Ordinance No. 06-05 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 06--Q'5
AN ORDINANCE APPROVING SENSITIVE LANDS REVIEW SLR2004-00003 AND SLR
2006-00001, TREE REMOVAL TRE2006-00001 THROUGH 2006-00009, AND
COMPREHENSIVE PLAN AMENDMENT CPA2004-00001 TO REMOVE GOAL 5
PROTECTION FROM THE RESOURCES TO BE IMPACTED BY CONSTRUCTION OF SW
WALL STREET AND TO ADD NEWLY CREATED AND RESTORED WETLAND AND
RIPARIAN RESOURCES TO THE INVENTORY OF LOCALLY SIGNIFICANT SITES.
WHEREAS, Section 18.775.070 of the City of Tigard Community Development Code requires a
sensitive lands permit for development within drainageways and wetlands, and approval criteria are
presented in Sections 18.775.070.D-18.775.070.E.
WHEREAS, Section 18.790.050 of the Community Development Code requires a tree removal permit
for the removal of any tree which is located on or in a sensitive lands area, and approval criteria are
presented in Sections 18.790.050.A.
WHEREAS, Section 18.775.090 of the Community Development Code establishes special provisions
for development within Locally Significant wetland and riparian corridors to address the requirements
of Statewide Planning Goal 5 and its safe harbor provisions;and
WHEREAS, the proposed construction of the 360 foot section of SW Wall Street, east of Hall
Boulevard, will impact sensitive drainageways and wetlands, will require removal of trees within
sensitive lands and will impact Goal 5 resources designated as Locally Significant;and
WHEREAS,pursuant to Section 18.775.130 of the Tigard Development Code, any owner of property
affected by Goal 5 safe harbor protection of significant wetlands and/or vegetated areas may apply for
a quasi-judicial Comprehensive Plan Amendment under Type IV procedure;and
WHEREAS, pursuant to Section 18.380.030 of the Tigard Development Code, the Tigard Planning
Commission shall make a recommendation to the Tigard City Council on an application for a quasi-
judicial comprehensive plan amendment; and
WHEREAS, pursuant to Section 18.390.060G of the Tigard Development Code, a Type IV decision
shall be based on consideration of Statewide Planning Goals and Guidelines adopted under Oregon
Revised Statues; any federal or state statutes or regulations found applicable; any applicable METRO
regulations; any applicable comprehensive plan policies; and, any applicable provisions of the City's
implementing ordinances;and
WHEREAS, the Comprehensive Plan Amendment must be based on a specific development proposal
and may be justified by either conducting an Environmental, Social, Economic and Energy (ESEE)
ORDINANCE No. 06-(75
Page 1
analysis or demonstrating the site no longer meets the applicable significance defined by the Goal 5
administrative rule; and
WHEREAS, the City of Tigard, acting as the applicant, has requested concurrent review of the
sensitive lands permit, tree removal permit, and a quasi-judicial Comprehensive Plan Amendment for
proposed construction of the 360 foot section of SW Wall Street; and
WHEREAS, the applicant has submitted a specific development proposal, and conducted an
Environmental, Social, Economic and Energy (ESEE) analysis demonstrating justification for
amending the Comprehensive Plan;and
WHEREAS, the effect of the Comprehensive Plan Amendment shall be to remove Goal 5 protection
from the locally significant resources to be impacted by construction of SW Wall Street as shown in
Exhibit"A" (Area 1);and
WHEREAS, the applicant has submitted plans for compensatory wetland,vegetated corridor and tree
mitigation, and the newly created and restored wetland and riparian resources will be added to the
inventory of locally significant sites as shown in Exhibit"A" (Area 2);and
WHEREAS, the Tigard Planning Commission held a public hearing on April 3, 2006, and
recommended approval of CPA2004-00001, SLR2004-00003 and SLR 2006-00001, and TRE2006-
00001 through 2006-00009 by motion with a unanimous vote in favor; and
WHEREAS, the Tigard City Council held a public hearing on May 9, 2006, to consider the request for
sensitive lands permit, tree removal permit and a quasi-judicial Comprehensive Plan Amendment
based on the specific development proposal for construction of SW Wall Street and testimony
provided at the hearing and determined that the construction of SW Wall Street will not adversely
affect the health, safety and welfare of the City and meets all applicable review criteria.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Sensitive Lands Review SLR2004-00003 and SLR 2006-00001, Tree Removal
TRE2006-00001 through 2006-00009, and Comprehensive Plan Amendment
CPA2004-00001 for the construction of the 360 foot section of SW Wall Street are
hereby approved by the City Council.
SECTION 2: The map of locally significant wetlands and riparian corridors created to address
Goal 5 safe harbor provisions shall be amended to represent the removal of the
significant resources impacted by construction of SW Wall Street as shown in
Exhibit"A".
SECTION 3: Newly created and restored wetlands and riparian resources shall be added to the
inventory of protected locally significant resources as shown in Exhibit "A".
ORDINANCE No.06- ()5
Page 2
SECTION 4: The Tigard City Council adopts the City of Tigard Staff Report dated April 3, 2006,
the "Addendum to the Staff Report" dated April 25, 2006, and the letter prepared
by Group Mackenzie, Inc. (dated April 17, 2006) in response to submitted public
comments as findings in support of this decision; copies are attached hereto as
Exhibit `B", Exhibit "C" and Exhibit "D" respectively and are incorporated herein
by reference.
SECTION 5: The Tigard City Council adopts the conditions of approval as stated on page 2 of
the City of Tigard Staff Report dated April 3, 2006; a copy is attached hereto as
Exhibit`B" and incorporated herein by reference.
SECTION 6: 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 ma-I or-i T� vote of all Council members present after being read by
number and tide only, this C1 day of 52006.
Ca erine Wheatley, City Recorder
APPROVED: By Tigard City Council this day
of `/1,3 aA-te— ,2006.
Craig D' sen,Mayor
Appro d o form:
City A me
5
Date
ORDINANCE No. 06- 85
Page2
Exhibit A
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Exhibit B
Agenda Item: 5.
Hearin Date: A ri13 2006 Time: 7:00 PM
STAFF REPORT TO THE
PLANNING COMMISSION
FOR THE CITY OF TIGARD OREGON
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: WALL STREET EXTENSION
CASE NOS: Comprehensive Plan Amendment (CPA) CPA2004-00001
Sensitive Lands Review (SLR) SLR2004-00003
Sensitive Lands Review (SLR) SLR2006-00001
Tree Removal (TRE) TRE2006-00001 through 2006-00009
APPLICANT: City of Tigard APPLICANT'S Group Mackenzie
Capital Improvement Div. REP: Attn: Geraldene Moyle,AICD
Attn: Vannie Nguyen 0690 SW Bancroft
13125 SW Hall Boulevard Portland, OR 97239
Tigard, OR 97223
PROPOSAL: As part of a capital improvement project, the applicant is requestingSensitive
Lands approval to build a 350-foot extension of SW Wall Street, east oHall Blvd,
between the Tigard Public Library and Fanno Pointe Condominiums. As part of
this extension, the Pinebrook Creek wetlands designated as locally significant will
be impacted and reconfigured. In order to carry out this project, a Comprehensive
Plan Amendment is required. The effect of the amendment would be to remove
Goal 5 protection from the wetlands impacted by this specific development
proposal, but not to remove the requirements related to the CWS Stormwater
Connection Permit. A Sensitive Lands Review is also required for impacts to
wetlands and drainageways and the proposed reconfiguration of Pinebrook Creek,
a tributary to Fanno Creek. A Tree Removal Permit is required for a number of
trees to be removed in the sensitive land areas in order to accommodate the
grading and construction of the roadway. The applicant has requested concurrent
review of all these permit applications.
Phase I of the SW Wall Street extension is aimed at providing a joint access to
both the Tigard Public Library and the Fanno Pointe Condos to satisfy obligations
to the Oregon Department of Transportation (ODOT) which allowed temporary
access to the condos and library from Hall Boulevard. This 350 foot improvement
will terminate on the west side of Fanno Creek and west of its 100-year floodplain.
Any future extensions of SW Wall Street across Fanno Creek would require a
separate review and approval by the City, State and Federal agencies.
LOCATION: SW Wall Street unimproved right-of-way, east of SW Hall Boulevard, south of the
Tigard Public Library, and north of the Fanno Pointe Condominiums; Washington
County Tax Assessor's Map 2S102DD,Tax Lots 200, 300 and 90000.
ZONING: R-12: Medium-Density Residential District.The R-12 zoning district is designed to
accommodate a full range of housing types at a minimum lot size of 3,050 square
feet. A wide range of civic and institutional uses are also permitted conditionally.
WALL STREET EXTENSION—STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 32
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COMP PLAN: Medium-Density Residential and Open Space.
APPLICABLE
REVIEW
CRITERIA: Community Development Code (TDC) Chapters 18.380, 18.385, 18.390, 18.510,
18.725, 18.775, 18.790, 18.795 & 18.810. Comprehensive Plan policies 2, 3, 4, 7 & 8.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission find that this request for Comprehensive Plan
Amendment,Sensitive Lands Permit and the Tree Removal Permit will not adversely affect the health, safety
and welfare of the City and meets the necessary approval criteria.Staff recommends APPROVAL, subject to
the following recommended Conditions of Approval.'
THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE SATISFIED
PRIOR TO COMMENCEMENT OF ANY SITE WORK
• The applicant shall finalize a maintenance agreement with the Fanno Pointe Condominium
Owners Association for the maintenance to the mitigation site on the Fanno Pointe Condo
property and submit the agreement prior to commencement of any site work.
THE FOLLOWING CONDITIONS OF APPROVAL SHALT.BE SATISFIED
DURING THE PROJECT CONSTRUCTION
• The applicant shall comply with the conditions made by the Oregon Department of State Lands
(DSL) and U.S. Army Corps of Engineers in carrying out the wetland mitigation plan. The project
will additionally meet the erosion control and water quality conditions contained in the DSL and
Corps of Engineers wetland permits and in the water quality certification issued by the Department
of Environmental Quality as part of the Corps of Engineers permit. Submit the monitoring report
to be prepared for the Oregon DSL and the US Army Corps to the City of Tigard upon
completion of the project showing success meeting the permit conditions.
• The applicant shall comply with the conditions made by Clean Water Services in carrying out the
vegetated corridor mitigation plan. Submit a monitoring report upon completion of the project
showing success meeting the permit conditions.
• In carrying out the tree removal plan, any non-native trees shall be girdled and left as snags rather
than removed to provide habitat in areas where there are no safety issues.
SECTION III. BACKGROUND INFORMATION
Project History
The construction of Wall Street has a long history, and to understand the need for this project, a number
of considerations require explanation. First, the primary purpose of Phase one of the Wall Street
extension is to provide access to the Tigard Library and the Fanno Pointe Condominiums. However,
potential subsequent phases would extend SW Wall Street further eastward connecting Hall Boulevard to
Hunziker Street as identified in the Transportation System Plan (TSP), a subdocument to the City's
Comprehensive Plan. The TSP was adopted by resolution 02-33, and became effective on October 10,
2002. The TSP lays out the City's Transportation improvement needs over a 20-year planning period. In
the document, existing and projected deficiencies are identified with corresponding improvement projects
WALL STREET EXTENSION—STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 32
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and techniques to alleviate congestion and improve transportation efficiency. Figure 8-12 of the TSP, on
page 8-23 identifies local street connectivity needs including the Wall Street connection between SW Hall
and SW Hunziker Streets. The extension appears again on Figure 8-19, page 8-45, for the Street
Improvement Plan. These improvements and connections are part of a comprehensive set of tools to
alleviate and mitigate for growing congestion problems throughout the City. No single project identified
in the TSP will alleviate the traffic issues the city faces.
The proposed road is classified as a collector which is described in the TSP as providing "both access and
circulation within and between residential and commercial/industrial areas. Collectors differ from arterials
in that they provide more of a citywide circulation function, do not require as extensive control of access
(compared to arterials) and penetrate residential neighborhoods, distributing trips from the neighborhood
and local street system." However, there is an inherent conflict in the Comprehensive Plan as policy
12.3.1 also identifies that development of industrial sites (the undeveloped land on the east side of Fanno
Creek) shall not channel traffic through residential areas (the R-12 zoned Fanno Pointe and Library). This
issue is not ripe for discussion as part of this proposal as the street will not be extended to the industrial
land as part of phase 1, and no specific development is being proposed for the industrial land at this time.
In January of 2003, a private developer received approval to construct a 42 unit condominium project
adjacent to Hall Boulevard known as Fanno Pointe Condominiums. During the review of that project,
staff received comments from the Tualatin Riverkeepers who initially opposed the project, but following
some site plan revisions had indicated their support. The staff report goes on to note: "The group also
asked that the existing pond and drainage stream be revised. It is expected that those improvements will
be made when the City of Tigard constructs the future Wall Street extension along the northern boundary
of the subject site." The following discussion regarding the future Wall Street was included in the original
report for the Fanno Pointe Condo's:
Because the tuning of the Library project will likely lag behind this pr lect, the applicant will need an interim
access onto Hall Boulevard to support the development. Their ultimate access will come from Wlall Street,
which will be constructed in part by the City. The City and the applicant bare discussed the need for an
interim access onto Hall Boulevard with ODOT, and ODOT has agreed to allow the access in the location
shown on the applicant's plans...Tberefore, the interim access onto Hall Boulevard may be able to be
completely removed once the Wlall Street access is constructed...
Wlall Street
This roadway is classified as a three-lane collector street that will eventually connect between Hall Boulevard
and Hun#ker Street to the east. In order to connect to Hund ker Street, a crossing of the railroad KOi
will be needed. That approval has not yet been obtained. However, the street can be extended from Hall
Boulevard to a point where access can be provided p both the Library and Fanno Pointe. Access points for
the two projects will align across from each other. "
In April of 2003, the City received approval to construct the Tigard Public Library. A number of road
improvements were required as part of that decision, including frontage improvements on Hall Boulevard,
as well as completion of the first phase extension of Wall Street. An interim driveway was provided to
allow access until such time that the Wall Street Phase 1 could be completed. The following discussion
was included in the original report for the library:
SWI Wlall Street
Wlall Street is classified as a three-lane collector street with bike lanes. It is to provide an ultimate connection
between Hall Boulevard and Hun#ker Street to the east. A 70 foot ROW/'width is required for this street.
The applicant plans to dedicate KOIYI for lYlall Street as a part of this project. The applicant sbould only
dedicate this ROWI if the Wlall Street LID pr ject is approved in the proposed location.
A preliminary alignment study was conducted by the City to determine bow and where this street would need
Case file number SDR2002-00012, p.24
WALL STREET EXTENSION—STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 32
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to cross Fanno Creek and the railroad ROW/,to the east. Four options were considered, with the location
near the southern border of this site being the finalist. 7 he other options that were considered resulted in more
impact to Fanno Creek and the associated wetland areas adjacent to the creek.
If the City obtains approval to construct this roadway, the construction would be in phases, with the first
phase simply providing afull-width improvement from Hall Boulevard a distance of approximately 475 feet
to apoint where access into the library site and the Fanno Pointe site can be achieved. This first phase can be
constructed without impacts to Fanno Creek or the railroad. A separate effort to deal with the creek and
railroad crossing will continue beyond the scope of the libra y project.
As was statedpreviously, the construction of mall Street is proposed in two phases, with the firstphase being
a segment beginning from Hall Boulevard and funded partly by the City and partly from TIF funds, and the
second phase being a LID. The Wlall Street project is not part of the libra y project. The libra y project can
be served alone by the driveway configuration shown on the plan. This configuration will accommodate the
future construction of the first phase of Wlall Street, should it be approved in the location desired by the City.
Should the Wlall Street project be delayed, the library project can move forward with the driveway plan as
shown. This provision has also been discussed with ODOT."2
On March 23, 2004, the City submitted its proposal for sensitive lands review and a comprehensive plan
amendment to construct Phase 1 and receive approval for the future construction of Phase 2 of the Wall
Street extension. At that time, the applicant had not received approval from Clean Water Services, or the
Army Corps of Engineers. Moreover, approval had not been obtained from Southern Pacific Railroad for
an at-grade crossing either. The application remained on hold until these approvals could be obtained. In
the interim staff held several meetings with the applicant to discuss this project on September 15,
December 16 and 22, and again on January 12, 2005. As a result of those meetings, the applicant revised
the application to eliminate seeking approval for Phase 2.
In the Fall of 2005, the original proposal for Phase 1 was further revised to minimize the impact to
sensitive land areas and meet local planning requirements. As a result, the length of the proposed roadway
was reduced from 425 feet to 350 feet in order to avoid development within the 100-year floodplain by
shifting the library and condominium accessways to the west. The redesign includes a retaining wall along
the eastern edge of the condominium access to minimize the amount of wetland impact. The total
wetland impact area for Phase 1 was reduced from 0.25 acre to 0.11 acre.
Vicinity Information
The area of impact is east of SW Hall Boulevard, and directly between the Tigard Public Library and the
Fanno Pointe Condominiums west of Fanno Creek. The zoning in this area is R-12 Medium Density
Residential. Parcels on the opposite side of Fanno Creek are designated as Light Industrial. To the west
of the project is R-4.5,low density residential zoning.
Proposal Description
Normally, a comprehensive plan amendment would be heard separately, with development permit
applications following final outcome of the comprehensive plan amendment. However, in the case of an
amendment to remove Goal 5 protection, the development code requires it to be "based on a specific
development proposal". This detail is necessary to determine the extent of the proposed impacts, and to what
degree the impacts have been or could be further minimized. For this proposal, at the request of the
applicant, the subsequent permit activities are to be heard concurrently with the comprehensive plan
amendment. This will give decisionmakers a better idea of the full extent of the proposal and gives the
applicant better assurance of feasibly completing the project after issues surrounding the comprehensive plan
amendment are decided. This consolidated request adds complexity to the application that will be addressed
2 Case file number CUP2003-00001, p.29
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fully in the subsequent analysis.
Phase 1 of the Wall Street extension will provide a 350 foot section of roadway. The right-of-way (ROW) is
72 feet wide with 3-lanes meeting the standards for designated Collector streets and additional widths of up
to 20 feet outside the ROW to accommodate 8-foot-wide public utility easements and cut and fill slopes..
This first phase encompasses the intersection with SW Hall Boulevard to driveways serving the Tigard
Library on the north, and the Fanno Pointe Condos on the south. Future phases of Wall Street are planned
to continue across Fanno Creek and the railroad tracks to an ultimate connection with SW Hunziker Avenue,
to provide additional east-west connectivity for the eastern area of Tigard between from Hall Blvd. to 72
Avenue between Hunziker Street and Bonita Road or north-south connections from Hunziker Street to
Bonita Road between Hall Boulevard and 72n`j Avenue. However, this application is only for the 350-foot
extension to serve the Tigard Library and the Fanno Pointe Condos.
Loca 13�Significant Wetland
This first phase encroaches into wetlands and vegetated corridor that are shown on the "Wetland and
Streams Corridor Map" as "Locally Significant". An area of approximately 0.11 acres (4,792 s.f) will be
impacted by filling slopes and road construction. The criteria for these wetlands generally prohibit any
permanent impacts, with few exceptions. To remove this protection from these wetlands, they must be
removed from the inventory by a comprehensive plan amendment, a Type IV procedure. Impacts to the
wetland will be mitigated with stream channel and wetland creation (0.08 acres), wetland enhancement (0.29
acres) and wetland restoration (0.20 acre). The stream channel and adjacent wetlands will be reconstructed
slightly south of their existing location.
Drainagewa�L
The wetlands are associated with Pinebrook Creek, a tributary to Fanno Creek that originates to the
southwest along SW McDonald Street, ultimately crossing Hall Boulevard where it is currently culverted
twice in culverts not designated for fish passage and meanders through the Fanno Pointe site. According to
the Biological Assessment prepared by Fishman Environmental Services, Pinebrook Creek "appears to
consist of two to three narrow (approximately 6 inch) shallow meandering channels without a visible main
stream channel' and is impassible at its confluence with Fanno Creek. Approximately 270 linear feet of this
channel will be replaced by a reconstructed channel, approximately 550 feet in length,which will also remove
two existing culverts that do not allow fish passage (totaling approximately 170 feet in length). The area of
vegetated corridor impacted by the proposed improvements totals 18,429 sf (0.42 acres). The proposed
vegetated corridor impacts are summarized in the file (Attachment 11, Figure 1). The relocated Pinebrook
Creek will be connected to an historic channel which will flow to the confluence with Fanno Creek. Only
one culvert, under the driveway serving Fanno Pointe,will be required. This new culvert will meet ODF&W
fish passage requirements providing fish passage for cutthroat trout and juvenile steelhead during high stream
flows of Fanno Creek. The current confluence does not allow fish passage since there is presently an
approximate eight foot drop in elevation from the downstream edge of the East Pond to Fanno Creek.
Floodplain
The proposed road improvement is not located within the 100-year floodplain. The watermain extension
included in the roadway does not extend into the 100-year floodplain and its elevation is above the floodplain
to preclude floodwater from infiltrating into the water system. Portions of the stream restoration and
plantings will be located within the floodplain. However per Section 18.775.020 C2, stream and wetland
restoration and enhancement programs performed under the direction of the City are exempt from the
sensitive lands provisions.
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Tree Removal
Although a plan for tree planting, removal and protection is not required for a comprehensive plan
amendment, the applicant has submitted a Tree Plan (Attachment 9c) prepared by a registered consulting
arborist. Within the project impact area, including areas where restoration is to occur, are a total of 44 trees
that are 6 inches or greater in caliper size. The applicant is proposing to remove 19 trees greater than 6
inches in diameter. Of the total, 15 trees will be saved and 10 trees have been identified as dead or hazardous
(not requiring a permit for removal). However, the applicant is proposing to remove 12 existing trees from
sensitive lands area,which requires a tree removal permit.
The number of trees that are greater than 12 inches diameter total 18 trees. Nine of these trees (50%) are
proposed for removal. The total number of caliper inches represented by this removal is 182 caliper
inches. The amount of mitigation required is based on 50 percent of the total caliper inches removed,
which equals 91 caliper inches. The applicant's planting plan proposes to replant 336 caliper inches versus
the 91 inches required to be mitigated.
SECTION IV SUMMARY OF REPORT
❖ Applicable criteria, findings and conclusions
• Tigard Development Code
0 18.380 Zoning Map and Text Amendments
0 18.385 Miscellaneous Permits
0 18.390 Decision Making Procedures
0 18.510 Residential Zoning Districts
0 18.725 Environmental Performance Standards
0 18.775 Sensitive Lands Review
0 18.790 Tree Removal
0 18.795 Vision Clearance Areas
0 18.810 Street and Utility Improvement Standards
• Applicable Comprehensive Plan Policies
• Applicable Metro Standards
• Statewide Planning Goals
❖ City Department and outside agency comments
SECTION V. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS
Chapter 18.380. Zoning Map and Text Amendments:
Chapter 18.380.030
A. Quasi-judicial amendments. 2. The Commission shall make a recommendation to the Council
on an application for a comprehensive plan map amendment.
The applicant has requested a quasi-judicial comprehensive plan amendment under Type IV procedure to
remove Goal 5 protection from the site as provided in TDC 18.775.130. The Commission shall make
recommendations to the Council on this proposed comprehensive plan amendment.
B. Standards for making quasi-judicial decisions. A recommendation or decision to approve,
approve with conditions or to deny an application for a quasi-judicial amendment shall be based
on all of the following standards:
1. Demonstration of compliance with all applicable comprehensive plan policies and map
designations;
Staff will address the applicable comprehensive plan polices,later in this report.
2. Demonstration of compliance with all applicable standards of any provision of this code or
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applicable implementing ordinance;
Staff will address the applicable development code standards under their respective chapters, later in this
report.
3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the
comprehensive plan or zoning map as it relates to the property.
The proposed encroachments will in fact impact the vegetated corridor and wetland resources identified as
significant on the "Wetlands & Stream Corridor" map, thus the applicant has applied for a comprehensive
plan amendment as per TDC 18.775.130. The proposed change is evidenced by the development of the
Fanno Pointe Condos in 2003, completion of the Tigard Public Library in 2004 and ODOT requirements
to consolidate the access ways into these two sites. In addition, the Tigard Transportation System Plan
completed in 2002 includes the SW Wall Street connection between SW Hall Blvd and SW Hunziker Street
as part of its Street Improvement Plan.
Chapter 18.385. Miscellaneous Permits:
Chapter 18.385 includes criteria for miscellaneous permits including Tree Removal Permits and
Sensitive Lands Reviews. The criteria found in this chapter are repeated in the respective
subsequent chapters of the development code, 18.775 and 18.790.
This application is requesting a Sensitive Lands Permit and a Tree Removal Permit. Staff will address these
criteria under their respective chapters,later in this report.
Chapter 18.390. Decision Making Procedures:
Chapter 18.390.020 describes the four types of decision-making procedures. Type I procedures
apply to ministerial permits and actions containing clear and objective approval criteria and are
decided by the Director. Type II procedures apply to quasi-judicial permits and actions that
contain some discretionary criteria and are also decided by the Director but include provisions for
public notice and opportunities for appeals. Type III procedures apply to quasi-judicial permits
and actions that contain predominantly discretionary approval criteria. Type III-PC actions are
decided by the Planning Commission with appeals to the City Council. Type III-HO actions are
decided by the Hearings Officer with appeals to City Council. In cases where both the Hearings
Officer and Planning Commission are involved, the Planning Commission has preferential
jurisdiction, per Tigard Development Code (TDC) Section 18.390.080(D)(2)(a). Type IV
procedures apply to legislative matters which involve the creation, revision, or large-scale
implementation of public policy. Type IV matters are considered initially by the Planning
Commission with final decisions made by the City Council.
This application includes all four types of decision-making reviews. Pursuant to 18.390.080.D.2,whenever
an applicant requests more than one approval and more than one approval authority is required to decide
the applications, the proceedings can be consolidated so that one approval authority shall decide all
applications in one proceeding and the hearings shall be held by the approval authority having original
jurisdiction over one of the applications under Section 18.390.1000 in the following order of preference:
the Council, the Commission, the Hearings Officer, or the Director. Therefore, this application will
follow the procedures for Type IV reviews, with a recommendation being forwarded from the Planning
Commission to City Council, who shall make the final decision on all applications contained herein. In
addition, the notice shall identify each action to be taken; the decision on a plan map amendment shall
precede the decision on other actions; and the separate actions shall be taken on each application.
Chapter 18.390.050 132e states that applications shall include an impact study to quantify the effect
of the development on public facilities and services.
The permit application includes an impact study (Attachment 8) that addresses the impacts on the
transportation system, the drainage system, the parks system, the water system, the sewer system, and the
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noise impacts of the development.
Chapter 18.390.060G states that for legislative map and text amendments (Comprehensive Plan
and Development Code) the recommendation by the Commission and the decision by the
Council shall be based on consideration of the following factors:
♦ The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes
Chapter 197;
♦ Any federal or state statutes or regulations found applicable;
♦ Any applicable Metro regulations;
♦ Any applicable Comprehensive Plan policies; and
♦ Any applicable provisions of the City's implementing ordinances.
This report addresses the applicable standards listed above in the review section covering the proposed
comprehensive plan amendment as it applies to applicable Statewide Planning Goals, Federal or state
regulations, Metro regulations, City's Comprehensive Plan policies and provisions of the City's
Development Code.
Chapter 18.510. Residential Zoning Districts:
Chapter 18.510 lists the permissible uses and development standards for residential zones.
The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size
of 3,050 square feet. No residential uses are proposed as part of this application. The development
standards contained in this chapter refer primarily to development occurring on parcels or lots (i.e. lot size,
lot width, lot coverage, setbacks). The height limit is universally applied, but the proposal does not
approach 35 feet in height. Refer to the profile shown on Sheet L1 in Section 4 of the applicant's
submittal. The proposal for a collector street does not conflict with the R-12 zone standards.
Chapter 18.725. Environmental Performance Standards
18.725.020. General Provisions: A: Compliance with applicable state and federal regulations.
This project shall comply with applicable state and federal regulations related to erosion control and water
quality as conditioned by the wetlands permits issued by the Oregon DSL and the US Army Corps of
Engineers. Violations of other state and federal regulations pertaining to noise, odor and discharge of
matter would be addressed by nuisance enforcement.
Chapter 18.775. Sensitive Lands Permits:
Chapter 18.755 contains regulations to restrict development within sensitive land areas.
This proposal involves placing limited fill, road improvements and utilities within a wetland area and
natural drainageway. As such, a sensitive lands review is required for each types of resource. As described
previously, since this is a consolidated proceeding with a Comprehensive Plan Amendment, the highest
review authority shall make the final decision on all the included requests. Therefore, the application is
being processed as a Type IV procedure.
18.775.030 Administrative Provisions
Al. Interagency Coordination. The necessary permits for all "development" shall include a CWS
Service Provider Letter.
An amended service provider letter was issued by CWS (Attachment 11) which specifies conditions and
requirements necessary for the applicant to comply with CWS standards.
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B1. Alteration or Relocation of Water Course. The Director shall notify communities adjacent to
the affected area and the State Department of Land Conservation and Development prior to any
alteration or relocation of a watercourse, and submit evidence of such notification to the Federal
Insurance Administration;
B2. The Director shall require that maintenance is provided within the altered or relocated portion
of a watercourse so that the flood-carrying capacity is not diminished.
Maintenance shall be assured by the fact that most of the impact area is within public right of way, and the
remainder will be in a dedicated greenway tract. According to the Wetland Mitigation Plan, the City of
Tigard will be responsible for maintenance of the miti ation site during the 5-year monitoring period.
Maintenance recommendations for corrective action be included in the annual wetland monitoring
reports, and these actions will be implemented as needed. The Plan goes on to explain that long-term
protection of the mitigation site will be ensured by placin deed restrictions over the mitigation site
properties owned by the City of Tigard and the Fanno Pointe Condominium Owners Association.
According to conditions of the CWS Service Provider Letter (as stated in Attachment 11), maintenance
and monitoring, as well as, performance assurances for the vegetated corridor shall comply with CWS
standards.
Condition: The applicant shall finalize a maintenance agreement with the Fanno Pointe Condominium
Owners Association for the maintenance to the mitigation site on the Fanno Pointe Condo property and
submit the agreement prior to commencement of any site work.
18.775.040 General Provisions for Floodplain Areas.
This Section requires permit review for floodplain areas to determine whether building sites will
minimize the potential for flood damage.
The proposed roadway improvements will not be located within the 100-year floodplain. The watermain
extension included in the roadway does not extend into the 100-year floodplain and its elevation is above
the floodplain to preclude floodwater from infiltrating into the water system. Portions of the stream
restoration and plantings will be located within the flood lain. However per Section 18.775.020 C2, stream
and wetland restoration and enhancement programs perl`ormed under the direction of the City are exempt
from the sensitive lands provisions.
18.775.050 General Provisions for Wetlands
A. Code compliance requirements. Wetland regulations apply to those areas classified as
significant on the City of Tigard "Wetland and Streams Corridors Map", and to a vegetated
corridor ranging from 25 to 200 feet wide, measured horizontally, from the defined boundaries of
the wetland, per "Table 3.1 Vegetated Corridor Widths" and "Appendix C" Natural Resource
Assessments of the CWS "Design and Construction Standards". Wetland locations may include
but are not limited to those areas identified as wetlands in "Wetland Inventory and Assessment
for the City of Tigard, Oregon," Fishman Environmental Services, 1994.
The location of the proposed roadway improvement is identified as having two locally significant wetlands
(E-18, a manmade pond along Pinebrook Creek, and E-19, associated wetlands). The extent of the
vegetated corridors as determined by CWS are shown in the applicant's Attachment 11. The proposal is
therefore subject to sensitive lands review for wetlands.
B. Delineation of wetland boundaries.
Precise boundaries may vary from those shown on wetland maps; specific delineation of wetland
boundaries may be necessary. Wetland delineation will be done by qualified professionals at the
applicant's expense.
Three wetland delineations were conducted by different consultants. A wetland delineation was prepared
for the Tigard Library site including the Wall Street extension by Kurahashi & Associates in June 2002.
Another delineation report for the proposed Wall Street right of way extending east across the railroad
tracks wasprepared by Pacific Habitat Services in 2003. A wetland delineation report for the adjacent was
prepared for Fanno Pointe Condos by Rhea Environmental Consultants in August 2002. The
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consolidated delineations are shown in the existing conditions drawing as part of the DSL and Army
Corps permit application (Attachment 5 —Sheet 2a and 2b).
The extent of the vegetated corridors as determined by CWS are shown in the applicant's Attachment 11.
The applicant has submitted a report by Fishman Environmental Services (included in the DSL/Army
Corps Permit, attachment 5) and maps from a survey performed by DeHaas and Associates, attachment
11. This criterion is satisfied.
18.775.070 Sensitive Lands Permits
Approval criteria for various kinds of sensitive areas are presented in Sections 18.775.070B-
18.775.070E.
18.775.070A. Permits Required
A sensitive lands permit is required since the applicant is proposing improvements within sensitive lands
areas,including drainageways and wetlands.
18.775.070B. Within the 100-year floodplain
While the roadway improvements are not located within the floodplain, portions of the stream restoration
and plantings will be located within the floodplain. However per Section 18.775.020 C2, stream and
wetland restoration and enhancement programs performed under the direction of the City are exempt
from the sensitive lands provisions.
18.775.070D. Within drainageways.
The appropriate approval authority shall approve, approve with conditions or deny an application
request fora sensitive lands permit within drainageways based upon findings that all of the
following criteria have been satisfied:
1. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than that required for the use;
The applicant has conducted an alternatives analysis for the project that demonstrates that the proposed
impacts are the minimum practicable for the project goal (Attachment 6). In addition to selecting the
most feasible and least impacting road alignment, impacts are further reduced by removing much of the
planter strip along the south side of the road to maintain as great a distance as possible from the resource.
Phase 1 of the project was recently redesigned to reduce the impacts on sensitive lands to minimize
disturbances to the greatest extent possible given the project requirements. The length of the proposed
roadway was reduced from 425 feet to 350 feet, thus reducing the vegetated corridor impacts for Phase 1
from 24,274 sf to 18,429 sf (0.42 acres). The proposed vegetated corridor impacts are summarized in the
file (Attachment 11, Figure 1). The redesigned Phase 1 also includes a retaining wall along the eastern edge
of the Fanno Pointe Condos access to minimize the amount of vegetated corridor and wetland impact. A
vegetated corridor mitigation plan has been approved by Clean Water Services as part of the issued Service
Provider Letter. This criteria is satisfied.
2. The proposed land form alteration or development will not result in erosion, stream
sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or
property;
The applicant has submitted an erosion control plan (refer to Attachment 4D) with final construction
documents which includes erosion control features and notes that the erosion control measures shall
comply with Erosion Prevension and Sediment Control Planning and Design Manual developed by Clean
Water Services (CWS) and Field Manual for Erosion & Sediment Control prepared by ODOT. The
erosion plan will address temporary and immediate effects of the construction process. The standards
noted above will be adhered to during the project, or CWS may issue a stop work order until any noted
problems are corrected. In addition, a planting vegetative plan meeting CWS standards (Attachment 11)
will be implemented for the long term protection from soil migration.
Condition: The project will additionally meet the erosion control and water quality conditions
contained in the DSL and Corps of Engineers wetland permits and in the water quality certification issued
by the Department of Environmental Quality as part of the Corps of Engineers permit. Erosion control
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measures shall comply with Erosion Prevention and Sediment Control Planning and Design Manual
developed by Clean Water Services and the Field Manual for Erosion & Sediment Control prepared by
ODOT.
3. The water flow capacity of the drainageway is not decreased;
Approximately 550 linear feet of new stream channel will be reconstructed to mitigate for the appropriate
270 linear feet of Pinebrook Creek to be impacted. As part of the Library project (and Hall Blvd.
widening), basin hydrology and culver hydraulics were investigated to set the parameters for continuing
stream relocation. Currently, the stream is twice culverted (24" pipe) for a length of 170 feet and not
designed for fish passage. The reconfigured stream will be culverted once (57" X 38" pipe-arch for a
distance of 65 feet) at the same design capacity as the Hall Blvd culvert (to carry 25-yr flows) and will meet
fish passage requirements. Waterflow calculations for the Pinebrook culvert at the Fanno Pointe access
were made using the Hall Boulveard flows to determine the runoff contributing to the culvert. The water
surface profile plan created using the HEC-RAS river modeling program (Attachment 14 — memo from
DeHass and Associates dated Dec. 2, 2005) shows the hydraulic grade line for both 2 year fish passage and
25 year storm flows would be accommodated by a 36" culvert. Given the increased capacity of removing
the two smaller culverts and adding a larger (57" X 38") culvert, the application demonstrates that the
water flow capacity will no be decreased by proposed improvements. This criterion has been satisfied
4. Where natural vegetation has been removed due to land form alteration or development, the
areas not covered by structures or impervious surfaces will be replanted to prevent erosion in
accordance with Chapter 18.745, Landscaping and Screening;
The applicant has provided an erosion control and vegetated corridor mitigation/planting plan that
addresses such measures as approved by CWS and the City of Tigard Engineering. The Phase 1 vegetated
corridor replacement area is located both west and east of Fanno Creek and totals 18,829 sf Plant
quantities for this area include 482 trees and 2,411 shrubs. Disturbed areas will be planted upon
completion of the construction phase. This criterion has been satisfied.
5. The drainageway will be replaced by a public facility of adequate size to accommodate
maximum flow in accordance with the adopted 1981 Master Drainage Plan;
The new culvert and remaining open channel of the reconfigured Pinebrook Creek have been designed to
carry 25-year flows along with provisions for intermittent flooding into adjacent wetlands. As stated in
18.775.070 D3, the stream which is currently twice culverted (24" pipe) for a length of 170 feet will be
culverted once (57"X38" pipe-arch) at a distance of 65 feet and will meet fish passage requirements. The
Library project included a 30-foot wide by 100-foot long stormwater treatment Swale that was constructed
to accommodate the additional Wall Street impervious surface runoff, maintaining the same characteristics
and capacity. Water quality calculation for the Library Project with Wall Street including swale dimensions
and design parameters are included in the file (Attachment 13, Stormwater Report,Appendix D).
6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of
State Lands, and CWS approvals shall be obtained;
The applicant has shown approvals from Clean Water Services (#4203), U.S. Army Corps of Engineers
(Corps #200300137), and the Oregon Division of State Lands (DSL #31719-RF) approvals for both
phases of this project. This criterion has been met.
7. Where land form alterations and/or development are allowed within and adjacent to the 100-
year floodplain, the City shall require the consideration of dedication of sufficient open land area
within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall
include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway
within the floodplain in accordance with the adopted pedestrian bicycle pathway plan.
The property is owned by the City and has been dedicated as greenway. This project will connect the
recently constructed segment of the Fanno Creek Trail on the library site with the existing segment of trail
along the east side of the Fanno Pointe Condos. The conditions related to trail construction satisfy the
requirements of this criterion.
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18.775.070E. Within wetlands.
The Director shall approve, approve with conditions or deny an application request for a sensitive
lands permit within wetlands based upon findings that all of the following criteria have been
satisfied:
1. The proposed land form alteration or development is neither on wetland in an area designated
as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within the
vegetative corridor established per "Table 3.1 Vegetative Corridor Widths: and "Appendix C:
Natural Resources Assessments" of the CWS "Design and Construction Standards," for such a
wetland;
Theproposed encroachments will in fact impact the vegetated corridor and wetland resources identified as
significant on the "Wetlands & Stream Corridor" map, thus the applicant has applied for a comprehensive
plan amendment as provided for in TDC 18.775.130. In doing so, these criteria will not apply to those
impact areas. The remainder of the wetlands and vegetative corridor that are beyond theproject impact
area will not be subject to landform alteration. Due to the proposed encroachments and proximity of
construction activities to the significant wetlands and vegetated corridor, construction boundaries shall be
clearly defined in order to minimize disturbance of these areas.
2. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than the minimum required for the use;
The applicant has conducted an alternatives analysis for the project that demonstrates that the proposed
impacts are the minimum practicable for the project goal (Attachment 6). In addition to selecting the
most feasible and least impacting road alignment, impacts are further reduced by removing much of the
planter strip along the south side of the road to maintain as great a distance as possible from the resource.
As stated previously, the length of the proposed roadway improvement was 425 feet to 350 feet in order to
avoid development within the 100 ear floodplain. In addition, a retaining wall along the eastern edge of
the condominium access was added to reduce the amount of wetland impact to the minimum. The total
wetland impact area for Phase 1 was reduced from 0.25 acre to 0.11 acre. A wetland mitigation plan has
been approved by the U.S. Army Corps of Engineers and the Oregon Department of State Lands.
3. Any encroachment or change in on-site or off-site drainage which would adversely impact
wetland characteristics have been mitigated;
The applicant has provided a delineation of the wetland and a compensatory wetland mitigation plan, and
has gained approval of a mitigation plan from U.S. Army Corps of Engineers and the Oregon Department
of State Lands. The design of the reconfigured Pinebrook Creek will maintain wetland hydrology, and
additionally stormwater treated by the water quality facility on the library site will be discharged into the
wetland area to maintain its hydrologic characteristics and ensure that wetlands are not adversely effected
by development.
Condition: The applicant shall carry out the wetland/vegetated corridor mitigation plan as approved
with conditions by the Oregon Department of State Lands (DSL), U.S. Army Corps of Engineers and
Clean Water Services.
4. Where natural vegetation has been removed due to land form alteration or development,
erosion controlprovisions of the Surface Water Management pro ram of Washington County
must be met and areas not covered by structures or impervious sur aces will be replanted in like
or similar species in accordance with Chapter 18.745, Landscaping and Screening;
The applicant has provided an erosion control and wetland mitigation/planting plan that addresses such
measures as approved by CWS and the City of Tigard Engineering Department. Phase 1 mitigation will
consist of wetland creation (0.08 acres), wetland enhancement (0.29 acres) and wetland restoration (0.20
acres). A detailed plantings plan meeting CWS standards are contained in the file (Attachment 11).
Disturbed areas will be planted upon completion of the construction phase. This criterion has been
satisfied.
5. All other sensitive lands requirements of this chapter have been met;
All remaining sensitive lands requirements of the Sensitive Lands chapter can be achieved as indicated in
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the proceeding analysis. This criterion has been satisfied.
6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of
State Lands, and CWS approvals shall be obtained;
The applicant has shown approvals from Clean Water Services (#4203), U.S. Army Corps of Engineers
(Corps #200300137), and the Oregon Division of State Lands (DSL #31719-RF) approvals for both
phases of this project. This criterion has been met.
7. The provisions of Chapter 18.790, Tree Removal, shall be met;
An arborist report is included in the file (Attachment 9) Tree Removal provisions are addressed later under
Chapter 18.790 in this report.
8. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and
Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied.
These policies will be addressed later in this report under Comprehensive Plan Policies. Physical
Limitations and Natural Hazards and Wetlands are addressed under Policy 3.1, Floodplains are addressed
under Policy 3.2, Natural Areas are addressed under Policy 3.4, and Parks, Recreation and Open Space are
addressed under Policy 3.5.
18.775.090. Special Provisions for Locally Significant Wetlands and Along the Tualatin River,
Fanno Creek, Ball Creek, and South Fork of Ash Creek.
A. In order to address the requirements of Statewide Planning Goal 5 and the safe harbor
provisions of Goal 5 administrative rule pertaining to wetlands, all wetlands classified as
significant on the City of Tigard "Wetlands and Streams Corridors Map" are protected. No land
form alternations or developments are allowed within or partially within a significant wetland,
except as allowed/approved pursuant to Section 18.775.130.
The proposed roadway improvements for Phase 1 will impact 0.11 acres of wetlands designated as
significant on the "Wetlands and Streams Corridor Map". The applicant has applied for a Comprehensive
Plan Amendment under a Type IV procedure to remove Goal 5 protections from this area. The
amendment criteria are addressed later in this report.
B. In order to address the requirements of Statewide Planning Goal 5 and the safe harbor
provisions of Goal 5 administrative rule pertaining to riparian corridors, a standard setback
distance or vegetated corridor area, measured horizontally from and parallel to the top bank is
established for the Tualatin River, Fanno Creek, Ball Creek, and South Fork of Ash Creek.
The proposed roadway improvements for Phase 1 will impact 0.42 acres of vegetated corridor
designated as significant on the "Wetlands and Streams Corridor Map". The applicant has applied for a
Comprehensive Plan Amendment under a Type IV procedure to remove Goal 5 protections from this
area. The amendment criteria are addressed later in this report.
18.775.130. Plan Amendment Option
Any owner of property affected by the Goal 5 safeharbor (1) protection of significant wetlands
and/or (2) vegetated areas established for the Tualatin River, Fanno Creek, Ball Creek, and the
South Fork of Ash Creek may apply for a quasi-judicial comprehensive plan amendment under
Type IV procedure. This amendment must be based on a specific development proposal. The
effect of the amendment would be to remove Goal 5 protection from the property, but not to
remove the requirements related to the CWS Stormwater Connection Permit,which must be
addressed separately through an Alternatives Analysis, as described in Section 3.02.5 of the CWS
Design and Construction Standards. The applicant shall demonstrate that such an amendment is
justified by either preparing an Environmental, Social, Economic and Energy (ESEE)
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consequences analysis prepared in accordance with OAR 660-23-040 or by determining that the
resource is "insignificant":
The applicant has submitted an ESEE analysis that adheres to the requirements of OAR 660-23-040. This
analysis is contained in Attachment 7 of the file.
1. The analysis shall consider the ESEE consequences of allowing the proposed conflicting use,
considering both the impacts on the specific resource site and the comparison with other
comparable sites within the Tigard Planning Area;
The ESEE analysis was developed to address Phase 1 of the proposed Wall Street project. The applicant's
analysis uses the tabular format that has been utilized by the Tualatin Basin Partners for Natural Places
(the Goal 5 alliance of local governments in Washington County) which contains three scenarios; Allow,
Limit, and Prohibit. The ESEE analysis follows an alternatives analysis (attachment 6) that compares
other comparable sites in the planning area. The final alignment was recommended by project biologists to
both minimize impacts and allow for mitigation opportunities. Once the preferred option was determined,
the ESEE analysis (attachment 7) examines more thoroughly the impacts of allowing the conflicting use,
identified as Alternative 2a (Connect Wall Street to Hall Boulevard at the south side of the Tigard Library
Site); limit the conflicting use identified as Alternative 9 (Connect Wall Street to Hall Boulevard at the
same location as the preferred alternative and shift the remaining roadway northerly to minimize impacts
to Pinebrook Creek); and prohibiting the conflicting use (no build alternative).
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;
The summary of conclusions from the ESEE analysis argues that a strict "prohibit" decision would result
in strong economic, social and energy consequences. In addition to the improved (and safer) access to the
Tigard Public Library and Fanno Pointe Condos, the extension of Wall Street is identified in the Tigard
Transportation System Plan for its importance to the City's overall infrastructure. "Economic
consequences including the continued degradation of the transportation system and the levels of service at
nearby intersections. Undesirable social consequences stem from gridlock during peak hours. The energy
consequences are most obvious when traffic is at a stand still and burn fuel while idling. In addition,
increased energy costs to car operators, commercial and industrial traffic is a dual consequence. Both
economic and energy costs result."
The applicant did not identify as a positive consequence of the "limit" alternative that it may result in
increased property values (for adjacent landowners) due to the increased ability to gain enhancement or
restoration through mitigation, increased access to the Fanno Creek Trail, and safer vehicle access to the
sites. However, the analysis identifies positive social consequences of the "limit" alternative which include
reduction of potential loss of passive recreational and educational opportunities, scenic benefits, change to
area character and improved road safety.
FINDINGS: Staff finds that the application presents sufficient evidence justifying the requested
comprehensive plan amendment and reconfiguration of the natural resource. The alternatives analysis
identifies nine feasible road alignment options and a final proposed alignment recommended by project
biologists to both minimize impacts and allow for mitigation opportunities (refer to Attachment 6). As
stated earlier, Phase 1 of the Wall Street extension was recently redesigned to reduce the impacts on
sensitive lands to minimize disturbances to the greatest extent possible given the project requirements.
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The Biological Assessment prepared by Fishman Environmental Services asserts that extensive
modifications have been made to the historic conditions of Pinebrook Creek in the project area (from the
culvert under Hall Blvd. to its confluence with Fanno Creek). Negative impacts to downsteam hydrology
and water quality has resulted from past development, straightening and shortening of the stream channel
causing bank erosion and channel alterations to Pinebrook Creek between Hall Blvd. and Fanno Creek.
The Biological Assessment prepared by Fishman Environmental Services found that the associated man-
made ponds adversely affect the downstream water quality of Fanno Creek and the Pinebrook Creek is
currently impassable at its confluence with Fanno Creek.
This assessment found that "long term benefits of the project include improvement of fish and wildlife
habitat through restoration and enhancement of the altered lower Pinebrook Creek stream channel and
associate wetlands, removal of invasive and noxious species, and reconnection of Pinebrook Creek with
Fanno Creek to provide fish passage." Although the assessment concedes that the removal of the on-line
ponds may result in minor decreases to wildlife habitat value for some species, reconfiguring them into
wetland habitat will provide a long-term net benefit to water quality and fish habitat. The report concludes
that completion of the proposed mitigation activities (including the reconfiguration of Pinebrook Creek
and wetlands) will create the capability for proper functioning at the site, and will likely result in an
increase in the total area of properly functioning habitat available.
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;
To understand this issue fully, one must consider the requirements of the Transportation System Plan
(connect SW Hall to SW Hunziker for east west connectivity, refer to the DKS Memo on Linkages
between Hall, Hunziker and Dartmouth, Attachment 17), ODOT requirements on access spacing and the
need for consolidating access on the State Highway, and the design constraints for providing adequate
stacking length for left turn movements both into the library site, and onto SW Hall Boulevard
(attachment 12).
As part of granting approval for the Fanno Pointe Condos and Tigard Library, ODOT required that once
necessary approvals had been obtained, and the street constructed, both projects would take access from
Wall Street and not Hall Boulevard. The temporary driveway to the library would be removed as part of
the construction process of building Wall Street, and the temporary access to the condo project would be
closed off.
To handle the traffic needs for these two projects, the applicant submitted a study analyzing the amount of
turning lane stacking distance needed. Staff asked that the applicant specifically to look at the limited
impacts of these two traffic generators, instead of the total demand for a fully connected street, to assess
ways to minimize the initial impacts to the resource area. According to the traffic memo provided in
Attachment 12, a 100 foot long westbound left-turn lane should be provided along Wall Street with a 100-
165 foot transition zone east of the turn lane. The redesigned improvements will provide 300-feet to
accommodate this left-turn lane and a left-turn refuge for eastbound access to the Library and a transition
between the two left-turn lanes.
Considering the competing goals of resource protection and the need for permanent joint access into the
library and Fanno Pointe Condos (as well as ultimately possibility of an east-west connection between SW
Hall and SW Hunziker) it is clear why the use cannot be located on sites identified in the buildable land
inventory. First, there is no land designated as buildable between the library and condominium properties
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that could accommodate the joint accessway. Second, to have any connection between SW Hall and SW
Hunziker south of City Hall, a crossing of Fanno Creek is inevitable. As stated above, the applicant
examined 9 alternative alignments to minimize the impact to habitat, the floodplain, and wetlands. There
are no other sites within the planning area that could accommodate 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;
According to the applicant's narrative, the analysis was performed by a team from Fishman Environmental
Services (FES) consisting of Stacy Benjamin (a wetland ecologists and wetland/environmental assessment
project manager with a M.S. in Ecology and Evolution), and Dan Stark (a land use planner that is certified
by the American Institute of Certified Planners). [FES completed the original City of Tigard Local
Wetlands Inventory that resulted in the Sensitive Lands Overlay Zone, and FES staff has completed at
least 20 Goal 5 projects in the State of Oregon since the early 1990's, many of which included ESEE
elements."
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.
The applicant has submitted mapping materials including updated natural resource site locations based
upon site-specific delineations of natural resources and professional land surveying. These materials may
be used to update the City's sensitive lands overlay and be submitted to Metro to update regional GIS
layers.
FINDINGS: Based on the analysis above, staff finds that the applicant has satisfied the applicable review
criteria contained in Chapter 18.775 of the Tigard Development Code.
18.790 Tree Removal
18790.030 Tree Plan Requirement.
A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned
development review or conditional use is filed.
B. The tree plan shall include the following: the location, size and species of all existing trees
designated as significant; a program to save existing trees or mitigate tree removal over 12" in
caliper; trees which are proposed to be removed, and; protection program defining standards and
methods used by the applicant to protect the trees.
A plan for tree planting, removal and protection is not required since the applicant has filed for a
comprehensive plan amendment and not a subdivision, partition, site development review, planned
development or conditional use. However, the applicant has submitted a Tree Plan (Attachment 9c)
prepared by Steven Goetz, a registered consulting arborist with the Pacific Resources Group, that
identifies the location, size and species of existing trees; a program to save or mitigate for the trees, and
protection standards and methods. The application includes an Arborist Report (on Phase 1 and 2 of the
project) a tree assessment, a tree removal plan, a wetland mitigation/planting plan, an upland buffer
planting plan and planting tables. This plan identifies 44 trees greater than 6" diameter. The applicant is
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requesting removal of 9 trees greater than 12 inches in caliper size. As described previously, some of these
trees are in sensitive lands areas and require permits to remove. The following table provides a summary:
Trees 6" or greater proposed for removal:Total = 19 trees (over 12" = 9 trees)
#3 (10" hawthorn) #15 (26"locust)
#4 (12" hawthorn) #21-25 (hawthorn cluster 5@12")
#6 (8",6",6" olive) #27 (12" alder)
#8 (31" cedar) #34 (8"ash)
#9 (32" cedar) #35-36 (8", 12" ash)
#10 (10"locust) #37 (18" ash)
#11 (10"locust) #38 (15" ash)
#12 (9"locust) #46 (10"locust)
#13 (6", 11"locust) #47 (10"locust)
#14 (10"locust)
Trees 6" or greater identified as Dead or Hazard: Total = 10 trees
#5 hazard,no permit required) #31 (hazard, no permit required)
#7 (hazard,no permit required) #33 (hazard, no permit required)
#17 (hazard, no permit required) #39-40 (hazard,no permit required)
#20 (hazard, no permit required) #50 (hazard, no permit required)
#26 (hazard, no permit required) #53 (hazard, no permit required)
Trees 6" or greater proposed to be saved: Total = 15 trees (over 12" = 9 trees)
#18 (10" cedar) #44 (19" birch)
#19 (14" fir) #45 (10" locust)
#28 (12" crabapple) #48 (16", 11", 11", 10", 10"willow)
#29 (15"willow) #49 (14" alder)
#30 (20" ash) #51 (10"willow)
#32 (12" ash) #52 (9", 7", 6", 6", 5", 4"willow)
#41 (8",6" hawthorn) #54 (24" alder)
#42 (9",8",3",3", 3" hawthorn)
Total#of trees: 44
Total# of trees over 12" proposed for removal: 9
Total# of trees over 12" to be saved: 9
% of trees >12" retained: 50%
Total caliper inches removed: 182"
Required mitigation: 91"
B2c. Retention of 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of
the trees to be removed be mitigated.
For the purposes of calculating the amount of required mitigation, the total number of trees that are
greater than 12 inches diameter is 18. Nine of these trees (50%) are proposed for removal. The total
number of caliper inches represented by this removal is 182 caliper inches. The amount of mitigation
required is based on 50 percent of the total caliper inches removed,which equals 91 caliper inches.
The applicant's planting plan proposes mitigation that significantly exceeds the minimum requirement.
The plan calls for replanting 336 caliper inches versus the 91 caliper inches required to be mitigated. This
criterion is satisfied.
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18.790.050 Removal permit required. Tree removal permits shall be required only for the removal
of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit
for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030,
using the following approval criteria:
The Arborist Report indicates that 12 of the trees proposed for removal are within the sensitive land area
and thus requires a tree removal permit. Of these trees, four are identified as hazardous, two are non-
native species and 4 are 12" or less in diameter..
1. Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow
of surface waters or water quality as evidenced by an erosion control plan which precludes:
a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on
public or private streets, adjacent property, or into the storm and surface water system, either by
direct deposit, dropping, discharge or as a result of the action of erosion;
b. Evidence of concentrated flows of water over bare soils; turbid or sediment-laden flows; or
evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not
filtered or captured on site using the techniques of Chapter 5 of the Washington County Unified
Sewerage Agency Environmental Protection and Erosion Control rules.
The applicant has submitted an erosion control plan (refer to Attachment 4D) with final construction
documents which includes erosion control features and notes that the erosion control measures shall
comply with Erosion Prevension and Sediment Control Planning and Design Manual developed by Clean
Water Services and Field Manual for Erosion & Sediment Control prepared by ODOT. The erosion plan
will address temporary and immediate effects of the construction process. The standards noted above will
be adhered to during the project, or CWS may issue a stop work order until any noted problems are
corrected. In addition, a planting vegetative plan meeting CWS standards (Attachment 11) will be
implemented for the long term protection from soil migration.
2. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or
wetland, tree removal must maintain no less than a 75% canopy cover or no less than the existing
canopy cover if the existing canopy cover is less than 75%.
The applicant is proposing to remove 9 viable trees, totaling 182 caliper inches, from the sensitive lands
area to accommodate the roadway, and grading necessary to reconfigure Pinebrook Creek. To
compensate for these removals, the area will be enhanced by replanting 104 big leaf maples, 108 Douglas
firs, 29 Oregon white oaks, and 1,207 shrubs. The letter from Fishman Environmental Services
(Attachment 9e in the file) states that current canopy cover in the area is 40% and that plantings within the
stream and wetland corridor will result in a canopy cover greater than 40% within the a few years after
plant establishment. The total 10-year canopy cover estimated for these plantings is 86,322 sf and the
planting area of proposed mitigation is 24,142 s£ In addition to the trees that will repopulate the area, a
variety of shrubs will be planted to provide a dense foliage cover around the stream to provide the benefits
of shade which in turn will help regulate thermal pollution into Fanno Creek.
FINDING: Based on the analysis above, staff finds that the applicant has satisfied the applicable review
criteria contained in Chapter 18.790 of the Tigard Development Code.
Chapter 18.795. Vision Clearance:
18.795.040 B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge,
planting, fence,wall structure or temporary or permanent obstruction (except for an occasional
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utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no
curb exists, from the street center line grade, except that trees exceeding this height may be
located in this area, provided all branches below eight feet are removed.
Based on the present development and the proposed improvements, there are no current or proposed
obstructions within the vision clearance area.
18.795.040 A. Arterial streets. On all designated arterial streets the visual clearance area shall not
be less than 35 feet on each side of the intersection.
SW Hall Boulevard is designated as an arterial, therefore the more stringent standards will apply to both
streets. The road extension plan (Attachment 4C) shows 35-foot clear view triangles to provide visual
clearance at both corners of the intersection of Wall Street and Hall Blvd.
FINDING: Based on the analysis above, staff finds that the applicant has satisfied the applicable review
criteria contained in Chapter 18.795 of the Tigard Development Code.
Chapter 18.810. Street and Utility Improvements:
The relevant portions of this chapter for this project are limited primarily to the required street width.
Section 18.810.030.
18.810.030. Streets
A. Improvements
The purpose of Phase 1 of the Wall Street extension is to provide access to the Tigard Library and the
Fanno Pointe Condominiums.The extension of Wall Street is identified in the Transportation System Plan
(TSP), a subdocument to the City's Comprehensive Plan. Subsequent phases are intended to extend SW
Wall Street from Hall Blvd, east to the existing Wall Street east of the railroad.
B. Creation of Rights-of-way
The right of way will be created through a deed of dedication with the construction of the proposed
roadway extension.
E. Minimum rights-of-way and street widths
This provision specifies that for 3 lane collector streets with bike lanes in residential areas, a minimum 70
foot wide section is required. The applicant is proposing a 72 foot wide right of way to accommodate an
additional 2 feet for a wider center turn lane. In one section on the south side of the road, the applicant is
proposing to construct a curb tight sidewalk to lessen the degree of impact on the vegetative buffer. This
is allowable through 18.810.070 which provides "A planter strip separation of at least five feet between the
curb and the sidewalk shall be required in the design of streets, except where the following conditions
exist...there are significant natural features (large trees, water features, etc) that would be destroyed if the
sidewalk were located as required." In this case, additional impacts to the sensitive lands would result
from providing this planter strip area. By constructing the sidewalk without the planter strip, this area can
be "transferred" to the opposite side of the sidewalk and planted with materials that will be consistent with
a vegetative corridor.
F. Future street plan and extension of streets
Subsequent phases of the extension of Wall Street beyond the 350-feet proposed with this project intend
to extend the street across Fanno Creek to connect with Wall Street east of the railroad as identified in the
Tigard Transportation System Plan.
H. Street alignments and connections
Phase 1 of the Wall Street extension is intended to provide access to the Tigard Library and Fanno Pointe
Condominiums.
N. Grades and curves
According to the Plan and Profile map (Attachment 4) showing the proposed street improvements, grades
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for Phase 1 of the Wall Street extension will not exceed 7%, below the standard of 12% for collector
streets.
Q. Access to arterials and collectors
The project will moving access to the Tigard Library and Fanno Pointe Condominiums off of Hall Blvd,
which is an arterial and onto Wall Street which is a collector without through traffic.
AC. Traffic Study
This application includes a traffic study of impacts for this proposed Wall Street extension.
The standards for street improvements are met.
18.810.050. Easements
The applicant has indicated that easements for the utilities and roadway improvements will be provided as
necessary.
18.810.070. Sidewalks
Improvements proposed for this project include 6-foot wide sidewalks on both sides of the street. Due to
significant natural features along the south side of the roadway, much of the planter strip was removed
form the south side of the street.
18.810.080. Public Use Areas
This Wall Street extension will provide access to the Tigard Public Library and connect the north and
south segments of the Fanno Creek Trail.
18.810.100. Storm Drainage
The Library project included a 30-foot wide by 100-foot long stormwater treatment swale that was
constructed to accommodate the additional Wall Street impervious surface runoff, maintaining the same
characteristics and capacity. Water quality calculation for the Library Project with Wall Street including
swale dimensions and design parameters are included in the file (Attachment 13, Stormwater Report,
Appendix D).
18.810.110. Bikeways and Pedestrian Pathways
The project includes 6-foot wide bike lanes on both sides of Wall Street as required for collector streets.
Also, the segments of the Fanno Creek Trail located north and south of the site will be connected
providing bicycle and pedestrian access to this pathway.
FINDING: Based on the analysis above, staff finds that the applicant has satisfied the applicable review
criteria contained in Chapter 18.810 of the Tigard Development Code.
City Comprehensive Plan Policies
A review of the comprehensive plan identified the following relevant policies for this application:
Policy 2—Citizen Involvement
2.1.1 The City shall maintain an ongoing citizen involvement program and shall ensure that
citizens will be provided an opportunity to be involved in all phases of the planning process.
This policy has been met by complying with the Tigard Development Code notice requirements set forth
in Section 18.390. Notice was mailed to all property owners within 500 feet of the project site and notice
was additionally published in the Tigard Times prior to the hearing, including a property owners of record.
After the Planning Commission public hearing, additional notice will be published prior to the City
Council hearing. The date of the Council hearing was included in the original notice to property owners.
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Two public hearings are held (one before the Planning Commission and the second before the City
Council) at which an opportunity for public input is provided.
2.1.3 The City shall ensure that information on land use planning issues is available in an
understandable form for all interested citizens.
Notice is provided in an understandable form, and contact information is provided for citizens if they have
additional questions.
Policy 3—Natural Features and Open Space
3.1 Physical Limitations and Natural Hazards and Wetlands
The City shall not allow development in areas having the following development limitations
except where it can be shown that established and proven engineering techniques related to a
specific site plan will make the area suitable for the proposed development. (Note: This policy
does not apply to lands designated as significant wetlands on the floodplain and wetlands map.):
a. Areas meeting the definition of wetlands under chapter 18.26 of the Community Development
Code;
b. Areas having a severe soil erosion potential;
c.Areas subject to slumping, earth slides or movement;
d. Areas having slopes in excess of 25%; or
e.Areas having severe weak foundation soils.
The area impacted by the proposed improvements include part of the vegetative corridor along Pinebrook
Creek and wetlands. A field study was conducted on four test pits (in 100 foot intervals) along the Wall
Street alignment and finding were summarized in the submitted Geotechnical Report (Attachment 10).
Soils encountered in the study were interpreted as topsoil, alluvium, organic debris associated with swampy
conditions, and micaceous silt and sand. The report provides design recommendations for site
preparation, excavation, and the placement and compaction of all structural fill. Based on this report,
there is no indication that the area has severe soil erosion potential, earth slumping, steep slopes, or weak
foundation soils. The applicant has submitted final engineered drawings and a final geotechnical review
(based on an evaluation of subsurface conditions on the site) which includes the design parameters for
pavement structures (based on the number of equivalent 18-kip single axel loads), pavement sections and
pavement materials for the proposed roadway. (Attachment 10). The applicant has presented required
approvals for impacts to sensitive lands from Clean Water Services (#4203), U.S. Army Corps of
Engineers (Corps #200300137), and the Oregon Division of State Lands (DSL #31719-RF) approvals for
both phases of this project. The application has been reviewed through the sensitive lands procedures
which address erosion control issues. The report covers the original proposed 425-foot Wall Street
extension,which was recently shortened to 350-feet to avoid the floodplain.
3.2 Floodplains
3.2.1 The City shall prohibit any land form alterations or developments in the 100-Year Floodplain
which would result in any rise in elevation of the 100-Year Floodplain.
The proposed roadway and watermain extension will not be located within the 100-year floodplain.
Although portions of the stream restoration and plantings will be located within the floodplain, these
restoration and enhancement activities to be performed under the direction of the City are exempt from
the sensitive lands provisions per Section 18.775.020 C2.
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Nevertheless, the application does include a hydraulic analysis (Attachment 14) prepared by DeHass and
Associates,Inc. with a memo for Phase 1 of the Wall Street extension which certifies that the proposed
improvements will "cause no-rise in Fanno Creek during a 100-year flood event."
3.2.4 The City shall prohibit development within areas designated as significant wetlands on the
floodplain and wetlands map. No development shall occur on property adjacent to areas
designated as significant wetlands on the floodplain and wetlands map within twenty five (25) feet
of the designated wetlands area. Development on property adjacent to significant wetlands shall
be allowed under the planned development section of the code.
As discussed in this application report, the Development Code provides a mechanism for removing the
resources from the wetland map, through a Comprehensive Plan Amendment Type IV ESEE analysis. By
successfully removing these resources from the inventory, this policy would not apply.
3.2.3 Where land form alterations and development are allowed within the 100-year floodplain*
outside the zero-foot rise floodway*, the City Shall Require:
b. Engineered drawings and/or documentation showing that there will be no detrimental
upstream or downstream effects in the floodplain* area, and that the criteria set forth in the
sensitive lands section of the code have been met (See FIS September 1981);
The Biological Assessment prepared by Fishman Environmental Services states that the project is not
expected to increase erosion or flooding upstream or downstream of the project, due to the use of the
water quality treatment facility (or bioswale) and energy dissipating rocked pads to prevent erosion at the
point of discharge.
3.2.5 The City shall require the consideration of dedication of all undeveloped land within the 100-
year floodplain plus sufficient open land for greenway purposes specifically identified for
recreation within the plan.
The property already belongs to the City and/or has been dedicated as greenway,. This project will connect
the recently constructed segment of the Fanno Creek Trail on the library site with the existing segment of
trail along the east side of the Fanno Pointe Condos.
3.4 Natural Areas
3.4.1 The City shall designate, in accordance with Goal 5, the following as areas of significant
environmental concern.
a. Significant wetlands;
b. Areas having educational research value, such as geologically and scientifically significant
lands; and
c. Areas valued for their fragile character as habitats for plants, animals or aquatic life, or having
endangered plant or animal species, or specific natural features,valued for the need to protect
natural areas.
These areas have been designated and are identified as being within sensitive land areas, primarily wetland
and drainageways.The alternatives analysis states that the proposed alignment would impact the
Pinebrook Creek riparian corridor and wetlands. Pinebrook Creek provides habitat for a variety of animals
that are strictly aquatic, aquatic during one life stage, or highly dependent on the stream for life requisites.
The pond has non-native mosquito fish, a variety of typical aquatic invertebrates,vascular aquatic plats and
large amounts of algae (in summer).These impacts would reduce available habitat for aquatic
invertebrates, frogs,water fowl,wading birds, and possibly turtles.The presence of a completed road
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would introduce human activities that would have a disturbance effect on wildlife, resulting in reduced
presence or activity of some wildlife species. The project proposes an upland buffer will be maintained
adjacent to the wetland mitigation site and educational signs will be posted to request that the public avoid
disturbing the area in order to increase the wildlife habitat function.
The Biological Assessment prepared by Fishman Environmental Services, includes a table (Table 1)
summarizing the federally listed threatened and endangered species, candidate species , and species of
concern potentially occurring in the Wall Street project area. Based on lists from the US Fish and Wildlife
Service and the Oregon Natural Heritage Program. In 2003, Fishman staff visited the project site on four
occassions to delineate wetlands, assess potential impacts, potential enhancement and mitigation areas,
existing fish habitat conditions, and tour the site. In 2000, the Northwestern Pond Turtle, a federal
Species of Concern (SOC) and a state critical (SC) species, was observed in the vicinity of the project site.
The Biological Assessment indicates the project site contains "patches of suitable turtle habitat", however,
it goes on to state that turtles have not been documented on site and were not observed during their field
visits of the project site. This Assessment states that project design will include turtle conservation
measure will be part of the proposed project, such as creating a turtle barrier (of fencing or dense
shrubbery) along the new road. The assessment also indicates that the proposed wetland and vegetated
corridor mitigation will improve access and winter cover for turtles.
The recent redesign of Phase 1 will reduce the impacts on sensitive lands to minimize disturbances to the
greatest extent possible given the project requirements. The length of the proposed roadway was reduced
from 425 feet to 350 feet, thus reducing the vegetated corridor impacts for Phase 1 from 24,274 sf to
18,429 sf (0.42 acres). The proposed vegetated corridor impacts are summarized in the file (Attachment
11, Figure 1). The redesigned Phase 1 also includes a retaining wall along the eastern edge of the Fanno
Pointe Condos access to minimize the amount of vegetated corridor and wetland impact. Currently, the
stream is twice culverted (24" pipe) for a length of 170 feet and not designed for fish passage. The
reconfigured stream will be culverted once (57'X38" pipe-arch for a distance of 65 feet) at the same
design capacity as the Hall Blvd culvert (to carry 25-yr flows) and will meet fish passage requirements. The
realigned stream will remove the two long culverts, and will follow the historic channel.
In general, the report concluded that the "potential for direct adverse effects resulting in significant or
direct mortality of a listed species is minimal with this project. Any direct effects would likely be transitory
and within the ability of both juveniles and adults to bypass or temporarily leave the proposed action
area."
FINDINGS: Given the conclusions of the biological assessment and the fact that Phase 1 has been
redesigned to minimize the impacts to significant wetland and riparian resources, staff finds that applicant
has addressed the potential adverse effects to areas of significant environmental concern.
3.4.2 The City shall:
a. Protect fish and wildlife habitat along stream corridors by managing the riparian habitat and
controlling erosion, and by requiring that areas of standing trees and natural vegetation along
natural drainage courses and waterways be maintained to the maximum extent possible;
This policy is addressed through the sensitive lands chapter of the development code.
d. Address Goal 5 rule Requirements pertaining to the preservation of wetlands once adequate
information on the location, quality, and quantity of wetland sites is obtained. This Goal 5 review
will include determining which wetland sites are ecologically and scientifically significant.
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Citizens will participate in making policy recommendations for the protection and preservation of
those wetland areas designated as significant. The City shall complete its Goal 5 review of
wetland areas before the City's next periodic review, but no later than December 23, 1996.
The inventory of wetland areas designated as significant within the City of Tigard was completed by
Fishman Environmental Services in December of 1994.
3.5 Parks, Recreation and Open Space
3.5.3 The City has designated the 100-year floodplain of Fanno Creek,its tributaries, and the
Tualatin River as Greenway,Which will be the backbone of the open space system. Where landfill
and/or development are allowed within or adjacent to the 100-year floodplain, the City shall
require the consideration of dedication of sufficient open land area for greenway adjoining and
within the floodplain.
The property already belongs to the City and/or has been dedicated as greenway,. This project will connect
the recently constructed sewent of the Fanno Creek Trail on the library site with the existing segment of
trail along the east side of to Fanno Pointe Condos.
3.5.4 The City shall provide an interconnected pedestrian/bikepath throughout the City.
This project will connect the recently constructed segment of the Fanno Creek Trail on the library site
with the existing segment of trail along the east side of the Fanno Pointe Condos.
Policy 4—Air,Water, and Land Resources
4.2.1 All development within the Tigard Urban Planning Area shall comply with applicable
Federal, State and Regional water quality standards, including those contained in the Clean Water
Services' Design and Construction Manual. (Rev. Ord. 02-15)
Compliance with these standards is assured through obtaining permits from the appropriate regulating
agencies. Such approvals have been obtained from Clean Water Services,Division of State Lands, and the
US Army Corps of Engineers.
Policy 7—Public Facilities
7.1.1 The City shall:
a. Prepare and implement a capital improvements program in conjunction with Washington
County and the applicable service districts;
b. Work with the service districts to provide a coordinated system for providing services;
c. Provide urban services in accordance with the Comprehensive Plan to the extent of the City's
financial resources;
d. Use the capital improvements program as a means for providing for orderly growth and the
efficient use of land;
These policies serve as the basis for the need for the Transportation System Plan (TSP), a subdocument to
the City's Comprehensive Plan adopted by resolution 02-33 (effective on October 10, 2002). The TSP lays
out the City's Transportation improvement needs over a 20-year planning period and directs where growth
or capital projects shall occur, and allows adjacent jurisdictions to coordinate their infrastructure. The
extension of SW Wall Street is identified in TSP.
7.2 Storm drainage and wastewater management
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7.2.1 The City shall require as a pre-condition to development that:
a. a site development study be submitted for development in areas subject to poor drainage,
ground instability or flooding which shows that the development is safe and will not create
adverse off-site impacts:
The applicant has submitted detail development plans and has delineated the flood plain. The applicant's
engineer has submitted a certification stating that there will be no rise in the base flood elevation, and as
discussed previously, the construction will be designed to resist damage.
b. Natural drainage ways be maintained unless submitted studies show that alternative drainage
solutions can solve on-site drainage problems and will ensure no adverse off-site impacts;
The applicant is proposing to realign Pinebrook Creek. While generally discouraged, the present alignment
is the result of prior landforming activities that redirected the creek to a more northerly alignment.
Currently, the stream is twice culverted (24" pipe) for a length of 170 feet and not designed for fish
passage. The reconfigured stream will be culverted once (57"X38" pipe-arch for a distance of 65 feet) at
the same design capacity as the Hall Blvd culvert (to carry 25-yr flows) and will meet fish passage
requirements. The realigned stream will remove the two long culverts, and will follow the historic channel.
c. All drainage can be handled on-site or there is an alternative solution which will not increase
the off-site impact;
A stormwater report prepared to evaluate the water treatment facility on the library site considers the
drainage from the 1s`Phase of the Wall Street extension. Drainage will be conveyed to a stormwater
treatment facility and discharged into Fanno Creek.
e. Erosion control techniques be included as a part of the site development plan.
The applicant has submitted an erosion control plan (refer to Attachment 4D) with final construction
documents which includes erosion control features.
Policy 8—Transportation
8.1.1 Plan, design and construct transportation facilities in a manner which enhances the livability
of Tigard by:
a. Proper location and design of transportation facilities.
This Wall Street extension will provide access to the Tigard Public Library and connect the north and
south segments of the Fanno Creek Trail. The facilities have been designed and reviewed by the City's
Capital Improvement Division within the Engineering Department.
b. Encouraging pedestrian accessibility by providing safe, secure and desirable pedestrian routes.
The project includes 6-foot wide bike lanes on both sides of Wall Street as required for collector streets.
Also, the segments of the Fanno Creek Trail located north and south of the site will be connected
providing bicycle and pedestrian access to this pathway.
c. Addressing issues of excessive speeding and through traffic on local residential streets through
a neighborhood traffic program. The program should address corrective measures for existing
problems and assure that development incorporates traffic calming.
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Not applicable to this application. Wall Street is classified in the Transportation System Plan (TSP) as a
collector which is described as providing"both access and circulation within and between residential and
commercial/industrial areas." Phase 1 of the Wall Street extension will terminate west the Fanno Creek
and is primarily intended to provide access to the Tigard Library and the Fanno Pointe Condominiums.
8.1.2 Provide a balanced transportation system,incorporating all modes of transportation
(including motor vehicle, bicycle, pedestrian, transit and other modes)
The proposed roadway improvements will be consistent with the requirements for a "collector" as
described in the TSP. Bicycle lanes, as well as motor vehicle and pedestrians are accommodated in the
design.
8.1.3 Strive to achieve a safe transportation system by the development of street standards, access
management policies and speed controls when constructing streets and by making street
maintenance a priority and through a comprehensive program of engineering, education and
enforcement.
These standards are achieved through the requirements in Chapter 18.810 of the development code.
FINDING: Based on the analysis above, staff finds that the proposed project has addressed the
relevant policies contained in the Tigard Comprehensive Plan.
METRO Framework Plan
Metro Functional Plan Title 3 — Water Quality, Flood Management, and Fish/Wildlife Habitat
Conservation — protect beneficial uses and functional values of water quality and flood
management resources by limiting uses in these areas. Establish buffer zones around resource
areas to protect from new development.
As stated earlier in the review of applicable Development Code criteria, the Code allows for flexibility for
developments when they are adjacent to natural resource areas. This is in addition to the City's, Clean
Water Services, state and federal standards protecting natural resource areas. The Clean Water Services
standards are intended to comply with Metro's Title 3. The proposed development, therefore, does not
conflict with Title 3 requirements.
Metro Functional Plan Title 6 — Regional Accessibility (Regional Transportation Plan) — The
RTP provides a regional plan for transportation improvements and requires City's plans to be
consistent. The RTP also provides plans for Transit, TDM and pedestrian mobility. The RTP
replaces Metro Functional Plan Title 6.
The City has adopted the Transportation System Plan which implements and adheres to the requirements
of the Regional Transportation Plan.
Metro Functional Plan Title 13 — Nature in Neighborhoods — conserve, protect, and restore a
continuous ecologically viable streamside corridor system, from the streams' headwaters to their
confluence with other streams and rivers, and with their flooplains in a manner that is integrated
with upland wildlife habitat and with the surrounding urban landscape; and control and prevent
water pollution for the protection of the public health and safety, and to maintain and improve
water quality throughout the region.
WALL STREET EXTENSION—STAFF REPORT TO THE PLANNING COMMISSION PAGE 26 OF 32
CPA2004-00001/SLR2004-00003/SLR2006-00001/TRE2006-00001,2,3,4,5,6,7,8&9
Title 13 is part of the regional approach to implement Statewide Planning Goal 5. As part of the proposed
project, wetlands, vegetated corridor and habitat were inventoried and delineated. An Environmental,
Social , Economic and Energy (ESEE) analysis was conducted using the methodology compliant with the
methods used by Metro and the Tualatin Basin Partners for Natural Places. Protections are in place via
the development code restrictions. The applicant is proposing to amend the wetland inventory to remove
the protection to the wetlands, and relocate the waterway. This is being done as a Comprehensive Plan
Amendment per TDC Section 18.775.130 to remove the Goal 5 protections from the property. The
review process also requires compensatory mitigation and reestablishment of the wetland area. Once the
new wetland has been established, this will be added back into the inventory of protected sites. A
thorough review by local (CWS), state (DSL), and federal (USACE) agencies has been conducted, and
approvals have been issued from all three (Attachments 5 and 11).
As stated earlier in this report, the Biological Assessment prepared by Fishman Environmental Services
found that completion of the proposed mitigation activities (including the reconfiguration of Pinebrook
Creek and wetlands) will create the capability for proper functioning at the site, and will likely result in an
increase in the total area of properly functioning habitat available.
FINDING: Based on the analysis above, staff finds that the proposed project has addressed the
relevant policies contained in the Tigard Comprehensive Plan
Statewide Planning Goals
Statewide Planning Goal 1—Citizen Involvement:
This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and
changes to the Comprehensive Plan and implementing documents.
This goal has been met by complying with the Tigard Development Code notice requirements set forth in
Section 18.390. A notice was mailed to all property owners within 500 feet of the project site and the
notice was additionally published in the Tigard Times prior to the hearing. After the Planning
Commission public hearing, additional notice will be published prior to the City Council hearing. Two
public hearings are held (one before the Planning Commission and the second before the City Council) at
which an opportunity for public input is provided.
Statewide Planning Goal —Land Use Planning.•
This goal outlines the land use planning process and policy framework. The Comprehensive Plan
was acknowledged by DLCD as being consistent with the statewide planning goals.
The Development Code implements the Comprehensive Plan. The Development Code establishes a process
and policies to review changes to the Goal 5 Safe-harbor Rules consistent with Goals 2 and 5. The applicant's
plan provides analysis and policies, with which to evaluate a request for amending the Code consistent with
Goal 2. As discussed within this report, the proposed amendments comply with the Development Code and
Comprehensive Plan criteria.
Statewide Planning Goal 9—Natural Resources
Requires the inventory and protection of natural resources, open spaces, historic areas and sites
suitable for removal and processing of mineral and aggregate resources.
This goal is met because the resources have been inventoried and delineated. Protections are in place via
the development code restrictions. The applicant is proposing to amend the wetland inventory to remove
WALL STREET EXTENSION—STAFF REPORT TO THE PLANNING COMMISSION PAGE 27 OF 32
CPA2004-00001/SLR2004-00003/SLR2006-00001/TRE2006-00001,2,3,4,5,6,7,8&9
the protection to the wetlands, and relocate the waterway. This is being done as a Comprehensive Plan
Amendment to remove the Goal 5 protections from the property through preparation of an
Environmental, Social , Economic and Energy (ESEE) analysis. The review process also requires
compensatory mitigation and reestablishment of the wetland area. Once the new wetland has been
established, this will be added back into the inventory of protected sites. A thorough review by local
(CWS), state (DSL), and federal (USACE) agencies has been conducted, and approvals have been issued
from all three (Attachments 5 and 11).
Statewide Planning Goal 6—Air, Water and Land Resource Quality,
This goal is intended to regulate all waste and process discharges into the air,water, or lands of
the state. Waste and Process Discharges refers to solid waste, thermal, noise, atmospheric or
water pollutants, contaminants, or products therefrom.
The proposal includes a long term erosion control component through its replanting plan, and temporary
impacts to soils will be controlled during the construction process. Pollution control manholes and water
quality swales will be incorporated into the project to reduce point source contaminants. The combination
of these efforts will ensure that this goal is met.
Statewide Planning Goal 11—Public Facilities and Services
This goal is intended to plan and develop a timely, orderly and efficient arrangement of public
facilities to serve as a framework for urban and rural development.
The temporary accessways to the Tigard Public Library and Fanno Pointe Condos has been determined
unsafe by not meeting ODOT spacing standards. The proposed Wall Street extension will enhance safety
and access to the Tigard Public Library and connect the north and south segments of the Fanno Creek
Trail.
Statewide Planning Goal 12- Transportation:
This goal is intended to provide and encourage a safe, convenient and economic transportation
system. This Goal is implemented by Oregon Administrative Rule 660-12, which is also known as
the Transportation Planning Rule (TPR).
Chapter 18.810 of the development code was recently amended to ensure consistency with both the
Transportation Planning Rule, and the adopted Transportation System Plan (TSP). The applicant's
proposal is the first of two phases to complete a connection to SW Hunziker from SW Hall Boulevard,
which is identified in the TSP. The city is obligated to pursue improvements identified in the TSP as part
of its comprehensive traffic management program. Although, the primary purpose of this project is to
consolidate the accessways into the Tigard Public Library and the Fanno Pointe Condominiums off of
Hall Blvd., the applicant's request is also in part to implement the objective of the TSP. Since other
obstacles exist that are outside the applicant's control (namely the inability to receive approval for an at
grade crossing) which prevent full connection at this time, only the first phase is being proposed. This
first phase also implements the principles of the TSP by consolidating accesses along the state highway
arterial (SW Hall Boulevard).
FINDING: Based on the analysis above, staff finds that the proposed amendments do not violate
applicable Statewide Planning Goals.
WALL STREET EXTENSION—STAFF REPORT TO THE PLANNING COMMISSION PAGE 28 OF 32
CPA2004-00001/SLR2004-00003/SLR2006-00001/TRE2006-00001,2,3,4,5,6,7,8&9
State or Federal Regulations
Oregon Revised Statutes, ODOTAuthority to Regulate Highways
Oregon Revised Statues Chapter 374 addresses ODOT's authority to control access to state highways.
The requirement that access be consolidated for the Library and Fanno Pointe complies with these statues
generally.
Oregon Revised Statues Chapter 196 addresses general wetland requirements within the state. These
statutes are administered by Division of State Lands.
Federal Clean Water Act, section 404
The clean water act is responsible for regulating impacts to wetlands and other navigable waters of the
United States. The agency primarily responsible for implementing these federal statutes is the Army Corps
of Engineers. The Corps has reviewed the proposal and issued an approval for wetland fill (Attachment
5).
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Police Department Crime Prevention Officer has reviewed the proposal and has no
objection to it. The Development Review Engineer and Public Works Project Engineer received copies of
the proposal for review and submitted no comments or objections.
The City of Tigard Arborist has reviewed the proposal and has filed the following comments.
Due to the fact that this area is so close to Fanno Creek and a substantial amount of land will be enhanced
with native plants, I strongly recommend that any non-native trees be girdled and left standing (if safe to
do so). The resulting snags will provide habitat, especially the invasive hawthorns.
Response: A condition will be set for the tree removal plan that any non-native trees shall be girdled and
left as snags rather than removed to provide habitat in areas where there are no safety issues.
SECTION VIII. AGENCY COMMENTS
The US Army Corps of Engineers has reviewed the proposal as part of the wetlands permit process and
submitted conditions of approval (Corps #200300137) which are included with the application.
Metro — Land use and Planning was given the opportunity to review this proposal and submitted no
comments or objections.
Oregon Department of State Lands has reviewed the proposal as part of the wetlands permit process
and submitted conditions of approval (DSL #31719-RF) which are included with this application.
Oregon Department of Fish and Wildlife, Department of Land Conservation and Development,
Department of Environmental Quality and Department of Transportation were given the
opportunity to review this proposal and submitted no comments or objections.
Clean Water Services has reviewed the proposal as part of the vegetated corridor permit process and
submitted conditions of approval (#4203) which are included with this application.
Washington County Department of Land Use & Transportation has reviewed the proposal and has
no objection to it.
Comcast Cable Corp, Portland General Electric and NW Natural Gas Company were given the
opportunity to review this proposal and submitted no comments or objections.
WALL STREET EXTENSION—STAFF REPORT TO THE PLANNING COMMISSION PAGE 29 OF 32
CPA2004-00001/SLR2004-00003/SLR2006-00001/TRE2006-00001,2,3,4,5,6,7,8&9
PREPARED BY: Denver Igarta DATE
Associate Planner
REVIEWED BY: Richard Bewersdorff DATE
Planning Manager
WALL STREET EXTENSION-STAFF REPORT TO THE PLANNING COMMISSION PAGE 30 OF 32
CIIIA2004-00001/SLR2004-00003/SLR2006-00001/TRE2006-00001,2,3,4,5,6,7,8&9
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Exhibit C
rpt
MEMORANDUM
TIGARD
TO: Honorable Mayor and City Council
FROM: Denver Igarta
RE: Addendum to the Staff Report on SW Wall Street
DATE: April 25, 2006
After the staff report on the SW Wall Street extension was finalized and disseminated to members of
the Planning Commission, the following factual errors were revealed.
1. Based on the application materials, the staff report indicates that the project proposes to
extend SW Wall Street by 350 feet to the east of SW Hall Boulevard. Prior to the Planning
Commission hearing, the applicant's representative alerted staff that the length of the
proposed roadway was misstated in the project summary of their application. SW Wall Street
will actually extend 360 feet to the east of SW Hall Boulevard. The maps, technical materials
and impact calculations submitted in the application were not effected by the error in the
project summary. This mistake was addressed and clarification was made during the public
hearing before the Planning Commission on April 3, 2006.
2. In multiple places within the staff report (pages 5, 11, 23, & 25), the two existing Pinebrook
Creek culverts planned for removal are classified as 24 inch pipe for a length of 170 feet. In
actuality, the culverts include a 12 inch pipe for a length of 140 feet and an 18 inch pipe for a
length of 10 feet.
3. The staff report addresses Metro' Regional Accessibility Policy, formerly Title 6 of the
Urban Growth Management Functional Plan. This Policy was superceded by Metro's
Regional Transportation Plan (RTP) when it was adopted in 2000. All of the requirements of
Title 6 have been incorporated into Chapter 6 of the RTP.
Exhibit D
v
ACKENZI E
April 17,2006
City of Tigard
Attention: Denver Igarta
13125 SW Hall Blvd
Tigard,OR 97223-8199
Re: Wall St
Project Number 2050046
LO
C Dear Denver:
9 �
co
It is the project team's understanding that four letters have been submitted to date regarding
' the Wall Street Extension project(CPA 2004-0001/SLR 2004-00003/SLR 2006-0000l/TRE
2006-00001 — 00009). These letters are from The Biodiversity Project of Tigard, John
r_ 114
Frewing,Leander Clifford,and Pamela Sigler, The letters identify similar areas of concern.
As such, the following addresses the letters by grouping similar areas of concern and
providing a response to each.
0 � Land Use Application Process: Per the application narrative and the staff report, this
W � application includes a Comprehensive Plan Amendment to remove Goal 5 protection from the
wetlands impacted by the roadway improvements. A Sensitive Lands Review is required for
impacts to the wetlands and drainageways and the proposed reconfiguration of the Pinebrook
0 10
Creek and to approve the mitigation proposed for these impacts. Tree Removal permits are
required for the removal of trees within the Sensitive Land Area. The Comprehensive Plan
Amendment is a Type III-PC process, per Section 18.380.030 of the Code. As all of the
applications have been submitted concurrently, the applications are elevated to the Type I
10
Ck process. No Conditional Uses are requested with this application.
Authorization from all property owners was obtained,and confirmed,as part of the submittal
Group process. Federal Insurance Administration notification will occur after the appropriate City
Mackenzie, approvals have been obtained.
Incorporated
Wall St Phase Clarification:The land use applications define Phase I of Wall Street as the
extension from Hall Blvd to 360 ft to the east. As no other portion of Wall Street exists at this
time,the Phase I title is appropriate. However,in regards to the City's Capital Improvement
Group Program, and the planned construction, the City's engineering department titled the signal
Mackenzie improvements previously completed as Phase I. As such,with the construction documents for
Engineering. this Wall St extension, it may be titled Phase Ib and/or Phase II. Regardless,only 360 ft of
Incorporated
Wall St is proposed at this time.
Sensitive Lands:
Ph ■ 18.385.040: This application includes a Comprehensive Plan Amendment to remove the
Locations: Sensitive Lands designation from the wetlands and other sensitive lands within the road
H:\PROJECTS\205004600\WP\LTR\06417City.doc
City of Tigard
Wall St
Project Number 2050046
April 17, 2006
Page 2
alignment. With the approval of this application,the Wetland and Stream Corridor map
will be modified.
■ 18.775.020C.2: Section 775.020 concerns the applicability of uses requiring a Sensitive
Lands Permit. The roadway is not located within the floodplain;however the proposal
includes placing limited fill,road improvements,and utilities within a wetland area and a
natural drainageway, In addition, wetland mitigation, including creation and
enhancement is located within the floodplain. Per subsection 020C.2,stream restoration
and plantings are permitted within the floodplain. Regardless,a Sensitive Lands Permit
has been requested and no exemptions have been claimed.
■ 18.775.070B.7—This section requires the consideration of dedication of open land area
within and adjacent to the floodplain that includes portions at a suitable elevation for
pedestrian and bicycle pathways. Per the application and staff report,the project includes
a segment of the Fanno Creek Trail and the dedication of greenway.
100-year Floodplain: Construction of the proposed Phase 1 of the Wall Street extension
does not involve grading in the 100-year floodplain for the proposed roadway.Excavation is
proposed in the 100-year floodplain to conduct the wetland mitigation activities. These
activities will not result in the placement of fill in the floodplain or any rise in the elevation of
the 100-year flood. The comment regarding "modify existing channel as per field
engineering"refers to the fact that an SWCA biologist will be present in the field during the
excavation of the new stream channel to connect Pinebrook Creek to Fanno Creek in order to
minimize impacts to existing natural resources in the mitigation area.
Wetland Assessment: Wetland delineations for the Wall Street extension project area were
conducted by several consultants in 2002 and 2003. These wetland delineations were
submitted to the Oregon Department of State Lands(DSL)for review and approval,and DSL
issued concurrence letters for the wetland delineations within the project area.The calculation
of proposed wetland impacts was based upon the DSL-approved wetland delineation maps.
The photos taken by Ms.Beilke showing ponding south of the East Pond are located outside
the footprint of the Phase 1 road extension and show the vicinity of the proposed wetland
mitigation area and associated Clean Water Services vegetated corridor.No loss of wetland is
proposed in these areas.
Permit modifications have been received from the Corps and DSL for the currently proposed
360-foot length of Phase 1 of the Wall Street extension. The modified Corps permit was
issued on March 8,2006,and the modified DSL permit was issued on February 8,2006.
Clean Water Services: The project design was revised to meet Clean Water Services
standards,and the project has been approved by Clean Water Services(CWS File No.4203).
The Wall Street extension project as designed is not listed as an approved use by CWS,such
as a road that crosses a vegetated corridor from one side to the other, as Ms. Beilke states.
Therefore, the project was required to complete Clean Water Services' Tier 2 alternatives
analysis review process which requires that the applicant demonstrate the project has been
H:\PROJECTS\205004600\WP\LTR\06417City.doc
City of Tigard
Wall St
Project Number 2050046
April 17,2006
Page 3
designed to minimize vegetated corridor impacts and that the project will result in a public
benefit resulting from the encroachment into the vegetated corridor,
The Wall Street extension project design was revised to include a retaining wall along the
downstream edge of the Fanno Pointe access Mr. Frewing states. This revision included a
retaining wall, which keeps the road construction out of the 100 year flood plain and
minimizes vegetated corridor impacts by utilizing a retaining wall along the downstream edge
of the Fanno Pointe access as Mr,Frewing states. In addition,a curb-tight sidewalk design
was utilized to eliminate the planting strip on the south side of Wall Street from Station
11+25 to Station 14+75,where the proposed roadway is in close proximity to the West Pond
and the proposed location for the reconfigured Pinebrook Creek The curb tight sidewalk
design resulted in a decrease in proposed vegetated corridor impact of 1,472 square feet.
Pinebrook Creek Vegetated Corridor Encroachment: Clean Water Services allows
encroachments into the vegetated corridor for up to 20%of the frontage length by 20%of the
vegetated corridor width under their vegetated corridor averaging process.Since the proposed
Wall Street extension encroaches further than the vegetated corridor averaging process allows,
the applicant was required to complete Clean Water Services' Tier 2 alternatives analysis
review process. The project has been approved by Clean Water Services (CWS File No.
4203).
Pinebrook Creek Culvert—The upstream contribution used in hydraulic calculations for
sizing the Pinebrook culvert was based upon full build-out per the Comprehensive Plan and
Zoning designations. Accordingly,the flow calculations are not upset by development that
has occurred since 2003.
Endangered Species — The red-legged frog and great blue heron are not federally listed
under the Endangered Species Act.The red-legged frog is categorized as a federal Species of
Concern. Neither the red-legged frog or the great blue heron are provided with protection
under the Endangered Species Act.It is possible that bald eagle may fly over the project site
due to the site's proximity to the Tualatin River;however,Fanno Creek and Pinebrook Creek
in the project area are not large enough water resources to provide habitat for the bald eagle.
The bald eagle is a threatened species,not an endangered species.
Tree Removal— Trees proposed for removal include the minimum amount necessary. It
should be noted that while all the trees proposed for removal are listed in the application,a
Tree Removal permit is only required for the nine trees within the Sensitive Land Area. In
addition,as mitigation for the trees removed,the project include the planting of 336 caliper
inches of trees,which is 369%of the required mitigation of 91 inches.
Removal of the 2 deodora cedars is necessary to conduct the wetland mitigation activities
including relocating Pinebrook Creek and creating stream-associated wetlands.The wetland
buffer adjacent to the relocated Pinebrook Creek and wetlands will be planted with hundreds
of native trees and shrubs as part of the mitigation plan.
H:\PROJECTS\205004600\WPVLTR\06417City.doc
City of Tigard
Wall St
Project Number 2050046
April 17,2006
Page 4
Impact Study—The impact study and ESEE analysis considered nine alternative alignments
for Wall Street and evaluated the elements required by the City code. See Exhibit 6 and 7.
Traffic Analysis and Impacts—The DKS traffic study was reviewed and found acceptable
by the City of Tigard Engineering Department.
Fire Truck Access—As shown on the plans,fire truck access to the Library and to the Fanno
Pointe Condominiums will be via Wall St;direct access from Hall Blvd to either development
will be removed. The Wall Street fire access has been reviewed by the City's Fire Marshall
and has been found to meet access standards and be acceptable to the City.
The above information addresses the items raised in the letters. If you have any questions or
concerns,or need additional information,please call me at 503-224-9560.
Sincerely,
Geraldene Moyle, AICP
Senior Associate,Land Use Planning
/wp
c: Vannie Ngyuen—City of Tigard
Marline DeHaas—DeHaas Engineering
Stacy Benjamin—SWCA
H:\PROJECTS\205004600\WP\LTR\06417City.doc