Ordinance No. 97-06 R4
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CITY OF TIGARD,OREGON
4 " ORDINANCE NO.97-0-6 ; •
} { 1 AN ORDINANCE TO AMEND Ht C l)MMUN11 Y DEVELOPMEN I CODE BY A1301111NG A
$ ' f NEW SECTION (18.85.00) TO RESOLVE CONFLICTS BETWEEN DEVELOPMENT AND tk ■
CONSERVATION OF SIGNIFICANT WETLANDS,STREAMS,AND RIPARIAN CORRIDORS. s � ,
5 allYWHEREAS,the Cit of Tigard finds it necessary ryto revise the Communis Development Code Periodic =�- •
--.'
h' `4 to improve the operation and implementation of the Code;and
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{ WHEREAS, the Statewide Planning Goal 5 requires local jurisdictions to develop programs to protect �.E
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riparian and wetland resources;and
WHEREAS,the"safe harbor"provisions of the Goal 5 administrative rule(OAR 660,Division 23)include k
}` criteria that define a course of action for meeting the requirements of Goal 5;and
WHEREAS, the City of Tigard Planning Commission reviewed proposals for adding the above Code
x{ s Section at a public hearing on May 19, 1997;and
WHEREAS,the City of Tigard Planning Commission voted to recommend the revised Code section as
shown in Exhibit"A";and
WHEREAS, the City Council held a public hearing on July 22, 1997, to consider the proposed
amendments.
NOW,THEREFORE,THE CITY OF_TIGARD ORDAINS AS FOLLOWS: -
wr SECTION 1: The relevant criteria in this case are Statewide Planning Goals 1,2,and 5; City of Tigard
x i Comprehensive Plan Policies 3.1.1; 3.2.4; 3.4.1.a; 3.4.2a; and 3.4.2d; and Community '
i. Development Code Section 18.30. 1;
y The proposal is consistent with the applicable Statewide Planning Goals based on the '
' # following findings: r
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1. Goal 1, Citizen Involvement, is met because the City has followed its adopted
citizen involvement program which involved review by its Citizen Involvement '¢ -r
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Team structure and public hearings as listed below. The City's Citizen Involvement
*r Policies in the Comprehensive Plan have been acknowledged to be in compliance ;
with Goal 1. Notice for all hearings was provided in the Tigard Times which
�" 4xk
r Y summarized and outlined the amendments being made to existing code provisions
and was done so for each public hearing. Copies of the ordinance drafts have been
j". available at least seven days prior to the hearings, which follows Community ,
Development Code Procedure.
"x
ORDINANCE No.97--O=L9 f
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2. Goal 2,Land Use Planning,is met because the City applied all relevant Statewide �
y 2 Planning Goals,City Comprehensive Plan Policies and Community Development
Code requirements in review of this proposal.
3. Goal 5, Open Spaces, Scenic and Historic Areas, and Natural Resources is met
` because the provisions of the overlay district are consistent with the"safe harbor" to
3 � guidelines for riparian corridors and significant wetlands set forth in the Goal 5 Js [40
k administrative rule (OAR 660, Division 23). These re that ,
Provisions require uik N; Mrs,
"significant" wetlands and riparian corridors be mapped and protected. The i!
proposed measures implement the provisions of the Goal 5"safe harbor'program
N #r3 for resolving conflicts between development and protection of these resources. This , L
5
ro ram calls for the rotection of fish bearingstreams and significant wetlands and
} the establishment of mandatory setbacks.
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n, The proposal is consistent with the City's acknowledged Comprehensive Plan based on the $�
following findings: `_..
1. Policies I.1.I.a. and c. are satisfied because the proposed code changes are c A
consistent with Statewide Planning Goals as indicated above and the changes help to
keep the development code current with local needs and recent administrative rule
changes.
` 5 2. Policies 2.1.1 and 2.1.3 are satisfied because the proposal has been reviewed at q
public hearings and through the City's Public Involvement process. 7.x
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3. Policy 3.1.1 is satisfied because this policy calls for development control of ��
wetlands and these provisions provide a tool consistent with recent administrative
rules to protect these resources.
4. Policy 3.2.4 is satisfied because the overlay prohibits development within areas Mme"
designated as significant wetlands and establishes 50 to 75 feet setbacks from the
edges of designated wetland areas.
5. Policy 3.4.1.a is satisfied because the proposal designates significant wetlands
r x s according to the criteria and procedures for the identification of significant wetlands
established in the"Final Approved Administrative Rules for Identifying Significant a
Wetlands"adopted by the Division of State Lands.
6. Policy 3.4.2.a, which calls for the protection of fish and wildlife habitat along tCM
` stream corridors,is satisfied because the proposal establishes mandatory setbackst� a
`� f f from the top of banks and the edges of wetlands associated with stream corridors i
ny and by requiring that the areas within these setbacks remain undisturbed or
" enhanced with native vegetation. r A
1'
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ORDINANCE No.97 ty
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7. Policy 3.4.2.d is satisfied because the proposal addresses Goal S rule requirements NIS, — �
pertaining to the preservation of wetlands, includes a determination of which are
ecologically and scientifically significant,and includes citizen participation. X` rti `�' 1
OR
8. Community Development Code Section 18.30, which establishes procedures for
* � legislative code changes,is satisfied according to the above findings.31
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SECTION 2: This ordinance shall be effective 30 days after its passage by the Council,signature byt
t the Mayor,and posting by the City Recorder.
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PASSED: By 0-6 Hole of all ouncil members present after being read by number and C�
title only;this day of � 1997.
e
11�
Catherine WheatleYCit
, Y Recorder
r APPROVED: By Tigard City Council this o d y of 19
UN r
` Y f
� } es Nicoli,Mayor
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Ap roved as to form: a
Ys yAttomey
j� Date
a iAcitywideXordimc.sr
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,= ORDINANCE No.97-0 0 }
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18.85.00 WATER RESOURCES(WR)OVERLAY DISTRICT
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18.85.010 Purpose 1 r< r r
18.55.020 Definitions 2
18.85.030 Applicability and Generalized Mapping 3 ¢# ,` mowTable 18.85(1)Riparian Setbacks and Water Quality Buffers 4 yarn E,r
NOW
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18.85.040 Exception for Developed Single-Family Residential Subdivision Lots 4 �
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18.85.050 Permitted,Conditional and Prohibited Uses 5 � z' s
3 ] Table 18.85A50(D):Water Resources Overlay District Use List 6 ,
h 18.85.060 Application Requirements 7
18.85.070 Decision Options and Conditions 9 �x
18.85.080 Development Standards _ 9
* 18.85.090 Abutting Lot Area Reduction 13 H
18.85.100 Riparian Setback Reductions 13
s 18.85.110 Adjustments to Underlying Zone Setback Standards 14
18.85.120 Density Transfer 14
18.85.130 Variances to Chapter 18.85 Standards 15 k
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t f ' 18.85.140 Plan Amendment Option 15 '
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18.85.010 Purpose
r A. General. The Water Resources(WR)overlay district implements the
f policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between }
4 d A development and conservation of significant wetlands,streams and riparian corridors 'r '
` identified in the City of Tigard Local Wetlands Inventory.Specifically,this chapter allows
reasonable economic use of property while establishing clear and objective standardsh
to:protect significant wetlands and streams;limit development in designated riparian _ +
5 corridors;maintain and enhance water quality;maximize flood storage capacity
s T preserve native plant cover;minimize streambank erosion;maintain and enhance fish"
s and wildlife habitats;and conserve scenic,recreational and educational values of waterMR
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resource areas. 2
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r B. Safe Harbor. The WR overlay district also meets the requirements of Statewide
r Planning Goal 5(Natural Resources)and the"safe harbor'provisions of the Goal 5
fix '4 ' administrative rule(OAR 660,Division 23). These provisions require that"significant"
wetlands and riparian corridors be mapped and protected. s 4
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� 4 F 18.85.020 Definitions
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w e The definitions of OAR 660.23-090(1)are incorporated herein by reference. h ,
A. The"riparian corridor"includes a river or a major stream,associated wetlands,
}� and the"riparian setback"area.
B. The"riparian setback area"is measured horizontally from and parallel to major , , s
stream or Tualatin River top-of-banks,or the edge of an associated wetland(see mss , o
r definition under K.2.),whichever is greater. The riparian setback is the same as the F K�
"riparian corridor boundary"in OAR 660-23-090(1)(d).
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1. The standard Tualatin River riparian setback is 75 feet,unless modified in
' + accordance with this chapter.
2. The major streams riparian setback is 50 feet,unless modified in accordance f kh }'
with this chapter.
3. Isolated wetlands and minor streams(including adjacent wetlands)have no
riparian setback;however,a 25-foot"water quality buffer"is required under
Unified Sewerage Agency(USA)standards adopted and administered by the .
City of Tigard.
C. "Disturbed areas"are identified portions of the riparian setback area that are
devoid of vegetation or which are overgrown with non-native or invasive plant species, r � -
such as English ivy or Himalayan blackberry. In contrast,identified portions of the riparian cps . yr
setback area that are dominated by native plant species are not disturbed.
D. "Mitigation plan"means a detailed plan to compensate for identified adverse `a
impacts on water resources,riparian setback areas or water quality buffers that result from
alteration,development,excavation or vegetation removal within the WR overlay district, r
A mitigation plan must be prepared by recognized experts in fish and wildlife biology, fZxxe
native plants,and hydrological engineering,and(usually)re-planting with native plants
species. -
E. The Tualatin River is mapped as a fish bearing stream by the Oregon 1,
Department of Forestry and has an average annual flow of more than 1000 cis. =`
w F. "Major streams"are mapped as`fish-bearing streams"by the Oregon
d
Department of Forestry and have an average annual flow less than 1000 cubic feet per
second(cfs). d #
1. Major streams in Tigard include Fanno Creek,Ash Creek(except the north ; " +
fork and other tributary creeks)and Ball Creek. '
2. In contrast,the Tualatin River,which is also a'fish-bearing stream,"has an
dz; a annual flow of more than 1000 cfs.
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average .
G. "Minor streams"are not'fish-bearing streams"according to Oregon
Department of Forestry maps. Minor streams in Tigard include Summer Creek,Derry ,
Dell Creek,Red Rock Creek,North Fork of Ash Creek and certain short tributaries of the
Tualatin River. 3
Final Draft-City of Tigard Water Resources Overlay District ,
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rf H. "Native plant species"are those listed on the Portland Plant List,which is e
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` c incorporated by reference into this chapter. 0', v,
k I. "Top-of-bank"usually means a clearly recognizable sharp break in the stream x
bank. It has the same meaning as"bankfull stage"as defined in OAR 141-85-010(2): It a � L�
is the stage or elevation at which water overflows the natural banks of streams and h resk
begins to inundate the upland. In the absence of physical evidence,the two-year ` ft 4
7
k recurrence interval flood elevation may be used to approximate the bankfull stage. x
F t ' J. The"Tigard Wetlands and Riparian Corridors Map"identities all"significant"
water resources within the Tigard Planning Area,including the Tualatin River corridor,all a�
+ ; major stream corridors,minor streams and isolated wetlands. This generalized,
`
composite map is based on the City of Tigard Local Wetlands Inventory LWI)pre ared ;
by Fishman Environmental Services,1994,hereby adopted by reference. All water '
resources identified as significant on the Tigard Wetlands and Riparian Corridors Map ;' - '
meet the Division of State Lands(DSL)definition of a"Locally Significant Wetland" l= u
K. A"Wetland"is an area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support,and that under normal
circumstances does support,a prevalence of vegetation typically adapted for life in -�
saturated soil conditions.
1. A"Significant Wetland" is a wetland,or a significant but non-fish-bearing
{ stream,which appears on the City of Tigard Wetlands and Riparian Corridors s= '
Ma
<' 2. An"Associated Wetland"is a significant wetland,all or part of which is(a) k
within 75 feet of the Tualatin River top-of-bank,or(b)within 50 feet of any ` 5z
major stream top-of-bank.
3. An"Isolated Wetland"is a significant wetland,all of which is located outsidein
of the riparian setback. y
4. A"Non-Significant Wetland"is a wetland that does not meet the Division of rt.
` State Lands definition of a Locally Significant Wetland and which,therefore,
c+ does not appear on the City of Tigard Wetlands and Riparian Corridors Map. s j
Non-significant wetlands are not regulated b this chapter,but do require
9 9 Y P
r DSL notification under ORS 227.350.
> 18.85.030 Applicability and Generalized Mapping i
A. WR Overlay District Application. The WR overlay district applies to all42
4 significant wetlands and streams,and applicable riparian setback and water quality
buffer areas,that appear on the Tigard Wetlands and Stream Corridors Map. The
standards and procedures of this chapter:
u fi 1. apply to all development proposed on property located within,or partially r
' within,the WR overlay district; r � �=
` 2. are in addition to the standards of the underlying zone;and
3. in cases of conflict,supersede the standards of the underlying zone. x
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Final Draft-City of Tigard Water Resources Overlay District s '
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B. The Tigard Wetlands&Stream Corridors Map identifies,generally,the tops-
of-bank,wetland edges,riparian setbacks and water quality buffers for the followingElm'
37 significant water resources:
1. The Tualatin River riparian corridor, .
4 ; 2. Major stream riparian corridors; ;
3. Minor streams;and _
4. isolated wetlands. •_
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C. Standard Riparian Setbacks and USA Water Quality Buffers. The applicant
x t shall be responsible for surveying and mapping the precise location of the top-of-bank, 5
wetland edge,riparian setback and/or USA water quality buffer at the time of application �� � ,
g submittal. �r � x +•
1. The required water quality buffer and riparian setback area shall be retained
in one or more parcels that is separate from abutting buildable lots. - `
2. Table 18.85(1)summaries standard riparian setbacks and water quality
} buffers that apply to significant water resources within the WR overlay zone. a4
3. Adjustments to these boundaries may be approved pursuant to Sectionsr`
18.85.140,18.85.100,18.85.130 and/or 18.85.140. , arts
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Table 18.85(1)Riparian Setbacks and Water Quality Buffers
` WR STANDARD USA STANDARD f �;
i RIPARIAN WATER QUALITY - +s
SIGNIFICANT WATER RESOURCE TYPE SETBACK' BUFFER'
Tualatin River&associated wetlands 75 feet 25 feetr,
Ma or-streams=& ssociated.wetlands 54 feet .: 25 faet Yz'g-RE
,
Developed subdivision lot exception 25 feet 25 feet r ,
ma'or streams&associated wetlandsb 4
Minorstreams&Adisicitht/isolated,wetla nds,'. I:Nota l!cable 25 feet: . }'
s Measured in feet from the top-of-bank or the associated wetland edge,whichever is greater. hil
'
'Measured in feet from the stream top-of-bank or the wetland edge,whichever is greater. F.
D. Division of State Lands Notification Required. In addition to the restrictions
and requirements of this Section,all proposed development activities within any wetland s s
ry are also subject to Oregon Division of State Lands(DSL)standards and approval.
{ Where there is a difference,the more restrictive regulation shall apply. The applicant 4
shall be responsible for notifying DSL whenever any portion of any wetland is proposed for r;
development,in accordance with ORS 227.350. No application for development will be #
a
accepted as complete until documentation of such notification is provided.
E. Unified Sewerage Agency Standards Applicable. All development activitiesY
proposed within 25 feet of any wetland or stream are subject to USA standards and ' sfz
$ XV
t approval.
r 18.85.040 Exception for Developed Single-Family Residential
r Subdivision tots ;Y }
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> i Tigard has many approved residential subdivisions,where the side or rear yards have .�
been cleared of riparian vegetation,and developed or planted in lawns. Now
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A. Method of Identifying Developed Subdivision Lots. Developed subdivision
F"3 lots were identified based on a comprehensive analysis of aerial photographs. ' A$'
B. 25-Foot Riparian Setback Applicable. The Tigard Wetlands&Stream 00", ; JIM
Corridors Map shows a 25-foot riparian setback for developed subdivision lots,because:
1. Water resource values have already been substantially degraded,and
{ maintenance of the 50-foot riparian setback would not serve the purposes of
3 3
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2. Equal protection of the identified major stream resource is ensured by
4 ? retaining a 25-foot riparian setback and reliance on IbQ USA maximum water
t quality buffer. ' r�
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C. Type I Review Procedure. The location of structures on identified developed a
} subdivision lots shall be approved under Type I procedure,provided that such structures y
are located at least 25 feet from the top-of-bank or the associated wetland edge. :¢
18.85,050 Permitted,Conditional and Prohibited Uses � ��
a4r .
A. DSL Approval Required. Development proposed within any wetland or stream,
y in addition to meeting the standards of this chapter,shall also be approved by DSL.
��
B. USA Buffer Standards Applicable. Development proposed within 25 feet of tig
any wetland or stream shall also be approved by the City,which administers USA }
standards. Compliance with USA/City standards is necessary but not sufficient for ,
compliance with this chapter.
C. City of Tigard Exemption. When performed under the direction of the City,
and in compliance with the provisions of the City of Tigard Standards and Specifications °
for Riparian Area Management,on file in the Engineering Division,the following shall be
exempt from the provisions of this chapter: k
i, public emergencies,including emergency repairs to public facilities;
l 2. stream and wetlands restoration and enhancement programs;
3. non-native vegetation removal;
4. planting of native plant species;and f
5. routine maintenance or replacement of existing public facilities projects. ry
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D. Permitted and Conditional Uses. Table 18.85.050(D)below summarizesYr
��
's permitted,conditional and prohibited uses within the WR district. A"Yes"indicates that � ��
the use is permitted in the case of Type I uses,is allowed under prescribed conditions in Fit a ,
> the case of Type II uses,or may be approved subject to discretionary criteria under * .
�f f {` Type III standards(for descriptions of Type I,ii and III see 18.85.060). A"No"indicates
�( that the use is not permitted. A use that is not permitted may not be approved throughnj
s the variance provisions of this chapter.
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�aa Final Draft-City of Tigard Water Resources Overlay District ^
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Table 18.85.050(D):Water Resources Overlay District Use List
Re ulated Activi &Procedure Type
vaesvithMitigatio,n Riparian MlhorStreams Mltigatlon'Plan,
Setback Area Isolated T_ Reguired't
Welland
a
a) Determination of Water Resource and Yes Yes No
Riparian Setback boundaries
b) Low impact,passive,or water relatedIF
NO i
recreation facilities and trails including,but Yes No !<` r1
not limited to,viewing shelters,picnic
tables,nature trails and interpretive signs
c
Irrigation um s Yes Yes No t h:
d) Replacement of existing structures with
new structures that do not disturb any Yes Yes No
additional riparian surface area r k
e) Removal of non-native vegetation and kc _
replacement with native plant species,no Yes Yes Yes
closer than 10'from the top-of-bank or
� .:
edge of wetland
f) Removal of vegetation necessary for
Yes
Yes No 3
hazard prevention(dangerous trees
g) Perimeter mowing of existing cultivated Yes Yes No F t j'c a1s �
h) Canoe and non-motorized boat launches Yes No No
less than 10'in width � ` r
i) Repair and maintenance of existing Yes Yes No
w.a+
facilities ~
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2:Typo 11 Permitted Uses,with Riparian ' Minor.Streams Mitigation Piart
Miflgattort where no'ceRsonable, Settisck Asea` (ablated Required? �t '
alternative.exiate,
We WAS ` ` — = � —
a) Adjustments to numeric standards of the
Yes Yes Yes
underlying zone necessary to reduce
impacts on wetlands and streams
b Reduction in Riparian Setback bounda Yes Nota applicable
Yes
c) Public facilities that appear on the City's
Yes Yes Yes t,
Public Facilities Plan a
d) Local streets and driveways serving
residences and public facilities Yes Yes Yes #
e Underground drainage facilities
Yes fYs� Yes x s
x f Utilitycrossings Yes Yes
Yes '
Underground utilities
Yes Yes urs
h) In
and streambank enhancement, $ `
including vegetation removal and
Yes Yes Yes
replacement within 10 feet of the top
of-
.�
bank or edge of wetland
i Brid es and boardwalks Yes
Yes Yes 3,
3.Type`III-Conditiorjai Uses'` Riparian . Minor Streams Mitt
gation-Rion
Setback Area isolated.` 13equtreti7
ti Hyl
a)
Hardship variances,subject to variance Yes
Yes Yes
provisions of Chapter 18.120 "
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b) Water-related and water-dependent uses Yes No Yes
not listed above,subject to conditional use
rovtsions of Cha ter 18.130 1
4 ProhlBlted 1Rses unless spt3glticaliy Riparian Minor-Streams Mitigatiomt?I,an
autiio[ized abover Setback Area isotited Required? b
Wetlands t*
a) Removal of native plant species No No Nota licable T
t b) Placement of structures or impervious No No Not applicable ,t
surfaces .
c Gradin and placement of fill No No Not
applicable
} � C
d Application of herbicides No No Nota applicable
{ e) Dumping of garbage or lawn debris or other No No Not applicable
unauthorized materials
T
f) Creation of a parcel that would be wholly Not applicable r +
within the WR district or resulting in an No No
{, unbuildable parcel,as determined by the
e''x�ixi
director.
18.85.060 Application Requirements ' .
` j All development applications on lots within,or partially within,the WR overlay districtk
shall submit the following information,in addition to other information required by this '
code.
A. Type i Uses. The applicant shall prepare a plan that demonstrates that the use
will be constructed and loch:::j ce as to minimize aradirq native-yRnHtaticn removal.
and the area necessary for the use. The director may require additional information
•hYre nAcsssary to determine WR district boundaries or to mitigate identified impacts �`� ��
from a proposed development,including but not limited to:
1. a site survey as prescribed in Section 18.85.060.13; ` � =
2. one or more of the reports described in Section 18.85.060.D.
B. Type II and ill Uses:Site Specific Survey Required. If any Type ii or III use or
activity is proposed within a water resource,riparian setback or water quality buffer area,
>r the applicant shall be responsible for preparing a survey of the entire site that precisely t £ s
t maps and delineates the following:
7, 1. The name,location and dimensions of significant minor streams(including
adjacent wetlands),major streams or rivers(including associated wetlands), k '
x 6 and the tops of their respective streambanks or wetland edges. .
a
2. Isolated wetlands.
3. The area enclosed by the riparian setback.
K 4. The area enclosed by the USA water quality buffer. }
r�' r 5. Steeply sloped areas where the slope of the land is 20%or greater.
' 6. Existing public rights-of-way,structures,roads and utilities. j tb
" 7. Vegetation,including trees or tree clusters and understory. t..
B. Existing and proposed contours at 2-foot intervals. c `
r 4
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C. Site Specific Water Resource and Riparian Setback Determinations. The -
required survey of identified water resources and their respective riparian setbacks and
water quality buffers,required by Section 18.85.060.6,shall serve as the basis for
t refining the Tigard Wetlands and Stream Corridors Map.
1. The determination of the location of water resources,riparian setbacks and •
f „ water quality buffers shall be made under Type I procedure.
2. If excavation,vegetation removal or development is proposed completely aj
outside of a water resource,riparian setback or water quality buffer,no
further WR overlay zone requirements apply. (®
3. Permitted and conditional uses within surveyed riparian setback areas are {
limited to those described in Section 18.85.050 and subject to the
development standards of this chapter.
D. Type it and!If Uses:Required Studies and Mitigation Reports.Each of the
i following studies shall be required whenever any Type II or III use is proposed within the
{ WR overlay district.Each required report must consider the City of Tigard Local Wetlands
11 Inventory(Fishman Environmental Services,1994),shall be in addition to the submission ��
of information required for specific types of development,and shall be prepared by >
professionals in their respective fields. The Planning Director may exempt permit { 4 ,
applications from one or more of these studies,based on specific findings as to why the
study is unnecessary to determine compliance with this chapter. This determination
must be made,in writing,at or immediately following the required pre-application r^ �
conference and prior to application submittal. r r
-
1. Hydrologyv and Soils Report. This report shall include information on the
A Y ,
hydrological activities of the site,the effect of hydrologic conditions on the
proposed development,and any hydrological or erosion hazards. This report shall
also include soils characteristics of the site,their suitability for development,and
erosion or slumping characteristics that might present a hazard to life and property, �r a
or adversely affect the use or stability of a public facility or utility. Finally,this report .°
shall include information on!no nature,distribution and strength of existing soils,
the adequacy of the site for development purposes,and an assessment of grading
r
procedures required to impose the minimum disturbance to the natural state. The
report shall include recommendations to assure comp=lance with each applicable c 5`
provision of this code as well as all applicable provisions of City building _
ordinances,and shall be prepared by a professional engineer registered in .
Oregon.
2. Gradina Plan. The grading plan shall be specific to a proposed physical structure
or use and shall include information on terrain(two-foot intervals of property),
r 45 �
drainage,direction of drainage flow,location of proposed structures and existing
structures which may be affected by the proposed grading operations,water
quality facilities,finished contours or elevations,including all cut and fill slopes and r
proposed drainage channels. Project designs including but not limited to locations r
of surface and subsurface devices,walls,dams,sediment basins,storage ,
reservoirs,and other protective devices shall form part of the submission. The is
grading plan shall also include a construction phased erosion control plan
consistent with the provisions of this code and a schedule of operations and shall x
be prepared by a professional engineer registered in Oregon.
' ,. 3. Vegetation Report. This report shall consist of a survey of existing vegetative '
cover,whether it is native or introduced,and how it will be altered by the proposed
t Final Drajf-City of Tigard Water Resources Overlay District r
yrs WPS-7/23/97-Page 8
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} { development. The reportshall specifically identify disturbed areas(i.e.,areas
devoid of vegetation or areas that are dominated by non-native or invasive { x
t species)and the percentage of crown cover. Where a reduction in the riparian ;.,
setback is proposed,measures for re-vegetation and enhancement with nativei x,
plant species will be clearly stated. The vegetation report shall include t .i.
recommendations to assure compliance with each applicable provision of this
code,and shall be prepared by a landscape architect,landscape designer, '' °
botanist,arborist,or other qualified individual with specific knowledge of native r}
} plant species,planting and maintenance methods,survival rates,and their abilityff
to enhance fish and wildlife habitat and to control erosion and sed IL
4. Stream ojrt
bank Conditions Re . This report is only necessary if a reduction in the r
f
riparian setback area is proposed. The streambank conditions report shall consists { ;
IR
of a survey of existing streambank conditions,including types of vegetative cover, , z , 5 �
the extent to which the streambank has been eroded,and the extent to which1, =
r mitigation measures would be successful in maximizing fish and wildlife habitat
values while serving the stream's urban hydrological function. Measures for
improving fish and wildlife habitat and improving water quality will be clearly stated,
t$ as well as methods for immediate and long-term streambank stabilization.The F _
streambank conditions report shall include recommendations to assure compliance �w
with each applicable provision of this code,and shall be prepared by a biologist,or
other qualified individual in concert with an engineer registered in Oregon,both of
whom must have experience in stream bank resiora4ion. The report shall specify
long-term maintenance measures necessary to carry out the proposed mitigation
plan.
{
18.85.070 Decision Options and Conditionss� M
A. Decision Options. The Approval Authority may approve,approve with conditions, t � `
or deny an application based on the provisions of this chapter. Th. Approval Authority
may require conditions necessary to comply with the intent and provisions of this chapter. ,y
B. Conditions. The required reports shall include design standards and
recommendations necessary for the engineer and biologist or other qualified individual to I{ x
provide reasonable assurance that the standards of this section can be met with a
a appropriate mitigation measures. These measures,along with staff recommendations, -
shall be incorporated as conditions into the final decision approving the proposed
development.
C. Assurances and Penalties. Assurances and penalties for failure to comply with
mitigation,engineering,erosion and water quality plans required under this section shall "
% be as stated in Chapter 18.24.
"fir t �
18.85.080 Development Standards
LK
ti y 4 •� +
#` The following shall apply to all development,including native vegetation removal and ,
£ excavation,within the WR overlay district. No application for a use identified in Section i � F
y r Final Draft-City of Tigard Water Resources Overlay District
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Sfi f n� .? 18.85.050 shall be deemed complete until the applicant has addressed each of these
f F standards in writing.
4 e }
g f A. Alternatives Considered. Except for stream corridor enhancement,most
Type It and 141 uses are expected to develop outside of water resource and riparians
setback areas. Therefore,Type II and III development applications must carefully
examine upland alternatives for the proposed use,and explain the reasons why the
proposed development cannot reasonably occur outside of the water resource or riparian „
setback area. fi
40
B. Minimize Siting Impacts. The proposed use shall be designed,located and ,
constructed to minimize excavation,loss of native vegetation,erosion,and adverse �a'
hydrological impacts on water resources. " ,
y 9 p quality .
1. For T pe II and III uses,the civil engineer with experience in water uali must t
certify that any adverse water quality impacts of the development proposal will be
minimized consistent with best management practices.
2. For all uses,the development shall be located as far from the water resource,and
use as little of the water resource or riparian setback area,as possible,recognizing
p P 9 9
the operational needs of the proposed development.
C. Construction Materials and Methods. Where development within the riparian
area is unavoidable, construction materials or methods used within the riparian setback k � "
area shall minimize damage to water quality and native vego+atio
D. Minimize Flood Damage. Above-ground residential structures shall not be
permitted within the WR overlay district,where such land is also within the 100-year f
floodplain. On-site flood storage capacity shall not decrease as a result of development.
The cumulative effects of any proposed development shall not reduce flood storage �� ,q ;
capacity or raise base flood elevations on-or off-site. Any new commercial or industrial
land development proposed within the 100-year floodplain shall be designed consistent
r;
with Chapter 18.84,Sensitive Lands.
E. Avoid Steep Slopes.s. Within 50 feet of any water resource,excavation and F,
'
vegetation removal shall be avoided on slopes of 25 percent or greater and in areas with
high erosion potential(as shown on SCS maps),Except where necessary to construct f z w
public facilities or to ensure slope stability.
F. Minimize Impacts on Existing Vegetation. The following standards shall apply
when construction activity is proposed in areas where vegetation is to be preserved.
1. Temporary measures used for initial erosion control shall not be left in place `
permanently. �2 1111
2. Work areas on the immediate site shall be carefully identified and marked to ,
reduce potential damage to trees and vegetation.
3. Trees shall not be used as anchors for stabilizing working equipment. d . '
4. During clearing operations,trees and vegetation shall not be permitted to fall or �r
be placed outside the work area.
5. In areas designated for selective cutting or clearing,care in falling and
removing trees and brush shall be taken to avoid injuring trees and shrubs to
? be left in place. f �
Aj f Fina!Draft-City of Tigard Water Resources Overlay District
@'M� WPS 7/23/97 Page 10 -
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t� 6. Stockpiling of soil,or soil mixed with vegetation,shall not be permitted on a
permanent basis.
t G. Vegetation Mitigation Plan. If a Type I;or ill use is proposed within a water
s .
_* -F resource site or riparian setback area,or mitigation is proposed as a method to reduce the r ��
r,tau riparian setback in accordance with Section 18.85.100,a mitigation plan shall be prepared ,
and implemented.
1. The applicant shall be responsible for re-vegetating areas temporarily disturbed
by excavation on a 1:1 basis. ,Y x
2. Where approval is granted to reduce the riparian setback area,the applicant
shall be responsible for mitigating for the reduced setback by replacing non
native vegetation within the remaining,protected r;parian setback area on aU t
1.5:1 basis.That is,for each 100 square feet of riparian setback that is lost to
development,at least 150 square feet of existing disturbed area within the
riparian setback or wetland shall be re-planted with native plant species. x � -
04
3.
3. The re-vegetation plan shall provide for the replanting and maintenance of r
native plant species designed to achieve pre-disturbance conditions.The
applicant shall be responsible for replacing native plant species that do not
po p 9 an Y
survive the first two years after planting,and for ensuring the survival of any
replacement plants for an additional two years after their replacement.
H. Water and Sewer Infiltration and Discharge. Water and sanitary sewer facilities 4
shall be designed,located and constructed to avoid infiltration of floodwaters into the _ y
a:__�.., m F,�h facilities tr,efroame and wetland.S. .
system,and io avoid „�rycc from s_ s
1. gs
On-Site Systems. On-site septic systems and private wells shall be prohibited s $
within the WR overlay district.
J. Erosion Control Plan. if a Type II or III use is proposed within a water resource , k
site or riparian setback area,the following erosion control standards shall apply within the
WR overlay district:
r 1. Specific methods of soil erosion and sediment control shall be used during
construction to minimize visible and measurable erosion. ,
2. The land area to be grubbed,stripped,used for temporary placement of soil,or
to otherwise expose soil shall be confined to the immediate construction site
only.
}
3. Construction activity will take place during the dry season(June-October), � h
* whenever feasible,and the duration of exposure of soils shall be kept to a } .'
minimum during construction.
4. Exposed soils shall be covered by mulch,sheeting,temporary seeding or other
suitable material following grading or construction,until soils are stabilized.
not be exposed
During the rainy season(November through May),soils shall
I or more than 7 calendar days. All disturbed land areas which will remain s�-
unworked for 21 days or more during construction,shall be mulched and
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seeded. tw�,r�
5. During construction,runoff from the site shall be controlled,and increased
ti runoff and sediment resulting from soil disturbance shall be retained on-site. r
Temporary diversions,sediment basins,barriers,check dams,or other
w r
r methods shall be provided as necessary to hold sediment and runoff. c
AS 4
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rN 6, A stabilized pad of gravel shall be constructed at all entrances and exits to the �-
l construction site. The stabilized gravel pad shall be the only allowable }
entrance or exit to the site.
7. Topsoil removal for development shall be stockpiled and reused on-site to the
degree necessary to restore disturbed areas to their original or enhanced4,1_1
condition,or to assure suff13
icient stable topsoil for re-vegetation. Additional soil y` " zl
a£ ;; •
' shall be provided if necessary to support re-vegetation. 1
8. The removal of all sediments which are carried into the streets,water
resources or on to adjacent property,are the responsibility of the applicant.
The applicant shall be responsible for cleaning up and repairing streets,catch r
basins,water resource areas and adjacent properties,where such properties r � ,
are affected by sediments or mud. In no case shall sediments be washed into
! storm drains,ditches or drainageways.
t ��:
9. Any other relevant provision of the Erosion Prevention and Sediment Control s ;,
Plans Technical Guidance Handbook(City of Portland Bureau ofMp
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Environmental Services and Unified Sewerage Agency of Washington County,
k4
Revised February 1994),required by the Planning Director.
K. Plan Implementation. A schedule of planned erosion control and re vegetation
measures shall be provided,which sets forth the progress of construction activities,and
mitigating erosion control measures. An approved Erosion Control or Re-vegetation Plan a"
shall be implemented and maintained as follows:
1. Erosion control measures shall be installed prior to any stripping or excavation 5 ,
work.
sem.
2. The applicant shall implement the measures and construct facilities containedg
in the approved Erosion Control Plan in a timely manner. During active
construction,the applicant shall inspect erosion control measures daily,and
maintain,adjust,repair or replace erosion control measures to ensure ti at they $
are functioning properly,
3. Eroded sediment shall be removed immediately from pavement surfaces,off E
site areas,and from the surface water management system,including storm
drainage inlets,ditches and culverts.,
4. Water containing sediment shall not be flushed into the surface water '
management system,wetlands or streams without first passing through an „}
approved sediment filtering facility or device.
5. In addition,the applicant shall call for City inspection,prior to the foundation a
inspection for any building,to certify that erosion control measures are installed
3 in accordance with the erosion control plan. {
L. Type III Conditional Uses. The procedural and substantive provisions of s
Chapter 18.130,Conditional Uses,in addition to Section 18,85.080(L)(1-2)below and
i 18.85.080(A-K)above,shall apply to determine whether a Type III use listed below may
61 c
be approved. The applicant for conditional use approval shall: sK ,
M 1. Demonstrate that there will not be an net loss in the values of the resource
�N
area;and y �
2. Submit a detailed mitigation plan to show that any loss of riparian values will .
# + be fully compensated through the enhancement program. µ
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Final Draft-City of Tigard Water Resources Overlay District
f WPS 7/23/97 Page 12
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18.85.090 Abutting Lot Area Reduction
A. Where no riparian setback reduction is proposed,the minimum lot area of + ;
1 buildable lots abutting the riparian setback area may be reduced in proportion to the
preserved riparian area outside the required water qualtiy buffer,provided that each
abutting lot shall have a minimum depth of at least 60 feet.
k
B. The riparian setback area outside the USA water quality buffer shall be retained
a r
a° 4 as an extension of the parcel created under 18.85.030.C.2 # ;
r 18.85.f 00 Riparian Setback Reductions F, Ok
_� R .
The Director may approve a site-specific reduction of the Tualatin River or any major lc
stream
stream riparian setback by as much as 50 percent to allow the placement of structures c'
or impervious surfaces otherwise prohibited by this chapter,provided that equal or
better protection for identified major stream resources is ensured through streambank
restoration and/or enhancement of riparian vegetation in preserved portions of the ^ ,
r riparian setback area. sz 0-41 `
IZ
T z
1 A. Eligibility for Riparian Setback in Disturbed Areas. To be eligible for a t
i riparian setback reduction,the applicant must demonstrate that the riparian corridor was
substantially disturbed at the time this regulation was adopted. This determination must
be based on the Vegetation Study required by Section 18.85.050.0 that demonstrates .
all of the following:
1. Native plant species currently cover less than 80 percent of the on-site
� riparian corridor area;
2. The tree canopy currently covers less than 50 percent of the on-site riparian
corridor and healthy trees have not been removed from the on-site riparian
y - setback area for the last five years; t ,
3. That vegetation was not removed contrary to the provisions of Section ,r
18.85.050 regulating removal of native plant species;
4. That there will be no infringement into the 100-year floodplain;and >
5. The average slope of the riparian area is not greater than 20 percent. t
B. Determination of Extent of Riparian Setback Reduction. Provided that the I.
standards of 18.85.080.8 are met,as much as 50 percent of the riparian area may be
+ r developed,based on a vegetation enhancement and streambank mitigation plan,and '
subject to the following standards:
1. The minimum remaining riparian setback for the Tualatin River shall not be <g
less than 37.5 feet,and the minimum remaining major stream riparian " `
+ k setback shall not be less than 25 feet.
` 2. Based on the recommendations of the required vegetation report,up to a 33
f+
percent reduction in the riparian setback area may be approved,provided that
rz:
the applicant enhances disturbed portions of the remaining riparian setback
area on a 1.5:1 basis. The vegetation report identifies disturbed areas(non- r�
vegetated areas and areas that are overgrown with non-native or invasive plant a �
species such as English ivy or Himalayan blackberry)and areas dominated by
F
,x r � , native plant species. Thus,for every 100 square feet of riparian setback area
that is developed,at least 150 square feet of the disturbed portion of the
wr r�
Final Draft-City of Tigard Water Resources Overlay District
m
4 WPS 7/23/97 Page 13 s
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Yfremaining riparian setback area must be re-planted with native plant species. >
4 In this manner,up to a one-third riparian setback reduction may be approved. €
t 3. Up to an additional 17 percent reduction of the riparian setback area may be ,
approved,based on an approved streambank mitigation plan prepared by a
biologist and an engineer,both of whom must have experience in stream
bank restoration. The plan must demonstrate that the streambank mitigation r k
measures will maximize fish and wildlife habitat values and water quality
k
f 18.85.110 Adjustments to Underlying Zone Setback Standards
In contrast to variances to the standards of the WR overlay district,adjustments to * ti
dimensional standards of the underlying zoning district may be approved by the Planning MR
Director when necessary to further the intent of this overlay district.
A. Adjustment Option. The Planning Director may approve up to a 50 percents
adjustment to any dimensional standard e.g.,setback,height or lot area of the under) in
zoning district to allow development consistent with the purposes of the WR overlay sy
district. The purpose of the adjustment process is to reduce adverse impacts on wetlands,
stream corridors,fish and wildlife habitat,water quality and the potential for slope or floodM y
hazards. i
f` B. Adjustment Criteria. A special WR overlay district adjustment may be ph „
requested under Type 11 procedure when development is proposed within or adjacent to
the WR overlay district. in order for the director to approve a dimensional adjustment to
standards in the underlying zoning district,the applicant shall demonstrate that the
following criteria are fully satisfied:
i 1. The adjustment is the minimum necessary to allow a permitted use,while at the
same time minimizing disturbance to a water resource,riparian setback area or
water quality buffer. ��
2. Explicit consideration has been given to maximizing vegetative cover,minimizing
excavation and minimizing impervious surface area on unbuildable land.
3. Design options have been considered to reduce the impacts of development,
x including but not limited to multi-story construction,siting of the residence close to = '
the street to reduce driveway distance,maximizing the use of native landscaping "
materials,minimizing parking area and garage space. w z
4. In no case shall the impervious surface area of a single-family residence(including
the building footprint,driveway and parking areas,accessory structures,swimming p
n
pools and patios)exceed 3,000 square feet of riparian setback or water quality
buffer area. g`
5. Assurances are in place to guarantee that future development will not encroach
*r further on land under the same ownership within the WR overlay district.
` The Planning Director may impose any reasonable condition necessary to mitigate ;
identified impacts resulting from development on otherwise unbuildable land . i
r k M
uu
18.85.120 Density Transfer
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Final Draft-City of Tigard Water Resources Overlay District r�
IVPS-7!23197-Page 14
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Density may be transferred from water resource and riparian setback areas as provided in
Section 18.92.020-030. ` � 1
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i s
y`y 18.85.130Variances to Chapter 18.85 Standards R$ C-
VOW'
Variances to the use provisions of Section 18.85.050 are not permitted. Variances from ' ` , x ;
measurable(dimensional)provisions of this chapter shall be discouraged and may be
r
considered only as a last resort.
€ y A. Type III Variance Option.The Hearings Officer shall hear and decide variances ,
from dimensional provisions of this chapter under Type III procedure,in accordance with a { Y }
< the criteria in Chapter 18.134 of the zoning ordinance.
B. Additional Criteria. in addition to the general variance criteria described in a�.•;
Chapter 18.134,all of the following additional criteria must be met to grant a variance to
any dimensional provision of this chapter:
1. The variance is necessary to allow reasonable economic use of the subject parcel
of land,which is owned by the applicant,and which was not created after the
effective date of this chapter. `Aa
x ` 2. Strict application of the provisions of this chapter would otherwise result in the loss ;
of a buildable site for a use that is permitted outright in the underlying zoning P,{
district,and for which the applicant has submitted a formal application. '
3. Theapplicant has exhausted all options available under this chapter to relieve the
T hardship.
4. Based on review of all required studies described in Section 18.85.060,the
variance is the minimum necessary to afford relief,considering the potential for ^`
} increased flood and erosion hazard,and potential adverse impacts on native
vegetation,fish and wildlife habitat,and water quality. a `
5. Based on review of all required studies described in Section 18.85.060,no
significant adverse impacts on water quality,erosion or slope stability will result x�from approval of this hardship variance,or these impacts have been mitigated to ?
the greatest extent possible.
6. Loss of vegetative cover shall be minimized. Any lost vegetative cover shall be
v replaced on-site,on a 1-to-1 basis,by native vegetation. `
x
§x 18.85.140 Plan Amendment Option
%16
Any owner of property affected by the WR district may apply for a quasi-judicial
acomprehensive plan amendment under Type IV procedure. This amendment must beM"
a.rt based on a specific development proposal. The effect of the amendment would be to ,
47F 7 remove WR overlay district from the property. The applicant shall demonstrate thatk }
such an amendment is justified by either of the following: k
€-
+ A. ESEE Analysis. The applicant may prepare an Environmental,Social,
Ag
r a Economic and Energy(ESEE)consequences analysis prepared in accordance withOM
n OAR 660-23-040. ;
l Final Draft-City of Tigard Water Resources Overlay District 3 r
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w Et" a 1. The analysis shall consider the ESEE consequences of allowing the , Nl 0,11
proposed conflicting use fully,consider both impacts on the specific resource T
x a 3 M-
site in comparison with other comparable sites within the Tigard Planning a
Nm
Area. ,
1 2. The ESEE analysis must demonstrate to the satisfaction of the Tigard City r � <
' Council that the adverse economic consequences of not allowing the
conflicting use are sufficient to justify the loss,or partial loss,of the resource. ;
3. In particular,ESEE analysis must demonstrate why the use cannot beb
1 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 ? l
i
t x the specific needs of the proposed use. kry
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 µfiff x
j of whom are qualified in their respective fields and experienced in the ,
7 .+ preparation of Goal 5 ESEE analysis. '
z i1 5. If the application is approved,then the ESEE analysis shall be incorporated
j by reference into the Tigard Comprehensive Plan,and the Tigard Wetland ,
and Stream Corridor Map shall be amended to remove the site from the �fi
inventory. V
B. Determination of'Insignificance." in this case,the applicant must
demonstrate that the water resource site(s)no longer meet(s)the applicable
1 U�
significance threshold defined by the Goal 5 administrative rule,relative to otherzA
t comparable resources within the Tigard Planning Area.
r 1. Significance thresholds are described and applied in the addendum to the
City of Tigard Local Wetlands Inventory adopted by reference as part of this
tx chapter.
2. In considering this claim,the Council shall determine that the decline in
identified resource values did not result from a violation of this chapter or any
t other provision of the Tigard Community Development Code.
{
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+ ' n Final Draft-City of Tigard Water Resources Overlay Districtg
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