riparian setback for developed subdivision lots, because: 1 . Water resource values have already been substantially degraded, and maintenance of the 50-foot riparian setback would not serve the purposes of this chapter; and 2. Equal or better protection of the identified major stream resource is ensured by retaining a 25-foot riparian setback and reliance on USA's maximum water quality buffer. C. Type I Review Procedure. The location of structures on identified developed subdivision lots shall be approved under Type I procedure, provided that such - structures are located at least 25 feet from the top-of-bank or the associated wetland edge. 18.85.050 Permitted, Conditional and Prohibited Uses A. DSL Approval. Required. Development proposed within water resource shall also be approved by DSL. B. USA Buffer Standards Applicable. Development proposed within 25 feet of any water resource shall also be approved by the City of Tigard Engineering Division, which administers USA standards. C. City of Tigard Exemption. When performed under the direction of the City of Tigard Engineering Division, and in compliance with the provisions of the City of Tigard Standards and Specifications for Riparian Area Management, on file in the Engineering Division, the following shall be exempt from the provisions of this chapter: 1 . Public emergencies, including emergency repairs to public facilities; 2. stream restoration and enhancement programs; - 3. non-native vegetation removal; 4. planting of native plant species; and 5. routine maintenance or replacement of existing public facilities projects. D. Permitted and Conditional Uses. Table 18.85.050(D) below summarizes permitted, conditional and prohibited uses within the W R district. A "Yes" indicates that the use is permitted in the case of Type I uses, is allowed under prescribed conditions in the case of Type II uses, or may be approved subject to discretionary criteria under Type Ill standards. A "No" indicates that the use is not permitted. A use that is not permitted may not be approved through the variance provisions of this chapter. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 5 • Table 18.85.050(D): Water Resources Overlay District Use List Regulated Activity & Procedure Type Riparian minor Streams Mitigation Plan Setback Area Isolated Wetlands Required? 1. Type I Permitted Uses with Mitigation : •-• . : a) Determination of Water Resource and Yes Yes No Riparian Setback boundaries b) Low impact, passive recreation facilities and trails including, but not limited to, Yes No Nci viewing shelters, picnic tables, nature trails and interpretive signs c) Irrigation pumps Yes Yes No d) Replacement of existing structures with new structures that do not disturb any Yes Yes No additional riparian surface area e) Removal of non-native vegetation and - replacement with native plant species, Yes Yes Yes - no closer than 10' from the top-of-bank or edge of wetland f) Removal of vegetation necessary for hazard prevention (dangerous trees) Yes Yes No g) Perimeter mowing of existing cultivated Yes Yes No lawns h) Canoe and non-motorized boat launches Yes No less than 10' in width A-t) i) Repair and maintenance of existing Yes Yes No facilities 2. Type II Permitted:UseS:With Mitigation - Riparian Minor Streams Mitigation Plan -.- where no reasonable alternative eicistS Setback Area Isolated VVetlands *. Required? - a) Dimensional standard adjustments to Yes Yes Yes reduce impacts on water resources b) Reduction in Riparian Setback boundary Yes NA- Yes c) Public facilities that appear on the City's Yes Yes Yes Public Facilities Plan d) Local streets and driveways serving residences and public facilities Yes Yes Yes e) Drainage facilities Yes No Yes f) Utility crossings Yes Yes Yes g) Underground utilities Yes Yes h) In-stream and streambank enhancement, including vegetation removal and Yes Yes Yes replacement within 10 feet of the top-of- bank or edge of wetland i) Bridges and boardwalks Yes Yes Yes 3. Type III -- Conditional Uses Riparian Minor Streams Mitigation Plan • .Setback Area 'Isolated Wetlands Required? a) Hardship Variances, su • o variance Yes Yes Yes provisions of Chapte 18.120 /34.-( b) Water-related and water-dependent uses Yes No Yes not listed above, subject to conditional use provisions of Chapter 18.130 Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 6 • 4. Prohibited Uses - unless specifically Riparian Minor Streams Mitigation Plan authorized above Setback.Area Isolated Wetlands Required? a) Removal of native plant species No No Not applicable b) Placement of structures or impervious No No Not applicable surfaces • c) Grading and placement of fill No No Not applicable d) Application of herbicides No No Not applicable e) Dumping of garbage or lawn debris or No No Not applicable other unauthorized materials f) Creation of a parcel that would be Not applicable wholly within the WR district or resulting No No in an unbuildable parcel, as determined by the director. 18.85.060 Application Requirements All development applications on lots within, or partially with, the WR overlay district shall submit the following information, in addition to other information requirements required by this code. A. Type I Uses. The applicant shall prepare a plan that demonstrates that the use will be constructed and located so as to minimize grading, and native vegetation removal, and the area necessary for the use. The director may require additional information where necessary to determine WR district boundaries or to mitigate identified impacts from a proposed development, including but not limited to: 1 . a site survey as prescribed in Section 18.85.050.B; 2. one or more of the reports described in Section 18.85.050.C. B. Type II and Ill Uses: Site Specific Survey Required. If any Type II or III use or activity is proposed within a water resource, riparian setback or water quality buffer area, the applicant shall be responsible for preparing a survey of the entire site that precisely maps and delineates the following: 1. The name, location and dimensions of significant minor streams (including adjacent wetlands), major streams or rivers (including associated wetlands), and the tops of their respective streambanks or wetland edges. 2. Isolated wetlands. 3. The area enclosed by the riparian setback. 4. The area enclosed by the USA water quality buffer. 5. Steeply sloped areas where the slope of the land is 20% or greater. 6. Existing public rights-of-way, structures, roads and utilities. 7. Vegetation, including trees or tree clusters and understory. 8. Existing and proposed contours at 2-foot intervals. C. Site Specific Water Resource and Riparian Setback Determinations. The required survey of identified water resources and their respective riparian setbacks and water quality buffers, required by Section 18.85.060.B, shall serve as the basis for refining the Tigard Wetlands and Stream Corridors Map. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 7 • • 1 . The determination of the location of water resources, riparian setbacks and water quality buffers shall be made under Type I procedure. 2. If excavation, vegetation removal or development is proposed completely outside of a water resource, riparian setback or water quality buffer, no further WR overlay zone requirements apply. 3. Permitted and conditional uses within surveyed riparian setback-areas are limited to those described in Section 18.85.050 and subject to the development standards of this chapter. D. Type II and 111 Uses: Required Studies and Mitigation Reports. Each of the following studies shall be required whenever any Type II or III use is proposed within the WR overlay district. Each required report must consider the City of Tigard Local Wetlands Inventory (Fishman Environmental Services, 1994), shall be in addition to the submission of information required for specific types of development, and shall be prepared by professionals in their respective fields. The Planning Director may exempt permit applications from one or more of these studies, based on specific findings as to why the study is unnecessary to determine compliance with this chapter. This determination must be made, in writing, at or immediately following the required pre-application conference and prior to application submittal. 1. Hydrology and Soils Report. This report shall include information on the hydrological activities of the site, the effect of hydrologic conditions on the proposed development, and any hydrological or erosion hazards. This report shall also include soils characteristics of the site, their suitability for development, and erosion or slumping characteristics that might present a hazard to life and property, or adversely affect the use or stability of a public facility or utility. Finally, this report shall include information on the nature, distribution and strength of existing soils, the adequacy of the site for development purposes, and an assessment of grading procedures required to impose the minimum disturbance to the natural state. The report shall include recommendations to assure compliance with each applicable provision of this code, and shall be prepared by a professional engineer registered in Oregon. 2. Grading Plan. The grading plan shall be specific to a proposed physical structure or use and shall include information on terrain (two-foot intervals of property), drainage, direction of drainage flow, location of proposed structures and existing structures which may be affected by the proposed grading operations, water quality facilities, finished contours or elevations, including all cut and fill slopes and proposed drainage channels. Project designs including but not limited to locations of surface and subsurface devices, walls, dams, sediment basins, storage reservoirs, and other protective devices shall form part of the submission. The grading plan shall also include a construction phased erosion control plan consistent with the provisions of this code and a schedule of operations and shall be prepared by a professional engineer registered in Oregon. 3. Vegetation Report. This report shall consist of a survey of existing vegetative cover, whether it is native or introduced, and how it will be altered by the proposed development. The report shall specifically identify disturbed areas (i.e., areas devoid of vegetation or areas that are dominated by non-native or invasive species) and the percentage of crown cover. Where a reduction in the riparian setback is proposed, measures for re-vegetation and enhancement with Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 8 • • native plant species will be clearly stated. The vegetation report shall include recommendations to assure compliance with each applicable provision of this code, and shall be prepared by a landscape architect, landscape designer, botanist or arborist with specific knowledge of native plant species, planting and maintenance methods, survival rates, and their ability to enhance fish and wildlife habitat and to control erosion and sedimentation. 4. Streambank Conditions Report. This report is only necessary if a reduction in the riparian setback area is proposed. The streambank conditions report shall consist of a survey of existing streambank conditions, including types of vegetative cover, the extent to which the streambank has been eroded, and the extent to which mitigation measures would be successful in restoring the stream to its pre-disturbance condition. Measures for improving fish and wildlife habitat and improving water quality will be clearly stated, as well as methods for immediate and long-term streambank stabilization. The streambank conditions report shall include recommendations to assure compliance with each applicable provision of this code, and shall be prepared by a wildlife biologist in concert with a hydrological engineer registered in Oregon. The report shall specify long-term maintenance measures necessary to carry out the proposed mitigation plan. 18.85.070 Decision Options and Conditions A. Decision Options. The Approval Authority may approve, approve with conditions, or deny an application based on the provisions of this chapter. The Approval Authority may require conditions necessary to comply with the intent and provisions of this chapter. B. Conditions. The required reports shall include design standards and - recommendations necessary for the engineer anc landscape expert certify that the standards of this section can be met with appropriate mitigation measures. These measures, along with staff recommendations, shall be incorporated as conditions into the final decision approving the proposed development. C. Assurances and Penalties. Assurances and penalties for failure to comply with mitigation, engineering, erosion and water quality plans required under this section shall be as stated in Chapter 18.24. 18.85.080 Development Standards The following shall apply to all development, including native vegetation removal and - excavation, within the WR overlay district. No application for a use identified in Section 18.85.050 shall be deemed complete until the applicant has addressed each of these standards in writing. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 9 • • • A. Alternatives Considered. Except for stream corridor enhancement, most Type II and III uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and III development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. B. Minimize Siting Impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. 1. For Type II and III uses, the water quality engineer must certify that water quality in the affected water resource will not be diminished as a result of the development proposal. 2. For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as practicable. C. Construction Materials and Methods. No construction materials or methods may be used within the riparian setback area that would unnecessarily damage water quality or native vegetation. D. Minimize Flood Damage. Above-ground residential structures shall not be d n ft6 permitted within the WR overlay district, where such land is also within the 100-year �} ` floodplain. On-site flood storage capacity shall not decrease as a result of 1/' development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain shall be designed to minimize flood damage, consistent with Chapter 18.84. E. Avoid Steep Slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25 percent or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. - F. Minimize Impacts on Existing Vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. 1. Temporary measures used for initial erosion control shall not be left in place permanently. 2. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation. 3. Trees shall not be used as anchors for stabilizing working equipment. 4. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area. 5. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place. 6. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 10 • • G. Vegetation Mitigation Plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method,to reduce the riparian setback in accordance with Section 18.85.090, a mitigation plan shall be prepared and implemented. 1. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis. 2. Where approval is granted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non- native vegetation with the remaining, protected riparian setback area on a 1.5:1 basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area • LL within the riparian setback or wetland shall be re-planted with native plant species. 3. The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The ! applicant shall be responsible for replacing any native plant species that do - - - not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. - H. Water and Sewer Infiltration and Discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid•discharges from such facilities to streams and wetlands. On-Site Systems. On-site septic systems and private wells shall be prohibited within the WR overlay district. J. Erosion Control Plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: 1. Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion. 2. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only. 3. Construction activity will take place during the dry season (June- October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction. 4. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded. 5. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 11 i • 6. A stabilized pad of gravel shall be constructed at all entrances and exits to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site. 7. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation. 8. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways. 9. Any other relevant provision of the Washington County Erosion Control Plans Technical Guidance Handbook, required by the Planning Director. K. Plan Implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control or Re- vegetation Plan shall be implemented and maintained as follows: 1. Erosion control measures shall be installed prior to any stripping or excavation work. 2. The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly. 3. Eroded sediment shall be removed immediately from pavement surfaces, off-site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts. 4. Water containing sediment shall not be flushed into the surface water management system, wetlands or streams without first passing through an approved sediment filtering facility or device. 5. In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. L. Type Ill Conditional Uses. The procedural and substantive provisions of Chapter 18.130, Conditional Uses, in addition to Section 18.85.080(L)(1-2) below and 18.85.080(A-K) above, shall apply to determine whether a Type III use listed below may be approved. The applicant for conditional use approval shall: 1 . Demonstrate that there will not be any net loss in the values of the resource area; and 2. Submit a detailed mitigation plan to show that any loss of riparian values will be fully compensated through the enhancement program. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 12 18.85.090 Riparian Setback Reductions The Director may approve a site-specific reduction of the Tualatin River or any major stream riparian setback by as much as 50 percent to allow the placement of structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better protection for identified major stream resources is ensured through streambank restoration and/or enhancement of riparian vegetation in preserved portions of the riparian setback area. A. Eligibility for Riparian Setback in Disturbed Areas. To be eligible for a riparian setback reduction, the applicant must demonstrate that the riparian corridor was substantially disturbed at the time this regulation was adopted. This determination must be based on the Vegetation Study required by Section 18.85.050.0 that demonstrates all of the following: 1 . Native plant species currently cover less than 80 percent of the on-site riparian corridor area; 2. The tree canopy currently covers less than 50 percent of the on-site riparian corridor and healthy trees have not been removed from the on- site riparian setback area for the last five years; 3. That vegetation was not removed contrary to the provisions of Section 18.85.050 regulating removal of native plant species; 4. The riparian area is not entirely within the 100-year floodplain; and 5. The average slope of the riparian area is not greater than 20 percent. C. Determination of Extent of Riparian Setback Reduction. Provided that the standards of 18.85.080.B are met, as much as 50 percent of riparian area may be developed, based on a vegetation enhancement and streambank mitigation plan, and subject to the following standards: 1. The minimum remaining riparian setback for the Tualatin River shall not be less than 37.5 feet, and the minimum remaining major stream riparian setback shall not be less than 25 feet. 2. Based on the recommendations of the required vegetation report, up to a 33 percent reduction in the riparian setback area may be approved, provided that the applicant enhances disturbed portions of the remaining riparian setback area on a 1:5 basis. The vegetation report identifies disturbed areas (non-vegetated areas and areas that are overgrown with non-native or invasive plant species such as English ivy or Himalayan blackberry) and areas dominated by native plant species. Thus, for every 100 square feet of riparian setback area that is developed, at least 150 square feet of the disturbed portion of the remaining riparian setback area must be re-planted with native plant species. In this manner, up to a one- third riparian setback reduction may be approved. 3. As much as a 17 percent reduction of the riparian setback area may be • approved, based on an approved streambank mitigation plan prepared by a biologist and a hydrological engineer. The plan must certify that the streambank mitigation measures will substantially improve fish and wildlife habitat and water quality. Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 13 • 18.85.100 Adjustments to Underlying Zone Setback Standards In contrast to variances to the standards of the WR overlay district, adjustments to dimensional standards of the underlying zoning district may be approved by the Planning Director when necessary to further the intent of this overlay district. A. Adjustment Option. The Planning Director may approve up to a 50 percent adjustment to any dimensional standard (e.g., setback, height or lot area) of the underlying zoning district to allow development consistent with the purposes of the WR overlay district. The purpose of the adjustment process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for slope or flood hazards. B. Adjustment Criteria. A special WR overlay district adjustment may be requested under Type II procedure when development is proposed within or adjacent to the WR overlay district. In order for the director to approve a dimensional adjustment to standards in the underlying zoning district, the applicant shall demonstrate that the following criteria are fully satisfied: 1. The adjustment is the minimum necessary to allow a permitted use, while at the same time minimizing disturbance to a water resource, riparian setback area or water quality buffer. 2. Explicit consideration has been given to maximizing vegetative cover, minimizing excavation and minimizing impervious surface area on unbuildable land. 3. Design options have been considered to reduce the impacts of development, including but not limited to multi-story construction, siting of the residence close to the street to reduce driveway distance, maximizing the use of native l� landscaping materials, minimizing parking area and garage space. v �A tt�� 4. In no case shall the impervious surface area of a single-family residence (including the building footprint, driveway and parking areas, accessory structures, swimming pools and patios) exceed 3,000 square feet of water resource, riparian setback or water quality buffer area. 5. Assurances are in place to guarantee that future development will not encroach further on land under the same ownership within the WR overlay district. The Planning Director may impose any reasonable condition necessary to mitigate identified impacts resulting from development on otherwise unbuildable land. 18.85.110 Density Transfer �j Density may be transferred from water resource and riparian setback areas as ^ ` / provided in Section 18.92. 020-030. ✓iJ" 6' Second Draft-City of Tigard Water Resources Overlay District TIPS-02/24/97 4:38 PM-Page 14 • 18.85.120 Variances to Chapter 18.85 Standards Variances to the use provisions of Section 18.85.050 are not permitted. Variances from measurable (dimensional) provisions of this chapter shall be discouraged and may be considered only as a last resort. A. Type Ill Variance Option. The Hearings Officer shall hear and decide variances from dimensional provisions of this chapter under Type III procedure, in accordance with the criteria in Chapter 18.134 of the zoning ordinance. - B. Additional Criteria. In addition to the general variance criteria described in Chapter 18.134, all of the following additional criteria must be met to grant a variance to any dimensional provision of this chapter: 1. The variance is necessary to allow reasonable economic use of the subject 1A4 7 parcel of land, which is owned by the apolicant,Cnd which was not created + a.,a, the effective date of this chapter. 2. Strict application of the provisions of this chapter would otherwise result in the Coss of a buildable site)or a use that is permitted outright in the underlying /,is 4"‘ zoning district, and for which the applicant has submitted a formal application. 3. The applicant has exhausted all options available under this chapter to relieve the hardship. 4. Based on review of all required studies described in Section 18.85.060, the variance is the minimum necessary to afford relief, considering the potential for - increased flood and erosion hazard, and potential adverse impacts on native vegetation, fish and wildlife habitat, and water quality. 5. Based on review of all required studies described in Section 18.85.060, no significant adverse impacts on water quality, erosion or slope stability will result from approval of this hardship variance, QL these impacts have been mitigated to the greatest extent possible. 6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be replaced on-site, on a 1-to-1 basis, by native vegetation. 18.85.130 Plan Amendment Option Any owner of property affected by the WR district may apply for a quasi-judicial comprehensive plan amendment under Type IV procedure. This amendment must be based on a specific development proposal. The effect of the amendment would be to remove WR overlay district from the property. The applicant shall demonstrate that such an amendment is justified by either of the following: A. ESEE Analysis. The applicant may prepare an Environmental, Social, Economic and Energy (ESEE) consequences analysis prepared in accordance with OAR 660-23-040. 1 . The analysis shall consider the ESEE consequences of allowing the proposed conflicting use fully, consider both impacts on the specific Second Draft-City of Tigard Water Resources Overlay District WPS-02/24/97 4:38 PM-Page 15 • • resource site in comparison with other comparable sites within the Tigard Planning Area. 2. The ESEE analysis must demonstrate to the satisfaction of the Tigard City Council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource. 3. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land, consistent with the provisions of this chapter, and that there are no other sites within the Tigard Planning area that can meet the specific needs of the proposed use. 4. The ESEE analysis shall be prepared by a team consisting of a wildlife biologist or wetlands ecologist and a land use planner or land use attorney all of whom are qualified in their respective fields and experienced in the preparation of Goal 5 ESEE analysis. 5. If the application is approved, then the ESEE analysis shall be incorporated by reference into the Tigard Comprehensive Plan, and the Tigard Wetland and Stream Corridor Map shall be amended to remove the site from the inventory. B. Determination of "Insignificance." In this case, the applicant must demonstrate that the water resource site(s) no longer meet(s) the applicable significance threshold defined by the Goal 5 administrative rule, relative to other comparable resources within the Tigard Planning Area. 1 . Significance thresholds are described and applied in th%addendu to the City of Tigard Local Wetlands Inventory adopted by reference as part of this chapter. 2. In considering this claim, the Council shall determine that the decline in identified resource values did not result from a violation of this chapter or any other provision of the Tigard Community Development Code. Second Draft-City of Tigard Water Resources Overlay District NPS-02/24/97 4:38 PM-Page 16 • REQUEST FOR COMMENTS CITY OF TIGARD OREGON TO: Per Attached DATE: April 25. 1997 FROM: Tigard Planning Division STAFF CONTACT: Duane Roberts Phone: (503) 639-4171 Fax: (503) 684-7297 RE: Zone Ordinance Amendment(ZOA) 97-0001 Water Resources Overlay District A request to amend the Tigard Community Development Code to add a new section to protect significant wetlands and riparian corridors, which meets the requirements of Statewide Planning Goal 5 and the "safe harbor" provisions of the Goal 5 administrative rule. This new se ction will be titled the "Water Resources Overlay District". From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: May 7. 1997. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide the following information) Name of Person Commenting: Phone Number: • 41) REQUEST FOR COMMENTS . NOTIFICATION UST FOR IAMB ISE s DEVELOPMENT APPLICATIONS • eriIt(CI al S1 wt e(I1�NINVOLVEMENTTEAMS • <i � igk[d :::: FILE NAME - FILE NOISL• ADVANCED PLANNING/Nadine Smith,Pr•.•we.P...._COMMUNITY DVLPMNT.DEPTJo.e,.e gm..T....o... POUCE DEPTJc.,. ..,r ncm.., (UILDING DIVJOavid Scott.wading omt.., //ENGINEERING DEPTJBrian Rager,o.p.a Resew Engineer _WATER DEPTJMIchael Miller.op..m.w..o.r. _CITY ADMINISTRATION/Cathy Wheatley,cryR.o.d. !/6PERATIONS DEPTJJohn Roy,Prepay Wraps, _OTHER ::. . ... ::>::.;::.::.> .:: :<:.;:>: :::::>:: ::.::.spigua D :>: :::- .:.' ::.. . :::..:. : :::';:`':`:';:: _TUALATIN VALLEY FIRE&RESCUE _TUALATIN VALLEY WATER DISTRICT ±NIFIED SEWERAGE AGENCY Fire Marshall Administrative Office Lee Walker,SWM Program Washington County Fire District PO Box 745 155 N.First Street (place In pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 .: .: :..::'-c:::--.i.:.'.•.•. ' . ` :.::: . ....................................LOCALANDSTATEIORISDICitONS: :;. . . ::::: ;: .:; CITY OF BEAVERTON _CITY OF TUALATIN • /OR.DEPT.OF FISH&WILDLIFE 1--07R.DIV.OF STATE LANDS , PO Box 4755 Planning Director 2501 SW First Avenue 775 Summer Street,NE - Beaverton,OR 97076 PO Box 369 PO Box 59 Salem,OR 97310-1337 Tualatin,OR 97062 Portland,OR 97207 _Larry Conrad,su..otPU..r . _OR.PUB.UTILITIES COMM. _Mike Matteucci,Rsowmo.Came. METRO _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street,NE 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 _CITY OF DURHAM Portland.OR 97232-2736 Portland,OR 97232 City Manager 111S ARMY CORPS.OF ENG. PO Box 23483 P ulette Allen,c..a Mammonism c.i„m,.e.. _OR.DEPT.OF LAND CONSERV.&DVLP. 333 SW First Avenue Durham.OR 97281-3483 1 Huie,r...,.p.ra,coon/haw(CPA's/ZOO:a) 1175 Court Street,NE PO Box 2946 Salem,OR 97310-0590 Portland,OR 97208-2946 _CITY OF KING CITY _METRO AREA BOUNDARY COMMISSION City Manager 800 NE Oregon Street _OREGON DEPT.OF TRANS.(ODOT) WASHINGTON COUNTY 15300 SW 116th Avenue Building*16.Suite 540 Aeronautics Division Dept of Land Use&Trans. IGng City,OR 97224 Portland,OR 97232-2109 Attn: Tom Highland,Pr..* 155 N.First Avenue 3040 25th Street.SE . Suite 350,MS 13 _CITY OF LAKE OSWEGO _OR.DEPT.OF ENERGY Salem,OR 97310 Hillsboro,OR 97124 Planning Director Bonneville Power Administration PO Box 369 PO Box 3621 _0001%REGION 1 _Brent Curtis(CPAY) Lake Oswego,OR 97034 Routing TTRC-Attn: Renae Ferrera Sonya Kazan,MOM Re..Coed _Scott King(CPA.) Portland,OR 97208-3621 123 NW Flanders _Mike Borreson(n e.i _CITY OF PORTLAND Portland,OR 97209-4037 _Jim lice oGmo David Knowles,Riming aura.,or. ✓OREGON,DEPT.OF ENVIRON.QUALITY _Tom Harry(curm+Pl Apps.) Portland Building 106.Rm.1002 811 SW Sixth Avenue _ODOT,REGION 1-DISTRICT 2A _Phil Healy(m.*w.rpm.) 1120 SW Fifth Avenue Portland.OR 97204 Jane Estes.Pe,..Swoon . Portland,OR 97204 PO Box 25412 Portland,OR 97298-0412 - >:;: PROVIDERS AID SPECIAL AIIIIICIES ::>; ::-. :::..:> :>:; : :_::::>:>_ > ::<: _BURLINGTON NORTHERN R/R _METRO AREA COMMUNICATIONS _SOUTHERN PACIFIC TRANS.CO.(R/R) _TRI-MET TRANSIT DVLPMT. Administrative Office Jason Hewitt Clifford C.Cabe,Construction Engineer Kim Knox,Project Planner 1313 W.11th Street Twin Oaks Technology Center 5424 SE McLoughlin Boulevard 710 NE Holladay Street Vancouver,WA 98660-3000 1815 NW 169th Place.S-6020 Portland,OR 97232 Portland,OR 97232 Beaverton,OR 97006-4886 _COLUMBIA CABLE COMPANY _TCI CABLEVISION OF OREGON _US WEST COMMUNICATIONS Craig Eyestone _NW NATURAL GAS COMPANY Linda Peterson Pete Nelson 14200 SW Brigadoon Court Scott Palmer 3500 SW Bond Street 421 SW Oak Street Beaverton,OR 97005 220 SW Second Avenue Portland,OR 97201 Portland,OR 97204 Portland,OR 97209-3991 _GENERAL TELEPHONE Paul Koft,Engineering _PORTLAND GENERAL ELECTRIC COMPANY MC: OR030546 Brian Moore Tigard,OR 97281-3416 14655 SW Old Scholls Ferry Road Beaverton,OR 97007 rtpanyvnassersvro oace.mst 7-Feb-97 Tualatin Riverkeepers Attn: Sue Marshall, President 16295 SW 85th Ave. Tigard, Oregon 97224-5569. Fans of Fanno Creek do Dave Drescher Data Resource Center Metro Regional Ceter 600 NE Grand Ave. Portland, Oregon 97232-2736 Friends of Summer Creek Attn: Douglas Gravatt 11380 SW Erste Place Tigard, Oregon 97223 Wetlands Conservancy Attn: Rosemary Furfey, President PO Box 1195 Tualatin, Oregon 97062 Tigard Chapter Association of Northwest Steelheaders Attn: Jerry Hofer, President 14815 SW Hall Blvd. Tigard, OR 97224 Division of State Lands Attn: Janet Morlan , Wetlands Program Leader 775 Summer Street,NE Salem, OR 97310-1337 i.lrpn.dr/ZOA.mail