Ordinance No. 08-19 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL ,
ORDINANCE NO. 08- / t
AN ORDINANCE APPROVING A COMPREHENSIVE SIVE PLAN AMENDMENT (CPA2008-00010) TO
CORRECT TETE CITY'S SIGNIFICANT WETLANDS AND STREAM CORRIDORS MAP,
CONSISTENT WITH THE FINDINGS IN 1998 TRI-COUNTY SHOPPING CENTER. APPROVAL
(CPA98-0002) AND APPROVING SENSITIVE LANDS REVIEW(SLR22008-00005) TO CORRECT THE
SIGNIFICANT HABITAT AREAS MAP ON AN APPROXIMATELY 1.41 ACRE PORTION OF THE
SUBJECT 17.17-ACRE PROPERTY LOCATED SOUTH OF SW DAXI"MOUTH STREET, WEST OF
SW 7?""AVENUE,AND EAST OF HWY. 217 IN THE TIGARD TRIANGLE (WCTM 2S101BA, TAX
LCAT 00101 AND WCTM 1Sl36CD,TAX LCAT 04200).
WHEREAS, In 1998, the City Council approved the Tri-County Slopping Center proposal in 1998
(Comprehensive Plan Amendment (CPA) 98-0002/Site Development Review (SDR) 8-0002/Planned
Development Review (PDR) 98-0001/Sensitive Lands Review (SLR) 98-0002/Lot Line Adjustment (MIS) 98-
0004), wluch approved a Comprehensive Plan Amendment to the Water Resources Overly District that
included fill and mitigation of approximately 1.41 acres of existing wetlands on the subject property; and otl-ier
development.
WHEREAS,Although Council's 1998 approval of CPA98-0002 legally ametided the City's Significant:Wetlands
Maps the resource maps were not revised as indicated in the fundings for the decision. Meanwhile, grading,
filling and wetland mitigation occurred even though the development was not built
WHEREAS, The Significant Habitat Areas snap, based on the wetland inventory, is also in error and needs
revision.
WHETS, Section 18.380.030.A of the City of Tigard Community Development Code requires quasi-
judicial zoning map amendments to be undertaken by means of a Type III-PC procedure, as governed by
Section 18.390.050,using standards of approval contained in Subsection 18.380.030.1iand
WHEREAS, Section 18.380.030.A.2 of the City of Tigard Community Development Cade requites the
Commission to make a recommendation to the Council on an application for a Comprehensive Plan Map
Amendment;and.
WHEREAS, Section 18:380.030.8.1 of the City of Tigard Community Development Code, requires
demonstration of compliance with all applicable Comprehensive Plan Policies and map designations; and
WHEREAS, Section 18.350.030.B.2 of the Tigard. Development Con nunity Development Code requires
demonstration of compliance with all applicable standards of any provision of this code or other applicable
implementingordinances;and
WHERE-AS, Section 18,380,030.8.3 of the City of Tigard Community Development Cade requires evidence of
change in the neighborhood or conunti city or a nnistal e or inconsistency in the Comprehensive flan or
Zoning Map as it relates to the property which is the subject of the development application;and.
ORDINANCE No. 08-
Page 1
WHEREAS, pursuant to Section 18.390.060G of the Tigard Development Code, a recommendation by the
Coniniission, and a decision by the Council, shall be based on consideration of Statewide Planning Goals and
Guidelines adopted tinder Oregon Revised Statues; any federal or state statutes or regulations found applicable;
any applicable Metro regulations;and
WHEREAS, the Tigard Planning Conu-nission held a public hearing on October 6, 2008, and recommended
approval of CPA-9008-00010/SLIU008-00005 by motion with a unanimous vote in favor;and
WHEREAS, the Tigard City Council held a public healing on November 25,2008, to consider the request for
a quasi-judicial Comprehensive Plan Amendment and determined that die amendments 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: Comprehensive Plan Amendment(CRA2008-00010) and Sensitive Land Review (SLR22008-
00005) are hereby approved by the City Council.
SECTION 2: The attached findings in the 9/24/08 Staff Report to the Planning Commission are hereby
adopted in explanation of the Council's decision.
SECTION 3: The City's Significant Wetlands and Stream Corridors Map and Significant Habitat Areas
Map shall be amended to represent the approved changes
SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor,and posting by the City Recorder.
PASSED: By aW)�V vote of all Council members present after being read by number
and title only, this 2V"Iday of 2008.
7�e
,Z4�zp
Carol A. Krager,Deputy City Recorder
APPROVED: By Tigard City Council d-iis day 21,
t.
Crai -DJ-ksen,Mayor
Approved as to form:
dcaLc
City Attorney
- VA Y�W"/
Date
ORDINANCE No.08-1
Page 2
Agenda Berri: 5.1
Hearin Date: October 6 2008 Time: 7:00 PM
STAFF REPORT TO THE
PLANNING TSG CO ISSION
FOR. THE CITY OF TIGARD, OREGON
120 DAYS =NIX
SECTION I. APPLICATION SUMMARY
FILE N TRI-COUNTY SHOPPING CENTER APPROVAL WETLAND AND
STREAM CORRIDOR MAP AMENDMENT
CASE NOS.: Com xeliensive Plan Amendment CPA2008-00010
Sensitive Lands Review SLR2008-00005
APPLICANT: City of Tigard OWNER: PacTrust
Community Development Dept. 15350 SW Sequoia Parkway
Attn:Tom Coffee Suite 300
13125 SW Hall Boulevard Portland, OR 97224
Tigard, OR 97223
PROPOSAL: The Community Development Director requests a Comprehensive Plan :Map
Amendment to correct the City's Significant Wetlands and Stream Corridors Map in
the vicinity of SW Dartmouth Street and U". 217. The City Council approved the
Tri-Goui Shopping Center proposal �Comprehensiye Plan Amendrxlent (CPA)
98-0002/ ite Development Review (SD 98-0002/Planned Development Review
��8-0004),
'DR) 98-0001/Sensitive Lands review(SLR) 98-0002/Lot Line Adjustment S)which a proved a Comprehensive Plan Amendment to the e'er
Resources Overly rstrrct that included fill and mitigation of approximately 1..41
acres of existing wetlands on the subject property,and other development.
Although Council's approval of C PA98-0002 legally amended the City's Significant
Wetlan Map, the resource maps were not revise as indicated in the fin rr1€�s for
the decision. Meanwhile, radia , filling and rmitiganon occurred, even though the
development was not but. "lie Significant Habitat Areas map, based on the
wetland inventory, is also in error and needs to be revised.
LOCATION: The subject pro erty is located south of SW Dartmouth Street and west of SW 72nd
Avenue in the and Trran-gle; Washington County Tax Assessor's Map 2S101BA,
Tax Lot 001011 and 1S136 Tax Tax Lot.04200.
ZONING/
COMP. PLAN
DESIGNATION. CG (PD): General Commercial District. The GG zoning distgict is designed to
accommodate a full range of retail, office and civic uses with<a City-wide and even
regional trade area. Except� where non-conforming, residential uses are limited to
S
residences which are located on the same site as a pernutted use. A
wide range of uses, including but not limited to aduult entertainment automotive
equipment repair and storage, " '-warehouses, utilities, heliports, medical centers,
APPLICABLE major event entertainment, and gasoline stations, are permitted conditionally.
RE VIEW
CRITERIA; Community Develo meat Bode Cra tern 18.380, 18.390 and 18.775, Comprehensive
Plan Goals 1 and 2; and Policy 3; Statewide Planning Goals 1, 2 and 5; and Metra
Functional Plan Titles 3 and 13.
TRI-COLN TY APPROVAL NVETLAND AND STREAM CORRIDOR MAT'AMENDMENT CPA2008-0001015LR2008.00005
10/6/08 STAFF REPORT TO TT-iE PLANNING 00MMISSION PAGE 1 OF 8
SECTION II. STAFF RECOMMENDATION
The Director recommends that the Planning C:oninission recommend APPROVAL to City Council of the
proposed Comprehensive Ilan Amendment and Sensitive Lands Review.
SE MON 111. BACKGROUND INFORMATION
Site History
The Council a pproved the Tri-Countt Shoppin Center proposal (Coo prehensive Plan Amendment
FA) 98-0001Site Development eview (SLCj 98-C7 02/Planned L�evelorrrent Review (I'1F)
0001ISens Live Lands Review (SLR) 9$-000 /Lot Line Adjustment (MIS) 98-0004 , which approved a
Coinpr�ehensive Plan Amendment to the Water Resources Overly District, includrrn fil and miti atia n of a
approximately 1..41 acres of exist ng wetlands on the subject property, and other
eve ens. owever;
tie resource maps were not revised as indicated i the findings for the decision (Finat Order, page 19).
Meanwhile rading, filling and mitigation occurred even though the development was not built. The
Significant} bitat Areas mala, based ori the wedan inventory, is therefore also in error and needs to be
revised. It is also noted that the fill and mitigation that occurred followed permits granted bythe Division of
State Lands and TE Army Corps of Engineers.
Vicinity Infortnation
The subject 17.17-acre rcapez is located south of SW Dartmouth Street, west of W 72nd Avenue, and
east of Ifwy. 217 in the'riard�Tiiangle. A 10.42-acre si nificant wetland associated with Red Rock Geek
is located adjacent to the site on the west. The C� G (1'l -zoned land is surrounded on the north,wrest and
east bythe same zone and on the south byland zoned
Proposal De cri tion
The Community evelopment Director requests a, Corn rehensive Plan Ma Amendment to correct the
City's Wetlands and Stream Corridors Map and Sigznficant abitat Areas Map(Attachment 1).
SECTION IV. AI'I'LIC" LL CRITERIA FIT TUIIGS AND CONCLUSIONS
TIGARD DEVELOPMENT CODE CHAPTER 18.380:
18.380,030 Quasi-Judicial Amendments and Procedures to this Title and Map
Quasi-judicial zoning map amendments shall be undertaken by means of a Type III-PC
procedure, as over-ned toy Section 18.390.050, using standards of approval contained in
Subsection B beow.
A. The Commission shall make a recommendation to the Council on an application for a
comprehensive plan map amendment.
Staff requests a quasi-judicial comprehensive plan map amendment tinder T e III-PC procedure to
correct t re G y s edands and Stream Corridors Map consistent with the find gs in CPA98-0002. In
addition, staff requests a correction in the CiSinificant Habitat Areas Map reflecting the corrected
%Vedands and Stream Corridor Map on whichs etro s habitat inventory was basedetro Ordinance 05-
10770 Exhibit C, Attachment 3 includes the wetland inventory mmap that eras adoptez�Mas part of the habitat
inventory). These resource plans are included by reference in the City's C'Omprehensive Plan, The
Commission shall make. a recommendation to the Council on this proposed comprehensive plan
amendment.
B. Standards for making quasi-judicial decisions. A recommendation or decision to a prove
approve with conditions or to deny an application for a quasi-judicial amendment shall b�basez
on all of the following standards:
18.380.030. B.1
Demonstration of compliance with all applicable comprehensive plan policies and map
designations;
TRI-COUNTY APPROVAL NY)EnAND AND STREAM CORRIDOR AMENDMENT CPA2008-00010/SLR2008• 5
10/6108 STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 8
COMPRETIE `SIVE PLAN - GOAL 1: CITIZEN INVOLVEMENT
Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate
in all phases of the planning process.
The City has mailed notice of the Planning Commission hearing on September 15, 2008 to property
owners within 500 feet of the subject site, interested citizens, and agencies. The Citypublished notice of
the hearing andosted the site pursuant to TDC 18.390.0501 for Type III Procedures. 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 Con ntission and the second. before the City Council) at
which an opportunity for public input is provide:
With these public involvement provisions, the proposed zone change is consistent with applicable Citizen
Involvement policies.
COMPREHENSIVE PL - GOAL 2: LAND USE PLANNING
Goal 2,1. Maintain an up-to-date Comprehensive Plan, implementing regulations and action
plans as the legislative foundation of Tigard's land use planning program.
The Director requested amendments to the Cit�?s Wetlands and Stream Corridors Map and the City's
Significant I-3abitat.Areas Map,included by reference in the Comprehensive Plan. The map corrections wall
provide accurate information on which future development proposals can rely; consistent with maintaining
an up-to-date Comprehensive Plan.
COMPREHENSIVE PL - POLICY 3 NATURAL FEATURES AND OPEN SPACE
Policy 3.2.1: The city shall prohibit develoment within areas designated as Significant wetlands
on the floodplain and wetlands map. No 9evelopment shall occur on propea-ty 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 pro ezty adjacent to significant wetlands
shall be alloweXi.lnder the planned development section of t ie code.
The Council, under Cl'A98-0002, approved removal of approximately 1.41 acres of wetlands on the
subject propel . Even though the development was not built,the developer graded, filled and mitigated for
the wetjlan loweyer, the resource maps were not revised as indicated in the findings for the decision
(Final. Order, page 19). Therefore, therolubition of development for those wetlands should no longer
apply. This proposal would revise the C s Wetlands and Stream Corridors Map, consistent with the legal
and material status of the subject wetlanK The subject parcel is zoned GCS (PD) and is adjacent to a
10.42-acre significant wetland associated with RO Rock Creek on the west. Therefore, future
development on the site will occur under the planned development section of the code (Chapter 18.350).
FINDING: Based on the analysis above,staff finds that the proposed map revision are consistent with
the applicable goals and policies contained in the Tigard Comprehensive Plan.
18.380.030.8.2
Demonstration of compliance with all a plicable standards of any provision of this code or otherapplicable implementing ordinance; andp
Zoning Ma and 'Text Amendments18.380
The applicable Sections of Chapter 18.380 including the process for map amendments and approval
standards are addressed in this staff report.
Decision Makin 18.3907
The standards o Cha ter 18.390.050 for T e III-PC procedures are applicable to this proposal, as
identified in 18.380.030. Section 18.39A50 requires a preapplicatton conference, application
re uirements, and procedures for Planning Commission hearings. A pre-application conference was held
iz my and documented u3 the duly 31, 2008 Memorandum from Tom Cof ee to Dick Bewersdorff. An
Imppact Statement is not req*ed under 18.390.050.8 e. because no develoent is proposed. Pursuant to
C
18.380.030.A.2, the Corrin-tssion shall make a recommendation to the C-until on an application for a
comprehensive plan map amendment.
TRI-COI:NTY APPROVAL NVEn AND AND STREAM t RRIDOR MAP AMENMENT CPA2008.00010/SLR2Q08- 5
10/6/08 STAFF REPORT'TO TT-IE PLANNING CC) SION PAGE 3 OF 8
In addition, 18.775.130 states that any owner of property affected by the Goal 5 safeharbor protection of
significant wetlands ma apply for a quasi-judicial comprehensive plan amendment under a T e IV
procedure. CPA98-00used the Type I procedureto remove the wetlands through th .�', EE
safeharbor analysis. The procedures for this Type III PC recess and the Type IV process are similar :n
that both require hearings at the Planning Con sign %it a recommendation to Council who males the
decision. however,Type IV decisions require consideration of additional criteria, including any applicable
Metro, State and Federal regulations. These additional regulations are addressed below.
Sensitive Lands (18.775)
1 .775.1.30 flan.Amendment Option
Any owner of property affected by the Coal 5 safeharbor (1) rotection of significant wetlands
and/or (2) ve etated areas established for the Tualatin River, nno Greek, Ball Creek, and the
South Fort o Ash Creek may a ply for a quasi-judicial comprehensive plan amendment under
T e IV procedure. This amen merit must be based on a specific development proposal. The
eFect of the amendment would be to remove Goal 5 protection from the proper, but not to
remove the requirements related to the CWS a to water 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 an Environmental, Social,Economic and Energy(ESEE) consequences analysis.
CPA98-0002, which was a specific development proposal, iricluded an ESEE analysis that formed the
basis of the Council's approval and removal of the (:Ioal 5 protection from the property.
If the atripi
cation is approved, then the ESEE analysis shall be incorporated by reference into the
Tigardehensive Plan, and the "Tigard Wetland and Stream Corridor Map" shall be
amended to remove the site from the inventory.
C PA98-0002 approved the a plication and the ESEE analysis was incorporated by reference in the Tigard
Comprehensive flan. The rrrdi.ng in the decision stated "If this application is approved, staff will
undertake the appropmate revisions to the resource map s." However, staff did not revise the Tigard
Wetland and Stream Corridor Map,which is the subject of the Director's request.
18.775,140 Significant Habitat Areas ;Map Verification Procedures
The Significant Habitat Areas Map shall be the basis for determining the general location of
significant habitat areas on or adjacent to the site. Appplicants who%elie e that the map is
inaccurate shall submit a detailed delineation conducted Icy a qualified professional in accordance
with the following methodology to verify the precise boundaries of the inventoried habitat areas
by means of a Type II procedure.
Verifying, boundaries of inventoriedr arian habitat. Locating habitat and determining its riparian
habitat class is a four=-step process: a5 Locate the Water Feature that is the basis for identifying
ri�parian habitat, b) Identify the vegetative cover status' of all areas on the property that are within
200 feet of the top of bank of streams, rivers, and open water, are °wetlands or are within 150 feet of
wetlands, and are flood areas and within 140 feet cr flood areas c) Determine whether the degree
that the land slope upward from all streams rivers, and open water witlrirr 200 feet of the proper
is greater than or less than 25010 (using t" v etated corridor measurement methodolo+ y as
described in Clean. Water Services Design and CC onstruction Standards and d}
Iden the
ri arian habitat classes applicable to allareas
on the property using Ta Standards)
18.775.2 and able
18.775.3.
The City believes the Significant 13alaitat Areas Map is inaccurate because it is based on an inaccurate
wetlands inventory as described isr thus re ort and shown in Attachment 1. The methodologgyy prescribed
to verify habitat area boundaries includes locating the water feature Ilrat is the basis for identifyin nl4_ariarr
habitat. In thus case, C PA98_0002 removed two island wetlands that were the basis for the "strictly .t"
habitat classification. Staff proposes to amend the Significant Ida.bitat Areas Map to remove only those
two "strictly limit" areas associated with the wetlands that no longer exist legally or materially.
Metro Land Use and Planning submitted a comment letter dated September 5, 2008, in which Metro staff
concluded that there are no significant issues with the Directors request related to Metro's Habitat
Inventory Map or Water Quality Resource Area map. However, Metro staff requested the following
TRI COUNTY APPROVAZ,WETLAND AND STREAM CORRIDOR MAP AMEND ENT CPA2008-000101SLR 008 5
10/6/08 STAFF REPORT TOT THE PLANNING COMMISSION PAGE 4 OF 8
comments be entered into the record based on the requested change and as the City works with the
property owner on futut-e development:
* The stream on the property, which has been scarified for some time, does appear to be in error.
There may be a smallll remnant in the northeast comer of the lot. Metro receives all its stream layers
from the local jurisdictions; consequently we would rely on your identification of his resource and its
location.
* Metro staff has reviewed aerial photography over severalrars and has seen no evidence of the two
small wetlands shown on the current maps. A previous Comprehensive Plan Amendment passed by
the Tiard City Council has already removed the wetlands from the inventory. Since Metro can find
no evi5ence of wetlands in the past,the removal of the habitat desi nation is consistent with revious
decisions on this property. Again, Metro receives local wetlands from trie local
Jurisdictions.
® The lot involved to the west TLID 2S101BA00200, identifies important nTanan habitat which
I
provides important protection for both wildlife habitat and-water quality within the City of Tigard.
RESPONSE:
The stream on the subject property currently runs in a course adjacent to SW Dartmouth and is included
in the on-goin; 10-year mitigation effort effiaitted by DLCD and USAGE. The original stream course is
indicated on CWS Stream Corridors Map and on the Significant Habitat Areas Map as lightly 14-nit".
The original stream course is scarified as a result of the ming ap roved under CPA 8-000 and mapping
g
should reflect these changes. The City's Long Range g taff will work with CWS' and Metro to
amend their respective maps.
The Qs Wetland and Stream Corridors Map will be revised by removing the subject wetland areas and
addiag%e mitigation wetland areas, consistent with this application, if approved.
The adjacent TLID 2S101BA00200, owned by Costco, contains important riparian habitat associated with
Red Rock CreeL On August 29, 2008, the City received an application for retail development on the
property that is the subject of this application. The application will be processed as a planned
evelo, ment, The purposes of the Planned Development chapter include preservin to the greatest extent
possible the existin�g landscape features and amenities and to provide a means toTetter relate the bat
environment to the natural environment through sustainable and innovative building and public facility
construction methods and materials, Application of the Planned Development standards and process
should ensure protection for both vrildtidf�Rirabitat and water quality on the adjacent parcel.
FINDING, The proposal is consistent with the applicable standards of Tigard Development Gode.
18.380.030.8.3
Evidence of change in the neighborhood or community or a mistake or inconsistency in the
cornyrehensive plan or zoning map as it relates to the property which is the subject of the
development application.
The Director has initiated a comprehensive plan ma amendment to address errors in the Qs Wetlands
and Stream Corridors Ma and the City's Sigiiificantl%bitat Areas Map,which are incorporatedilyreference
into the comprehensive plan naap. Consistent with the findings in CPA98-0002, the City proposes to revise
the Wetlands and Stream Corridors Map removing the wetlands designation on the subject 1.41 acres of
mapped wetlands.
In addition, the City, intends to revise the City's Significant habitat Areas Map consistent with Metro's
ado ted Metro's Goal 5 program known as Nature iii Neighborhoods. The wetland inventory map (Metro
Ordinance 05-1077C, Ex-, C, Attachment 3) that was adopted as part of the habitat inventory was based
on the City's erroneous Wetlands and Stream Corridors Map, which included the wetlands removed under
CPA98-0002. The Cin�s Significant Habitat Areas Map shows "strictly limit" habitat areas associated with
wetlands. The removZo'f the mapped wetlands would remove the basis for the habitat designation.
FINDING: The direction for ma revision in the findings for CPA98-0002 rovides evidence of a
mistake in the City's �Ltlands and Stream Cofiidors Map and the dty's Significant Habitat
Areas Map relating to the subject property.
nU-CX)UNTY APPROVAL WETLAND AND STREAM CORRIDOR MAP AMEND ENT CPA2008-00010/SLR2008-=5
10/6/08 STAFF REPORT TO n-3E'PLANNING COJvMSSI0N PAGE 5 OF 8
18.380.030.0
Conditions of approval. A quasi-judicial decision may be for denial, a proval, or approval with
conditions as provided by Section 18.390.050.A legislative decision rimy e approved or denied.
FINDING: The land use action requested is quasi-judicial as it is limited to a specific parcel and does
not apply enerally across the City. Therefore,the Planning Con .rssion recommendation
to Councmay be for denial, approval, or approval with conditions.
APPLICABLE METRO, STATE AND FEDERAL REGULATION
Pursuant to 18.390.060.6, review of the following Metro, State and Federal regulations are applicable to
Type IVpprocedures which apply generally to legislative matters such as the creation, revision, or large-
scale implementation of pub) c policy and specifically to Gaal 5 safeharbor protection of significant
wetlands (18.775.1301).
Metro Framework Plan
Metro Functional Plan Title 3 - Water Quality, Flood Mana-ement, 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.
Theproposed ma corrections simpl jacknowledge what was previously permitted under CPA98-0002
and tie SL and-CISACE permits. erefore, the proposed amendments do not conflict with Title 3
requirements.
Metro Functional Plan Title 13 - Naturein Neighborhoods - conserve, protect and restore a
continuous ecologically viable streaside corridor system, from the streams' headwaters to their
confluence with other streams and rivers, and with their floodplains in a manner that is integrated
with upland wildlife habitat and with the surroundin urban landscape; and control and prevent
water pollution for the protection of the public healtflr and safety, and to maintain and improve
water quality throughout the region.
Title 13 is part of the regional a proach to implement Statewide Planning Goal 5. As part of the origirial
land use application for CPA9 -0002, wetlands, vegetated corridor and habitat were inventoried and
delineated and an Environmental, Social, Economic and Energy, (ESEE) analysis was conducted. Tlie
decision required compensator mitigation and reestablishment of wetland areas. The newwetland areas
have been established and be added back into the inventory of protected sites (GeoEn neeerrs,
Weiland Delineation, Figure 6). The Year-Five Wetland Mitigation onrtorin Re ort, dated December
21, 2007, by GeoEng�rneers found.that the work completed at the Tigard Retail evelopment site has been
conducted in eneral accordance with the PTpc�ed Mitigatlon Co roar t9 otic Purim L zst reviewed with
USAGE and ISL. The GeoEn ineers monitorrn�'g survey cornp�eted on November 27, 2007 included
establishment of eight moru'tonng stations that 2iJl be used over the remaining five years of the 10-year'
monitoring period to document the success of the mitigation efforts. Completion of the proposed
mitigation activities will create the capability for proper functioning at the site; consistent with the arm of
Natrire in Neighborhoods.
With this adiLat
ation, the City is simply proposing to amend the Ci s Wetlands and Stream Corridors and
Sigznrificant Areas :maps for the wetlands removed under A98-0002. New wetlands created will
also be mapped accordingly.
FINDING Based on the analysis above, staff finds that the proposed project has addressed the
relevant Metro policies.
TRI-COUNTY APPROVAL NVETLAND AND STREAM ODRRrDOR MAP AIVIENDNENT CP ?008-00010/SLR2)08- 5
10/6/08 STAFF REPORTTO 11-1E PLA MNG 0OMMfSSJON PAGE 6 OF 8
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 flan and implementing documents.
Tris goal has been met by complying with the Tigard Development Code notice requirements set forth in
Section 18.390. A notice was mailed to allpropei owners within 500 feet of the project site and the
notice was additionally published iii the r and rimes pnor to the hearing. After the Planning
Conunission public hearing, additional notice will be published prior to the City Council hearing. Two
public hearings are held (one before the Plannm* �g Commission and the second before the City Council) at
which an opportunity for public input is provided,
Statewide Planninc Goal 2 - Land Use Planning:
This goal outlines flre land use planning process and policy framework-.
The C�i C mprelrensive flan acl ncrwledged byDLC D as being consistent with the statewide plannir-rg
goals. e Developzrrent Code impplerrrents the C�o prehensive flan. The Development Code esta lislres a-
process and standards to review changes to the Compprehensive Plan. As discussed within this report, the
proposed amendments comply with the Development C ode and Comprehensive Plan criteria.
Statewide Planning Goal 5- Natural Resources
This goal 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. Staff is proposing to amend the Wetland and Stream Corridors and
Significant Habitat Areas mapp--s to correct mapping errors when the subject wetlands were removed from
the inventory pursuant to mans
but not removed from the maps. The review process also
required compensator
y miti ation and reestablishment of wetland areas. The new wetlands on the subject
site have been established (Geo En�ineers Wetland Delineation, 5/18/07) and will be added back into the
invento of protected sites. A tiaorough review by state (DSL, RF-9256) and federal (i.ISAC E, case
number 98-666) agencies has been conducted and approvals have been issued.
FINDING: Based: on the analysis above, staff finds that the proposed amendments are consistent with
applicable Statewide Planning Goals.
State and Federal Regulations
Oregon Revised Statues Chapter 196
Oregon Revised Statues Cha_ppter 196 addresses general wetland re c uirernents within the state. These
statutes are administered by
Division of State Lands. DSL reviewed't'-ie proposal and issued an approval
permit for the subject property(DSL RF-9256).
Federal Clean.Water Act,section 4034
The clean water act is responsible for regulating impacts to wetlands and other navigable waters of the
United States. The a envy primarily responsible f or inzplementing;these federal statutes is the Arra Corps
of Engineers. The Mips has reviewed the proposal and issued an approval for wetland fill (US AC , case
number 98-666)
FINDING: Based on the analysis above,staff finds that the proposed amendments are consistent with
applicable State and.Federal regulations.
SECTION V. OTHER STAFF COMMENTS
City of Tigard Long Range Planning Division has reviewed the proposal and intends to amend the
reaps that are the subject of this proposal.
TRT-COUNTY APPROVAL.W TLAM AM STREAM CC?IiRMOR MAP ATvENDMENT CPA2008- 101SLR2008- fly
10/6/08 STAFF I EPORT TO TI-TE PLANNING C OMNIISSION PAGE 7 F 8'
SECTION VI. AGENCY COMMENTS
Oregon Departments of Fish and Wildlife, Land Conservation and Development, Environmental
Quality and Division of State Lands were given the opportunity to review this proposal and submitted
no con-unents or objections'.
Clean Water Services (CWS) has reviewed the proposal and submitted a general comment letter date
September«2, 2008. CWS comments do not address the particulars of this application but rather issues
related to the eventual development of the site.
Metro Land Use and Planning submitted a comment letter dated September 5, 2008, in which Metres
staff concluded that there were no significant issues with the request related to Metro's Habitat Inventory
Map or Water Quality Resource Area snap. However, there are several comments that Metro staff would
litre entered into the record based on the requested change.
These comments are included in the body of tl-ds staff report AA copy of the letter can be found in the
land use file for this application..
jSeptember 24 2008
pR-PARED BY: G Pagenstecher DATE
Associate planner
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Sefrteber 24,2008
li IEWED BY! Richard ei ersdorff DATF"
Plannixlg Manager
JAcurpin\gary\comprehensive Plan:cmLndments\cpa2008-00010(N-County)
TRI-COUNTY AP111t0ViV WI;'17.AND ANI)S'11LI?AM C£711,1I1DOR MAP AMEND'MI.NT (TA2008-0001 O/SI,R2008-00045
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