City Council Packet - 05/09/2006
cinr oF TIGaRo
OREGON
TIGARD CITY COUNCIL
MEETING
May 9, 2006
COUNCIL MEETING WILL BE TELEVISED
I:\Ofs\Donna's\Ccpkt 1
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
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1
TIGARD CIT'Y COUNCIL
MEETING
May 9, 2006 6:30 p.m.
~.5 .
TIGARD CITY HALL F 13125 SW HALL BLVD
TIGARD, OR 97223
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no
sheet is available, ask to be recognized by the Mayox at the beginning of that agenda item. Citizen
Communication items are asked to be two minutes or less. Longer matters can be set for a future
Agenda by contacting either the Mayor or the Ciry Manager.
Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15
p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after
7:30 12.m.
Assistive Listening Devices are available far peYSOns with unpaired hearing and should be scheduled
for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171,
ext. 2410 (voice) or 503-684-2772 (I'DD - Telecommunications Devices fox the Dea~.
Upon request, the City will also endeavor to arxange for the following services:
• Qualified sign language interpretexs for persons with speech or hearing impauinents; and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow as much
lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the
meeting by calling: 503-639-4171, ext. 2410 (voice) oY 503-684-2772 (TDD - Telecommunicarions
Devices for the Dea fl.
SEE ATTACHED AGENDA
COUNCIL AGENDA - May 9, 2006 page 1
AGENDA
TIGARD CITY COUNCIL MEETING
6:so nM •
• STUDY SESSION
> City Manager Performance Review
• Administration Staff
> Entry Sign Design Review & Discussion
• Admuustration Staff
> Final Decision on Letterhead
• Admuiistration Staff
> Staff Repoxt on House Interim Committee on Land Use Meeting
• Community Development Staff
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss to
review and evaluate the employment-related performance of the chief executive officex under
ORS 192.660(2)(i). All discussions are confidential and those present may disclose nothing from
the Session. Representatives of the news media are allowed to attend Executive Sessions, as
provided by ORS 192.660(4), but must not disclose any information discussed. No Executive
Session may be held for the purpose of taking any final action or making any final decision.
Executive Sessions are closed to the public.
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council & Loca1 Contract Review Boaxd
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communicarions & Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. PROCLAMATIONS
2.1 Proclaim Emergency Medical Services Week, May 14-20, 2006
• Mayor Dirksen
COUNCII.. AGENDA - May 9, 2006 page 2
7:40 PM
3. CITIZEN COMMUNICATION (Two Minutes ox Less, Please)
• Tigard High School Student Envoy Krista Foltz
- Acknowledge and Commend Krista Foltz for Her Efforts as the Tigard High
School Student Envoy to the City of Tigard - Resolution No. 06-
• Mayor Dirksen
• Follow-up to Previous Citizen Communication
750 PM
4. CONSENT AGENDA: These items are considered to be xoutine and may be enacted in one
motion without separate discussion. Anyone may request that an item be removed by motion
for discussion and separate action. Motion to:
4.1 Approve Council Minutes fox March 28, Apri14, 11, and 18, 2006
4.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
4.3 Approve Budget Amendment No. 12 to the FY 2005-06 Budget to Increase
Appropriations in the Mayor and Council Budget for Funding of Expenditures for
Family Week and Addirional Travel and Trainuig - Resolution No. 06-
4.4 Appoint Patrick Harbison to the Planning Commission to Fill the Unexpired Term of
Former Commissioner William Haack - Resolution No. 06-
• Con.rent Agenda - Item.r Removed for Soarate Di.rcu.crion: Any item.r regue.rted to be tvmoved from
the Con.rent Agenda for .ref~arate di.rcussion aanll be conjidered immediately afier the Council ha.r voted
on tho,re item.r lvhich do nnt need di.rcus.rion.
7:55 ]'M
5. UPDATE FROM THE YOUTH ADVISORY COUNCIL
• Staff Introduction: Administration Staff
• Update: Youth Advisory Council Membexs
8:10 PM
6. PUBLIC HEARING (QUASI JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT
(CPA) 2004-00001 /SENSITIVE LANDS REVIEW (SLR) 2004-00003 & 2006-00001 /TREE
REMOVAL (TRE) 2006-00001 thxough 2006-00009 - SW WALL STREET EXTENSION
REQUEST: As part of a capital improvement pYOject, the applicant is xequesting
approval to build a 360-foot extension of SW Wall Stteet, east of SW Hall Blvd, between
the Tigard Libxary and adjacent condoiniiuums. As part of this extension, wedands that
are designated as locally significant will be impacted and reconfigured. To conduct this
work, a comprehensive plan amendment is required. Sensitive Lands reviews axe required
COUNCIL AGENDA - May 9, 2006 page 3
for impacts to wedands and Pinebrook Cxeek, a tributary to Fanno Creek. A number of
trees in the sensitive land areas will require removal to accommodate the gracling and
construction of the roadway requiruig Txee Removal permits. The applicant has requested concurrent review of all these permit applications. The Wall Street extension will provide
a joint access to both the Tigard Public Library and the Fanno Pointe Condoinuuums to
satisfy obligations to the Oregon Departxnent of Transportation (ODO"I) which allowed
temporary access to the Condominiums and the Library from Hall Boulevard. This 360-
foot extension will terminate on the west side of Fanno Creek and west of its 100-year
floodplain. Future extensions of SW Wall Street across Fanno Creek will xequire a
sepaxate review and approval by the City, State and Federal agencies. LOCATION: SW
Wall Street unimpxoved right-of-way, east of SW Hall Boulevard, south of the Tigard
Public Library, and north of the Fanno Pointe Condoniuums; Washington County Tax
Assessor's Map 2S102DD, Tax Lots 200, 300 and 90000. ZONE: 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 condirionally. COMPREHENSIVE PLAN
DESIGNATION: Medium-Density Residential and Open Space. APPLICABLE
REVIEW CRITERIA: Communiry Development Code Chapters 18.385, 18.390,
18.510, 18.775, 18.790, 18.795 and 18.810.
a. Open Public Hearing - Mayor ,
b. Statement by City Attorney Regarding Procedure
c. Declarations or Challenges
- Do any members of Council wish to report any ex parte contact or
information gained outside the hearing, including any site visits?
- Have all members familiarized themselves with the application?
- Are there any challenges from the audience pertaining to the Council's
jurisdiction to hear this matter or is there a challenge on the
participation of any member of the Council?
d. Staff Report: Community Development Staff
e. Public Testimony
- Pxoponents
- Opponents
- Rebuttal/Final argtuiient by applicant
£ Staff Recommendation
g. Close Public Hearing
h. Council Discussion and Consideration: Ordinance No. 06-
9:10 PM
7. CONSIDER PARTICIPATION IN THE PROPOSED WILLt1METTE RIVER WATER
COALITION (WRWC) PROJECTS
a. Staff Report: Public Works Staff
b. Council Discussion
c. Council ConsideYation of the Intergovernmental Watex Board's (1WB)
Recommendations on the proposed WRWC Projects and Dixect Staff to Prepare a
Response to the WRWC Consistent with the IWB's Recommendations
COUNCIL AGENDA - May 9, 2006 page 4
920 PM
8. REPORT FROM THE MAYOR AND COUNCII, MEMBERS ON THE NATIONAL
LEAGUE OF CITIES CONGRESSIONAL CITY CONFERENCE
9:so >>M
9. COUNCIL LIAISON REPORTS
10. NON AGENDA ITEMS
9:a0 PM
11. EXECUTIVE SESSION: The Tigard Ciry Council may go into Executive Session. If an
Executive Session is called to order, the appropriate ORS citation will be announced
identifying the applicable statute. All discussions are confidential and those pxesent may
disclose nothing from the Session. Repxesentatives of the news media axe allowed to attend
Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information
discussed. No Executive Session may be held fox the purpose of taking any final action or
making any final decision. Executive Sessions are closed to the public.
12. ADJOURNMENT
COUNCIL AGENDA - May 9, 2006 page 5
COMMUNITY CITY OF TIGARD
NEWSPAPEP,S OREGON
6605 SE Lake Road, Portland, OR 97222 • PO
Box 22109 • Portland, OR 97269 PUBLIC HEARING ITEM:
Phone: 503-684-0360 Fax: 503-620-3433 The foilowing will be considered by the Tigard City Council on
Email: Tuesday May 9. 2006 at the Tigard Civic Center - Town Hall,
13125 SW Hall Blvd., Tigard, Oregon.
legaladvertising@commnewspapers.com Both public oral and written testimony is invited. The public hear-
ing on this matter will be held under Title 18 and rules of proce-
A F F I I T O F P U B L I I O N dure adopted by the Council and available at City Hall or the rules
of procedure set forth' in Section 18.390.060.E. The Planning
State of Oregon, County of Washington, SS Commission's review is for the purpose of making a recommen-
dation to the City Council on the request. The Council will then
I, Charlotte Allsop, being the first duly sworn, hold a public hearing on the request prior to making a decision.
depose and say that I am the Accounting A copy of the application and all documents and evidence submit-
ted by or on behalf of the applicant and the applicable criteria are
Manager of The Times (serving Tigard, available for inspection at no cost. A copy of the staff report will
Tualatin & Sherwood), a newspaper of be made available for inspection at no cost at least seven (7) days
general circulation, published at Beaverton, in prior to the hearing, and copies for all items can also be provided
the aforesaid county and state, as defined by at a reasonable cost. Further information may be obtained from
ORS 193.010 and 193.020, that the Planning Division (staff contact: Denver Igarta. Associate
Planner at 13125 SW Hall Blvd., Tigard, Oregon 97223, by call- .
Cit of Ti ard ing 503-639-4171, or by email to Denver .tieard-or.~o_v.
Y 9 COMPREHENSIVE PLAN AMENDMENT (CPA)
Public Hearing-Wall Street Extension 2004-00001/SENSITIVE LANDS REVIEW (SLR)
TT10777 2004-00003 & 2006-00001/TREE REMOVAL (TRE)
2006-00001 through 2006-00009
a copy of which is hereto annexed, was > WALL STREET EXTENSION <
published in the entire issue of said REQUEST: As part of a capital improvement project, the appli-
newsp8per for cant is requesting approval to build a 360-foot extension of SW
Wall Street, east of SW Hall Blvd, between the Tigard Library and
adjacent condominiums. As part of this extension, wetlands that
are Aesignated as locally significant will be impacted and recon-
SuCCessive and Consecutive weeks in the figured. To conduct this work, a comprehensive plan amendment
following issues is required. Sensitive Lands reviews are required for impacts to
wetlands and Pinebrook Creek, a tributary to Fanno Creek. A
April 20, 2006 number of trees in the sensitive land areas will require removal to.
accommodate the grading and construction of the roadway requir-
ing Tree Removal permits. The applicant has requested concur-
. Nw rent review of all these permit applications. The Wall Street exten-1 O'Lu.,4-P
sion will provide a joint access to both the Tigard Public Library
Charlotte Allsop (Accounting Man ger) and the Fanno Pointe Condominiums to satisfy obligations to the
Oregon Department of Transportation (ODOT) which allowed
temporary access to the Condominiums and the Library from Hall
Boulevard. This 360-foot extension will terminate on the west
SubSCribed and Sworn to before me this side of Fanno Creek and west of its 100-year floodplain. Future
April 20, 2006 extensions of SW Wall Street across Fanno Creek will require a
separate review and approval by the City, State and Federal agen-
cies. LOCATION: SW Wall Street unimproved right-of-way,
PUBLIC FOR OREGON east of SW Hall Boulevard, south of the Tigard Public Library, and
NOTAR
north of the Fanno Pointe Condominiums; Washington County
My commission expires"W~aM~ Tax Assessor's Map 2S102DD, Tax Lots 200, 300 and 90000.
1 ZONE: R-12: Medium-Density Residential District. The R-12
zoning district is designed to accommodate a full range of housing
Acct #10093001 types at a minimum lot size of 3,050 square feet. A wide range of
Patricia Lunsford civic and institutional uses are also permitted conditionally.
TION: Medium-
COMPREHENSIVE PLAN DESIGNA
City of Tigard K~J
13125 SW Hall Blvd. Density Residential and Open Space. APPLICABLE REVIEW
C~TERIA: Community Development Code Chapters 18.385,
Tigard, OR 97223 18.390, 18.510, 18.775, 18.790, 18.795 and 18.810. Publish
4/20/2006 TT 10777
Size:2 x 9 •
Amount Due $150.30
'Remit to address above
. :....~3 _
City of Tigard, Oregon
. ~
Affidavit of Posting
TIGARD
In the Matter of the Proposed Ordinance(s)
STATE OF OREGON )
County of Washington ) ss.
City of Tigaxd )
o X-_~_~„ le 0 , being fitst duly swoxn (or affirmed), by oath
(or affirmation), depose and say:
That I posted in the following public and conspicuous places, a copy of Oxdinance
Number(s) which wexe adopted at the City Council
meeting of with a copy(s) of said Ordinance(s) being hexeto
attached and by reference made a part heYeof, on the
~ day of , 20~_.
1. TigaYd Ciry Hall, 13125 SW Hall Blvd., Tigard, Oregon
2. Tigard Public Libxary, 13500 SW Hall Blvd., Tigard, Oxegon
3. Tigard Permit Centex, 13125 SW Hall Blvd., Tigard, Oxegon
Signature of Person who Performe Posting
Subscribed and sworn (or affirmed) befoxe me this day of
520 Signature of Notary blic for Oregon
oF=IcIH~ S~At.
*NOTARY JILt ~l OYAg1;~:
PUt1i.:i,'-t;Ri:00N
COMMISSION hG, :381792
MY COMMISSIOtd EXPIREt,lUNG 14, 2ppg
t a
~
v .
. CIT'Y OF TIGARD, OREGON
TIGARD CITY COUNCIL
. ORDINr1NCE NO.O6- OS
AN ORDINANCE APPROVING SENSI'ITVE LANDS REVIEW SLR2004-00003 AND SLR
2006-00001, TREE REMOVAL TRE2006-00001 THROUGH 2006-00009, AND
COMPREHENSNE PLAN AMENDMENT CPA2004-00001 TO REMOVE GOAL 5
PRO'TECTION FROM THE RESOURCES TO BE IMPACTED BY CONSTRUCTION OF SW
WALL STREET AND TO ADD NEWLY : CREATED AND RESTORED WETLAND AND
RII'ARIAN RESOURCES TO THE INVENTORY OF LOCALLY SIGNIFICANT SITES.
WHEREAS, Section 18.775.070 of the City of Tigard Community Developinent Code requires a
sensitive lands permit for development within drainageways and wetlands, and approval critexia are
presented in Secrions 18.775.070.D-18.775.070.E.
WHEREAS, Section 18.790.050 of the Communiry 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 wedand and riparian corridors to address the requirements
of Statewide Planning Goa15 and its safe harbor provisions; and
WFMREAS, the proposed construcrion 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 Goa15 resources designated as Locally Significant; and
WHEREAS, pursuant to Section 18.775.130 of the Tigard Development Code, any owner of property
affected by Goa15 safe harbor protection of significant wedands and/or vegetated areas may apply for
a quasi-judicial Comprehensive Plan Amendment under Type N procedure; and
WHEREAS, pursuant to Secrion 18.380.030 of the Tigard Development Code, the Tigard Planning
Commission shall make a recommendati.on 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 N 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 Ciry's
implementing ordinances; and
• WHEREAS, the Comprehensive Plan rlmendment 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- ()5
Page 1
~ ♦
~ analysis or demonstrating the site no longer meets the applicable significance defined by the Goal 5
adnvnistrative 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 Goa15 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 Ciry 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 detemuned that the construction of SW Wall Street will not adversely
affect the health, safery and welfare of the City and meets all applicable review criteria.
. NOW, THEREFORE, THE CIT'Y OF TIGr1RD ORDAINS AS FOLLOWS:
SECTION 1: Sensitive Lands Review SLR200400003 and SLR 2006-00001, Tree Removal
'1'RE2006-00001 through 2006-00009, and Comprehensive Plan Amendment
CPA200400001 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 wedands 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 wedands and riparian resources shall be added to the inventory of protected locally significant resources as shown in Exhibit "A".
ORDINANCE No. 06- 05
Page 2
.
, SECTION 4: The Tigard City Council adopts the City of Tigard Staff Report dated Apri13, 2006,
the "Addendum to the Staff Report" dated Apri125, 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: T'he Tigard Ciry Council adopts the conditions of approval as stated on page 2 of
the Ciry of Tigard Staff Report dated Apxil 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 Ciry Recorder.
PASSED: By mLllori ~5 vo~of all Council members present after.being read by
number and tide only, this ~ day of ,2006.
~
a erine Wheadey, City Recorder
APPROVED: By Tigard Ciry Council this '9 -A day of 12006.
Craig D' sen, Mayor
Appro d o form:
Ciry A e
Jr
Date
ORDINANCE No. 06- 85
Page 2
~ Exhibit A
,
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Wetiand Creation
i o.08 acre WE TL 'N D M~ TI G A TI O N P L A N'
- - - - ~
~ WALL STREET EXTENSION (PH. 1) StiEET i
STREEY & UTILITIES IMPROVEMENTS i
x OF ~
. ' • ' Exhibit B
' Agenda Item: 5.
HeariDate: A ri13 2006 Time: 7:00 PM
STAFF REPORT TO THE
.
PLANNING COMMISSION a
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 (IRE) TRE2006-00001 through 2006-00009
APPLICANT: Ciry of Tigard APPLICANT'S Group Mackenzie
Capital Improvement Div. REP: Attn: Geraldene Moyle, AICP
Attn: Vannie Nguyen 0690 SW Bancroft
13125 SW Hall Boulevard . Pordand, OR 97239
Tigard, OR 97223
PROPOSAL: As part of a capital improvement project, the ap licant is requesting Sensitive
Lands approval to build a 350-foot extension of SWall Street, east of Hall 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 requured. 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
wedands and drainageways and the proposed reconfiguration of Pinebrook Creek,
a tributary to Fanno Creek. A Tree Removal Permit is required for a numbet 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 pernut applications. o
Phase I of the SW Wall Street extension is aimed at providing aJoint access to
both the Tigard Public Library and the Fanno Pointe Condos to sattsfy obligations
to the Oregon Department of Transportation (OD01) which allowed xemporary
access to the condos and library from Hall Boulevard. This 350 foot improvement
will ternunate 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 Sl"REET EXTENSION - STr1FF REPORT TO 1'HE PI.ANNING COMMISSION PAGE 1 OF 32
CPA2004-00001/SLR2004-00003/SLR2006-00001/TRE2006-00001, 2, S, 4, 5, 6, 7, 8& 9
1 • .
, 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 n~ ~~:`Staff recommencls>tliat the Planturig Commission find tliat this{request`for Compreliensive~P.lan
~Arnendment„Sensitive Larids Peimitand the Tree Removal~Pei~ut will not ael,versely affect ;tlie h'ealth, safery,;:.
~ ariN'`wel~fate of the City and meets~the ssary approval artria.~Staff recbmmends:APFRQVAI:;~subJect'to,;
r r;~ °the followuig recoiiimended Condttions of ApptovaL
"o- } 4 - . ~ S! . ~ . q • - ' ' ~ ' . i, ~y
THE "FOLLOWING CONDITIONS OFAPPRbVAL SHAI.L'~B
E SATISFIED ' ~ i
uc r `~'F ~ ± R ch. ) . . . r r,. ~
PRIOR TO COMMENCEMENT OF ANY-SITEWORK
• 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
properry and submit the agreement prior to commencement of any site work.
x{ r~ Fi ~i X THE FOLLOWING CONDITIONS OF,APPROVAL,SZ .HALI k,BE
t~ . t
DURING THE PROJECT CONSTRi7CTION
~ ~ .:e, t. ^a.' •'S t ~ .t. a. ~ y .{t ~
• 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 wedand mitigation plan. 'I'he project
will additionally meet the erosion control and water quality conditions contained in the DSL and
Corps of Engineers wedand permits and in the water quality certification issued by the Department
of Environmental Qualiry 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 Ciry of Tigard upon
, compleuon of the project showing success meeting the permit conditions.
• The applicant shall comply with the condidons 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. BACRGROUND 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
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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 Ciry. 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 cirywide 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 poliry
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 unprovements 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: Becau,re the timing of the Library project rvill likely lag behind this project, the applicant tvill need an interim
accea.r onto Hal! Boulevard to .r port the develo ment. Their ultimate access unll come m Wlall St~et,
which un!/ be constructed in aby the City 1 he Ci and the licant hqve discusred the need for aa
interim acce.r.r onto Hal! Borr~vard with OI30T, arrd ~DOT ha agrzed to allorv the aae.r.r in the locatron
.rholvn on the applicant s plan,r... The~fore, the interim acce.cs onto Ha!! Boulevard may be able to be
completely removed once the Wlall Street acces.c zr con.rtrzrcted...
Wlall Street
Thi.c roadway is clar,rified as a three-lane collector street that 2vi!/ eventually connect betaveen Hall Boulevard
and HunZiker Street to the east. In order to connect to HunZiker Strret, a cros.ring of the railmad ROW
will be needed That approval has not yet been obtained. Ho~vever, the street can be extended fmm Hall
Boulevard to a point where aae.cr can be provided lo both the Library and Fanno Pointe. Access point,r for
the two project.r unll align acroas 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:
SW Wlall Street
Wlall Street i.c clas.rifred a.r a three-lane collector strpet witb bike lane.r. It is to pmtride an ultimate connection
betaveen Hall Boulevard and Hun#ker Street to the east. A 70 foot BOW ividth zr required for thi.c .ctreet.
The applicant plan.r to dedicate ROW for Wlall Street a,r a part of thi.r pmject. The applicant .rhould only
dedicate this ROW if the Wlall Shzet LID project u approved in the pmposed location.
A preliminary alignment .rtudy war conducted by the City to deternrine hoJV and wherr thi.r .rtreet rvould need
Case file number SDR2002-00012, p.24
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to crn.cr Fanno Crrek and the railroad ROW to the ea.rt. Four option.t ivere conaidered, with the location
near the .routhern border of this rite beirrg the fznali,rt. The other option.r that were considered resulted in more
impact to Fanno Creek and the as.coccated wetland areas adjacent to the creek.
I, f the City obtains approval to construct thi.r roadway, the construction would be in pha.te.c, ni1h the frrst
pha.re simply providing a full-uridth improvement frnm Hall Boukvard a dzrtance of apprnnximately 475 feet
to a point rvhen acce.cr into the lrbrary .rite and the Fanno Pointe rite can be achieved. Thi.r frrst phase can be
con.rtrrrcted svrthout impacts to Fanno Creek or the railroad. A.reparate ort to deal urith the creek and
railroad cro.cring uill continue beyond the .rcope of the library project.
As was stated previously, the conrtruction of Wall Street is pmposed in hvo phaces, with the firrt phase being
a regment beginning from Hal! Borrlevard and funded partly by the City and partly from 17F funds, and the
.recond phase being a LID. The Wa!! Street pr ject is not part of the library pr ject. The library project can
be served alone by the driveway confzguration .rhown on the plan. Thu configuration rvill accommodate the
future construction of tbe fir,rt phase of Wal! Street, ,rhould it be appmved in the location de.rirrd by the City.
Should the Wall Street project be delayed, the library pmjeet can move fonvard urith the driveway plan as
shown. Thi.r provi.rion has also been di.rcu.r.red urith 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 minunize the amount of wetland impact. The total
wedand 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 direcdy 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 residendal zoning.
Proposal Description
Normally, a comprehensive plan amendment would be heard separately, with development pernut
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 deternune the extent of the proposed impacts, and to what
degree the impacts have been or could be further minimized. For this proposal, at tlie request of the
applicant, the subsequent pemut activities are to be heard concurrendy with the comprehensive plan
amendment. This will give decisiotunakers a better idea of the Cull 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 (ROV) is
72 feet wide with 3-lanes meedng 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 intersecdon with SW Hall Boulevard to driveways serving the Tigard
Libraty 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 connecrion with SW Hunziker Avenue,
to provide additional east-west connecrivity for the eastem 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 72'd Avenue. However, this application is only for the 350-foot
extension to serve the Tigard Library and the Fanno Pointe Condos.
Locally Significant Wedand '
This first phase encroaches into wedands and vegetated corridor that are shown on the "Wedand and
Streams Corridor Map" as 'Locally Significane'. An area of approximately 0.11 acres (4,792 s.f.) will be
unpacted by filling slopes and road construction. The criteria for these wedands generally prohibit any
permanent impacts, with few exceptions. To remove tlus protection from these wedands, they must be
removed from the inventory by a comprehensive plan amendment, a Type N procedure. Impacts to the
wedand will be mitigated with stream channel and wetland creation (0.08 acres), wedand enhancement (0.29
acres) and wedand restoration (0.20 acre). The stream channel and adjacent wedands will be reconstructed
slighdy south of their existing location.
Drainagewa~
The wedands 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 currendy 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 (approxixriately 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, approxunately 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 presendy 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 Eloodplain and its elevation is above the floodplain
to preclude floodwater from infiltrating into the water system. Portions of the stream restoration and
plantings urill 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 Ciry 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 Pernuts
0 18.390 Decision Making Procedures
0 18.510 Residenrial 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 comptehensive plan map amendment.
The applicant has requested a quasi-judicial comprehensive plan amendment under Type N 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 fot making quasi-judicial decisions. A recommendation or decision to approve, ,
approve with conditions or to deny an applicadon 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 standatds 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
comptehensive plan or zoning map as it telates to the propetty.
The proposed encroachments will in fact impact the vegetated corridor and wedand resources identified as
significant on the "Wedands & 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:
Chaptet 18.385 includes criteria for miscellaneous permits including Ttee Removal Permits and
Sensitive Lands Reviews. The critetia 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.
Chaptet 18.390. Decision Making Procedutes:
Chapter 18.390.020 describes the fout types of decision-maldng procedures. Type I procedutes
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 discretioaary 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 ptedominandy discretionary approval criteria. Type III-PC acrions are
decided by the Planning Commissioa 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 preferendal
jurisdiction, per Tigard Development Code (TDC) Section 18.390.080(D)(2)(a). Type IV
ptocedutes apply to legislative matters which invobe 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.
0
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 authoriry having original
jurisdiction over one of the applications under Section 18.390.100C 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 N 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 applicadon.
Chapter 18.390.050 B2e states that applications shall include an impact study to quantify the effect
of the development on public facilities and services:
The pemut application includes an impact study (Attachment 8) that addresses the unpacts 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 legislarive map and text amendments (Comprehensive Plan
and Development Code) the recommendation by the Commission and the decision by the
Council shall be based on considetation 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 tegularions;
♦ Any applicable Comprehensive Plan policies; and .
• Any applicable provisions of the Ciry's implemenring otdinances.
T'his 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:
Chaptet 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 prunarily 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 Perfotmance 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 wedands pernuts 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 ateas.
This proposal involves placing limited fill, road improvements and utilities within a wedand area and
natural drainageway. As such, a sensitive lands review is required for eachryp es of resource. As described
previously, since this is a consolidated proceeding with a Comprehensive Plan Amendment, the highest
review authori ty 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 Cootdination. The necessary permits for all "development" shall include a CWS
Service Provider Lettet.
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 Ditector shall norify communities adjacent to
the affected area and the State Department of Land Conservation and Development prior to any
alteration ot relocation of a watercourse, and submit evidence of such notification to the Federal
Insurance Administtation; '
B2. The Director shall require that maintenance is provided within the altered or relocated portion
of a watercoutse 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 Wedand Mitigation Plan, the City of
Tigard will be responsible for maintenance of the mitiganon site during the 5-year monitoring penod.
Maintenance recommendations for corrective action wiIl be included in the annual wedand mocutoring
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 ~ointe Condominium Owners Association.
According to condiuons of the CWS Service Provider Letter (as stated in Attachment 11), maintenance
and mocutonng, 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 Ptovisions for Floodplain Areas.
This Section tequires permit review for floodplain areas to determine whether building sites will
minimize the potentiaCfor 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 floodplain. However per Section 18.775.020 C2, stream
and wedand restoration and enhancement programs performed under the direction of the Ciry 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 Stteams Corndors Map", and to a vegetated
comdot tanging from 25 to 200 feet wide, measured horizontally, from the defined boundaries of
the wedand, pet "Table 3.1 Vegetated Corridor Widths" and "Appendix C" Natural Resoutce
Assessments of the CWS "Design and Consttuction Standards". Wedand locarions 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 sigruficant wedands
(E-18, a manmade pond along Pinebrook Creek, and E-19, associated wedands). The extent of the
vegetated corridors as determuied by CWS are shown in the applicant's Attachment 11. The proposal is
therefore subject to sensitive lands review for wedands.
B. Delineation of wetland boundaries.
Precise boundaties 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.
'I'hree wedand delineations were conducted by different consultants. A wedand delineation was prepared
for the Tigard Library site including the Wall Street extension by Kurahashi & Associates in ~une 2002.
Another delineation report for the proposed Wall Street right of way extending east across t e railroad
tracks was prepared by Pacific Habitat Services in 2003. A wedand 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 bp 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 critetia for various kinds of sensitive ateas are presented in Sections 18.775.070B-
18.775.070E.
18.775.070A. Petmits 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 Sectton 18.775.020 C2, stream and
wedand restoratton 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
tequest for a sensitive lands permit within drainageways based upon 6ndings that all of the
following criteria have been sansfied:
1. The extent and natute of the proposed land form alteration or development will not create site
distutbances 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 aze the minimum practicable for the project goal (Attachment 6). In addition ta 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 recendy redesigned to reduce the impacts on sensitive lands to mir,imize
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 unpacts for Pfiase 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 rrutunuze the amount of vegetated corridor and wedand 'unpact. A
vegetated corridor mitigation plan has been approved by Clean Water Services as part of the issued Service
. Provider Letter. This cnteria is satisfied.
2. The proposed land form alteration or development will not result in erosion, stteam
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 acldress 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. Ezosion control
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measures shall comply with Erosion Prevendon 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 watet flow capacity of the dtainageway 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 1-Iall Blvd.
widening), basin hydrology and culver hydraulics were investigated to set the parameters for continuing
stream relocation. Currendy, 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" ipe-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 calculauons 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
ateas not coveted by sttuctures ot impervious surfaces will be replanted to prevent etosion 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 Drainagel'lan;
The new culvert arid remaining open channel of the reconfigured Pinebrook Creek have been designed to
carry 25-year flows along with provisions for intermittent flooding into adjacent wedands. As stated in
18.775.070 D3, the stream which is currendy twice culverted ~24" pipe) for a length of 170 feet will be
culverted once (57"X38" pipe-arch) at a distance of 65 feet an 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 uicluded 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 requite 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 elevarion for the construction of a pedestrian/bicycle pathway
within the floodplain in accotdance 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 recendy constructed segment of the Fanno Creek Trail on the library site wnth 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 wet/atids. '
The Ditector shall apptove, apptove with conditions or deny an application request fot a sensitive
lands permit within wetlands based upon findings that all of the following criteria have been
satisfied:
1. The ptoposed land form altetation or development is neither on wetland in an area designated
as signi6cant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within the
vegetative corridor established per "Table 3.1 Vegetative Corridor Widths: and "Ap endix C:
Natural Resoutces Assessments" of the CWS "Design and Consttuction Standards," ot such a
wetland;
The proposed encroachments will in fact impact the vegetated corridor and wedand resources identified as
significant on the "Wedands & Stream Corndor" map, thus the applicant has applied for a comprehensive
plan amendment as provided for in TDC 18.775.130. In doing so, these critena will not apply to those
impact areas. The remainder of the wedands and vegetative corndor that are beyond the project impact
. area will not be subject to landform alteration. Due to the proposed encroachments and proxinuty of
construction activities to the significant wedands and vegetated corridor, construction boundaries shall be
clearly defined in order to minunize 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 requiced 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, unpacts are further reduced by removing much of the
planter strip along the south side of the road to maintain as great a distance as ossible from the resource.
As stated previously, the length of the proposed roadway unprovement was 42~ feet to 350 feet in order to
avoid development within the 100-year floodplain. In additton, a retaining wall along the eastern edge of
the condominium access was added to reduce the amount of wedand impact to the minimum. The total
wedand impact area for Phase 1 was reduced from 025 acre to 0.11 acre. A wedand 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 adversety impact
wetland characterisrics have been mitigated;
The applicant has provided a delineation of the wedand and a compensatory wedand mitigation plan, and
has gauied 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 hydroIogy, and
additionally stormwater treated by the water quality facility on the library site will be discharged into the
wetland area to maintain its hydrologic characterisacs and ensure that wedands are not adversely effected
by development.
Condition: The applicant shall carry out the wetland/vegetated corridor mitigadon 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 control provisions of the Surface Water Management program of Washington County
must be met and areas not covered by structures or impetvious surfaces will be replanted in like
ot similar species in accotdance with Chapter 18.745, Landscaping and Screening;
T'he applicant has provided an erosion control and wedand mitigation/planting plan that addresses such
measures as approved by CWS and the City of Tigard Engineering Department. Phase 1 mitigation will
consist of wedand creanon (0.08 acres), wetland enhancement (0.29 acres) and wedand restoratton (0.20
acres). A detailed plantings plan meettng 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 tequirements 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. T'his 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 Wedands, Natural Areas, and
Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied.
These poGcies will be addressed later in this report under Comprehensive Plan Policies. Physical
Lunitattons 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 Tualarin River,
Fanno Creek, Ball Creek, and South Fork of Ash Creek.
A. In otder to address the requirements of Statewide Planning Goal 5 and the safe hatbor
provisions of Goal 5 administtative tule pertaining to wetlands, all wedands classified as
signi6cant on the City of Tigatd "Wetlands and Streams Corridors Map" are protected. No land
fotm alternarions or developments are allowed within or parrially within a significant wetland,
except as allowed/apptoved pursuant to Section 18.775.130.
The proposed roadway improvements for Phase 1 will impact 0.11 acres of wedands 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
ptovisions of Goal 5 administrative tule pertaining to tiparian cortidors, a standard setback
distance or vegetated corridor area, measured horizontally from and parallel to the top bank is
established for the Tualatin River, Fanno Cteek, Ball'Creek, and South Fork of Ash Creek.
The proposed roadway improvements fot Phase 1 will impact 0.42 acres of vegetated cotridot
designated as significant on the "Wedands 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 Oprion
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 Goa15 protection from the property, but not to
temove the requirements related to the CWS Stormwater Connection Permit, which must be
addressed separately through an Alternarives 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 detetmining 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,
L'unit, 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 minunize 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 contlicting 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 minunize 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 contlicting 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 Ciry'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 properry 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 unproved 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 opdons and a final proposed alignmerit recommended by project
biologists to both minimize unpacts and allow for mitigation opportunities (refer to Attachment 6). As
stated earlier, Phase 1 of the Wall Street extension was recendy 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
currendy 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 wedands, 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
wedand habitat will provide a long-term net benefit to water qualiry and fish habitat. The report concludes
that completion of the proposed mitigation activities (including the reconfiguration of Pinebrook Creek
and wedands) 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 Boulevazd. 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 unpacts 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 possibiliry 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
inventoty. 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 wedands. 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 attotney, all of whom ate qualified in their respecrive
fields and expetienced in the prepararion of Goa15 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 wedand ecologists and wedand/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 Ciry of Tigard Local
Wedands Inventoty 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 apptoved, then the ESEE analysis shall be incorporated by ceference into
the Tigard Comprehensive Plan, and the "Tigard Wetland and Stream Cottidot 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 satis6ed the applicable review
criteria contained in Chapter 18.775 of the Tigard Development Code.
18.790 Ttee Removal
18790.030 Tree Plan Requirement.
A. Tree plan tequired. A tree plan for the planring, removal and protecrion of trees prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development applicarion for a subdivision, partition, site development review, planned
development review or condirional use is filed.
B. The tree plan shall include the following: the location, size and species of all existing trees
designated, as significant; a pcogram 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 wedand 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 perrnits to remove. The following table provides a summary:
Trees 6" or greater pro.posed 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: Tota1= 10 trees #5 hazard, no pemut required) #31 (hazard, no permit required)
#7 (hazard, no pemut 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: Tota1= 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" hawthom) #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 cali,per requires that 50 petcent 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 significandy 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 petmits shall be tequited only fot the temoval
of any ttee which is located on ot in a sensitive land area as defined by Chaptet 18.775. The petmit
fot temoval 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 idendfied 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 sutface waters or water quality as evidenced by an erosion conttol plan which precludes:
' a. Deposits of mud, dirt, sediment ot similat material exceeding 1/2 cubic foot in volume on
public ot private streets, adjacent property, or into the storm and surface water system, either by
direct deposit, dropping, dischatge or as a result of the action of erosion;
b. Evidence of concentrated Elows of water ovet bare soils; turbid or sediment-laden Elows; or
evidence of on-site erosion such as tiwlets 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 413) 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. T'he 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
wedand, tree removal must maintain no less than a 75% canopy cover or no less than the existing
canopy covet 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 wedand 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 sf. In addition to the trees that will repopulate the area, a
variery of shrubs will be planted to provide a dense Eoliage cover around the sueam 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 centet line grade, except that trees exceeding this height may be
located in this area, provided all branches below eight feet ate 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. Atterial streets. On all designated artetial stteets the visual clearance atea shall not
be less than 35 feet on each side of the intecsection.
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 Ciry'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. Cteation 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 31ane 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 oE the Wall Street extensior► 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 capaciry. 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 birycle 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 Invobement
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 poliry has been met by complying with the Tigard Development Code notice requirements set forth
in Section 18390. 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 properry 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 properry 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 opportuniry 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 whete it can be shown that established and proven engineering techniques related to a
specific site plan will make the atea suitable for the proposed development. (Note: This policy
does not apply to lands designated as significant wedands on the floodplain and wetlands map.):
a. Areas meeting the definition of wetlands undet chapter 18.26 of the Community Development
Code;
b. Areas having a severe soil etosion potential;
c. Areas subject to slumping, earth slides or movement;
d. Areas having slopes in excess of 25%; or
e. Areas having sevete 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 Eor 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 recendy shortened to 350-feet to avoid the floodplain.
3.2 Floodplains
3.2.1 The City shall prohibit any land fotm alteration.s ot 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 Elood 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 secrion of the code.
As discussed in this application report, the Development Code provides a mechanism for removing the
resources from the wedand 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 Whete land fotm alterarions and development are allowed within the 100-year floodplain*
outside the zero-foot rise tloodway*, the City Shall Require:
b. Engineered drawings and/or documentation showing that there will be no dettimental
upstteam or downstteam 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 faciliry (or bioswale) and energy dissipating rocked pads to prevent erosion at the
point of discharge.
3.2.5 The City shall requite the considerarion of dedicarion of all undeveloped land within the 100-
year floodplain plus sufficient 'open land for greenway purposes specifically identified for
recreation within the plan.
The properry already belongs to the City and/or has been dedicated as greenway,. This project will connect
the recendy constructed segm ent 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 Goa15, the following as areas of significant
environmental concern.
a. Significant wetlands;
b. Areas having educarional reseatch 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 oc animal species, or specific natutal features, valued for the need to protect
natural areas.
These areas have been designated and are identified as being within sensitive land areas, primarily wedand
and drainageways. The alternatives analysis states that the proposed alignment would impact the
Pinebrook Creek riparian corridor and wedands. Pinebrook Creek provides habitat for a variery of animals
that are stricdy 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 turdes. The presence of a completed road
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would introduce human activities that would have a disfurbance 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 wedand mitigation site and educational signs will be posted to request that the public avoid
disturbing the area in order to increas,e the wildlife habitat funcrion.
The Biological Assessment prepared by Fishman Eavironmental Services, includes a table (Table 1)
summarizing the federally listed threatened and endangered species, candidate species , and species of
concem potentially occurring in the Wall Street project area. Based on lists Erom 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, potendal enhancement and mitigation areas,
existing 6sh habitat conditions, and tour the site. In 2000, the Northwestern Pond Turde, a federal
Species of Concern (SOC) and a state critical (SC) species, was observed in the viciniry of the project site.
The Biological Assessment indicates the project site contains "patches of suitable turde habitat", however,
it goes on to state that turdes 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 turde barrier (of fencing or dense
shrubbery) along the new road. The assessment also indicates that the proposed wedand and vegetated
corridor mitigation will improve access and winter cover for turdes.
The recent redesign. of Phase 1 will reduce the unpacts 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 minunize the amount of vegetated corridor and wetland impact. Currendy, 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 mortaliry of a listed species is minimal with this project..Any direct effects would likely be transitory
and within the abiliry 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 wedand 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 Goa15 rule Requirements pertaining to the presetvation of wetlands once adequate
information on the location, quality, and quantity of wedand 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 recommendarions for the protection and preservarion of
those wetland areas designated as significant. The City shall complete its Goa15 review of
wetland areas before the City's next periodic review, but no later than Decembet 23,1996.
The inventory oE wedand areas designated as signif cant 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 Rivet as Gteenway, Which will be the backbone of the open space system. Where landfill
and/ot development are allowed within or adjacent to the 100-year floodplain, the City shall
requite the consideration of dedication of sufficient open land area for gteenway adjoining and
within the floodplain.
The property akeady belongs to the City and/or has been dedicated as greenway,. This project will connect
the recendy constructed segm ent of the Fanno Creek Trail on the library site with the existing segment of
trail along the east side of the Fanno Pointe Condos.
3.5.4 The City shall provide an interconnected pedesttian/bikepath throughout the City.
This roject will connect the recendy constructed segm ent of the Fanno Creek Trail on the library site
with t~e 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 Atea shall comply with applicable
Federal, State and Regional water qualiry standards, including those contained in the Clean Water
Setvices' Design and Construction Manual. (Rev. Ord. 02-15)
Compliance with these standards is assured through obtaining pernuts 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 distticts;
b. Work with the service districts to ptovide a coordinated system for providing services;
c. Provide urban services in accordance with the Comptehensive Plan to the extent of the City's
financial resources;
d. Use the capital improvements pfogram as a means for providing for otdetly 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 Ciry's Comprehensive Plan adopted by resolution 02-33 (effective on October 10, 2002). T'he 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 pte-condition to development that:
a. a site development study be submitted for development in areas subject to poor dtainage,
ground instability ot flooding which shows that the development is safe and will not cteate
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
solurions 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.
Currendy, 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 capaciry as the Hall Blvd culvert (to carry 25-yr tlows) 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 ot 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 15` Phase of the Wall Street extension. Drainage will be conveyed to a stormwater
treatment faciliry 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 transportarion facilities in a manner which enhances the livability
of Tigard by:
a. Proper location and design of ttansportation 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, secute 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 thtough
a neighborhood traffic program. The program should address corrective measures for existing
problems and assute that development incorpotates traffic calming.
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Not appiicable 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 motot vehicle, bicycle, pedestrian, ttansit 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 transportarion system by the development of street standards, access
management policies and speed controls when constructing streets and by maldng street
maintenance a priority and through a comprehensive program of engineering, education and
enforcement.
'I'hese standards are achieved through the requirements in Chapter 18.810 of the development code.
FINDING: Based on the analysis above, staff finds that tlie 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
Conservarion - protect beneficial uses and functional values of water quality and flood
management tesources by limiting uses in these ateas. Establish buffer zones around tesource
' areas to protect from new development.
As stated earlier in the review of applicable Development Code criteria, the Code allows for flexibiliry for
developments when they are adjacent to natural resource areas. This is in addidon 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 Tide 3. The proposed development, therefore, does not
conflict with Tide 3 requirements. '
Metro Functional Plan Title 6- Regional Accessibility (Regional Transpprtation Plan) - The
RTP provides a tegional plan for transportation improvements and tequires City's plans to be
consistent. The RTP also provides plans for Ttansit, TDM and pedestrian mobility. The RTP
teplaces Metro'Funcdonal 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
conrinuous 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 tegion.
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Title 13 is part of the regional approach to implement Statewide Planning Goal 5. As part of the proposed
project, wedands, 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 wedand inventory to remove
the protection to the wedands, 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 wedand 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 wedands) will create the capabiliry 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 Goall - Crtrzen Involvement.•
This goal oudines 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 18390. A notice was mailed to all properry 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
Comxnission 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 Ciry Council) at
which an opportunity for public input is provided.
Statewrde Planning Goal 2- Land Use Plannrng.•
This goal outlines the land use planning process and policy ftamework. 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 Goa15 Safe-harbor Rules consistent with Goals 2 and 5. The applicant's
plan provides analysis and polic.ies, with which to evaluate a request for amending the Code consistent with
Goa12. As discussed within this report, the proposed amendments comply with the Development Code and
Comprehensive Plan criteria.
Statewide Planning GoalS - Natucal Resources
Requites 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 wedand inventory to remove
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the protection to the wedands, and relocate the waterway. This is being done as a Comprehensive Plan
Amendment to remove the Goal 5 protections from the properry through preparation of an
Environmental, Social , Economic and Energy (ESEE) analysis. The review process also requires
compensatory mitigation and reestablishment of the wedand area. Once the new wedand 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 Goal6-Ait, Water and Land Resoutce Quallty,
This goal is intended to tegulate all waste and process discharges into the air, watet, ot lands of
the state. Waste and Process Discharges refers to solid waste, thetmal, noise, atmosphetic ot
water pollutants, contaminants, or ptoducts theteftom.
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 P/anniag Goa! 11- Public Facilities and Setvices ,
This goal is inteaded 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 - Transportatioa:
This goal is intended to provide and encourage a safe, convenient and economic transportarion
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 recendy 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 tlie 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 fmds that the proposed amendments do not violate
applicable Statewide Planning Goals. ,
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CPA2004-00001 /SLR2004-00003/SLR200Cr00001 /TRE200G-00001, 2, 3, 4, 5, 6, 7, 8& 9
State or Federal Regulations
Ocegon 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.
Federa! C/ean Watec Act, section 404
The clean water act is responsible for regulating impacts to wedands 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 wedand 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 Tigatd Atborist 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 wedands permit process and
submitted conditions of approval (Corps #200300137) wluch 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 wedands permit process
and submitted conditions of approval (DSL #31719-RF) wluch are included with this applicatiori.
Oregon Department of Fish and Wildlife, Department of Land Conservation and Development,
Department of Envitonmental Quality and Department of Transportation were given the
opportunity to review this proposal and submitted no comments or objections.
Clean Water Setvices 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 & Transpottation has reviewed the proposal and has
no objecnon to it.
Comcast Cable Corp, Portland General Electric and NW Natural Gas Company were given the
opportunity to review tlus proposal and submitted no comments or objections.
WALL STREET EXT'ENSION - STAFF REPORT TO'THE PLANNING COMIvIISSION 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 Sl"REET EXTENSION - S I'AFF REPORT TO THE PLr1NNING CONMSSION PAGE 30 OF 32
CPA2004-00001 /SLR2004-00003/SLR2006-00001 /TRE2006-00001, 2, 3, 4, 5, 6, 7, 8& 9
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' Exhibit C
tN
= MEMORANDUM
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 Coininission, 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
Cominission hearing, the applicant's repxesentative 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 Coinnussion on Apri13, 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 Accessibiliry Policy, formerly Tide 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
Tide 6 have been incorporated into Chapter 6 of the RTP.
j ,
` Exhibit D
GR
April 17, 2006
~
City of Tigazd
I Attention: Denver Igarta
13125 SW Hall Blvd
~ Tigard, OR 97223-8199
i
' ~ . Re: Wall St
project Number 2050046
a ~ g N Dear Denver:
P ~
M N
a g It is the project team's understanding that four letters have been submitxed to date regarding
o ~ the Wall Street Extension project (CPA 2004-0001 / SLR 2004-00003/SLR 2006-00001/TRE
~ w 2006-00001 - 00009). These letters are from The Biodiversity Project of Tigard, John
a o : F~wing, Leander Clifford, and Pamela Sigler. The letters identify similaz areas of concem. ,
° Y As such, the following addresses the letters by grouping similaz amas of concem and
M u ~ providing a response to each.
o a ,
o ; i I.and Use Application Prooess: Per the application narrative and the staff report, this
application includes a Comprehensive Plan Amendment to remove Goa15 protection from the
a
- $ ! wettands impacted by the roadway improvements. A Sensiiive Lands Review is required for
~ o 'impacts to the wedands and drainageways and the proposed reconfiguration of the Finebrook
Creek and to approve the mitigation proposed for these impacts. Tree Removal pernnits are
m N required for the removal of trees within the Sensitive Land Area. The Comprehensive Plan
y o , Amendment is a Type IlI-PC process, per Section 18.380.030 of the Code. As all of the
CD m ' applications have been submitted concurrently, the applications are etevated to the Type I
° " process. No Conditional Uses are requested with this application.
---.------i Authorizarion fcnm all property owners was obtained, and conf'umed, as part of the submittal
Group j process. Federal Insurance Administration notification will occur after the appropriate City
approvals have been obtained.
Incotporatad I ;
Ar[hitecture ` I WaH St Phase Clarification: The land use applications define Phase I of Wall Street as the '"fe"°`g I± extension from Hall Blvd to 360 ft to the easL As no other portion of Walt Street exists at this
C an d Use P fanninq time, the Phase I title is appropriate. However, in regards to the City's Capital Improvement
Groap Program, and the planned oonstrucrion, the City's engineering department rided the signal
Mackeasie i improvements previously completed as Phase L As such, with the conswction documents for
Engineering, ; this Wall St extension it may be titled Phase Ib and/or Phase H. Re ardless, only 360 ft of
incorporated + g
Wall St is proposed at this 6me. Engineering
Transportation Sensitive Lands :
; t Planning ~
■
Locatioaa: 18.385.040: This application includes a Comprehensive Flan Amendment to remove the
Pontand, Oregon Sensitive I.ands designatiott from the wedands and other sensitive lands u+ithin the road
Seanle, Washingcon
~
Vancouvoi, Washington H:\PROJECI'512050046001WP1LTR106417City.doc
i,
City of Tigard •
Wall St
Project Number 2050046
, April 17, 2006
Page 2
alignmenL Wiih the approval of this application, the Wefland and Stream Carridor map
will be modified.
■ 18.775.020C.2: Section 775.020 concerns the applicability of uses requiring a Sensidve
Lands Permit- The roadway is not located within the floodplain; however the proposal
includes placing limited fill, road improvements, and udlities within a weiland azea and a
naWrat drainageway. In addition, wetland mitigation, including creation and
' enhancement is located within the floodplain. Per subsection 020C.2, stream resWration
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 dedicadon 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 ext,ension
does not involve grading in the 100-year floodplain for the proposed roadway. Excavation is
, proposed in the 100-yeaz floodplain to conduct the wetland midgation activifles. 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
engincering" refers to the fact that au SWCA biologist will be present in the field during the
excavation of the new stream channel to connect Pinebrook Creek to Fanno Creek in ordea to
minunize impacts to existing natural resources in the mitigation area.
Wetland Assessment: Wetland delineations for the Wall Street extension project area were
conducted by severai consultants in 2002 and 2003. These wefland delineations were
submitted to the Oregon Depar4ment of State Lands (DSL) for review and approval, and DSL
issued concurrence letters far the wetland delineations within the project area.'Ilie calculation
' of proposed wetland "unpacts 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 corridar. No loss of wetland is
; proposed in these areas.
~
; Pemut 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 pennit was
; issued on March 8, 2006, and the modified DSL pernut 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
i
' H:IPROJECI'S1205004G001Wp1L.TR\064170ty.doc '
i
City of Tigazd
wall sc .
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 wa11 along ihe
downstream edge of the Fanno Pointe access Mr. Frewing states. This revision included a
retaining wall, which keeps the road construcdon 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 acxess as Mr. Frewing states. In addition, a curfi-tight sidewallc design
was utilized to eliminate the plan6ng 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 dght 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 fiuther than the vegetated corridar averaging process allows,
the applicant was reyuired to complete Clean Water Services' Tie,r 2 altematives 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. Aocordingly, 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 lisied
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 Greek
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 whi.2e all the irees proposed for remova] are listed in the application, a
Tree Removal permit is only required for the nine trees within the Sensitive Land Area. In
addidon, as mitigation for the trces removed, the project include the planting of 336 caliper
inches of trws, which is 369% of the required mitigadon of 91 inches.
Removal of the 2 deodora cedars is necessary to conduct the wetland midgation activiries
~ including relocating Pinebrook Creek and creating shr.am-associated weflands. The wetland
• buffer adjacent to the relocated Pinebrook Creek and wedands will be planted with hundreds
of native trees and shrubs as part of the midgation plan.
x:NexoJECTSUos004600\wpu.rxxu064i 7city.aoe
,
City of Tigard
Wall St
Project Number 2050046
April 17, 2006
Page 4
Irapact Study - The impact study and ESEE analysis considered nine altemadve alignments
for Wall Street and evaluated the elements required by the City code. See Exlu`bit 6 and 7.
Traffic Analysis and Inapacts - The DKS traffic study was reviewed and found accepiable
by the City of Tigard Engineering Departinent
Fire 1'ruck Aocess - As shown on the plans, fire huck access to dhe Library and to the Fanno
' Pointe Condominiums will be via Wall Si; diir,ct 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 leiters. If you have any yuesdons 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
x:~rxat~cr.~2osooa6oa~wPV..Txx~ai~c,cy.ao~
~
Agenda Item No. E. =
For Agenda of
Tigard City Council Meeting Minutes
Date: May 9, 2006
Time: 6:31 p.m.
Place: Tigard City Hall, 13125 SW Hall Boulevaxd
Tigard, Oregon
Attending: Mayor Craig Dirksen Presiding
Councilor Sally Harding
' Councilor Sydney Sherwood
Councilor Nick Wilson
Absent: Councilor Tom Woodruff
enda Item Discussion & Comments Action Items follow u
Study Session Mayor Dirksen called the meeting to order at 6:31
p.m.
The City Managex performance xeview was
, rescheduled to the study session of June 13, 2006 in
Executive Session.
Review and discuss entry sign: Assistant to the City
Manager Newton reviewed the concept drawings
with the Council. Council noted preference fox
wood or stone materials. Council members
1 discussed ideas including the following:
> Suggestion for plantings axound sign -
trees could appear at the back of the sign and small
shrubs at the front.
> The sign scale should be in proportion to the site.
> Staff will prepare another rendition of the
drawings fox Council review.
> The Council noted a preference for traditional
elements in the sign with some modern touches;
' should not be construed as "old-fashioned."
> Both sides of the sign should be readable with
contYast in the letters and backgtound.
> The Mayor noted his preference for river stone.
> There was some discussion that the signage did
not necessaYily have to be the same as what is placed
in the downtown.
> Councilor Wilson noted there was a need to set
Tigard Ciry Council Meeting Minutes
May 9, 2006 Page 1
enda Item Discussion & Comments Action Items follow u
the tone.
, Council reviewed a map of potential gateway
locations and for a location near a freeway entrance.
There was discussion about placing a smaller version
of the entrance signs for parks. The Mayor
suggested some type of archway over a pedestrian
path.
Council members reviewed lettexhead examples
presented by Assistant to the City Manager Newton.
Council membexs selected the pxeferred illustration.
Assistant to the City Manager Newton will proceed
with the Council's pxeferred option.
Staff Repoxt on House Interim Comnuttee on Land
Use meeting. Staff pxesenter: Interim Community
Development Director Coffee.
The Comxnittee met on Apri126, 2006. Mr. Coffee
advised that Lisa Hamilton-Treick and a
. xepxesentative from the League of Oregon Cities
gave a report. The League of Oxegon Cities'
PowerPoint presentation is included in the meeting
matexials on file in the Ciry Recorder's Office.
Representatives Krummel and Galizio wexe present
at the Apri126 meeting. The Committee took
testimony from about 10-12 people speaking about
annexation. Gretchen Buehner from the city of
Tigaxd also submitted a letter to the group for their
review. The Committee will be woxking in the next
six months to draft annexation legislation
xecommendations.
There was discussion about a recent meeting hosted
by Metro with regard to the potential incorporation
of a city on Bull Mountain. City Manager Prosser
reported that he attended the meeting and when he
suggested that the City would be reviewing the
impact on Tigard, xepresentatives from the Bull
Mountain group indicated that they did not believe
. that inefficient services would be a valid concern.
Essentially, they stated that they thought the only
thing that should be of consideration is what the
voters want.
Tigard Ciry Council Meeting Minutes
May 9, 2006 Page 2
enda Item Discussion & Comments Action Items follow u
There was further discussion about Metro
requirements with regard to quality of life and land
use issues. Councilor Haxding noted that the
Tualatin Basin Natuxal Resources Coordinating
Group wants to support down-zoning. Staff will
monitor the legislative activity on this matter.
The Mayor questioned whether there would be a
' need to mount an aggressive defense with regard to
cuttailing the city's abilities to annex. He suggested
a letter be dtafted to cities to determine the level of
support regarding Tigard's concerns about this issue.
. Councilor Harding suggested the approach should
be to determine whether other cities are concerned
about annexation issues. Councilor Wilson
questioned how much energy should be expended
on this mattex and noted that it might be worthwhile
extricating the City of Tigard from extra-territorial
responsibilities, including water. Councilor
Shenvood noted her agreement with Councilor
Wilson's proposal. Councilor Haxding urged that
the Council keep an open mind to determine what is
driving the pxoblems. She expressed her desixe to
improve the quality of life. She noted that the issue
of annexation among the unincorporated area does
not appear to be monetary. Councilor Shexwood
said that it appears that the County is willing to
again provide uxban services. Mayor Dirksen
' suggested that the City of Tigard look into finalizing
their boundaries. Councilor Wilson said he was not
suggesting that the City be silent on the matter, but
rather, be focused on things that will move us
forward. He did not disagree that a letter could be
sent to other cities to determine their level of
concern and support for this.matter. Council
consensus was that a lettex be written to other cities
on the approach to the annexation issue and
potential legislation.
It was noted that next week's meeting, May 16, will
start at 6 p.m. with an Executive Session.
City Manager Prossex noted there appears to be some
overlap with regard to the Citizen Leadexship
Pro am that is oin to be s onsored b the
Tigard City Council Meeting Minutes
May. 9, 2006 Page 3
enda Item Discussion & Comments Action Items follow u
Chamber of Comxnerce and had been presented by
the City of Tigard last year. The City has contributed
$5,000 to the Chamber's Leadership Program and it
appears they will be asking the City staff to present
information to participants. Council consensus was
to coordinate with the Chamber in their leadership
seminar as a pilot program for this next yeaY to help it
succeed.
Council was reminded that the 5`h Tuesday Meeting is
scheduled for May 30, from 7-9 p.m. in the Tigard
Watex Auditorium. Consensus of the Council was that
a staff person should be pYesent to take notes and that
, Stacie Yost be thete to facilitate the meeting.
The Tigard City Council went into Executive Session
at 7:18 p.m. to discuss exempt public records under
ORS 192.660(2)(0.
The Council was out of Executive Session at 7:32
p.m.
Business 1.1 Mayor Dirksen called the City Council and the
Meeting Local Contract Review Boaxd to Order at 7:38
p.m.
12 Council Ptesent: Mayor Dirksen, Councilors
Harding, Shenvood, and Wilson.
13 Pledge of Allegiance
1.4 Council Communications & Liaison Reports:
. Councilor Harding updated City Council on the
activity of the Tualatin Basin Natural Resources
(I'BNRC) Yegatding Tide 13 and the Coinmittees
support for habitat fxiendly, low-impact pxovisions in
Comprehensive Plans for development with the
Basin.
Councilor Harding updated City Council on activity
of the Washington County Cooxdinating Committee.
She reported that there are new xestrictions on dollaxs
available for pedestrian and bicycle paths. She also
advised that the STIP project list has been narrowed.
Tigard City Council Meeting Minutes
May 9, 2006 Page 4
enda Item Discussion & Comments Action Items follow u
1.5 Call to Council and Staff for Non-Agenda
Items: None
2. Proclai.m The Mayor proclaimed that Emergency Medical
Emexgency Services Week was May 14-20, 2006.
Medical Representatives from Metro West, Justin Gold and
Services Week Tarr Karasotias, presented the Council with a plaque
and invited them to a barbecue on May 18 at the
. Metro West Offices in Hillsboro.
3. Citizen 3.1 Citizen Communication: There was none.
Communication
3.2 Tigard High School envoy Krista Foltz gave a
report on the activities at Tigaxd High School. A
copy of the highlights of her presentation is on file
in the City Recorder's Office.
Motion by Mayor Dirksen,
Mayor Dirksen noted that this would be the last seconded by Councilor
meeting for Krista Foltz to present her report on Wilson, to adopt Resolution
the Tigard High School student activities to the No. 06-25.
Council. The Council had before it a Resolution for
. consideration to acknowledge the work done by Ms. The motion was adopted by
Foltz this past year in her xole as the student envoy. a unanunous vote of Council
present.
KESOLUTION NO 06-25 - A RESOLUTION
ACKNOIYrLEDGING .f1ND COMMENDING Mayor Dirksen Yes
KRISTA FOLTZ FOK HEB EFFOKTS AS THE Councilor Harding Yes
. TIGAK.D HIGH SCHOOL STUDENT ENVOY Councilor Sherwood Yes
TO THE CITY OF TIGABD. Councilor Wilson Yes
4. Consent 4.1 Appxove Council Minutes for March 28, Apxi14, Motion by Councilor
Agenda 11, and 18, 2006 Sherwood, seconded by
Councilor Wilson, to
4.2 Receive and File: approve the consent agenda
a. C ouncil Calendar as presented.
b. Tentative Agenda
The motion was approved
4.3 Approve Budget Amendment No. 12 to the FY by a unanimous vote of
2005-06 Budget to Increase Appropriations in Council present.
the Mayor and Council Budget for Funding of Mayor Dirksen Yes
. Expenditures for Family Week and Additional Councilor Harding Yes
Travel and Trauung - Resolution No. 06-26 Councilor Sherwood Yes
Councilor Wilson Yes
Tigard City Council Meeting Minutes
May 9, 2006 Page 5
enda Item Discussion & Comments Action Items follow u
KESOLUTION NO 06-26 - A BESOLUT70N
• API'BOVING B UDGET AMENDMENT #>2 TO
THE .FY 2005-06 B UDGET TO INCBEASE
.APPBOPBI4770NS IN THE MAYOB AND
CO UNCIL B UDGET FOK FUNDING OF
EXPENDITUBES FOB FAMILY WEFK AND
ADDITIONAL TKAVEL AND TBAINING.
4.4 Appoint Patrick Harbison to the Planning
CoiYUnission to Fill the Unexpired Term of Formex
Coinmissioner William Haack - Resolution No. 06-27
RESOLUTTON NO 06-27 - A RESOLUTION
APPOINTING PATKICK HAKBISON TO THE
PLf1NNING COMMISSION TO FILL THE
• UNEXPIBED TEKM OF FOKMEB
COMMISSIONER WILLIAM HAACK
5. Youth Staff PYesenter: Assistant to the City Manager
Advisory Newton
Council Update
Youth Advisory Council Members Present:
Alexander Caxsh and Sidney Tan.
Mx. Carsh and Ms. Tan reported to the Council on
activities of the Youth Advisory Council. The
Council sponsored a Youth Summit, "Get a Voice,
Be Heard," which was held on Maxch 16 at Twality
Middle School. Speakers presented information on
subjects such as leadership, drug abuse, time and
stress management, pexsonal achievement,
selecting/preparing for college, signs of depression,
peex court, nutrition and wellness. Plans are
undenvay for a 2007 Youth Suminit.
The Youth Advisory Council is also working on a
promotional video and a cable show. The Youth
Advisory Council has a website: www.twac.info that
is regulaxly updated. The Council is going to
sponsor a movie night as part of Family Week.
Mayor Dirksen commented that the Youth S»mmit
was well organized and he urged youth to attend as
there was xoom for more participants. Councilor
Sherwood added that she has worked with the outh
Tigard City Council Meeting Minutes
May 9, 2006 Page 6
enda Item Discussion & Comments Action Items follow u
fxom the Council at the homeless shelter and
appreciated their contributions.
6. Public Public Hearing - (QuasiJudicial) Compxehensive Motion by Councilor Wilson,
Hearing - Plan Amendment (CPA2004-00001 /Sensitive Lands seconded by Councilox
(Quasi Judicial) Review (SLR) 2004-00003 & 2006- 00001 /Tree Shenvood, to adopt
Compxehensive Removal (TRE) 2006-00001-2006-00009-SW Wall Ordinance No. 06-05, as
Plan Street Extension amended. (Amendment was
Amendment City Attorney Firestone reviewed the quasi-judicial to Sections 4 and 5; see
(CPA2004- procedures for the hearing. A copy of the written description below on Pages
0001 /Sensitive format followed by Attorney Firestone is on file in 10 and 11 of May 9, 2006,
Lands Review the City Recorder s Office. City Council meeting
(SLR) 2004- minutes.)
00003 & 2006- Mayor Dixksen opened the Public Hearing.
00001 /Tree Aftex the number and tide of
Removal (TRE) Declarations or Challenges: In response to the the ordinance was read by the
2006-00001- question as to whether any members of the Council City RecordeY, Mayox Dirksen
2006-00009-SW wished to report ex parte contact ox information commented on that part of
Wall Street gathexed outside the hearing, including site visits, the title mentioning the
Extension there was a comment that Council members should removal of protection to
ixnpart any informarion that they noriced in theit wetlands. He noted that the
visits to the Library. All Council members were final outcome to this will be
familiar with the application. the enhancement of the
wetlands and an incxease in
• There were no challenges from the audience acteage to wedands in the
pertauung to the Council's jurisdiction to hear the area.
matter, nor was there a challenge on the
participation of any Council member. The motion was approved by
a majoxiry vote of Council
Associate Planner Igarta presented the staff report present.
and the PowerPoint pxesentation reviewed by him is
on file in the City Recordex's Office. Mayox Dirksen Yes ,
Councilor Harding No
The following maps wexe on display and referxed to Councilor Shenvood Yes
by staff and participants in the hearing: Councilor Wilson Yes
Exhibit 1- Wall Street Comp Plan Amendment
Exhibit 2- A map marked with the letter "A"
• Exhibit 3- A map maxked with the letter "B"
A map marked with the letter "C" - Wall Street:
Extension Street and Utilities Impxovement
A map marked with the letter "D" - Wall Street
Extension Stteet and Utilities Impxovements
Tigard City Council Meeting Minutes
May 9, 2006 Page 7
enda Item Discussion & Comments Action Items follow u
construct the Tigaxd Public Library.
• • To meet Oregon Department of Transportation
(ODO"I) access management and Tigard
Development Code minimum access spacing
' requirements, it was agreed to provide joint
access to both sites. ODOT authorized
temporary access onto Hall Boulevaxd.
• Required perxnits were reviewed inclucling a
Sensitive Lands Permit, Tree Removal Pexmit as
well as Txee Mitigation requirements.
• A Comprehensive Plan Amendment was
required for the pxoposed impacts to significant
wetlands identified on the City of Tigard's
wedand and stream corridor map undex the
requirements of statewide Planning Goa15.
' • The applicant also submitted permits from Clean
Water Services for encroachment into the
designated vegetative corridor; the Department
of State Lands, and the US Army Corps of
Engineers for proposed xemoval and fill of
materials from wedand ateas.
' • The review criteria to be considered includes any
applicable provisions of the City's implementing
ordinances; any applicable Compxehensive Plan
Policies; any applicable Metro regulations; any
applicable Statewide Planning Goals and
Guidelines; and any applicable Federal and State
regulations.
• All criteria are listed in the staff report.
• Key finclings included:
o The applicant has made a number of
adjustments to minimi7e intrusion into the
sensitive lands areas, including selecting an
aligruizent based on an alternative analysis of
nine options to minimi7e impacts and to allow
' for mitigation opportunities.
o In fall 2005, a redesign fox aligmnent was
performed to mitigate for sensitive lands. As
a result, the length of the roadway was
reduced from 425 feet to 360 feet to avoid the
100-year floodplain. Wetland impacts were
' reduced .25 acre to .11 acre. Riparian corridor
impacts wexe reduced from .56 acxe to .42
acxe.
o Mitigation opportunities were outlined for
wedand creation, enhancement, and
Tigard City Council Meeting Minutes
May 9, 2006 Page 9
enda Item Discussion & Comments Action Items follow u
Yestoration. Newly created and YestoYed
wetland and riparian resources will be added
to the inventory of locally significant sites.
The existing Pinebrook Creek channel will be
replaced with a reconstructed channel that will
follow a historic stream alignment that will
eliminate negative impacts fxom downstteam
hydrology and water quality from past
modifications to the stream from its natural
state. Reconfigutation and installation of new
culvert will allow for passage in Pinebrook
Cxeek. Tree mitigation will tota1336 calipet
' inches, which is 369 peYCent greater than the
91 caliper inches required for mitigation.
• Staff finds that the proposed Wall Street
Extension meets applicable review critexia and
sufficient evidence has been pxesented to justify
proposed impacts to sensitive lands, tree
removal, and to the requested Comprehensive
Plan Amendment.
• Staff reconvnends that the Ciry Council approve
the proposed Wall Street Extension subject to
the conditions stated in the Staff Report.
• An ordinance was pxepared for the City Council's
consideration. A revised draft oxdinance was
distributed to add two paragraphs. The
following paYagraphs were added (Sections 4 and
5):
o Section 4- The Tigard City Council adopt.r the City
of Tigard'.r .rtaff report dated April 3, 2006, and the
addendum to the .rtaff report dated April 25, 2006,
and the letter prepared by Group MacKen#e dated
April 97, 2006, in re.+~ionse to .rubmitted public
c•omment.c a.r finding.r in .cupport of this deci.rion.
Copie.c are attached hereto a.r Exhibit B, Exhibit C,
and Exhibit D, re.+ectively and are incorporated
herein by reference.
(All of the Exhibits referred to in Section 4
were included in the City Council meeting
packet and no changes were made to those
documents.)
o Section 5- The Tigard City Council adopt.r the
Condition,r o A roval a.r .rtated on Pa e 2 o the
Tigard City Council Meeting Minutes
May 9, 2006 Page 10
enda Item Discussion & Comments Action Items follow u
A copy of the staff report and information
submitted to the City Council members for their
review is on file in the City Recorder s Office. This
information includes the following:
Attachment 1: Ordinance Approving Sensitive
Lands Review SLR2004-00003 and SLR2006-00001,
Tree Removal TRE2006-00001 thtough 2006-
00009, Compxehensive Plan Amendment CPA2004-
0001 to remove Goa15 Protection from the
Resoutces to be Impacted by Construction of the
' SW Wall Street Extension and to add Newly Cxeated
and Restored Wetland and Riparian Resources to
the Inventory of Locally Significant Sites.
Attachment 2: Staff Report
Attachment 3: Addendum to the Staff Repoxt
Attachment 4: Letters of Public Comments
' Attachment 5: Responses to Public Comments
Attachment 6: Planning Cointnission Hearing
Minutes
Associate Planner Igarta pxesented the staff report
for the proposed extension of SW Wall Street. Key
points were:
• City Engineer Department requested concuxrent
review of the Comprehensive Plan Amendment,
Sensitive Lands Review, and Tree Pernuts, to
construct Phase One of this project.
• On April 30, the Planning Commission held a
public hearing considering this proposal and
voted unanimously to xecommend approval to
the City Council.
• The City Council will make the final decision on
whether to approve the proposal.
• Project location was described.
• The proposed roadway length is 360 feet, with a
72-foot right-of-way width.
• The primary purpose of the project is to pxovide
joint access for the Library and the Fanno Pointe
Condominiums and then xemoving two interim
driveways now being used fox both of these sites.
• In January 2003 a pYivate developer received
approval to construct the Fanno Pointe
Condonuniums.
• In A ri12003 the Ci received a roval to
Tigard City Council Meeting Minutes
May 9, 2006 Page 8
enda Item Discussion & Comments Action Items follow u
City of Tigard StaKeport dated April 3, 2006. A
copy is attached hereto a.r Exhibit B and incorporated
herein by reference.
Public Testimony:
Mayor Dirksen reviewed the order in which
testimony would be taken: applicant, proponents,
. opponents, and rebuttal. Once the City Council has
heard all of the testimony and the City Council has
had an opportunity to ask questions, then the staff
will give their recommendation. The Mayor said he
would then close the public heaxing.
. Mayor Dirksen noted that no one had signed in to
speak for or against the proposal. However, he said
they would begin the testimony by receiving the
applicants' comments and then the Mayor will ask if
there axe individuals present who would like to
speak.
Applicant:
o Geraldine Moyle, Land Use Planner with
Group Mackenzie, 0690 SW Bancroft,
Pordand, Oregon 97214, advised the DeHaas
Engineering, SWCA Environmental
Consultants, and Group MacKenzie are the
. consultant team hired by the City of Tigard's
Engineering Department to design this project.
They have worked with the staff and public the
past few years to resolve issues. Highlights of
Ms. Moyle's remarks are as follows:
. Wall Street is on the Transportation System
Plan and is identified in the TSP to extend
from Hall Boulevaxd to Hunziker Street.
The portion of the street that is before the
Ciry Council at this time is Wall Street from
Hall Boulevard extending to the east 360
feet. This 360 feet is contained in the Capital
Improvement Program (aka Community
Investment Program) and it is anticipated,
upon apptoval, to be uutiated with
construction.
Tigard Ciry Council Meeting Minutes
May 9, 2006 Page 11
• enda Item Discussion & Comments Action Items follow u
This portion of Wall Street will provide
access to the Libtary and to the Fanno
Pointe Condominiums. Both of these
propexties have temporary access along Hall
Boulevard; that access was granted by
• ODOT with the understanding that
permanent access to the Library and
Condominiums would be provided with the
Wall Street Extension.
The Extension was reduced to 360 feet,
which is the minimum distance needed to
pYOVide access and to meet the stacking
distance Yequirements and turning radius for
people making left turns off of Wall Street to
Hall Boulevard.
The consultants worked with Ciry staff to
respond to public comments and at this
• time, the consultants have no issues with any
of the conditions of approval.
Marlin DeHaas of DeHaas and Associates
presented information about the street
design. Ciry of Tigard retained this firm in
• 2002 to assist with the engineering of the
connection of Wall Stteet from Hall
Boulevard to Hunziker for a local
improvement district. Because of difficulties
including rimuig and gaining approval for
crossing of two railroads tracks between
Fanno Pointe and Hunziker, the Ciry
decided to build only a portion, 360 feet, of
Wall Street. Mr. DeHaas referred to the
maps noted as Exhibits and clarified that
north is always "up."
Mr. DeHaas noted paxt of the project was
the signalization of the intersection at Hall
• Boulevard and Wall Street. Because of the
safety issues at the Library and all of the
traffic, the light has been installed.
The current street alignment was selected
fxom nine alternatives for the route from
• Hall Boulevaxd to Hunziker Street. The
Tigard City Council Meeting Minutes
May 9, 2006 Page 12
enda Item Discussion & Comments Action Items follow u
selected alignment best addressed
environxnental issues and satisfied the
Department of State Lands, Corps of
Engineers, Oregon Department of Fish &
Wildlife, and Clean Water Services.
' Wall Street is a minor collector street with
two ttavel lanes, a center left-turn median,
two two-foot bike lanes, two five-foot
plantex strips, six-foot sidewalks, and public
utility easements (power, cable television,
gas, telephone) on both sides of the street.
Mt. DeHaas said the purpose of this section
of Wall Street is to remove the direct
accesses onto Hall Boulevard. Those
accesses would be relocated to the east end
of this section of the street, opposite each
othex as shown in Exhibit A(map).
A major issue was the realigninent and
restoration of the Pinebxook Cxeek to its
historic channel. Mr. DeHaas described the
activities that would need to take place to
realign the creek, including construction of a
fish-friendly culvert.
Mr. DeHaas introduced Stacy Benjamin,
Wetland Ecologist fxom SWCA
Environmental Consultants, 434 NW Sixth
Avenue, Suite 304, Pordand, OR 97209.
Ms. Benjamin has been working for the City
since 2003 to obtain the wedand removal
and fill permits from the Department of
State Lands and the Corps of Engineers as
well as the service-provider letter from Clean
Water Services. This project proposed .011
of an acre of impact to Pinebrook Creek and
associated wetlands. The proposed
mitigation plan calls for relocating
Pinebrook Creek slightly south of its existing
location and connecting it to Fanno Creek.
Ms. Benjamin xeferred to Exhibit A(map)
and described the area, including the
proposed relocation of the creek. Mitigation
also includes creation and enhancement of
Tigard City Council Meeting Minutes May 9, 2006 Page 13
enda Item Discussion & Comments Action Items follow u
stream-associated wetlands. Ms. Benjamin
referred to Exhibit D(map) and described
ponds to be enhanced and the wedands to
be created and restoxed. There will be more
than one-half acre of wetland mitigation for
the .011 of an acxe that will be impacted.
Ms. Benjamin said that the existing
condition of Pinebrook Creek and its wedand have been extensively modified
. from its historic condition fxom its prior
land use on the site including two online
ponds. The creek's hydrology was altered
and its connection to Fanno Creek had been
cut of£ This connection will be restored
through an historic channel that had dried
up. Fish passage can occur during high
flows from Fanno Creek into Pinebrook
Creek fox cutthroat ttout and steelhead.
Invasive species of vegetation will be
removed from the wetlands. The divexsity
of native trees and shrubs will be increased
to unprove wildlife habitat in the long term.
Ms. Benjamin said there is approximately
200 feet of stxeam channel that would be
filled with 550 feet of new stream channel
created. She xeferred to the fish-friendly
culvert to be installed under the Fanno
. Pointe access as paxt of the improvements
for fish habitat.
Ms. Benjamin noted there is some impact to
sensitive lands and she refexred to Exhibit C
(map) to descxibe. There axe nine viable
trees greater than 12 inches in diametex that
will xemoved. The xequited mitigation
would be to plant 91 caliper inches; they
proposed to plant 336 caliper inches. The
area whexe the new plantings will occur is
considered a vegetative coxridor by Clean
Water Services. The 241 trees to be planted
will be native trees. They also plan to plant
approximately 1200 native shrubs
throu hout the axea. She said these would
Tigard City Council Meeting Minutes
May 9, 2006 Page 14
enda Item Discussion & Comments Action Items follow u
. be a huge increase in impxovement to the
wildlife habitat as a result of this project.
In response to Councilox Wilson who asked
if Pinebrook Creek was large enough to
support cutthroat trout, Ms. Benjamin said it
was, but during the high flows only.
Councilor Wilson said in previous hearings
that people have testified that there are
western pond turdes in the area and he
. asked Ms. Benjamin to comment. Ms.
Benjamin said their wildlife biologist talk to
some people to get their observations.
There have been observations in the general
area of City Hall and north of Fanno Creek.
The pond that is to be revised along
, Pinebrook CYeek is not good turtle habitat
according to their wildlife biologist. There
are some better ponds to the north of Fanno
Creek (and north of the Library site) where
there are cooler, more shaded, and deeper
ponds that have some beneficial in-water
structures such as logs.
The ponds were man-made and Ms.
Benjamin advised they had seen aerial
photos dating back to the 1930's. It looked
as if between 1930's to 1950's, two ponds
were created by pushing up berms and
putting in concrete at the downstream end.
. The ponds are not natural features and they
do heat up in the summer. When the watex
eventually makes its way to Fanno Creek, it
cxeates thermal pollution. The ponds will be
retained as seasonal ponds but would dry up
in the sLUnmex, which would be beneficial
, for the area.
At the request of MayoY Dirksen, Ms.
Benjamin refexred to a map and described
the point at which Pinebrook Creek would
go into Fanno Creek when reconfigured.
In xesponse to a question from Mayor
Dirksen, Ms. Benjamin ointed to a ma
Tigard City Council Meeting Minutes
May 9, 2006 Page 15
enda Item Discussion & Comments Action Items follow u
whexe two large cedars were located that
would need to be removed. The area will be
• regraded to xecreate the stream channel
making it necessary to remove the two trees.
In the long term, much more tree cover and
divexsity will be pxovided than what is now
there. In response to a question whether
there was any possibility of reconfiguring the
. project to save the trees, Ms. Benjamin
advised they were constrained because of fill
slope and the location of Fanno Pointe
Condominiuxns. If the trees were to be
saved, then they could not cYeate a
functioning stream.
Mayor Dirksen asked about the original
length of the street, which was to be 425 feet
and then reduced to 360 feet. Mr. DeHaas
confirmed that the street was originally 425
feet, but it was shortened so no fill would be
constructed in the 100-year flood plain.
• Mayox Dirksen asked when the new
entrance to the condominiums is put in, will
the existing entrance onto Hall Boulevard
still exist? Mr. DeHaas said that the existing
entrance will be removed and landscaped
similar to the frontage that is now there.
• There is turn around capacity for emergency
vehicles, so the existing entrance will not be
needed for emergencies.
Councilor Harding referenced a citizen
comment contained in the written matexials
before the City Council noting that
excavation appears to be called for in the
100-year floodplain while at the same time
stating that development within the 100-year
floodplain has been avoided. Councilor
Harding said the floodplain map was
updated xecendy with new information
released to local jurisdictions and she asked
• which maps wexe used for this project. Mr.
DeHaas said he believed they had the latest
infoxmation on the floodplain and they
determined the flood lain in the area as
Tigard City Council Meeting Minutes
May 9, 2006 Page 16
enda Item Discussion & Comments Action Items follow u
141.4 elevation. Mr. DeHaas said there
would be some minimal grading involved
with the relocation of the stream, but there
will be no roadway fill in the floodplain. In
response to a question from Mayor Dirksen
regarciing whether the gtading that will take
place in the floodplain is to xecreate the old
. streambed and for wedand mitigation, Mr.
DeHaas said that was corxect.
Councilor Harding teferred to written
testimony stating that a pond is not shown
on the map. Ms. Benjamin said she believed
this comment had been discussed at the
Planning Commission meeting. The
infoxmation Ms. Benjamin and her
colleagues used to determine wedand
unpacts was based on thxee wetland
delineations conducted by various
consultants that were all concurred with by
the Department of State Lands. Since that
time, the Library has been constructed and
theYe has been temporary destruction to
some of the hydtology due to the outfall
from the Library. She said she thought there
was some seasonal ponding on the site,
which is the typical condition. There are no
• new wetlands that she is awaxe of that would
be impacted.
Councilor Harding referred to written
testimony fxom a citizen stating that the
DKS traffic study does not appeax to include
traffic from Fanno Pointe Condominiums in
the Hall/Wall intersection analysis. Recent
traffic counts at the Hall/Wall intersection
find that the DKS study ovexestimated the
traffic going to and from the Libxary by
more than 171%, 192%, 167% and 232% •
respectively for each of the turn lanes
considered in the study..." She asked for
the consultant to comment on this as this
street will not likely be extended soon and
. asked fox justification for this size of road.
Ms. Moyle responded that the DKS study
referenced included additional anal sis b
Tigard City Council Meeting Minutes
May 9, 2006 Page 17
enda Item Discussion & Comments Action Items follow u
DKS to determine the length needed for the
road. She xeferred to information included
in the application package that the 360 feet
is what is needed to accommodate stacking
distance. This included an analysis that was
done at the time of the Library; there has
been some traffic occurring since then. The
study determined that the length was the
ininunum needed; it could not be any
shorter and still accommodate the stacking
needed at the signal. Councilor Harding
noted that it seemed a little bit like "overkill"
' without any immediate plans to do any kind
of extension. She added she did not know if
the full width needs to be constructed,
adding costs and maintenance for the lowex
volume of traffic that will occux at this time.
Mayor Dixksen commented that he didn't
' see how making the road narrowex would be
an unprovement. Ms. Moyle advised that
the sidewalks and bike paths connect to the
Fanno Creek Trail, which pxovides a
connection fox recreational users. She
xeiterated the width would accommodate
two travel lanes and a turn lane and was the
nununum needed to meet the City standaxd.
They did ask for modification on the
landscaping to reduce width to avoid
additional impact to the wetlands.
Councilor Harding asked about the nine
designs reviewed and how much more
' significant would the impact have been on
the eight designs as opposed the design
selected. Mx. DeHaas responded that the
main factors leading to the selection of the
proposed design included less impact to
wedands, and fox the futuxe alignment and
' crossing to connect to Hunziker Street. One
of the aligninents cYOSSed Fanno Creek three
times. The aligmnent was moved a number
of times to find the best aligmnent. Mayor
Dirksen recalled reviewing (sevexal months
ago) some alignment options for this project
during a City Council study session meeting.
Tigard Ciry Council Meeting Minutes
May 9, 2006 Page 18
enda Item Discussion & Comments Action Items follow u
Councilor Wilson asked when the "little
pond" was added to the Goa15 inventory.
' Associate Planner Igarta noted this is called
the "west pond" and is on the inventory of
significant wedands per the local wedand
inventory pexformed by Fishman
Environmental Services. Based on that
wedands inventory, the pond was identified
• as significant and included on the wedands
and streams corridor map that identifies
significant xesources. Planning Manager
Bewexsdorff said he did not recall the year,
but it was done with the last update to the
wedand inventory as part of the Goa15
process, which was probably done sometime
around 1998-2000.
Councilox Wilson asked Attorney Firestone
if the City needs to treat this proceeding as
the City would any other private applicant.
Attorney Firestone said Council will have to
make a quasi-judicial decision, which means
' it will apply the standards considering the
existing facts. If the City Council
determines that the applicable standards are
met, then the City Council can approve the
application. If the Ciry Council finds that
applicable standaxds are not met, then it
• must either deny or condition the
application. Councilor Wilson asked if the
standards for making a decision for a
Comprehensive Plan Amendment are the
same as for a Zone Change. Attorney
Firestone said that foY a Comprehensive
Plan Amendment there are specific things to
consider including Statewide Goals and
other provisions of the Compxehensive Plan
as applicable standards.
Councilor Wilson noted standards listed on
Page 6 and 7 of the Staff Report regarding
Comprehensive Plan Amendments. He
' asked if he was coxrect whether the third
criterion was the only one applicable to a
decision. Attorney Firestone said there were
other Com rehensive Plan xe uirements.
Tigard City Council Meeting Minutes
May 9, 2006 Page 19
enda Item Discussion & Comments Action Items follow u
When dealing with consistency the City
Council must essentially look at the entire
Comprehensive Plan to determine relevance
and consistency. Councilor Wilson noted
that when looking at a legislative matter the
City Council has a wide latitude to make
changes. He said he was troubled by some
' of things in the Staff Report indicating that
because the Library and condominiums were
bui.lt, joint access is now needed and for that
reason a pond must be removed. 'I'his
axgument could be made to ftll any wedand.
He said that he was hearing other things that
seem applicable and would be better reasons
to cite for the proposal. As an example,
Councilor Wilson noted the thinking has
changed (new science) with regard to offline
ponds, which would be moxe of a xeason to
remove the designation than simply because
there has been adjacent construction.
Attorney Firestone agxeed with Councilor
' Wilson that the new thinking regarding
offline ponds was a supportable finding.
Public Testimony:
Opponent:
John Frewing, 7110 SW Lola Lane, Tigaxd, OR
97223 testified. Mayor Dirksen advised Mr. Frewing
that the City Council had received earlier
infoYmation submitted by Mx. Frewing. Mayor
Dirksen asked the City Council if they had had an
opportunity to review this information; Ciry Council
members indicated they had reviewed. Mayox
Dirksen also advised MY. Frewing a response to the
issues xaised had been prepared. Mr. Frewing
indicated he saw the response information for the
first time this evening and indicated he was not
prepared because the responses were not mailed out
to the individuals who pxovided the comments.
MY. Frewing said he did not think the application
meets the City rules in a variety of ways. He noted
that he had xovided "cha ter and verse" comments
Tigard City Council Meeting Minutes
May 9, 2006 Page 20
enda Item Discussion & Comments Action Items follow u
in his written testimony.
Mr. Frewing refexred to the drawings, Exhibits A, B,
C, and D, and said that he had not seen these before
and, to the extent that they are new information, he
said he would like to xeview them and compare
them with the application. He said that he had
reviewed the application and he believes the
drawings axe different and would like seven days or
the applicable amount of time available to review.
He said he did not think the 120-day rule applied in
this type of application.' Attorney Firestone
confirmed that the 120-day rule does not apply.
Mr. Frewing xeferred to what he believes was a
misleading comment stating that the pritnary
purpose for the SW Wall Street Extension was to
provide joint access to the Libxary and
condominiums. He said that as the Ciry Council
had heaxd this evening, the purpose of the major
xoad construction is to provide access to properry
across Fanno Cxeek and, pexhaps, across the railroad
and extending as far as Hunziker Street. He said the
suminary and the application misstates the purpose
seriously. The xesult is that the applicant (the City
staf fl has used material fox a priox study that looked
at altexnatives crossing Fanno Creek and ways to get
to the property on the othex side of Fanno Creek
and the other side of the railxoad and the
alternatives were chosen so as to best make the
connection to Hunzikex. The alternatives for the
joint access of the condominiums and the Library
onto Hall Boulevard were not suppoxted by studies.
The alternatives xelated to which one of the routes
to Hunziker should be selected. Mr. Frewing said
he thought the scope of the analysis was improperly
done.
Mr. Frewing said he would like to go over to the
drawings and point out what he thought would be a
reasonable alternative to solve problems. Mr.
Frewing referred to Exhibit A and advised that the
stated purpose to the application was to provide
access to the Library and Fanno Pointe. There
needs to be some connection across Pinebrook
Creek, which he said he was in a eement. Mr.
Tigard City Council Meeting Minutes
May 9, 2006 Page 21
enda Item Discussion & Comments Action Items follow u
Frewing said the simplest thing to do would be to
construct a small bridge across Pinebrook Creek
from the parking lot of the Library to Fanno Pointe
Condominiums. The problem would be resolved as
stated in the application. At the same time, he said
that he appxeciated the fact that thexe was another
property owner on the east side of Fanno Creek
who wants access. He said "you have had
yourselves or your staff attend meetings with the .
School Disttict that is looking at the eventual
management of property adjacent to the railroad..."
or fox disposition or other alternatives for the
. property. Mr. Frewing said that to get access to the
property, it would not be across the railroad, but to
simply have the School District sell, lease, or
provide easement from Hall Boulevard to "here."
He added there pexhaps could be the proviso that
any school bus parking that is elunuiated would be
. facilitated on other property to the south. Mr.
Frewing said there were alternatives that have not
been considered. He said Tigard does not need to
do "all of this expensive engineexing work right
along Fanno Creek where Washington County,
Beaverton, and Tigard have spent so much time and
effort trying to develop greenway along the cxeek."
Mr. Frewing suminaxized that the scope is misstated
and the alternatives, therefore are not fair
alternatives.
Mayor Dirksen commented that other options have
been considered with regard to crossing to the
. property on the other side. The owner of that property has a legal right to a right of way along the
southern border of the City's property (Library).
The City had an alternative of either trying to make
our right of way for the City's use and to also make
it potentially useful to this property owner if he
, chose to exercise that right of way, then what would
happen ecologically and pxacrically foY the City for
access to the Library and to the condoininiums. If
the City was forced to allow access along that right
of way and this would be a better alternative than
allowing that alteady legally requixed access. The
owner of the property on the other side is under no
obli ation to consider that alternative that Mr.
Tigard City Council Meeting Minutes
May 9, 2006 Page 22
enda Item Discussion & Comments Action Items follow u
• Frewing mentioned. Mayor Dirksen said he
proposed this alternative to the owner and he has
not responded; he apparendy was not interested.
"We could live with dxeams, but we choose to live
with realiry, I tlvnk." Mayox Dirksen noted that
with regard to the right of way chosen, it is the best
alternative based on that xequirement and also, as
heard earlier, it was the Mayor's opinion that it
minimizes the impact on the wetlands as much as
possible within the scope as previously discussed.
MayoY Dirksen added that with xegaxd to the
"primary purpose," he knew that thexe was a priox
Council that was aggressively working with that
property owner towaYd extending the street across
Fanno Creek and into the property and across the
railroad. He said that this Council has expressed no
desire to act as an active participant. The City
Council has backed off from that parmership so the
only interest at this point, is to allow that owner
• access to his property. Mayor Dixksen said he
understands the Council is now considering road for
access to the Library and to the condominiums as
required, which is the "primary purpose."
Mr. Frewing clarified that when he said there were
no alternatives, he meant there wexe alternatives that
were not looked at. He noted that when he looked
at the application, the DSL application and the
Corps of Engineers application, there was no study
of the use of the right of way along the south boxder
of the Tigard property near the Library and there
was no study of the access along the railroad track.
Those were alternatives that were not considered
• and should be looked at in as much detail as the
nine alternatives that were reviewed that were just
slight variations of the angle of Wall Street as it
tuYns off of Hall Boulevaxd. Mr. Frewing said he
accepted the Mayor's statement that there are some
other ideas out there that might be better for the
• City of Tigaxd and he said he would like to promote
those.
Mr. Frewing refexred to the written comments he
submitted to the Council; he advised there was one
thin he did not submit, which was relative to the
Tigard City Council Meeting Minutes
May 9, 2006 Page 23
enda Item Discussion & Comments Action Items follow u
comment on traffic. Mr. Ftewing said that the
actual traffic going through the intersection at Hall
and Wall is substantially less than the application
shows and he said he wanted to submit fox the
record the data that supports his assertion. He said
that on the afternoon of March 13, he sat in his car
in the Fanno Pointe parking lot, and from 1600 to
1800, he counted cars going northbound,
southbound, turning different ways, including those
going in and out of Fanno Pointe Condomuuums.
He submitted a one-page document entitled, Tigard
' W/all Street Exten.rion Traj~fic• Ob.rerUation of March 13,
2006 - John.Fre2ving.
Mr. Frewing said that the study done by DKS is no
better than what he submitted; they did not look at
three weeks of data collection, but they looked at a
typical afternoon and he also looked at a typical
afternoon. The DKS information was done three
years eaxlier before the Tigard Library was
constructed and it was speculative about how much
use the Tigard Library would get and it also
considered some txaffic coming across Fanno Creek
as if Wall Street were further extended. NIY. Frewing
said "the use of this street for the purposes that you
are considering is much, much less than the traffic
analyst's study states."
Mr. Frewing commented on the Pinebrook culvert.
He said the hydrology and determining how big the
culvert needed to be was based upon the 2003 study
' done for the culvert on Pinebrook Creek
underneath Hall Boulevard, which is 150 feet
upstream. He said his assertion is since that earlier
woxk was done, there has been a good bit of
development upstream in the Pinebrook Creek
watershed. TheYe have been some developments on
McDonald Street and others that have been
permitted, including those at the very top of Little
Bull Mountain at 103' and Canterbury where there
is a new paxking lot, which reduces the amount of
infiltration. Those changes in watershed conditions
should have been evaluated in looking at the culveYt
design.
Mx. Frewin said the current desi has new lines,
Tigard Ciry Council Meeting Minutes
May 9, 2006 Page 24
enda Item Discussion & Comments Action Items follow u
which he said he had not seen before. Mr. Fxewing
then dYew on a white board and said, "If we were to
draw a cross section of the culvert, a cross section
of the roadway that goes across to Fanno Pointe
Condos over Pinebrook Creek, we'd have
Pinebrook Creek. ..would be going down here like
this. The roadway would be here like this and. so
this is Fanno Creek over here and this is Hall
Boulevard over here and here is the newly
constructed or proposed roadway and said he
foxgets if it has sidewalks or not. Over here thexe is
a Fanno Creek txail - but over here the application
shows a block wall going down like this and that
serves to minimi7e unpact down in here. If they
were to do a fill, I mean all this area would be
impacted - or put in a culvext. Up here, though,
they don't do that and my comment - one of the
ones written - is why don't they put a block wall
right here also and save this amount of area from
being culverted and make that available for viable
stream habitat. They just haven't done - haven't •
made reasonable efforts to minimi7e unpact on the
streams..
Mr. Frewing emphasized that just like a private
development, as Councilor Wilson noted, an impact
study is called for this project. He said he did not
think the impact study that was done meets the
Tigard Code Section 18.390. He read the following
from CDC 18.390:
The impact study shall quantify the effect of
the development on public facilities and
services.
Mx. Frewing said that "in two short paragraphs on
transportation, not one quantification was made.
Quantification is to give numbers to it, to say that -
maybe you just have to hire an expert and say `38' if
you think 38 is the impact; you're supposed to
quantify it. You're not supposed it to say `sort of or
`biggex' or `smaller' - quantify it. They did not
quantify the impact on transportation. For the
parks system unpact the total analysis is that the
project area is not located within the City's parks
s stem. No uantification. For noise im acts,
Tigard Ciry Council Meeting Minutes
May 9, 2006 Page 25
enda Item Discussion & Comments Action Items follow u
similarly. `The usual noise associated with similar-
sized facilities.' No quantification and ignoring a
shift in trucking if the toad is eventually built across
Fanno Creek to the industrial-zoned area on the east
side of the stream. The Tigard Code at 18.390
further requires, that `For each public facility system
and type of unpact the study shall pxopose
impYOVements necessary to meet City standards and
minimize the unpact of development on the public
at laxge, public facilities systems, and affected
private-propetty users.' No such proposed
improvements are stated. It just doesn't meet the
Code. The Code says that you are supposed to
propose improvements necessary to meet Ciry
standards and to minimi7e the itnpact of the
development on the public at large, etc. That's an
, approval criteria; that's not just an information
requirement. I know the applicant is well aware of
other public facilities and systems which may be
affected by the proposed development. T"here is a
state law that says Tigaxd cannot unpose system
development charges for schools but there is no
. state law that says that the impact statement cannot
address the impact of the development on schools.
Law enforcement was not addressed; the Library
was not addressed; natural xesouxces wexe not
addressed. The ixnpact study is seriously deficient in
my view. It doesn't meet Code requixements and
the application should not be approved."
Mr. Frewing said he made several comments about
wetlands and buffer areas that xelate to the Clean
Watex Services service-pxovider letter. Clean WateY
Services made cleax that the place to raise those
kinds of comments is heYe before the local land use
process. Mr. Frewing said he has tried to raise those
, issues and asked that those be addressed.
Councilor Sherwood asked Mr. Frewing if he
attended the Planning Cominission meeting. Mr.
Frewing said he did not attend the Planning
Coinmission meeting but he did submit written
, comments. He said he could not attend the meeting
that evening.
Rebuttal
"Tigard City Council Meeting Minutes
May 9, 2006 Page 26
enda Item Discussion & Comments Action Items follow u
Ms. Moyle noted that Mr. Frewing's written
comments wexe addtessed that had been submitted
to the Planning Comtnission for that hearing.
Ms. Moyle addressed the following points in
rebuttal:
• Mr. Frewing said the exhibits pxesented to
the City Council wexe new exhibits;
however, they axe the same exhibits that
were presented at the Planning Cominission
hearing. The exhibits have been in the
public record for at least a month and they
were available at the hearing.
. • All of the applicable goals and objectives of
the Comprehensive Plan and of Metro are
addxessed in the application under Section
4.
• Txaffic - Exhibit 12 of the application
package is a DKS lettex dated February 21,
, 2005, which addresses the impacts of the
Library and the Wall Street Extension and
the minimum amount of Wall Street
Extension needed to serve the Library in
2005 data. This information conveys that,
based on the volumes that DKS projected,
a 100-foot westbound left-turn lane plus
165-foot long transition behind that for a
total of 265 feet. An additiona1100 feet
behind that for the queue, which is the
mitumal length being proposed: 365 feet.
• Impact Study information was presented in
Exhibit 8 and was deemed to be acceptable
by Ciry of Tigard Planning staff.
Mr. DeHaas addYessed the following points in
rebuttal:
• Traffic data had been discussed and, even if
the numbers weYe different, two travel lanes
. and a turning lane would work well for this
situation.
• The flow study was based on
Comprehensive Plan full build out;
additional develo ment was antici ated in
Tigard City Council Meeting Minutes
May 9, 2006 Page 27
enda Item Discussion & Comments Action Items follow u
the flow quantities.
Engineering Manager Nguyen addressed the following
points in rebuttal:
• DKS provided the txaffic information. DKS
• is a certified, professional traffic engineering
furn.
• Hydrology study issues wexe brought up. The culvext was "over designed" to
accommodate future flow.
• Alignxnent was supported by the Oregon
• Deparhnent of Txansportation because it
meets spacing requirements for the Hall
Boulevard and O'Mara intersections.
Ms. Moyle addressed the following point in rebuttal:
• While the application requests removal of the
ponds; part of the ponds will remain. The
xemoval request is for those parts being
impacted. The ponds will remain on the map
but will be modified to not include the
portions impacted by the road.
Ms. Benjamin addressed the following points in
• rebuttal:
• Clarified that the revisions to the Sensitive
Lands Map axe more accurately described as
"xeconfiguring" xather than "removing." The
pond near Hall Boulevaxd is now essentially a
• yeax-round pond that is being proposed to
change into a seasonal pond, changing its
hydrology. The size and shape of the pond
area will remain essentially unchanged; there
will be a slight impact at the north edge of
the pond.
• The length of the culvert is 65 feet and most
of the width is necessary because of the
width of the Fanno Pointe access road. Even
if there was a retauung wall at the upstream
edge, it would probably avoid impacting
about 151inear feet of streams. They will be
gainuig a reduction of impact with a retainuig
wall at the downstream end. En i eerin
Tigard Ciry Council Meeting Minutes
May 9, 2006 Page 28
enda Item Discussion & Comments Action Items follow u
Manager Nguyen added that the proposal
would be less disruptive and place less of a
burden on the property noting the impacts
(footings and construction impacts) if a
retauluig wall was built.
Mayor Dirksen asked if there was anyone who wanted
to speak, who had not yet spoken.
• Fred Fields, 1149 SW Davenport Street,
Pordand, Oregon, said he has an interest in
. the property on the "far side of Fanno
Creek." He said the pond nearest the Library
was built in 1956 by Carl Brieland, who was
Vice President of Finance for Jantzen
Woolen Mills. Mr. Fields bought the
propexty from Mr. Brieland in about 1965.
Mr. Fields and Mr. Brieland had discussed
the details for the purpose of the pond,
which was built to provide irrigation for Mr.
Brieland's gatden. Mr. Brieland's pxoperty
was about seven acres in size. By damming
the creek and creating the pond, enough
water reservoit was available to irrigate the
garden and lawn of this property. Later the
. house was occupied by Clatence Nicoli, the
former Mayox's father. Mr. Nicoli used the
water to irrigate as well. Mr. Fields said he
thought irrigation had been discontinued in
the last few years and that the water is now
stagnant.
The pond near Hall Boulevard was created
by the neighbors and shortly after Mr.
Brieland created his pond.
Mr. Fields said he has drawings from the
1970's showing a proposed aligrunent of a
street. At that time the street aligrunent was
considered impxactical because of wetlands.
Since that time, the school bus parking lot
and the City Hall property was filled in. As a
result, a pond was created.
Mr. Fields referred to Exhibit A where a
. ond was created, about two to three acres in
Tigard Ciry Council Meeting Minutes
May 9, 2006 Page 29
enda Item Discussion & Comments Action Items follow u
size, as a result of Unified Sewexage Agency
(now Clean Water Services) cutting off part
• of the creek for a six-foot diainetex sewer line
that is located about 20 feet underground.
Therefore, that is a"man-made" pond also -
all three of the ponds were "man made."
Mayor Dirksen thanked Mr. Fields fox the
information.
Mayor Ditksen asked staff about the
comment that was made that the application
did not meet the Code in several ateas. If the
staff were reviewing this from a private
developer, is the comment accurate?
• Associate Planner Igarta said the application
was reviewed as it would be for a private
developer. The review was per Code. Mr.
Igarta said he believes that applicable review
criteria were met by the proposal submitted
for SW Wall Street.
Planning Manager Bewersdorff said the
reason why the application process has taken
so long, is that it has had so many reviews
and requixements. The street was shortened
and impacts to the wetlands were limited
based on the staff xeview. This has taken
more than three years. Mr. Bewersdoxff said,
"We don't hold private development up that
long."
Associate Planner Igarta said staff finds that
the proposed Wall Street extension meets all
of the applicable review criteria and presents
sufficient evidence to justify the proposed
impacts to sensitive lands and the tree
removal permit requested and the requested
Compxehensive Plan amendment. Staff
recommended that the Ciry Council approve
the Wall Street extension, subject to the
• conditions stated in the staff report.
Mayor Dirksen closed the public hearing.
Tigard City Council Meeting Minutes
May 9, 2006 Page 30
enda Item Discussion & Comments Action Items follow u
Council discussion followed.
Councilor Sherwood advised she came on
the Ciry Council about three years ago and
one of the first land use hearings she
attended was for the Wall Street extension
, and study. She indicated she was satisfied
with the information presented in the staff
report and thanked Mr. Fields for the history
of the property.
Councilox Wilson indicated he, too, was
satisfied that City staff has addYessed the
criteria. He noted the unusual requirement
for a Comprehensive Plan amendment. He
indicated that he was satisfied that the criteria
were met as evidenced by a change in the
circumstances, particularly in the change of
the undetstanding of the significance of the
resouxce designated a Goa15 resource as
being degraded and man made and not as
significant for habitat and in some ways even
detrimental to the hydtology of Fanno Creek.
He said he was prepared to vote, "yes."
Councilox Harding said she appxeciated the
comments from Mx. Fields about the history
of the ponds. She said that would troubles
her about this proposal is whether this is the
least cosdy method that can be done fox the
taxpayers considering what the overall cost of
the Library has been. She said she
understands the reasons for doing "over-
engineering" for futute development, she
does not see traffic increases requiruig a road
of "that size." She said she did not know if it
would be possible to cross the ra.ilroad even
within the next 25 yeats. She questioned
whethex there was a need to "over-build" the '
road to "that degree" at this time. She would
support having the xight of way to be
available to build later when it might be
necessary; however, she said she could not
agree to spending tax money for that large of
a project, which is not foreseeable in the near
future when there are so man other roads
Tigard City Council Meeting Minutes
May 9, 2006 Page 31
enda Item Discussion & Comments Action Items follow u
and transportation issues that need to be
addressed. She said she was leaning towatds
. "no" on this application. If she "could see
the benefit of it being that big of street, she
would lean towards `yes."'
Mayor Dirksen advised he heard the
consultants say that because of the
requirement for a numbeY of turn lanes,
sidewalks and bike paths - pexhaps it could
be slighdy narrower street based on today's
needs. He questioned whether it would be
• appreciably narrower and make much of a
difference either to the cost or impact. There
is also the consideration for future use.
Mayor Dirksen referted to current traffic
volumes mentioned by Mr. Frewing and that
the street does not need to be as big.
• However, he said if the City Council were to
make "the opposite decision, anyone who
chose to find fault with whatever we do,
could just as eagerly argue that we're not
planning for future needs..
Councilox Harding questioned whether it was
necessary to "put the asphalt down" as "25
years is a long time." She reiterated she did
not see the road crossing the railroad tracks
in the foreseeable future.
MayoY Dirksen complimented the staff and
consultants on what he thought was an
• extremely comprehensive ecological study.
The project will restore and enhance this area
into a much more valuable natural area than
it is now. He agxeed with Councilor Wilson's
comments that the area has been excessively
degtaded over the years by other uses and
• this project will bring it back to a more
natural state that will be appreciated by the
people who live in this area but also by
people who visit the Library and enjoy the
open space. As the Fanno Creek ttail
extends thxough this area - it'll just be better
all around. This project meets the
re uirements established u front when the
Tigaxd City Council Meeting Minutes
May 9, 2006 Page 32
enda Item Discussion & Comments Action Items follow u
City Council approved the condominium
development to get rid of the driveway onto
Hall Boulevatd. The project improves the
wedands and stream corridor. The project
allows for the final configuration of the
I.ibrary parking lot and for the storm water
retention as it was designed. The project also
meets the legal and contractual obligations
that the City has to Mr. Fields. There are at
least four or five benefits to this project and,
for that reason, he will vote "yes."
CounciloY Wilson elaborated on a comment
by Mayor Dirksen noting that this issue has
been discussed a lot over the last three years
in various public settings to review
engineering and the different options to meet
xequirements of the Library construction and
to meet legal obligations with regard to the
purchase of the Library property. The City
Council did discuss not pursuing this fiirther
and allowing Mr. Fields to have his legal
access on the south end of the property; if
the Ciry had done this, there would have
been a woYSe result and one that would not
be necessarily a public stteet and would
preclude the future extension of Wall Stteet,
which is on the Ciry's Transportation System
Plan. By slighdy xealigning an access that
could serve as access to Mr. Field's propexty,
which is his legal right, if it were to be
extended, it could serve both that property
and the public in the future with one crossing
of Fanno Creek. He said he believed it was
in the public's interest to do it this way.
Attorney Firestone advised there were
procedural issues the City Council might want to consider. NIr. Frewing asked for
time to submit additional materials. Attorney
Firestone said the City Council could choose
to grant additional time; however, this is not
the uutial evidentiary hearing, so the granting
of additional time is not required. Also, Mr.
Frewing primarily xeferred to the four maps
that were resented at the Plannui
Tigard Ciry Council Meeting Minutes
May 9, 2006 Page 33
' enda Item Discussion & Comments Action Items follow u
Comtnission.
Attorney Firestone said a second procedural
issue was that the City Council could make a
final decision ton.ight adopting the findings
' that are befote it. The City Council could
also choose to make a tentative decision
giving directions for supplemental findings if
it believes that supplemental findings would
be necessary to addtess any of the issues
raised tonight.
Councilor Harding said she was not
convinced that changes in the floodplain
maps have not been addressed. Mayor
Dirksen said the professional consultants
who say what has been done is suitable and
"I have to go with that."
' Councilor Harding said that a many times
that agencies have different information. She
said with infill, the floodplain was raised and
there are runoff issues in the City, which are
of concern to her.
' ORDINANCE NO.O6-05 - AN
ORDINANCE APPROVING SENSITIVE
LANDS REVIEW SLR2004-00003 AND
SLR2006-00001, 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
MayoY Dirksen allowed NIr. Fields to address
the Council. Mr. Fields said he thought moxe
history might be appxopriate. He said the City
came to him about the Library property about
' four ox five ears a o. At that time several
Tigard Ciry Council Meeting Minutes
May 9, 2006 Page 34
enda Item Discussion & Comments Action Items follow u
sites were under consideration. Mr. Fields
said this propexty had not been offexed for
sale except for when he purchased it in the
1960's and 1970's. Mr. Fields said that since
the City Hall property was across the street, it
seemed appropxiate that the City should have
the propexry for the Libxary. This property
and other sites were appxaised. Mr. Fields
said he agreed to sell the property to the City
and accepted the City's appraisal as to the
value of the pxoperty. He also owned the
property "on the other side of Fanno Creek"
and he needed access to this property. He
told Ciry representatives that he could not sell
the property for the Library and give up
access to that property. As long as the access
was available to him, he was amenable to
selling the Library property to the Ciry. The
City agreed to this. He said it was an entirely
different City Council and he said he "could
appreciate that everyone could change their
mind, everybody could second guess. ..but
mind you, that has been over three years now.
I've waited all that time. The City has built
their Library and has been in opexation well
over a year, and I have one...bit of anything
that has Yesulted in my favor. And, I've been
going to these things for these long years.
And, I probably won't live forever, but I plan
to live to be 100. ..There have been very
pxactical reasons for what the City has done
and what I did. I hope you understand."
Mayor Dirksen told Mr. Fields, "We love the
property and we love the Library on it. It is a
great addition to the City."
7. Consider Presentation to the City Council by Public Works Motion by Councilor
Participation in Director Koellermeier and Intergovernmental Water Sherwood, seconded by
the Proposed Board (IWB) Chait Scheiderich. Councilor Wilson, to
Willamette authorize the City Manager
Rivex Water The Tigaxd Water Service Area needs to decide to sign a letter to WRWC
Coalirion whether it wishes to parricipate in two proposed expxessing the City Council's
(WRWC) Willamette Rivex Water Coalition Projects: opinion that aligns with the
Projects IWB recommendations
1. Ci of Sherwood's e ansion of the Willamette xe rdin the two ro osed
Tigard City Council Meeting Minutes
May 9, 2006 Page 35
enda Item Discussion & Comments Action Items follow u
River water supply system. WRWC projects.
2. Tualatin Valley Water District's ('I'VWD) The motion was approved
. expansion of the Willamette River water supply by a unanimous vote of
system. Council present.
The IWB recommends the Tigard Water Service Mayor Dirksen Yes
Area (I'WSA) decline to paxticipate in the Sherwood Councilox Harding Yes
expansion as this project would be of litde direct Councilor Sherwood Yes
. benefit to TWSA customers. Councilox Wilson Yes
The IWB supported participation of the TWSA in
the TVWD's project. The IWB is aware that the
Ciry of Tigaxd has a Charter amendment requiring
voter approval to use the Willamette Rivex as a
drinking watex source, but recommends that the
Ciry invest in these improvements and, if necessary,
recover the investment by leasing the facilities to
others. The TWSA will also need to reserve the
. right to adjust the participation level based on
upcoming decisions related to other water souxces.
The TVWD has indicated its willingness to work
with the TWSA within the context of these
• constraints.
Copies of the staff xeport and letters from IWB
Chair Scheiderich stating the IWB's
recommendation on the above two projects are on
file in the City Recorder's office.
Councilor Wilson noted some of the key critics
xegarding the use of Willamette River water have
changed their opinion. He referred to the fact that
securing futuxe water sources will be complex
decisions and supported keeping options open.
Participation in the TVWD project will not
circumvent the direction fxom voters (Charter
ptovision on use of Willamette River water.)
Mayor Dirksen noted Councilor Woodruff
forwarded a note to him stating he was sorry he
could not attend tonight's meeting. His position is
"we should continue to work with all our parmers
. until all of ouY choices are clearly delineated."
Councilor Woodruff said he was opposed to a
si ificant increase in a financial investment
Tigard City Council Meeting Minutes
May 9, 2006 Page 36
enda Item Discussion & Comments Action Items follow u
regarding the Willamette as the unplication would be
that we were moving the City down that road prior
to the required vote. He said that he did not want
the City to have spent large amounts of money
without voteY appxoval that this is the direction they
• want us to go. Councilor Woodruff also noted that
he hoped that the Lake Oswego study will reveal
that the Clackamas is the best equity option and that
we can xely on that along with Bull Run to meet our
needs over the next 20-30 years.
• Councilor Harding said she agreed with Councilor
Woodruffls comments but she also stated that the
City needs to remain cognizant of future needs
Councilor Shenvood said she disagreed with
Councilor Woodruff insofar as the City needs to
stay connected for future options. '
Public Works Director Koellexmeier advised that a
10-year water contract with the City of Portland
takes the pressure off and the City can move more
slowly in considering long-term options. He advised
that TVWD would like to begin right-of-way
acquisition.
Mayor Dixksen agreed that the City should not cut
itself off from other options. He referred to the
IWB lettex fxom Chair Scheiderich, which suggested
there might be an opportunity to xecoup costs
through leasing.
Public Works Dixector Koellermeier advised if the
City Council concurs with the IWB's
recommendation, a lettex would be prepared
echoing the same messages contained in the two
letters in the City Council packet from IWB Chair
Scheidexich. Mayox Dirksen noted he thought the
messages contained in these two lettexs were good.
8. Report from This item was not discussed due to the lateness of
Mayor and the hour. (City Recorder's note: This was discussed
Council on May 23, 2006.)
Members on
• the National
Tigard City Council Meeting Minutes
May 9, 2006 Page 37
enda Item Discussion & Comments Action Items follow u
League of Cities
Congressional
City
Conference
9. Council None.
Liaison Reports
10. Non A request for a woxk session review regarding Mayor Dirksen suggested
Agenda Items storage of "nuisance" items on property was this request be forwarded to
requested by Bill Scheiderich. Councilox Wilson Interim Community
added that he was concerned with the numbex of Development Director
shopping caxts left about throughout the community Coffee
and questioned whether thexe was some way this
' could be addressed.
Upcoming calendar items as listed on the City
Council agenda were reviewed.
Council discussed its goal for increasing interaction
with youth. Ideas included paxticipating in school-
year kick-off functions at the beginning of the year,
City Council/city representatives speak at
government classes (civics), offexing services when
requested by teachers or administtators.
The Youth Summit was a good event; however, it
only occurs once a year.
Adjournment The meeting adjourned at 10:24 p.m. Motion by Councilor
Shenvood, seconded by
Councilor Wilson, to adjourn
the meeting.
The motion was approved
by a unanimous vote of
Council present.
Mayor Dirksen Yes
Councilor Harding Yes
Councilor Sherwood Yes
Councilor Wilson Yes
Tigard City Council Meeting Minutes
. May 9, 2006 Page 38
G0 -
. Catherine Wheatley, City Recordex
Attest:
t
Mayor, ity of Tigard
Date: 13' 0 ~
i: \adm\cathy\ ccm\200G\OGO50).doc
Tigard City Council Meeting Minutes
May 9, 2006 Page 39
STUDY SESSION AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING
May 9, 2006 - 6:30 p.m.
13125 SW Hall Boulevard, Tigaxd, Oregon
• STUDY SESSION
> !`TS'"f'T [7 TIIITTaI,f A AT A!~`L`DI"VTS~QLTC n~D~llDT,f A RT!`E DE TTTL'
.CTTQ"~TQ TI'~v7
~P
Rescheduled to Study Session on June 13, 2006 in Executive
Session
> REVIEW AND DISCUSS ENTRY SIGN
• Administration Staff
> FINAL DECISION ON LETTERHEAD
• Administration Staff
> STAFF REPORT ON HOUSE INTERIM COMMITTEE ON LAND USE
MEETING
• Community Development Staff
• EXECUTIVE SESSION: The Tigaxd City Council will go into Executive Session to discuss exempt
public xecords under ORS 192.660(2)(~. All discussions are confidential and those pxesent may
disclose nothing from the Session. Representatives of the news media are allowed to attend
Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed.
No Executive Session may be held fox the purpose of taking any final action or making any final
decision. Executive Sessions are closed to the public.
•
~ ADMINISTRATIVE ITEMS
> Reminder: Next week's meeting, May 16, will start at 6 p_m. with an Executive Session.
> Discuss policy regarding similar events sponsored by City and other agencies.
> Reminder: 5th Tuesday is May 30, 7-9 p.m. in the Tigard Water Auditorium. City Recorder or
Deputy Recorder can attend if note taking assistance is desired.
Council Calendax
May
9 Tuesday Council Business Meeting - 630 pm, Town Hall
15 Monday Budget Coinmittee Meeting 6:30 pm, Tigaxd Water Auditorium
16 Tuesday Council Workshop Meeting - 6:00 pm, Town Hall
22 Monday Budget Coininittee Meeting (if needed) 6:30 pm, Tigard Water Auditorium
23 Tuesday Council Business Meeting - 630 pm, Town Hall
29 Monday Memorial Day Holiday - City Offices Closed
30 Tuesday Fifth Tuesday Council Meeting - 7-9 pm, Tigard Water Auditorium
The meeting with Tigard/Tualatin School District originally scheduled for May 31 has been cancelled.
Executive Session -
The Public Meetings Law authorizes governing bodies to meet in executive session in certain
limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part
of a meeting of a governing body, which is clo.red to certain persons for deliberation on certain
matters."
Permissible Purposes for Executive Sessions:
192.660 (2) (a) - Employment of public officers, employees and agents,
if the body has satisfied certain pretequisites.
192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests
to have an open hearing).
192.660 (2) (c) - To consider matters pertainuig to medical staff of a public hospital.
192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.)
192.660 (2) (e) - Real properry transaction negotiations.
192.660 (2) - Exempt public records - to consider records that axe "exempt by law from
public inspection." These tecoxds are specifically identified in the Oregon
Revised Statutes.
192-660 (2) (g) - Trade negotiations - involving mattets of trade or commerce in which the
governing body is competing with other governing bodies.
192.660 (2) (h) - Lega1 counsel - for consultation with counsel concerning legal rights and
duties xegarding current litigation or litigation likely to be filed.
192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives
adopted by the govetning body, the employment-related performance of
the chief executive officer, a public officex, employee or staff inember
unless the affected person requests an open heaxing. The standaxds,
criteria and policy directives to be used in evaluating chief executive
officers shall be adopted by the governing body in meetings open to the
public in which there has been an opportunity for public comment.
192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with
private persons or businesses regarding pxoposed acquisition, exchange or
liquidation of public investments.
192.660 (2) (k)- Relates to health professional xegulatory boaYd.
192.660 (2) (1)- Relates to State Landscape Architect Board.
192.660 (2) (m)- Relates to the review and approval of progtams relating to security.
hadm\cathy\cca ss\2006\060509ps.doc
Agenda Item #
Meeting Date Mav 9, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of T'igard, Oregon
Issue/Agenda T'~ide Staff Report on House Interim Committee on Land Use
Prepared By. Tom Coffee Dept Head Okay ~ CityMgr Okay
ISSUE BEFORE THE COUNCIL AND KEY FACI'S
Briefing on the House Interim Comrnittee on Land Use meeting held in Tigard on April 26, 2006.
STAFF RECOMMENDATION
No action is requested at this tune.
KEY FACTS AND INFORIVIATION SUMMARY ,
The House Interim Committee on Land Use is chaired by Representative Garrard. Also in attendance at the meeting
were Representatives Galizio, Knunrnel, and Greenlick. The Corrunittee held an Informational Meeting on three issues:
1.) Annexation and the Convening of the SB 887 Work Group; 2.) Measure 37; and 3.) Regionalization of Land
Conservation and Development Commission. Following presentations on these issues, the membexship of SB 887
Working Group was announced and public testimony was accepted. Senate Bill 887 was the legislation enacted in the
last Legislative Session that: 1.) Limited the vote on annexation plans to those who live in the area to be a.n.nexed; 2.)
Stipulated that the City of Beaverton may not annex any territory without the approval of the residents or property
owners; and 3.) Directed the Joint Legislative Committee on Land Use to consider and propose legislation related to
changes in the authority of cities to annex territory.
OTHERALTERNATIVES CONSIDERED
N/A
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Council Goal: Clarify the City's position on the provision of urban services to Luiincotporated areas and in the best
interests of the citizens of T'igard.
ATTACHVLENT LIST
Attachment 1: Committee Agenda
Attachment 2: League of Oregon Cities Annexation Presentation
Attachment 3: Written Testimony of Gretchen E. Buehner
Attachment 4: Written Testimony of Oregon Communities for a Voice in Annexations
Attachment 5: SB 887 Work Group Membership
FISCAL NOTES
N/A
Attachment 1
$ta})'; Members: ~
Jce O'Leary, Counsel Rep. Bi0 Gazrud, Chair
Patrick Brennan, Assistant • Rep. Bob Jenson, Vice-Chav
• Rep. Robert Ackerman
Rep. E. Terry Beyer
Rep. Sal Esquivel
Rep. Mac Swnner
.
HOUSE INTERIM COMMITTEE ON 4
_ LAND USE
Oregon State Capitol
900 Court Street NE, Room 354, Salem, Oregon 97301
Phone: 503-986-1666
AGENDA
REVISED #3 4/10/2006
WEDNESDAY
Date: April 26, 2006
Time: 6:30 P.M.
Room: *
* MEETING LOCATION
Charles F. Tigard Elementary
12855 SW Grant Avenue
Tigard, OR 87223
Iniormational Meeting
Annexation and the Convening of the SB 887 Work Group .
Invited Testimony
-Lisa Hamilton-Treick, Friends of Bull Mountain
-Linda Ludwig, League of Oregon Cities
Macpherson u Department ofAdministrative Services
Invited Testimony
-Janet Metcalf and Stephanie Striffler, Oregon Department of Justice
-Lane Shetterly, Department of Land Conservation and Development
Regionalization of Land Conservation and Development Commission
Invited Testimony
-Don Schellenberg, Oregon Farm Bureau
-Lane Shetterly, Department of Land Conservation and Development
Public Testimony
l of l www.lep_ state.or.us
Attachment 2
Land Use Planning in Oregon
t~ Annexation
Prepared By
Linda Ludwig, LOC
For the House Interim Land Use Committee
April 26, 2006 '
~ Annexation decisions
Annexation decisions are the result of a complex matrix
of processes. The factors considered include
infrastructure needs, opportuniaes for economic
development, transportation planning, and other long
range development concems.
These decisions are often made as part of multi-party
agreements between county, citY, and special
districts, and must be done consistent with state
requirements. '
These processes are complicated and represent the
expenditure of substantial government and citizen
efforts to provide for the needs of the community.
1
. Requirements of cities by the statewide
planning system
,:,;z. . ,
z
. Long-range comprehensive plans which provide for a
community's growdh, inciuding:
Projected housing needs
Economic development
Urban services
Future infrastructure needs
Land use planning and zoning
. Provide for growth, but also restrict leap frog
development and urban sprawl on resource land.
a Develop and adopt urban growth boundaries (UGBs).
What are UGB's and how to they operate?
. Mandated by state to be inctuded in city's comp pfan
. Serve as a divider between rural and urban
development
. Provide for urbanizable land to accommodate growth
. Required to contain a suppty of devel_ o_pable tand
sufFcient for 20 years of a community's growth -
"20 year land supply"
. Created after expensive & time consuming planning
processes, includin public hearings and agreements
between county, ci~jr and special districts.
2
Does city planning and service responsibility
whether mandated by the state or desired by
~ the community end at the city limits? ,
,
. No. It may extend to the area within the UGB, and
any "urban reserve" areas outside the UGB.
. Oregon's annexation laws deepiy affect the ability of
our cities to discharge these responsibilides.
. In order to carry out responsibilities for the
development of urban communities, cities must be
able to rely on orderly and appropriate annexation of
unincorporated urbanized areas within the UGB.
What is the State's role in annexation?
.:.3.. ati~~.....,.
Legisiative policy is described in ORS 199.410
(Boundary Commissions)
.(1)(a) A fiagmented approach has devetoped to
. public services provided by local government.
Fragmentation results in dupiications in services and
resistance to cooperation and is a barrier to planning
implementafion. Such an approach has limited the
orderiy development and growth of Oregon's urban
areas to the detriment of the citizens'of this state.
. 1(e) provides direction to "reduce the fragmented
approach to service delivery by encouraging single
agency delivery over multiple agency delivery."
. One boundary commission (Lane County).
3
, What problems does unincorporated urban
growth create?
. Difficutty of providing urban services efficientiy.
Since these areas are not in the city, tfiey may receive some servioes
by cities and some from otfier providers. Multiple service providers can
cause fragmentation or duplication of services. If tiiese areas are
evenWally armexed, the change bD city developmer►C standards arates
another bunden that must be aooommodatied.
Long term plans fvr infrasb"LxWre rety on knowing what geographic
areas, what leveis of populatan, what types of devebpment will be
served. If a city does not have oonbnl over what areas will be se.rved,
it has no abitity bo measure tlhese facboss. P{anning fbr transportation,
zoning, and urban service pr+wision are hampered. Effident pathways
fior infras6ruchme and services cannot be provided, while patchwork
solutlorts are bemporary an inefficierrt use of tax-payers dollars.
What problems does unincorporated urban
. growth create?, continued
. Facilitates "spot" annexafions done only by property
owner requests.
Because these patchwork annexations dont acur as part of an
overall plan, service providers, including emergency personnel,
are sometimes uncertam from day fio day which areas they
serve.
o Creation of economic development and job growth is
stunted by the inability to engage in predictable
annexation processes.
Businesses and developers want guarantees of service levels,
zoning regimes, and predictable oversight in development
processes. Gties often have difficut~providing available land
that can offer this kind of predictabili .
4
~
What motivates annexations?
. Annexation increases property values for owners as
well as developers, while enhancing employment
opportunities in cities.
. Cities desire to annex territories that are already
urban or urbanizing to respond to the needs of
landowners, and to better organize growth and
service provisions.
e In a survey examining annexations over the last 10
years, annexations comprised of:
. Properly owner requests- 65%
. Development applications- 250/o
. Environmental or regulatory issues
4How are annexations done?
. Annexations can be initiated by a city, or by a
properly owner.
. State statutes provide various annexation methods.
. Some cities have charter amendments requiring voter
approval within city boundaries for annexations.
. All annexations that do not require a vote of tihe
properly to be annexed have a referendum process.
5
~General annexation guidelines
Property to be annexed must be contiguous to the
city or separated from it only by ublic right of way
or a body of water (ORS 222.111T
- m Most property that is annexed is within' a UGB,
although this is not a requirement except for urban
service provider annexafions.
. Case faw provides additional annexation guidance to
ciaes regarding annexation standards, including
"reasonabteness" test, goal compliance,
comprehensive plan standards, and Metro code
standards.
77 ~ . Annexation methodologies
.
. The majority of annexation methods became law
prior to the inception of the state land use planning
program, including the requirement for UGBs and a
20-year land supply.
. The majority of annexation methods became law
prior to the inception of Ballot Measure 5 and 50.
6
What are the most common annexation
Y'.. methods7
Must fu{fill charter requirement for election, if any, &
the following:
. ORS 222.111(5) Election required for a majority of
voters in city & a majority of voters in territory. No
referendum provision.
. ORS 222.120(4) Area election for a majority of voters
in territory. Requires public hearing prior to election;
subject to referendum.
What are the most common annexation
methods?, continued
:
Written consent methods:
. ORS 222.125 Consent from all property owners & a
majority of voters in the territory. 5ubject to
referendum.
. ORS 222.170(2) Consent from a ma ority of property
owners & and majority of voters in e territory.
Subject to referendum.
. ORS 222.170(3) Consent from a majority of property
owners who own a ma'ority of property representing a
ma'ority of the AV of e land within the territory.
Su~ject to referendum.
7
What are the most common annexation
methods?, continued
s~ .,..w.... . .
222J50 Island annexation by resolution or
ordinance: territory must be surrouruiied either by the
corporate boundaries of the city or city boundaries
and a body of water. Subject to referendum.
. 222.840 Healtli hazard by resofution if DHS declares
territory to be a danger to public health. Notice,
public hearing and findings required. No referendum.
. 195.205 Urban service provider annexation by
election after annexation plan has been adopted. No
referendum.
. Technical Issues
Annexation Standards
Configuous- ORS 222.111(1)
e Property to be annexed must be contlguous to the
city or separated from it only by pubiic right of way
or a body of water. May lie wholiy or partly within or
without the same county as the city.
Reasonable
. Case by case determinations (OR Supreme Court)
. Needs to comply with locai and state criteria.
. Needs to have a legitimate reason and not be
arbitrary (accommodate growth, similar zoning
designations, provide jobs, provision of services,
mutually benefit area inside and outside territory).
-Portland Gen Hee l! Cily of Esbcada, OR qopeals, 1957; Aforsman v. tity ofMad24 OR qopea/4 2AQ3
8
. Technical Issues
Annexation Standards, continued
a
Goal compliance or/ Comprehensive pian standards
. Comprehensive Plan should address annexation
standards and criterfa to avoid having your
annexation required to impossibly comply with
statewide planning goals. ~~~BwKWm, WA Z=
Metro Code Standards
. Metro Code 3.09/ assumed the Boundary Commission
role in adopting standards for annexations.
"Cherry Stem" annexations
. These annexafions rely on the intervening public right-
of-way to facilitate the contiguity and efficient public
service connections.
• Case law only, no statutory guidance.
. Repeatedly upheld by Court of Appeals and LUBA,
based upon a demonstration that the annexation is
"reasonable".
-Needs to comply with local and state criteria.
-Needs to have a legitimate reason and not be
arbitrary (accommodate growth, similar zoning
designations, provide jobs, provision of services,
mutually benefit area inside and outside territory)
9
Technical Issues
. Annexation Deals
Tax abatement ORS 222.111(3)
. Up to 10 years of tax abatement for additional city
taxes.
. Any agreed upon formula; otten used with consent
annexations. Allows lease holders to work increased
rates into leases.
. If offered in double/triple majority annexations,
should be offered to all properly owner in area to be
annexed otherwise may impinge on right to vote
standard
Technical Issues
~ . Annexation Deals, continued
}V1a. li s..,.....-....e...>. Delayed annexation- ORS 222.180(2)
. Annexation is complete, but not effective for up to 10
years. Allows properly owner to develop property
and obtain lease provision that reflect new taxes
when due.
. Easier to obtain consents, as can be obtained prior to
property development.
. Notice of delayed annexation needs to be recorded to
avoid probiems with subsequent purchasers.
' 10
. Technical Issues
Annexation Deals, continued
- z
Service provider/consent annexation
. Cities can require annexation or consent to annex as
requirement of extension of services. Can become
trickier inside UGB's or with competing special district.
. Oftentimes a service provider letter is required for a
land use approval/permit.
. Annexation agreements relating to extraterritorial
extension of services need to be recorded, and are
binding on subsequent purchasers.
. Although binding property owners, not binding on
non-property owning electors for purpose of double
majority consent annexations.
, Technical Issues
° Annexation Deals, continued
k Exemptions s SB 419, 1997 legislative exemption for Tektronix in
Beaverton, Reynolds Aluminum in Troutdale for up to
22 years. (Reason being corporations provided own
water/sewer lines and didn't need city services).
• SB 887, 2005 legislative exemption for Nike,
Tektronix, Columbia Sportswear, ESI in Washington
County for up to 35 years.
• SB 699, 2005 legislative exemption for Boise Cascade
in )ackson County.
11
Referendum
Oregon is unique in the avaifability of the referendum
process to the overwhelming majority of its
annexations.
. Even those annexations achieved with consent of the
property owner are subject to referendum. (Petition
signed by 10% of registered city voters, filed within
30 days of the measure).
. In Washington, only istand annexations have
referendum. Texas allows many types of uniiateral
annexations; onfy one type subject to later challenge.
Technical Issues
Process
r
. Annexafions are effecfive upon filing with the
Secretary of State. The annexaaon needs to be
effective by March 31st and to the Department of
Revenue and the County Assessor by that date in
order for the city to collect taxes for the following
year.
e Issue of standing currendy before the Oregon
Supreme Court. rmvy~ ~=cw1,ri2~~~~~~ a4,oaeba,w,2",
12
Constitutional Issues
` Right to vote - Equal Protection
. Oregon Supreme Court and the 9ti' Circuit have found
neither a federal or state constitution right to vote on
annexations. (Mld-County Fudure,4/temat'ves tammittee v. City ofibrtlan0, 1990; Hussey v.
CAyofitM/and, .0 p, l995)
. LUBA recently analyzed different types of annexation
and categorized them as either creating a"right to vote" case or an "altemative methods" case. Right to
vote case involves clear delegation by statute to
voters of an opportunity to vote and requires a strict
scrutiny analysis, white the altemative methods case
was a lawful choice by the legislature to allow it by a
different procedure and supported by rational basis.
Constitutional Issues, continued
.
a,
Privileges and Immunities
. Court of Appeals found that as long as there was not
a suspect classification, a boundary change without a
vote had to only be supported by a rationaf basis.
(sne,wxdsdxd D&,&aW v. wa-%W1Wtm ayEd, zWO).
- LUBA, relying on the above mentioned case, denied a
chalienge to annexafions in 2 subsequent cases.
13
What are the underpinnings to annexation that
first need to be examined?
•ii.. Ak` - ~.~.-.,.,e.,...., . . _
x:
. Form & funccUon of UGBs and land supp{y requirements.
. Does the tand use system truly ~rovide for the territo?ry
within the UGB to be urbanized. Do annexation laws.
If not, is the 20-year land supply requirement
reasonable or rafional?
. Provision of infrasfivcture and services.
. How can we solve the lack of existing funding options
to supply needed infrastructure for territory planned for
urbanization or to replace failing systems?
. Is it sensible to continue extensive/expensive planning
requirements for expected or realized growth when the
provision of infrastructure cannot reafistically be
realized? Are there alternatives?
What are the underpinnings to annexation that
fn"'eeY~o be examined?, continued
. Govemance choices for urbanizable or urbanizing
land.
. Does our current system promote for logical
governance choices for urbanization in afl regions
in the state?
. How do regions that have the majority of services
provided by county or speciaf districts differ from
the majority of the state?
. Do special considerations need to occur for areas
with significant M37 claims located inside or just
outside the UGB?
14
' . Attachment 3
GRETCHEN E. BUEHNER
ATTORNEY AT LAW
P.O. Box 1233
Portland, Or 97207-1233
TIGARD
(503) 684-1031
FAX (503) 5904205
' Apri126, 2006
The Honorable Members
of the Committee
Interim Committee Meeting
at CF Tigard School
Re: Annexation issues - residence 13249 SW 136' Place, Tigard, OR
Dear Sirs and Madam:
I am not sure that I will be able to testify orally before having to leave to chair a City of Tigard
citizen task force meeting this evening. That meeting was set long before I heard ahout your
meeting. If I am not able to speak in persoq I ask that you consider the following to constitute the
substance of my testimony.
The information which I received indicated that the committee wished to hear from residents of
Bull Mountain. I am a Bull Mountain resident, but a portion that is in the City of Tigard. For your
information, I spent many years residing on the unincorporated side and intentionally moved into
the City in 2001. By profession I am a real estate attorney and have spent many years studying the
annexation issue. I currently sit on the Tigazd Pla.nning Commission.
Attitudes and laws about annexation have changed multiple times since the 1960's. Many small
towns were incorporated during the 1960's, including Tigazd, King City and Durham in our area. '
There were few limits placed upon an area's right to incorporate. Many limited service cities were
created which remain today. As a result of this proliferation of small cities, the legislature
tightened the laws to make it more difficult to incorporate and give neighboring cities some say in
the process. This policy continued largely unchanged until the mid-Multnomah County issue of the
mid 1980's. There was a lot of controversy Iocally resulting in significant case law, but the
legislature did not make a lot of statutory changes.
Also, in the 1980's, Portland and Beaverton jostled for the right to annex areas in east Washington
County (Raleigh Hills, West Slope, Garden Home and Metzger). The public voted to join
Beaverton. The area is unique in Oregon as it is lOQ% surrounded by city; Portland on the east
and Beaverton on the west.) Less than 50% of the area has annexed to Beaverton in the
intervening years.
The Honorable Committee Members
April 26, 2006 Interim Committee Meeting
Page Two In the 1993 session, the Association of Oregon Counties got a bill through the legislature allowing
counties to get out of the business of providing urban services within 10 years. Washington
County was one of the counties supporting this act. It had enacted the County 2000 ordinance
which stated that all areas within the urban growth areas of any city would have to annex to that
city by 2000.
The method for funding the county library system was tied to this plan. Most of the buildings
belonged to the cities (two are owned by non profit organizations), and the vast majority of
funding came from the County levy. Because the intent was that all urbanized unincorporated
areas would annex, the short term subsidy by cities would disappear. Therefore, no city was
allowed to charge anyone not living in a city a non resident surcharge.
However, Washington County made a contradictory policy decision when it allowed urbanized
unincorporated areas to enact "enhanced sheriff s patrol districts". This decision undercut the
incentive for urbanized areas to annex to their neighbor city. The County did not cha.nge the
funding mechanism for libraries, library levies began to fail and resulted in a significant change in
the funding balance_ Ten years ago the County contributed about 75% of the operation cost with
the cities picking up the difference. In 2005-06 the county picked up 37-390/o of the cost with
cities picking up the difference.
In the intervening years, almost all of Hillsboro's urban growth area annexed to Hillsboro. A
relatively small portion of Beaverton's urban growth area annexed. The area around Tigard facing
a sewer crisis (much of it already an island) annexed. Much of the remaining area remained
unincorporated. Most Washington County cities maintained a very low profile annexation policy,
requiring annexation only upon development of contiguous property.
In the eazly 2000's the issue of cities being forced to allow annexation became a hot issue, and a
number of cities enacted a requirement for a vote of the people for all annexations.
This brings us to the situation leading to the 20051egislative changes. Beaverton voted to institute
a much more aggressive annexation policy. Tigard decided to seek annexation of the rest of the
Bull Mountain area within its urban growth area. The resulting uproar led to the legislation
essentially reverting the incorporation policy back to what it was in the 1960's, with no limitations.
Cities were indicted as the bad guys and double majority votes became law in the METRO
jurisdiction area.
A lot of policy decisions were not made. These are some policy issues which I think that the
legislature should think about before enacting any additional legislation.
The Honorable Committee Members
April 26, 2006 Interim Committee Meeting
Page Three
1. Should a small group of citizens preparing an incorporation petition and bailot measure be able
to determine the azea of the proposed city, requiring a majority vote only of the entire area.. Ex.
Areas 63 and 64 have been included in the Bull Mountain plan, but are very sparsely populated.
Should the voters of the developed area on the hill be able to determine the future of the cunently
rural areas of 63 and 64, or should there be a"double majority" positive vote of the residents of
each area of a proposed city?
2. Should there be a legislative policy about annexation of areas totaily surrounded by more than
one city?
3. Should counties be able to have a policy which enforces a significantly different rate for library
or other county wide services depending on whether the resident lives in or outside of the city?
Should the county be required to change the library or other service funding mechanism to an
equitable policy or allow cities to withdraw from the county district taking their "measure 50"
permanent taac rate with them?
4. Should unincorporated areas or neighboring cities have any say in how a city handles
annexation of non "cherry stem" islands totally surrounded by the city?
5. Should neighbors be able to stop a petition to annex a parcel to a city signed by the property
owner(s)? Should the public be required to pay for the right to control whether an individual
property owner has the right to annex to a city or not?
I appreciate oppomuiity to present this information to your committee, and will be glad to answer
any questions of committee members at any time in the future.
Very tnil yours,
Gretchen E. Buehner
Enclosures
Attachment 4
Communities
~ o ~ ~ Oregon For A Voice In Annexations
Promoting & Protecting Citizen Involvement in Land Use Issues
P.O. Box 1388 http://www.ocva.org tel: 541-747-3144
North Plains, OR 97133-1388 e-mail: info@ocva.org
~
a
, OFFIGERS -
CHAIRMAN ~ A ri122 2006
Jim°Thompson p ,
Turner `
ViCE CHAIRMAN To: The Honorable Bill Garrard, Chairman & Members
Rich`ard Reid House Interim Land Use Committee
l Salem .
SECRETARY Re: SB 887B Work Group and Related Annexation Issues
~ Jerry`Ritter
~ Sprinqfield UGB : Mr. Chaiiman & Members of the Committee:
~ 'TREASURER
Brian~,Beinlich . As discussions on annexation reform continue, OCVA would like to offer the following input for
Norfh P(ains your consideration:
I,DIRECTORS FIlZST: We again want to thank those of you who supported us on HB 24841ast year. You and the
Bill~Bodden great majority of your colleagues sent a strong message that citizens deserve a voice in annexation
Redmond decisions. Legislators are elected to represent "The People of the State of Oregon." That's what you
William°Boyer did. And because you did, a very onerous and unfair law was changed for the better.
Sisters '
David Dodds f; SECOND: As these discussions continue, we strongly urge all involved never to forget the root
+~West Linri ~
cause of the uproar last year. This was the fact that citizens WERE being denied a meaningful voice
j,' Kat Grhla`nts een Doy Pass le in annexation decisions. Any time citizens are denied a voice - be it in annexations or any other decision that affects them significantly - it,s a sure recipe for trouble. Most of you had the courage
a~ Kevin Frostad to take a stand and make needed changes in annexation law last year. First and foremost, let us
not cevoke those changes!
Frar~eis Gilbert
" Roaue River
,lay'Hurnphrey THIRD: We'll give you a heads up: The ink was barely dry on HB 2484 when we started getting
Estacada ; increased reports of intentional island creation through superfluous street annexations. With ORS-
~`Steve MeLaughlm, , 195 now off the table as a forced annexation tool, this is essentially the only way left for cities to
Corvallis'' forcibly execute large-scale discretionary annexations. Eugene, for example, is currently trying to
Maril n Ree.ves annex nearly 3 miles of streets in its UGB. There is no legitimate purpose for this - it is being done
` M Mrnnville to create islands. Just as the abuse of ORS-195 by cities created a citizen backlash that you had to
~:;;,,Michael Sheehanj deal with, you are soon likely to be dealing with a similar backlash over the abuse of ORS 222.750.
'3cappoose
,
i~ Don Smith FINALLY: As you will probably recall, OCVA opposed SB 887B. Our reasons were twofold. First,
the bill granted special protections to certain classes of citizens that were not granted to anyone
~ CIackamas.
+ . ~
pennisVenable else. We believed•- and still believe - that this is a violation of the "equal protection" clause of the
~ITt
r r s Albanv , Oregon Constitution. Second, Section 3 of the bill is in direct conflict with the provisions of HB
,.Zane Ziemer,. 2484 and made absolutely no sense to us.
=Florence
Kathy Sayles However, Mr. Chairman, we have supported the work group concept since you and i first discussed
Waslirnatoii Co „ it early in the session. That support has been qualified on the condition that the membership
makeu of the rou be knowled eable and well-balanced. It is onl with such a membershi
i; P g P g Y P
makeup that the work group can arrive at meaningful and doable recommendations.
4.
r n
r
I:'.: { x......
, House Interim Land Use Committee, 4122106 Page 2
We respectfully want to remind you that there is only one statewide citizens' organization focused
on annexation issues. OCVA has been at the forefront of the annexation reform effort in Oregon for
the past decade - long before the events of last year. Our legislative record in protecting "voter
annexation" ordinances speaks for itself. We have a great deal of experience and lrnowledge in
. Oregon annexation law and how it has been applied around the state. We have chapters in more
than 30 communities in Oregon and are adding more each year.
We are no more - or less - zealous in the defense of our priorities than are our long-time opponents
(The League of Oregon Cities and the Oregon Building Industry Association) in defense of theirs.
However, we are always willing to seek reasonable, workable and (most of all) fair solutions to
annexation problems.
If the 887 work group is to have a decent chance at reaching workable recommendations, its
membership must include the key players from around the state. To do otherwise would call
into serious question the credibility and integrity of the process. Ladies & gentlemen - if anyone
has earned representation on the SB 887 work group, it is OCVA. We urge you to consider these
points when selecting the work group membership.
Respectfully,
Jewry zUtew
Jerry J. Ritter
Secretary & Legislative Affairs Representative
House Interim Land Use Committee, 4122106 Page 2
We respectfully want to remind you that there is only one statewide citizens' organization focused
on annexation issues. OCVA has been at the forefront of the annexation reform effort in Oregon for
the past decade - long before the events of last year. Our legislative record in protecting "voter
annexation" ordinances speaks for itself. We have a great deal of everience and lmowledge in
. Oregon annexation law and how it has been applied around the state. We have chapters in more
than 30 communities in Oregon and are adding more each year.
We are no more - or less - zealous in the defense of our priorities than are our long-time opponents
(The League of Oregon Cities and the Oregon Building Industry Association) in defense of theirs.
However, we are always willing to seek reasonable, workable and (most of all) fair solutions to
annexation problems.
If the 887 work group is to have a decent chance at reaching workable recommendations, its
membership must include the key players from around the state. To do otherwise would call
into serious question the credibility and integrity of the process. Ladies & gentlemen - if anyone
has earned representation on.the SB 887 work group, it is OCVA. We urge you to consider these
points when selecting the work group membership.
Respectfully, '
Je*'ry 2Utew
Jerry J. Ritter
Secretary & Legislative Affairs Representative
LO
c
~ SB 887 WORK GROUP CONTACT INFORMATION
E
~
~
~ Linda Ludwi Lea ue of Ore on Cities 503-588-6550 lhidwi c orcities.or
a Steve Bryant Lea ue of Ore on Cities 503-588-6550 sbi-yapt@orcities.org
Jon Chandler Home Builders Assn 503-378-9066 0 iCl1c1t1a.le1' CI,OI'egOll}lb1.COIl1
Lisa Hamilton-Treick Friends of Bull Mountain 503-579-1203 lisa(lhamiltonrealt roup.com
Keshmira McVe
Elon Hasson 1000 Friends of Ore on 503-497-1000 elon0cfriends.org
Harlan Levy Ore on Assn of Realtors 503-362-3645 hlev ore onrealtors.or
Tim Martinez Ore on Bankers Assn 503-581-2999 Govman56Amac.com
Dennis Mulvihill Washin ton County 503-846-4441 Dennis mulvihill cr,co.washingtoil.or.us
Mark Nelson Business interests 503-363-7084 acounsel acounsel.or
Kell Ross S ecial Districts Assn 503-924-1181 Kelly(c~,westernadvocates.com
Art Schlack Assn of Ore on Counties 503-585-8351 aschlack@orlocalgqy.org
Patrick Brennan House Land Use Committee 503-986-1674 Patrick.h.brennan@state.or.us
Agenda Item No. ~
Meeting of ,Fz Q
PROCLAMATI ON -
K:.Y
f
Emergency Medicai Services Week
WHERENS, emergency medical services are a v(tal public service; and
WHEREAS, the members of emergency medical services teams are ready to provide life-saving
care w those in need 24 hours a day, seven days a week; and •
e~
WHEREAS, access to qualiry emergency care dramadcally improves the stirvival and recovery rate
of those who experience sudden illness or injury; and `
«
WHEREAS, emergency medicai servtces teams consist of emergency physicians, emergency _
nurses, emergency medlcal technicians, paramedics, firefighters, educators, adminisvators and
~ ochers; and
WHEREAS, the members oF emergency medicai services teams, engage in thousands of hours of
specialized vaintng and conUnuing educadon to enhance their lifesaving skills; and ~a
WHEREAS, Amer(cans beneflt dairy from the knowtedge and skiils oF these highly vained ~
individuals; and
WHEREAS, it is appropriate to recognize the value and the accompiishments of emergency
medical servtces providers by designadng Emergency Medical Services Week; and
- WHEREAS, (n(ury prevenUon and appropriate use of the EMS rystem will help reduce national
health care cosu.
NOW THEREFORE BE IT RESOLVED THAT 1, Cralg Diriaen, Mayor of the Ciry of Tigard, ~
Oregon, do hereby proclaim the
Week of May 14 - 20, 2006
~
Emergency Medlcai Servlces Week
in Tigard, Oregon and encouroge our cidzens, businesses and organizatlons to observe this week ~
with appropriate programs, ceremonies and activides.
Dated thB day of , 2006.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Ciry of m
Tigard to be affixed.
,
Craig E. Dlrksen, Mayor •
Gty of Tigard
Attest:
ry Recorder
~ .
~ .aF
Agenda Item # J
Meeting Date May 9, 2006
COUNCIL AGENDA ITEM SUMMARY
Ciry Of Tigard, Oregon
Issue/Agenda Title Acknowledge and Commend Krista Foltz fox Her Efforts as the Tigard High School
Student Envo to the Ci of Ti d
PYepared By: Cathy Wheadey v^ Dept Head Okay -3 City Mgr Okay
ISSUE BEFORE THE COUNCIL AND KEY FACTS
Should the City Council acknowledge and commend Krista Foltz fox hex efforts as the TigaYd High School Student
Envoy to the City of Tigard?
STAFF RECOMMENDATION
Adopt the proposed resolution.
KEY FACTS AND INFORMATION SUMMARY
Ms. Krista Foltz is the Tigard High Associated Student Body President and served during tliis school yeax as the Tigasd
High School Student Envoy to the City of Tigaxd. Ms. Foltz gave the City Council timely and infoYtnarive updates
about student activities. These activities included students' efforts to perform service and assist community members in
need. Ms. Foltz's xeports gave the communiry an opportuiuty to hear about the positive activities Tigard High School
students performed.
OTHER ALTERNATIVES CONSIDERED
N/A
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Council Goal - Improve Communication and Relationship with Citizens, including connecting Council with students in
schools.
Two target areas benefit from the Student Envoy Program:
1. Community Character & Quality of Life
Communication Goa1: The City will maximi7e accessibility to information in a variety of formats, provide
opportuniries for input on community issues, and establish effective two-way communication.
2. Schools & Education
Two-Way Communication Goal: School districts will ensure effecrive two-way communicarion to the entixe
community by regularly providing informarion about school-related issues.
ATTACHMENT LIST
Proposed resolution.
FISCAL NOTES
N/A
Tigard High Leadership
9000 SW Durham Road • Tigard • Oregon• 97224
(503) 431-5518 • FAX (503) 431-5410 http://ths.ttsd.k12.or.us/leadership/home.html
City Council Student Report: May 9,2006
2005 2006 Student Envoy: Krista Foltz
"Nothing
1. Academics
a. Students received 3rd uarter rades I
.~Activities : . q 9 ast
week
~ Pirecto,r'. •
.:~ud,;.Edt1~, f b. One month until graduation
II. Athletics
si;dent:: a. Track: JV Districts this Frida , Varsit
K.'r~stia Eoltz Districts Next week y y
:::Vice;':President:`~ b. Tennis: Districts this Thursday/Friday
;]iliian:;walker:=. c. Softball: Just came off of a win against
Tualatin
d. Baseball: Won the Pac-9 for the first time
ever
III. ArtS
::s>
a. Choir ,
:'Secretard
i. Final concert is May 23 at 7:30
ii. 1St year Tigard has not competed at
:~Tr'.:easurerState Competition O
:~Cfiarlie:'Sandtiiii. Kim Belair took 2"d in Mezzo
iv. John Pelzner took 3rd in Bass
,~iHuman.;Relatii ons:nd
v. Autumn Briggs took 2 in Alto
: r.• .
b. Band
;;pssembj;es:;~ i. Final concert May 25tn
ii. Practicing music for Graduation
iii. Derek Gufstason won 5th place for
Saxophone
Wne Ronne r r c. Theatre
i. Once Acts ran last weekend
Xii. Thespian Banquet on May 19th
en:: IV. ACTIVITIES
::TecFi';:Coordiriator:;: a. Junk-in-the-Trunk Garage Sale
::i4ustin;;Rufener.: i. Over 20 people sold items
ii. It was a great time!
b. Prom "La Bella Notte" on May 2ptn
i. Portland Art Museum
c. THS Carnival: Saturday June 3rd 11-4pm
d. Graduation Update: We've chosen our
XXIX
=r speaker Kati McKee
1%
AGENDA ITEM NO. 3- CITIZEN COMMUNICATION DATE: MAY 9, 2006
(Limited to 2 minutes or less, please) ,
The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve
your concerns through staff.
This is a City of Tigard pvblic meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony become part ofthe public tecord The names arid addresses ofpersons who attend
ot pattrcipate in City of Tigard public meetings wrll be included rr! tbe rneetirig minutes, which is a public
record. . , NAME, ADDRESS & PHONE TOPIC STAFF
Please Print CONTACTED
Name•
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address
Ciry
State Zip
Phone No.
Name•
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No. Name•
Also, please spell your name as it sounds, if it will
help the presiding officer pronounce:
Address
City
State Zip
Phone No.
CITIZEN COMMUNICATION
CITY MANAGER
CITIZEN COMMUNICATION FOLLOW UP
FOR THE MAY 9, 2006 MEETING
At the last Ciry Council business meeting held on Apri1125, 2006, the following individual(s)
testified during Citizen Communications to the City Council:
• GYetchen Buehner, 13249 SW 136`'' Place, Tigard, Oregon 97223, advised she had
questions regarding the cost-of-services repoxt issued by the Washington County
Auditor. In paxticular, she had concerns about how the information was evaluated
regarding police services and said she thought the County provided inaccurate
informarion. She suggested City of Tigaxd analyze the number of police calls the City
makes to the unincorporated axea. At the last Coinnuttee for Citizen Involvement
meeting, they learned that each member City contributes to the county-wide Special
Crimes Task Force. Ms. Buehner advised that she thinks it is impoxtant for Tigard
citizens, as taxpayers, are aware of this mattex.
• Roger Potthoff, 11710 SW Ann Street, Tigard, Oregon, Yequested the City look into
providing pedestrian safety impxovements for the Fanno Creek Trail where bicycles aYe
sharing the pathway with pedestrians. He suggested the City post signs and implement
a public information campaign to raise awareness.
i:Wdm\cathy\ccm\citizen communication follow up\060509.doc
Page 1
MEMORANDUM
~
CITY OF TIGARD
TO: Honorable Mayor and City Council Agenda Item No. V•A -al-
FROM: Cathy Wheatley, City Recorder For Agenda of Mav 9. 2006
~
~
DATE: April 26, 2006
SUBJECT: Three-Month Council Meeting Calendar
Regularly scheduled Council meetings are marked with an asterisk
May
1 Monday Budget Committee Meeting 6:30 pm, Tigard Water Auditorium
8 Monday Budget Committee Meeting 6:30 pm, Tigard Water Auditorium
9* Tuesday Council Business Meeting - 6:30 pm, Town Hall
15 Monday Budget Committee Meeting 6:30 pm, Tigard Water Auditorium
16* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall
22 Monday Budget Committee Meeting (if needed) 6:30 pm, Tigard Water Auditorium
' 23* Tuesday Council Business Meeting - 6:30 pm, Town Hall
29 Monday Memorial Day Holiday - City Offices Closed
30 Tuesday Fifth Tuesday Council Meeting - 7-9 pm, Tigard Water Auditorium
June
13* Tuesday Council Business Meeting - 6:30 pm, Town Hall
16-18 Fri-Sun Tigard Festival of Balloons
20* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall
27* Tuesday Council Business Meeting - 6:30 pm, Town Hall
July
4 Tuesday 4th of July Holiday - City Hall Closed
11 * Tuesday Council Business Meeting - 6:30 pm, Town Hall
18* Tuesday Council Workshop Meeting - 6:30 pm, Town Hall
25* Tuesday Council Business Meeting - 6:30 pm, Town Hall
I:\atlm\dty council\3-month calendar tor 5-9-06 cc mtg.doc
1
Tigard City Council Tentative Agenda 2006
Meeting Date: May 9, 2006 Meeting Date: May 16, 2006 Meeting Date: May 23, 2006
o Meeting Type/Time: Business/6:30 p.m. Meeting TypelTime: Workshop/6:30 p.m. Meeting TypelTime: Business/6:30 p.m.
Location: City Hall Location: City Hall Location: City Hall
n
Q~ Greeter: Greeter: Greeter:
Materials Due @ 5: April 25, 2006 Materials Due @ 5: May 2, 2006 Materials Due @ 5: May 9, 2006
v
~V) Study Session Workshop Agenda Study Session
z City Mgr.Performance Review - Craig P. - 30 min. Council Woodruff will be absent. Public Internet Access at the Library -
Entry Sign Design Review & Disc. Liz - 15 min. Margaret B. - 20 min.
Staff Report on House Interim Committee on Citizen Leadership Group Project Regulations Requiring Annual Residential
~ Land Use Meeting - Tom C. - 15 min. Presentation/Award Certifs. - Liz N. - 20 min. Backflow Device Inspections - Brian B. - 15 min.
Cd.~ Enhanced Citizen Participation Update - Liz N.- Consent Agenda
Consent Agenda 30 min. - SI LCRB- Purchase of Replacement Pipeline Video
Approve Bud. Amend. #12 for Family Week and Meeting with Municipal Court Judge - Bob S. / Truck - Dennis K.
TravellTraining - Bob S. - RES Nadine - 30 min. SI Consider IGA with CWS &TriMet for
Appointment to Planning Commission - Dick B. Greenburg Road Alternatives - Gus D. 30 min. Fanno Ck. Wetlands Mitigation Site -Dennis K.
RES Update on Streetscape Design Plan - Business Meeting
Business Meeting Tom C. - PPT.- 25 mins. Proclamation Declaring June 3& 4, 2006, as
Proclamation: EMS Week - Cathy - 5 min. Tigard Municipal Code Revisions - "Tualatin River NaYI Wildlife Refuge Grand Open-
Resolution of Appreciation THS Student Envoy Incorporate Privilege Tax - Gus/Nancy/Bob S. ing Weekend" in the City of Tigard - Duane R.-5
Krista Foltz - Cathy W.- 5 min. 20 min. Formal Graduation of Tigard's Community
Update from the Youth Advisory Council - Liz - "City Council Report Card" - Cathy W. - 15 min. Emergency Response Team - Dennis K.- 15 min.
15 min. - SI Exec. Session - City Attorney Update on Accept Dedicated Open Space from Venture
Wall Street Extension - PHQJ, ORD - Pending Litigation - Tom C. - 30 min. Properties, Inc. - Dan P. - 10 min.
PPT - Denver I./Tom C. - 60 min. Consider Portland Water Contract - MO
Willamette WaterCoalition Rec. - Dennis K.-10 min. Dennis K. - 20 min.
Update from Mayor/Council Members on Adopt City of Tigard/TPOA Collective
Congress of Cities Conf. - Cathy W. - 10 min Bargaining Agreement - Sandy Z. - 5 min.
Time Avail: 135 min. - Time Scheduled: 105 min. Time Avail: 200 min. - Time Scheduled: 200 min. Time Avail: 135 min. - Time Scheduled: 55 min.
Time Left: 30 min. iTime Left: 0 min. iTime Left: 80 min.
5/2/2006 ~
Tigard City Councii Tentative Agenda 2006
Meeting Date: May 30, 2006 Meeting Date: June 13, 2006 Meeting Date: June 20, 2006
Meeting Type/Time: 5th Tues/7 PM Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m.
Location: Water Building Aud. Location: City Hall Location: City Hall
Greeter: Dennis Greeter: Greeter:
Materials Due @ 5: May 16, 2006 Materials Due @ 5: May 30, 2006 Materials Due @ 5: June 6, 2006
Fifth Tuesday Meeting Study Session Workshop Agenda
Briefing on Emergency Response Exercise
Dennis K. 10 min.
Consent Agenda
Business Meeting
Meridian Park Hospital Presentation on Com-
munity Resources and Outreach - Liz N.-15 min.
Approve CIP for FY 2006-07 - PH - PPT -
Gus D. - 10 min.
Certify City provides Services Qualifying for
State Shared Revs - RES - Bob S. - 10 min.
Declare City's Election to Receive State
Revenues - PH - RES - Bob S. - 10 min.
Adopt FY 2006-07 Budget - PH - RES
Bob S.- 40 min.
Adopt Citywide Master Fees and Charges
Schedule - Michelle W. -15 min.
Briefing on Emergency Response Exercise
Scheduled for June 14 - Dennis K. - 5 min.
Metro Poll on Attitudes Toward Growth
and Land Use - Tom C. - 10 min,
Community Survey Results - Tom C.45 Min.
Time Avail: 135 min. - Time Scheduled: 160 min. Time Avail: 200 min. - Time Scheduled: 0 min.
Time Left: 25 min.over schedule Time Left: 200 min.
5/2/2006 1
Tigard City Council Tentative Agenda 2006
Meeting Date: June 27, 2006 Meeting Date: July 11, 2006 Meeting Date: July 18, 2006
Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Business/6:30 p.m. Meeting Type/Time: Workshop/6:30 p.m.
Location: City Hall Location: City Hall Location: City Hall
Greeter: Greeter: Tom I. Greeter:
Materials Due @ 5: Materiais Due @ 5: June 27, 2006 Materials Due @ 5: July 4, 2006
Study Session Study Session Workshop Agenda
Review Council Groundrules - Craig P. -
15 min. SI (or August Workshop)
Consent Agenda Consent Agenda
Business Meeting Business Meeting
Quarterly Emergency Management Program
Update - Mike L. 10 min.
Time Avail: 135 min. - Time Scheduled: 10 min. Time Avail: 135 min. - Time Scheduled: min. Time Avail: 200 min. - Time Scheduled: min. .
Time Left: 125 min. Time Left: min. Time Left: min.
5/2/2006 1
Agenda Item #
Meeting Date Mav 9, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Tide A Resolution AV12roving Budget Amendment #12 to the FY 2005-06 Budget to Increase
Appropriations in the Mayor & Council Budget for Funding of Expenditures for Familv Week and Additional
Travel and Training.
Prepared B.y: Michelle Wareing Dept Head Okay r Of Ciry Mgr Okay
ISSUE BEFORE THE COUNCIL AND KEY FACTS
Shall the City Council approve Budget Amendment #12 to increase appropriations in the Mayor & Council budget to
fund non-budgeted expenditures related to Family Week, purchase of new logo pins, and additional travel and trauung?
STAFF RECOMMENDATION
Staff recommends approval of Budget Amendment #12.
KEY FACTS AND INFORMATION SUMMARY
The Mayor & Council budget has incurred expenditures that were not included in the FY 2005-06 Adopted Budget.
The City sponsored Family Week in September 2005 and the costs related to this event that were charged to the Mayor
& Council Division were $2,448. The Family Week event was planned after the adoption of the budget, so no costs
were budgeted for the event. Also with the implementation of the new logo and identity for Tigard, new logo pins were
purchased at a cost of $1,140.
The Mayor & Council budget included appropriations for three Council members to attend the League of Oregon
Cities and the National League of Cities conferences. However, four Council members attended both of the
conferences. The additional cost related to Travel, Food, and Lodging was $4,900 and Traixung was $391.
The Mayor & Council budget does not have sufficient appropriations to cover these non-budgeted expenditures. This
budget amendment will increase appropriations in the Mayor & Council budget by $8,879 and reduce the General Fund
Contingency by the same amount.
OTHER ALTERNATIVES CONSIDERED
Do not approve Budget Amendment #12.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
None
ATTACHMENT LIST
Resolution including Attachment A
FISCAL NOTES
This resolution will transfex $8,879 from the General Fund Contingency to the Mayor & Council Division Budget
to fund the non-budgeted expenditures for Family Week, purchase of new logo pins, and additional travel and
training.
AGENDA ITEM # `
FOR AGENDA OF May , 2006
QTY OF TTGARD, OREGON
COUNQL AGENDA ITEM SLIMMARY
ISSUE/AGENDA TITLE Appointment to the Planning CoiYUni.ssion
PREPARED BY: D. Bewersdorff DEPT HEAD OK QTY MGR OK
ISSLJE BEFORE THE COUNQL
Should Council appoint Patrick Harbison to the Planning Corrunission to fill the unexpired term of former
Coirunissioner William Haack~
STAFF RECONIlVIENDATTON
Staff recommends appointing Patrick Harbison, Planning Corrunission alternate, to fill the unexpired term of
Coinmissioner Haack
INFORMATTON SLIMMARY
William Haack resigned from the Planning Corruivssion on April 26, 2006. His term as a Planning Commissioner was
scheduled to expire December 31, 2006. On Apri125, 2006, Council appointed Patrick Harbison as the first alternate to
the Planning CoiYUnission. If he is appointed to fill the vacant Planning Corrunission seat, his term will expire
December 31, 2006.
OTHER ALTERNATTVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACITON COMNII'ITEE STRATEGY
Visioning Goal # 1- The City will maX;m;zP the effectiveness of the volunteer spirit to accomplish the greatest good
for our community.
ATTACl-IlVIENT LIST
Attachment 1: Proposed resolution appointing Patrick Harbison as a Planning Corrunissioner.
FISCAL NOTES
N/A
, Agenda Item # s-
Meeting Date
COUNCIL AGENDA ITEM SUMMARY
Ciry Of Tigard, Oregon
Issue/Agenda Title U12date from the Youth Advisory Council
/~A~/~
Prepaxed By: Elizabeth Newton °f~(lUI/ 1 Dept Head Okay dciry Mgr okay
ISSUE BEFORE THE COUNCIL AND KEY FACTS
A Yeport by members of the Youth Advisory Council to update City Council members on their recent activities and
plans foY the remainder of 2006.
STAFF RECOMMENDATION
Information only. No action by Council is necessary.
KEY FACTS AND INFORMATION SUMMARY
Members of the Tigard Youth Advisory Council will report on their activities over the 2005-06 school year and theit
plans for the remaindex of 2006.
OTHER ALTERNATIVES CONSIDERED
N/A.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
2006 Council Goal "Connect Council with Students in Schools."
Tigard Beyond Tomorrow Vision Sttategy under Schools, Education and Youth "Partner with community Yesources to
address student needs to ensuxe success."
ATTACHMENT LIST
N /A.
FISCAL NOTES
Thexe is no cost associated with this xepoYt.
1:1edmViz\yac epentla Item.doc
Agenda Item # 6
Meeting Date Mav 9, 2006
COUNCIL AGENDAITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title SW Wall Street Extension - Public Hearing Ouasi-Judicial (I'HOJ
~
Prepared By: Denver Igarta Dept Head Okay City Mgr Okay G
ISSUE BEFORE THE COUNCIL AND KEY FACTS
Should the City Council approve a Comprehensive Plan Amendment, Sensitive Lands Pernzit and Tree Removal Permit
to construct the SW Wall Street extension as proposed bythe Cityof T'igard Capital Improvement Division
STAFF RECOMMENDATION
Approval of the Comprehensive Plan Amendment, Sensitive Lands Permit and the Tree Removal Pernlit by adoption
of the attached ordinance.
KEY FACTS AND INFORMATION SUMMARY
The location of the proposed SW Wall Street extension would be east of SW Hall Boulevard, south of the Tigard Public
Library, and north of the Fanno Pointe Condominiums; Washington CountyTax Assessor's Map 2S102DD, Tax Lots
200, 300 and 90000.
The prunary purpose for the SW Wall Street extension is to provide joint access to the T"igard Public Library and Fanno
Pointe Condom;r,ir„us, replacing the interim driveways which fail to meet ODOT Access Management and Tigard
Development Code m;n;mum spacing standards. The temporarydriveways off of Hall Blvd. were pernzitted to serve
the Library and Condominium sites until such time as pernianent access could be provided onto SW Wall Street.
A Sensitive Lands Review is required for proposed unpacts to wedands and drainageways on site, and a Tree Removal
Pernzit is required for trees to be removed from sensitive lands. The effect of the Comprehensive Plan Amendment
would be to remove Goa15 protection from the locally significant resources which would be impacted by construction
of SW Wall Street. The newly created and restored wetland and riparian resources will be added to the inventory of
locallysigruficant sites.
The review criteria to be considered include statewide plaruung goals and guidelines; applicable federal or state statutes
and regulations; applicable Metro regulations; applicable Comprehensive Plan policies; and, applicable provisions of the
City's implementing ordinances. These criteria are addressed in the attached staff report.
This project has undergone extensive design refinement to m;r,;,,,;ze disturbance to sensitive land areas and allow for
mitigation opportunities. Significant mitigation plans have been proposed related to the reconfiguration of Pinebrook
Creek and activities to create enhance and restore its associated wetlands.
The Planrung Comrrrission considered the SW Wall Street proposal at a public hearing on April 3, 2006 and
recommended approval of the proposed amendment by motion with a unanimous vote in f avor.
Consequences of approving the proposed SW Wall Street extension would include impacts to sensitive lands, some loss
of wildlife habitat, and removal of protection status from impacted locally significant resources. On the other hand,
consequences of not approving the proposed extension would include not addressing safety concerns for the two
interim driveways locations, continued negative impacts to doavnstream hydrology, water quality and fish passage, not
connecting the north and south segments of the Fanno Creek Trail, and loss of the extensive mitigation plan for
' Pinebrook Creek and associated wedands and the resulting habitat benefits. The impacts of this project are further
addressed in the attached staff report.
OTHER ALTERNATIVES CONSIDERED
Approve Q'A2004-00001/SLR2004-00003 & SLR2006-00001/TRE2006-00001 to 00009 with modifications, deny
the proposed project, or adopt another alternative.
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Growth and Growth Management, Goal # 6: The Caty Comprehensive Plan shall be reviewed and revised to
accommodate growth while protecting the character and livability of new and established neighborhoods; provide for
preservation of natural environment and open space throughout the community; provide for parks and altenative
transportation; and create community gathering places.
Growth and Growth Management, Goal # 7: Develop transportation infrastructure concurrendywith new growth.
Transportation and Traffic, Goal # 1: Improve traffic safery.
Transportation and Traffic, Goal # 2: Improve traffic flow.
Transportation and Traffic, Goal # 3: Alternative modes of transportation will be available and use shall be maX;m».ed.
Urban &Public Services, Library, Goal # 3: Adequate facilities available for efficient deliveryof life-long learning
prograsns and services for all ages.
Urban & Public Services, Parks & Greenways, Goal # 2: Open space & greenway areas shall be preserved and
protected.
ATTACI-IMENT LIST
Attachment 1: Ordinance approving sensitive lands review SLR2004-00003 and SLR2006-00001, Tree Removal
TRE 2006-00001 through 2006-00009, and Comprehensive Plan Amendment Q'A2004-0001 to remove Goal 5
protection from the resources to be impacted by construction of the SW Wall Street extension and to add newly
created and restored wetland and riparian resources to the inventory of locally significant sites.
Attachment 2: Staff Report
Attachment 3: Addendum to the Staff Report
: Attachment 4: Letters of Public Comments
Attachment 5: Responses to Public Comments
Attachment 6: Planning Commission Hearing Minutes
Fiscar. NoTEs
Funds are budgeted for this project as part of the Capital Improvement Program for FY 2005-2006 in the amount
of $900,0000.
Attachment 1
QTY OF TTGARD, OREGON
7TGARD QTY COUNQL - ' - - - -
ORDINANCE NO. 06-
AN ORDINANCE APPROVING SENSITTVE LANDS REVIEW SLR2004-00003 AND SLR
2006-00001, TREE REMOVAL TRE2006-00001 THROUGH 2006-00009, AND
COMPREHENSIVE PLE1N AMENDMENT Q'A2004-00001 TO REMOVE GOAL 5
PROTECITON FROM 'If-JE RESOURCES TO BE IMPACTED BY CONSTRUCITON OF SW
WALL STREET AND TO ADD NEWLY CREATED AND RESTORED WETLAND AND
RIPARIAN RESOURCES TO TEE INVENTORY OF LOCALLY SIG1vIFICANi' SITES.
WEEREAS, Section 18.775.070 of the City of Tigard Community Development Code requ.ires a
sensitive lands pernlit for development within drainageways and wedands, 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.
WI-fEREAS, Section 18.775.090 of the Community Development Code establishes special provisions
for development within I.ocally Significant wetland and riparian corridors to address the requirements
of Statewide Plaruiing Goa15 and its safe harbor provisions; and
VA-iEREAS, 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 Goa15 resources designated as Locally Significant; and
WHEREAS, pursuant to Section 18.775.130 of the Tigard Development Code, any owner of property
affected by Goa15 safe harbor protection of significant wetlands and/or vegetated areas may apply for
a quasi-judicial Comprehensive Plan Amendment under Type IV procedure; and
WEEREAS, pursuant to Section 18.380.030 of the Tigard Development Code, the Tigard Plannulg
Corrunission shall make a recommendation to the Tigard City Council on an application for a quasi-
judicial comprehensive plan amendment; and
WEEREAS, pursuant to Section 18.390.060G of the Tigard Development Code, a Type IV decision
shall be based on consideration of Statewide Plaruung 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-
Page 1
analysis or demonstrating the site no longer meets the applicable significance defined by the Goa15
administrative rule; and
WHEREAS, the City of Tigard, acting as the applicant, has requested concurrent review of the
sensitive lands pernzit, tree removal pernut, 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 Goa15 protection
from the locally significant resources to be impacted by construction of SW Wall Street as shown in
Exhibit "A" (Area 1); and
WEEREAS, the applicant has submitted plans for compensatorywetland, 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 Exlibit "A" (Area 2); and
WHEREAS, the Tigard Planning Coinrnission held a public hearing on April 3, 2006, and
recommended approval of Q'A2004-00001, SLR2004-00003 and SLR 2006-00001, and TRE2006-
00001 through 2006-00009 by motion with a unanimous vote in favor, and
WI-EREAS, the Tigard City Council held a public hearing on May 9, 2006, to consider the request for
sensitive lands perniit, tree removal pexmit 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,IEEREFORE, TEE QTY OF TIGARD ORDAINS AS FOLLOWS:
SECITON 1: Sensitive Lands Review SLR2004-00003 and SLR 2006-00001, Tree Removal
TRE2006-00001 through 2006-00009, and Comprehensive Plan Amendment
Q'A2004-00001 for the construction of the 360 foot section of SW Wall Street are
hereby approved by the City Council.
SECITON 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".
SECITON 3: Newly created and restored wedands and riparian resources shall be added to the
inventoryof protected locallysignificant resources as shown in Exhibit "A".
ORDINANCE No. 06-
Page 2
SECITON 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 vote of all Council members present after being read by
number and title only, this day of )2006.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of )2006.
Craig Dirksen, Mayor
Approved as to form:
City Attorney Date
ORDINANCE No. 06-
Page 2
Exhibit
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Attachment 2
Agenda Item: 5. 1
Hearin Date: A ri13 2006 Time: 7:00 PM
STAFF REPORT TO THE
n
PLANNING COMMISSION :
FOR THE CITY OF TIGARD, OREGON
J
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: WALI. 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: r1tm: Geraldene Moyle, AICP
Attn: Vanme 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 requesting Sensitive
Lands approval to build a 350-foot extension of SW Wall Street, east of Hall 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 r'lmendment is reqtured. 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 itnpacts to
wedands and drainageways and the proposed reconfiguration of Pinebrook Creek,
a tributary to Fanno Creek. A Tree Removal Pemut 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 concu=rent
review of all these permit applications.
Phase I of the SW Wall Stteet 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-pear 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 ununproved right-of-way, east of SW Hall Boulevard, south of the
Tigard Public Library, and north of the Fanno Pointe Condominiums; Washington
Counry 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 minunum lot size of 3,050 square
feet. A wide range of civic and institutional uses are also pemutted conditionally.
Wr1I.L STREET EXTENSION - STAF'F REPORT TO THE PI.ANNING COINLMIISSION PAGE 1 OF 30
CPA2004-00001 /SLR2004-00003/SLR2006-00001 /TRE2006-00001, 2,3,4,5,6, 7, 8& 9
~
COMP PLAN: Medium-Density Residential and Open Space.
APPLICABLE
REVIEW
CRITERIA: Community Develo ent Code (I'DC) Chapters 18.380, 18.385, 18.390, 18.510,
18.725, 18.775, 18.7~0,m 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 Petmit and the Tree Removal Permit will not adversely affect the health, safety
and welfare of the City and meets the necessary approval critetia. 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 SHALL 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. rlrmy 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 Engineets wetland permits and in the water qualiry certification issued by the Department
of Environmental Quality as part of the Corps of Engineers pertnit Submit the monitoring report
to be prepared foi the Oregon DSL and the US Army Corps to the City of Tigatd 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 pemut conditions. • In carrping out the tree removal plan, any non-native uees 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 numbet
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 fiirther 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 Ciry's Transportarion 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 TI-E PLANNING CONIIvIISSION PAGE 2 OF30
CPA2004-00001/SLR2004-00003/SLR2006-00001/TRE2006-00001, 2, 3, 4, 5, 6, 7, 8& 9
and techniques to alleviate congestion and 'unprove tcansportation 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 Stteets. 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 txaffic issues the city faces.
The proposed road is classified as a collector which is described in the TSP as providing "both access and
circulation with.in and between residential and commercial/industrial areas. Collectors diffet 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
123.1 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 fot 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 Rivexkeepers who uutially opposed the project, but following
some site plan revisions had indicated theiu 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 regatding the future Wall Street was included in the original
report for the Fanno Pointe Condo's:
Becasr.re the timing of the Iibrary p~nject unll likely !ag behind thi.r p~nject, the applicant will need an interim
aae.r.r onto Hall Boulevard to r port the develo merrt. Their ultimate acces.r wr!l come mm Wa!! St~et,
which will be con.rtrzrcled in pa by the Ci . 1 he City and the applicant have di.rcur.red the rreed for an
interim access onto Hall Boulevard u.ith OOT, and ODOT ha.r agned 1o a!!ow the aaef.r in the location
shorvn on the applicant'.r plan.r...Ther~fore, the interim acce.rs onto Hall Boulevard may be able to be
completely rrmoved once the Wal! Street acce.r.r is conttructed...
Wall Strpet
Thi.r rnadway is cla.r.rifred a.r a thrre-lane collector .rtreet that will eventually connect betrveen Hal! Boulevard
and Hun~zker St~et to the east. In order 1o conrrect to Huntiiker Street, a cros.ring of the railmad KOW
will be needed. That appmval har notyet been obtained. However, the .rtrret can be extended fmm Hal!
Boulevard to a point rvherr acce.cr can be pmvided p both the Library and Fanno Pointe. Acce.r.r point.r for
the hvo pr»jectr unll align acro.r.r from each other. "
In April of 2003, the City received approval to construct the Tigard Public Library. A nutnbet of road
unprovements 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:
SlY/ Wa11 Strret
Wall Strret is cla.r~ified a.r a three-lane collector .rtiret urith bike lane.r. It i.r to pmuide an ultimale coirnection
between Hall Boulevard and Hun#ker Strret to the eart. A 70 foot ROW rvidth is rzquired for thi.r .rtnet.
The applicant plan.r io dedicate RO [Y/ for Wa1! Street a.r a part of thi.r pmject. The applicant .rhould only dedicate thi.r KOW if the Wall Strret LID project is appmved in the pmpoted location.
A preliminary alignment .rtudy was conducted by the City to determine horv and where thi.r street rvould need
' Case file number SDR2002-00012, p.24
WALI. STREET EXTENSION - STAFF REPORT TO THE PLi1NNING CUNIIvIISSION ' PAGE 3 OF 30
CPA200400001 /SLR2004-00003/SLR2006-00001 /TRE2006-00001, 2, 3, 4,5,6, 7, 8& 9
to cm.rr Fanno Creek and the railroad ROW to the ea.rt. Four option.t were con.riderrd, with the location
near the .coutherrr Gorder of this .rite being the finalist. The other option.r that were con.ridered rr.rulted in more
impact to Fanno Crrek and the a.rrociated wetland area.t adjacent to the crrek.
If the City obtain.r appmval to con.rtnrct thit roadway, the con.rtrrrction would Ge in phases, urith the fir.rt
pha.re rimply providirrg a full-width inrprovement from Hall Boulevard a di.rtance of appmxzmately 475feet
to a point wherr aaes.r into the library rite and the Fanno Poirrte rzte can be achieved. Thi.r firrt pha.re can be
con.rtructed without impact.r to Fanno Creek or the railmad. A.reparate ort to deal with the cizek arrd
railroad crn.r.rirrg unll continue beyond the rcope of the library pmject.
A.r wa.r stated previou.rl.y, the con.rtnrction o. f Wal1 Strzet is pmpo.red in two pha.re.r, unth the frrrt phare Geiirg
a segment beginning frnm Hal! Boulevard and funded partly by the City and partly fmm TTF funds, and the
.recond pha.re being a LID. The Wall Street prnject ir not part of the library priject. The library prnject can
be .rerued alone by the driveway configuration .rhosvn on the plan. This configuration will accommodate the
future corr.rtruction of the fir.tt phase of Wal! Street, .rhould it be appmved in the location de.rirrd Gy the City.
Should the [Y/all Street project be delayed, the liGrary pmject can move fonvard urith the dnvervay plan a.r
.rhown. Thir provi.rion has al.ro been di.rcu.r.red with ODOT. "2
On March 23, 2004, the Ciry 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 ptoject 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, tlie original proposal for Phase 1 was further revised to muumize the impact to
sensitive land areas and meet local planning requirements. As a result, the length of the proposed roadway
was teduced from 425 feet to 350 feet in order to avoid development within the 100-year floodplain by
shifring 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 direcdy between the Tigard Public Librarq and the
Fanno Pointe Condominiutns west of Fanno Creek. The zoning in this area is R-12 Mediutn 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 perniit
applications following final outcome of the comprehensive plan amendment However, in the case of an
amendment to remove Goal 5 protection, the development code tequires 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 unpacts have been or could be furthex minimi7ed. For this proposal, at the request of the
applicant, the subsequent permit activities are to be heard concurcendy with the lcomprehensive plan
amendment. This will give decisiorunakers a better idea of the full extent of the proposal and gives the
applicant better assurance of feasibly completing the project after issues surtounding the comprehensive plan
amendment are decided. This consolidated request adds complexity to the application that will be addressed
Z Case file number CUP2003-00001, p29
WALI. STREET EXTENSION - STAFF REPORT TO Tf-IE PI.ANNING COAMISSION PAGE 4 OF 30
CPA2004-00001/SLR2004-00003/SLR2006-00001/'I1tE2006-00001, 2, 3, 4, 5, 6, 7, 8& 9
fully in the subsequent analysis.
Phase 1 of the Wall Street extension will provide a 350 foot section of roadway. The right-of-way (ROXV) 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"a
Avenue between Hunziker Street and Bonita Road or north-south connections from Hunziker Street to
Bonita Road between Hall Boulevard and 72°d Avenue. However, this application is only for the 350-foot
extension to serve the Tigard Library and the Fanno Pointe Condos:
Locally Significant Wetland
This first phase encroaches into wetlands and vegetated comdor that are shown on the "Wetland and
Streams Comdor Map" as "Locally Significane'. An area of apptoJCimately 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 N procedure. Impacts to the
wetland will be mirigated with stream channel and wet]and creation (0.08 acres), wetland enhancement (0.29
acres) and wetland restoration (0.20 acre). The stream channel and adjacent wetlands will be reconstructed
slighdy south of their existing location.
Drainageway
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 currendy 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 natrow (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 colverts that do not allow fish passage (totaling approxiinately 170 feet in length). The area of
vegetated corridor impacted by the proposed improvements totals 18,429 sf (0.42 acres). The proposed
vegetated comdor 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
tlows of Fanno Creek. The current confluence does not allow fish passage since there is presendy 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 Eloodplain. The watetmain extension
included in the roadway does not extend into the 100-year Eloodplain and its elevation is above the floodplain
to preclude floodwater from infilttating 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 perfortned 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 subtnitted a Tree Plan (r'lttachment 9c) prepared by a registered consulting
arborist Within the project impact area, including areas where xestoration 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 diametei. Of the total, 15 trees will be saved and..10 trees have been identified as dead or hazardous
(not requiring a pemut for removal). However, the applicant is proposing to remove 12 existing trees ftom
sensitive lands area, which requires a tree removal permiL
The numbet of trees that are greater than 12 inches diameter total 18 trees. Nine of these trees (50%) are
proposed fox removal. The total numbet of caliper inches represented by this removal is 182 caliper
inches. The"amount of mitigation required is based on SO 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 Pertnits
0 18.390 Decision Making Procedures 0 18.510 Residential Zoning Districts
0 18.725 Environmental Perfortnance Standards
0 18.775 Sensitive Lands Review
0 18.790 Tree Removal
0 18.795 Vision Clearance Areas _
0 18.810 Street and Utiliry Improvement Standards
• Applicable Comprehensive Plan Policies
• Applicable Metro Standards
• Statewide Planning Goals
❖ City Department and outside agenry 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 N procedure to
remove Goal 5 pxotection 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, latet 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 comdor and wetland resources identified as
significant on the "Wetlands & Stream Corridoi" 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 Pernut and a Tree Removal Pernzit. 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 D'uector but include provisions for
public notice and opportunities for appeals. Type III procedures apply to quasi-judicial permits
and actions that contain predominandy 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 rnade by the City Council.
This application includes all fout 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
applicarions in one proceeding and the hearings shall be held by the approval authority having oria nal
jurisdiction over one of the applications under Section 18390.100C in the following order of preference:
the Council, the Conunission, the Hearings Officer, or the Director. Therefore, this applicarion 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 rnap amendment shall
precede the decision on other actions; and the separate actions shall be taken on each application.
Chapter 18.390.050 B2e states that applications shall include an impact study to quantify the effect
of the development on public facilities and services.
The pertnit application includes an impact study (Attachment 8) that addresses the impacts on tlie
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 O:egon 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
tegulations, Metro reguladons, City's Comprehensive Plan policies and provisions of the Ciry'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 m;nimum 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 Ll 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 condirioned by the wetlands pemuts 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 utiliries 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 Adminisuative Provisions
A1. Interagency Coordination. The necessary permits fot all "development" shall include a CWS
Service Provider Letter.
An amended service provider lettet 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 capaciry 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 Wedand Mitigation Plan, the City of
Tigard will be responsible for mauitenance of the mitiganon site during the 5-year monitoring penod.
Maintenance recommendations for corrective action will be included in the annual wetland morutoring
reports, and. these actions will be implemented as needed. The Plan goes on to explain that long-term
protechon of the mitigation site will be ensured by placing deed restrictions over the mitigation site
properties owned by the City of Tigard and the Fanno Pointe Condominium Owners Association.
Accordins to condihons of the CWS Service Provider Letter (as stated in Attachment 11), maintenance
and momtoruig, 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 cvill
minimize the potential for flood damage.
The proposed roadway improvements will not be located within the 100-year floodplain. The watermain
extension uicluded 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.
18.775.050 General Provisions for Wetlands
A. Code compliance re uirements. Wetland regulations apply to those areas classi5ed as
significant on the City o~ Tigard "Wedand and Sueams Comdors Map", and to a vegetated
comdor ranging &om 25 to 200 feet wide, measured horizontally, from the defined boundaries of
the wedand, per uTable 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 sigmficant wetlands
(E-18, a manmade pond along Pinebrook Creek, and E-19, associated wetlands). The extent of the
vegetated comdors as determuied by CWS are shown in the applicant's Attachment 11. The proposal is
therefore subject to sensitive lands review for wetlands.
B. Delineation of wedand boundaries.
Precise boundaries may vary from those shown on wedand maps; specific deGneation of wetland
boundaries may be necessary. Wedand delineation will be done by qualified professionals at the
applicant's expense.
Thtee 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 was prepared by Pacific Habitat Services in 2003. A wedand deluieation report fot the adjacent was
prepared for Fanno Pointe Condos by Rhea Environmental Consultants ul August 2002. The
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consolidated delineations are shown in the existing conditions drawing as part of the DSL and Army
Corps pertnit application (Attachment 5- Sheet 2a and 2b).
The extent of the vegetated cortidors as determuied by CWS are shown in the appli cant'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 perfortned 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 requited 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 Sectton 18.775.020 C2, stream and
wedand restoration and enhancement programs performed undez the direction of the Ciry are exempt
from the sensitive lands provisions.
18.775.070D. Within drainageways.
The appropriate apjproval authonty shall approve, approve with conditions or deny an application
request for a sensitive lands permit within drainageways based upon findings that all of the
following criteria have been savsfied:
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 altematives analysis for the project that demonstrates that the proposed
impacts are the tninimum practicable for the project goal (Attachment 6). In addition to selecting the
most feasible and least impacting road alignment, unpacts are further reduced by removing much of the
nter strip along the south side of the road to maintaui as great a distance as possible from the resource.
Rase 1 of the project was recendy redesigned to recluce the impacts on sensitive lands to minimi>e
distucbances to the greatest extent possible given the project requirements. The length of the proposed
roadway was reduced from 425 feet to 350 feet, thus reducuig the vegetated corridor unpacts for Phase 1
from 24,274 sf to 18,429 sf (0.42 acres). The ptoposed vegetated corndor impacts are suuunarized 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 mimmize the amount of vegetated comdor and wetland impact. A
vegetated corridor miti~ation plan has been approved by Clean Watex Services as part of the issued Service
Provider Letter.llus cntena 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 constnzction
documents which includes erosion control features and notes that the erosion control measures shall
comply with Erosion Prevension and Sediment Control Plannuig and Design Manual developed by Clean
Water Services (CWS) and Field Manual for Erosion & Sediment Conttol prepared by ODOT. The
erosion plan will addcess temporary and iminediate 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 unplemented for the long term protection from soil migration. _
Condition: The project will additionall y meet the erosion control and water quality conditions
contained in the DSL and Corps of Engineers wetland pertnits 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 Contcol prepared by
ODOT.
3. The water flow capaciry of the drainageway is not decreased;
Approximately 550 linear feet of new stream channel will be reconstructed to mitigate for the appropriate
276 linear feet of Pinebrook Creek to be impacted. As part of the Library project (and_ Hall Blvd.
widening), basin hydrology and culver hydraulics were investtgated to set the parameters for continuing
stream relocation. Currendy, the stteam is twice culverted (24" pipe) for a lenA of 170 feet and not
designed for fish assage. The reconfigured stream will be culverted once (57 ~i 38" ipe-arch for a
distance of 65 feet~at the same design capaciry as the Hall Blvd culvert (to carry 25-yr flow!i and will meet
fish passage requirements. Waterflow calculanons for the Pinebrook culvert at the Fanno Pointe access
were made using the Hall Boulveard flows to detemune the runoff conttibuting 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 luie for both 2 year fish passage and
25 year storm flows would be accommodated by a 36" culvert. Given the increased capaciry of removuig
the two smaller culverts and adding a larger (57" X 38") culvert, the application demonsttates 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 altetation 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 conttol and vegetated corridor mitigation/planting plan that
addresses such measures as approved by CWS and the Ciry of Tigard Engineerin . The Phase 1 vegetated
corridor replacement area is located both west and east of Fanno Creek an~ totals 18,829 sf. Plant
quantities for this area include 482 trees and 2,411 shrubs. Disturbed areas will be planted upon
completion pf the construction phase. This criterion has been satisfied.
5. The drainageway will be replaced by a ublic faciliry of ade uate size to accommodate
maximum flow in accordance with the adoptecf1981 Master Drainagelan;
The new culvert and remainuig 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 whicli is cutrendy 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 requitements. The
Library project uicluded a 30-foot wide by 100-foot long stormwater treattnent swale that was constructed
to accommodate the additional Wall Street unpervious surface runoff, maintaining the same characteristics
and capacity. Water qualitp calculation for the Library Project with Wall Street including swale ditnensions
and design parameters are included in the file (Attachment 13, Stortnwater 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. Artn Corps of Engineers
(Corps #200300137), and the Oregon Division of State Lands (DSL #31719-RF~ approvals for both
phases of this project. This critenon 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 tloodplain in accordance with the Com rehensive Plan. T`his area shall
include portions of a suitable elevation for the construction o~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 gteenway.: This project will connect the
recendy constructed segment of the Fanno Creek Trail on the libtary site with the existing segment of trail
along the east side of the Fanno Pointe Condos. The conditions related to trail construcuon satisfy the
reqwrements 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
satis5ed:
1. The proposed land form alteration or development is neither on wedand in an area designated
as sigru5cant wedand on the Comprehensive Plan Floodplain and Wedand Map nor is within the
vegetaave corridor established er "Table 3.1 Vegetative Corridor Widths: and "Appendix C:
Natural Resoutces Assessments' of the CWS "Design and Construction Standards," for such a
wedand; '
The proposed encroachxnents will in fact impact the vegetated comdor and wetland resources identified as
sigciificant on the "Wedands & Stream Corndor" map, thus the applicant has applied for a comprehensive
ptan amendment as provided for in TDC 18.775.130. In doing so, these critena will not apply to those
unpact areas. The remainder of the wetlands and vegetative corndor that are beyond the project unpact
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
cleazly defined in order to rninuiuze disturbance of these areas.
2. The extent and nature of the proposed land form atteration or development will not create site.
disturbances to an extent greater than the minimum required for the use;
The applicant has conducted an altematives analysis for the project that demonstrates that the proposed
impacts are the minunum practicable for the project goal (Attachment 6). In addition 'to selecting the
most feasible and least impacting road alignment, unpacts are further xeduced 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 360 feet in order to
avoid development within tFie 100-year floodplain. In addiuon, a retainuig 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 mit~ation plan has
been approved by the U.S. Army Corps of Engineers and the Oregon Departtnent of State ~ands.
3. Any encroachment or change in on-site or off-site drainage which would adversely impact
wetland characieristics have been mitigated;
The applicant has provided a delineation of the wetland and a compensatory wetland mitigation plan, and
has gauied 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 hydroIogy, and
additionally stormwater treated by the water quality facility on the library site will be discharged into the
wetland area to maintain its hydrologic characteristtcs and ensure that wetlands are not adversely effected
by development.
Condition: The applicant shall caLry out the wetland/vegetated comdor 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 control provisions of the Surface Water Management program of Washington County
must be met and areas not covered by structures or impervious surfaces 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 Engineenng Department. Phase 1 mitigarion will
consist of wetland creatton (0.08 acres), wedand enhancement (0.29 acres) and wetland testoratton (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 tequirements of the Sensitive Lafidg c'hapter 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. Arm Corps of Engineers
(Corps #200300137), and the Oregon Division of State Lands (DSL #31719-R 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 xe ort is included in the file (Attachment 9) Tree Removal provisions are addressed later under
Chapter 18.79~ in this report.
8. Physical Limitations and Natural Hazards, Floodplains and Wedands, 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
Limitanons and Natural Hazards and Wetlands aze addressed under Poliry 3.1, Floodplains are addtessed
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 SigniScant Wedands 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 pettaining to wetlands, all wetlands classified as
significant on the Ciry of Tigard "Wedands and Streams Comdors Map" are protected. No land
form alternations or developments are allowed within or partially within a signi5cant wedand,
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 Cortidor Map". The applicant has applied for a Comprehensive
Plan Amendment under a Type N procedure to remove Goal 5 ptotections 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 nile pertaini ng 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 comdor
designated as significant on the "Wedands and Stteams Corridor Map". The applicant has applied for a
Comprehensive Plan Amendment under a Tppe N 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 properry affected by the Goa15 safeharbor (1) protection of significant wedands
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 Goa15 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 "insigni5cant":
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.
L The analysis shall considex 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 Stteet project. The applicant's
analysis uses the tabular format that has been utilized by the Tualatin Basin Parmers 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. T'he final alignment was recommended by project biologists to both minimize impacts and allow for mi.rigation 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 Tigatd Library
Site); limit the conflicting use identified as Alternative 9(Connect Wall Street to Hall Boulevard at the
same location as the preferred altemative and shift the remaining roadway northerly to minimize impacts
to Pinebrook Creek); and ptohibiting 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 sttong 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
Transportarion 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 gtidlock during peak hours. The energy
consequences are most obvious when traffic is at a stand still and burn fuel while idling. In addition,
increased enetgy costs to car opexators, comtnercial 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" altemative which include
reduction of potential loss of passive recreational and educational opportunities, scenic benefits, change to
area charactex and improved road safety. •
FINDINGS: Staff finds that the application presents sufficient evidence justifying the requested
comprehensive plan amendtnent and reconfiguration of the natural resource. The alternatives analysis
identifies nine feasible road alignment oprions 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 recendy 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 h}Tdrology
and water qualiry has resulted itom 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
currendy 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 strearn channel and
associate wedands, 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
wedand habitat will provide a long-term net benefit to water qualiry and fish habitat. The report concludes
that completion of the proposed mitigation activities (including the reconfiguration of Pinebrook Creek
and wetlands) will create the capabiliry for proper functioning at the site, and will likely result in an
increase in the total area of propexly 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 n4emo 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 foi providing adequate
stacking length for left turn movements both into the librarST site, and onto SW Hall Boulevard
(attachtnent 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 subtnitted a study analyzing the amount of
hirning lane stacking distance needed. Staff asked that the applicant specifically to look at the limited
impacts of these two traffic. genetators, 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 ttansition zone east of the tum lane. T'he 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 Fanrio PointeCondos (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 alignrnents to minimize the impact to habitat, the Iloodplain, and wetlands._ There
ate 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 Goa15 ESEE analysis;
According to the applicant's narrative, the analj sis 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 Comptehensive Plan, and the "Tigard Wedand and Stteam Corridor Map" shall be
amended to remove the site from the inventory.
The applicant has submitted mapping materials including updated natural xesource 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 teview
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 uee plan shall include the following: the location, size and species of all existing trees
designated as signi6cant; a program to save existing trees or mitigate tree removal over 12" in
caliper, trees wtuch are proposed to be removed, and; protection program de6ning 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 exusting trees; a program to save or mitigate fot 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 WALL STREET EXIENSION - STr1FF REPORT TO THE PLANNING CODMSSION PAGE 16 OF 30
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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 Qreater 12roposed for removal: Tota1= 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: Tota1= 10 trees
#S hazard, no permit required) #31 (hazard, no pernut required)
#7 (hazard, no permit required) #33 (hazard, no perniit required)
#17 (hazaxd, no permit required) #39-40 (hazard, no permit required)
#20 (hazard, no pernlit required) #50 (hazard, no permit required)
#26 (hazard, no permit required) #53 (hazard, no permit required)
Trees 6" or greater proposed to be saved: Tota1= 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 (97, 73;, 611, 6", 5", 4" willow)
#41 (8",6" hawthorn) #54 (24" alder)
#42 (9",8",3",37', 3" hawthom)
Total #of uees: 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 reyuires that 50 percent of
the trees to be removed be mitigated.
For the purposes of calculating the amount of required mirigarion, 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 SO percent of the total caliper inches removed, which equals 91 caliper inches.
The applicant's planting plan proposes mitigation that significandy 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 reyuired. 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 percnit
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 pertnit. 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 simiiar 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 tlows; 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 Counry Unified
Sewerage A.gency 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 Prevensiori 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 unmediate 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 comidors, as de5ned as 50 feet from the boundary of the stream or
wedand, 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 ttees, totaling 182 caliper inches, fcom 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 wedand corridor will xesult 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 mirigation is 24,142 sf. 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.
Cha.pter 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 ot tree), exceeding three feet in height, measured from the top of the curb, or where no
curb exists, from the street centet 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 axea.
18.795.040 A. Arterial streets. On all designated arterial sueets 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
stceets. The road extension plan (Attachment 4C) shows 35-foot clear view tdangles 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 porrions 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 Condominiuxns. The extension of Wall Stxeet is identified in the Transportation System Plan
(TSP), a subdocutnent to the Ciry'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 muumum 70
foot wide section is required. The applicant is proposing a 72 foot wide right of way to accomrnoiiate an
additional2 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 tlie
curb and the sidewalk shall be required in the design of streets, except where the following conditions
exust. 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're"sult
from providing this plantet 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
Condomuuums.
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 ttaffic.
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 xoadway 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 Dtainage
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 Stteet including
swale dimensions and design parameters are included in the file (Attachment 13, Stormwater Report, Appendix D).
18.810.110. Bikeways and Pedestrian Pat6ways '
T'he project includes G-foot wide bike lanes on both sides of Wall Street as required fot collector stceets.
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 analpsis above, staff finds that the applicant has satisfied the applicable review
cxiteria 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 plannirig process.
This poliry has been met by complping 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 Wedands
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 wedands on the floodplain and wedands map.):
a. Areas meeting the definition of wetlands under chapter 18.26 of the Communiry Development
Code;
b. Areas having a severe soil etosion 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 fouc test pits (in 100 foot intervals) along the Wall
Street alignment and finding were sl,mmarized 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 slutnping, 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 conttol issues. The report covers the oxiginal proposed 425-foot Wall Street
extension, which was recendy shortened to 350-feet to avoid the floodplain.
3.2 Floodplains
3.2.1 The City shall prolubit 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 watertnain 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 ttie 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 wedands on the
IIoodplain and wedands map. No developrnent shall vccur on properry adjacent to areas
designated as significant wetlands on the tloodplain and wedands map within twenry five (25) feet
of the designated wedands 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 1V 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 tloodway*, 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 speaifically identified for
recreation within the plan.
The property already belongs to the City and/or has been dedicated as gteeriway,. This project will connect
the recently constructed segm ent of the Fanno Creek Trail on the library srte 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 Goa15, 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 speci5c natural features, valued for the need to protect
natural areas.
These areas have been designated and are idenrified as being within sensitive land areas, primarily wetland
and drainageways. The alternatives analysis states that the proposed alignment would impact the
Pinebrook Creek riparian corridox and wetlands. Pinebrook Creek provides habitat foi a variety of animals _
that are stricdy 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
invextebrates, 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 wedand 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 Turde, a federal
Species of Concem (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 turde barrier (of fencing or dense
shrubbery) along the new road. The assessment also indicates that the proposed wetland and vegetated
comdor mitigation will improve access and winter cover for turtles.
The recent redesign of Phase 1 will reduce the impacts on sensitive lands to tiinimize 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 comdor impacts for Phase 1 from 24,274 sf to
18,429 sf (0.42 acres). T'he proposed vegetated corridor impacts are sutnmarized in the file (Attachment
11, Figure 1). The redesigned Phase 1 also includes a retairung wall along the eastem edge of the Fanno
Pointe Condos access to minimize the amount of vegetated corridox and wetland impact Currendy, 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 maxunum extent possible;
This policy is addressed through the sensitive lands chapter of the development code.
d. Address Goa15 rule Requirements pertaining to the preservation of wedands once adequate
information on the location, quality, and quantity of wedand sites is obtained. This Goa15 review
will include determining which wetland sites are ecologically and scienti6cally signi5cant.
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Citizens will participate in making policy recommendations for the protection and presetvation of
those wedand areas designated as significant. The City shall complete its Goa15 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 Ciry 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 tloodplain 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 witlun or adjacent to the 100-year floodplain, the City shall
require the considetation 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 recendy constructed segm ent of the Fanno Creek Trail on the library site with the existing segment of
trail along the east side of the Fanno Pointe Condos.
3.5.4 The City shall provide an interconnected pedesuian/bikepath throughout the City.
This project will connect the recendy constructed segment of the Fanno Creek Trail on the library site
with rhe e~cisting 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 wit6 t6e service d.istricts 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.
Currendy, 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 capaciry 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 15` Phase of the Wall Stteet extension. Drainage will be conveyed to a stormwater
tteatment 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 contcol plan (refer to Attachment 4D) with finat 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 uansportation 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 faciliaes 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 stteets.
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 traf6c on local residential streets through
a neighborhood traffic program. The program should address. corrective measures for existing
problems and assure that devetopment incorporates traf5c calming.
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Not applicable to this application. Wall Street is classified in the Transportation System Plan (I'SP) 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 temunate 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 we,ll as motor vehicle and pedestrians are accommodated in the
design.
8.1.3 Suive 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 prioriry and through a comprehensive program of engineering, education and
enforcement.
T'hese standards are achieved through the requitements 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 Tide 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 tesource
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 resouxce areas. The Clean Water Services
standards are intended to comply with Metro's Tide 3. The proposed development, therefore, does not
conflict with Tide 3 requirements.
Metto Functional Plan Tide 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 mobiliry. The RTP
replaces Metro Functional Plan Tide 6. The City has adopted the Transportation System Plan which implements and adheres to the requirements
of the Regional Transportation Plan.
Metro Functional Plan Tide 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 fot the protection of the public health and safety, and to maintain and improve
water qualiry throughout the region.
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Tide 13 is part of the regional approach to implement Statewide Planning Goal 5. As part of the proposed
project, wetlands, vegetated comdor 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 (LJSACE) 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 Environtnental Services
found that completion of the proposed mitigation activities _(including the reconfiguration of Pinebrook
Creek and wetlands) will create the capabiliry 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 pzoject has addressed the
relevant policies contained in the Tigard Comprehensive Plan .
Statewide Planning Goals
Statewide Planning Goa! 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 befote the Planning Commission and the second before the Ciry Council) at
which an opportunity for public input is provided.
Statewide Planning Goal2 - Land Use Plarrning:
This goal outlines the land use plannuig 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 fox amending the Code consistent with
Goa12. As discussed within this report, the proposed amendments comply with the Development Code and
Comprehensive Plan criteria.
Statewrde Planning Goa! 5- 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 resaurces.
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
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the protection to the wedands, and relocate the waterway. This is being done as a Comprehensive Plan
Amendment to remove the Goal 5 protections from the properry through preparation of an
Environtnental, Social , Economic and Energy (ESEE) analysis. The review process also requires
compensatory mitigation and reestablishment of the wetland area. Once the new wedand 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).
Statewrde Planning Goa! 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 Goa111- Public Facilities and Services
This goal is intended to plan and develop a timely, ordetly 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 deternuned
unsafe by not meeting ODOT spacing standards. The proposed Wall Street extension will enhance safery
and access to the Tigard Public Library and connect the north and south segments of the Fanno Creek
Trail.
Statewide Planving Goal IZ - 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 recendy amended'to ensure consistency with both the
Transportarion 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 unprovements identified in the TSP as part
of its comprehensive tsaffic 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 unplements 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 Plannuig Goals.
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State or Federal Regulations
Oregon Revised Statutes, ODOT Authority 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 wedand requirements within the state. These
statutes are administered by Division of State Lands.
Federa! Clean WaterAc4 section 404
T'he 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 wedand fill (Attachment
5).
SECTION VII. OTHER STAFF COMMENTS_
The City of Tigard Police Department Crime Prevention Officer has reviewed the proposal and has no
objectton to it. The Development Review Engineer and Public Works Project Enguneer 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 tlie 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 fot the tree removal plan that any non-native trees shall be girdled and
left as snags rather than removed to ptovide habitat in areas where there are no safery issues.
SECTION VIII. AGENCY COMMENTS
The US Army Corps of Engineers has reviewed the proposal as part of the wetlands pernut process and
submitted conditions of approval (Corps #200300137) wluch are included with the appfication.
Metro - Land use and Planning was given the opportunity to review this proposal and submitted no
cotnments or objections.
Oregon Department of State , Lands has reviewed the proposal as part of the wetlands pertnit 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
opportuniry to review this proposal and submitted no comments or objections.
Clean Water Services has reviewed the proposal as part of the vegetated comdor 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 objecnon to it.
Comcast Cable Corp, Portland General Electtic and NW Natural Gas Company were given the
opportunity to review this proposal and submitted no comments or objections. .
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3-2Z- flC,
. PREPARED B: Denver Igarta DATE
te Planner
REVIEWED. BY: Richard BewersdmA DATE
Planning Manager
0
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Attachment 3
= MEMORANDUM
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 Apri13, 2006.
2. In multiple places within the staff report (pages 5, 11, 23, & 25), the two exusting Pinebrook
Creek culverts planned for removal are classified as 24 inch pipe for a length of 170 feet. In
actualiry, 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 Tide 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
Tide 6 have been incorporated into Chapter 6 of the RTP.
Attachment 4
23 March, 2006
SUBJECT; PUBLIC HEARING NOTICE
Explain to me if you can how an extension of Wall St. from Hall Blvd. is going to improve
accessfor
emergency vehicles as it does nothing to address the garages and driveways issue. This
is an incredible
waste of tax money to future aid the business community down the line.
Add to that the impact on the proposed extension of Pinebrook Creek. The wetiands are
home to the ENDANGERED red-legged frog,Blue Heron, Bald Eagle, etc. And just how much flooding is
going to '
occur from Pinebrook Creek?
There is absolutety no justification for the removal of 2 huge, beautiful and healthy
deodora cedars.
They add protection, privacy and beauty to our property which you will be destroying.
Then there will be the increase in our property taxes and you think throwing in some fish is
going
to pac'rfy us??? I don't think so.
aN.tJla- ~ 1
J
Pamela Sig~r
13694 SW Hall Bivd. 6
Tigard OR 97223
copies sent to Vannie Nguyen; Group Mackenzie; The Management Group
; - ~
r~; If
; i ~'•'C,~ 4. i
~ ~
_r` 'UFq 1~
Leander P. Clifford mECEIVED
8163 SW Fanno Creek Drive
Tigard, Oregon 97224 ~OQ~
APR L
March 26, 2006
~
File Title: WALL STREET EXTENSION
To Whom it May Concern:
I oppose th.is proposed project. It will either enhance or
degrade the natural habitat. Common sense holds that it -
will degrade the natural habitat. This project is just
another examp,le of the relentless attempts to justify
encroachment upon the natural habitat.
Of course, the sub-rosa plan is to extend, piecemeal, the
project across the entire wetlands, including Fanno Creek,
and east of the railroad, so that a few can develop their
interests and line their pockets. The plan will not
resolve the issue of. congestion of the Hall Blvd./99th/72nd
corridors. All you have to do is experience the bumper to
bumper congestion to realize that. They all impact
hopelessly on each other. You still would have to get
through the Hall-Hunziker intersection or 72nd - Hunziker
intersection before you could use an extension of the
proposed project. And residential development in the area
would only add to the congestion.
Fire fighting vehicles currently need to make one right-
anqle turn to reach the Fanno Pointe Condominiums. The
proposed project would necessitate making two right-angle
turns. Not good, when every moment lost increases the risk
of loss of life and additional property. The turnaround
requirements at the library parking lot are moot, if the
proposed project is denied. And the turnaround
requirements at the Fanno Pointe Condominiums complex are
already acceptable by the fire department.
Unless you're a property owner or developer seeking to make
a big profit, there is no compelling or redeeming
justification to pursue the proposed project.
S " e,l ,
~
Apri12, 2006
To: City of Tigard
Re:Cominents on Wall Street Extension and Comprehensive Plan Anendment 2004-00001
I are submitting comments on behalf of the Biodiversity Project of Tigard, a neighborhood all-
volunteer group that works toward protection and long-term conservation of our natural
resources in our community. We strive to collect data tha.t will serve to protect plants, fish and
wildlife where we live in order to increase the diversity of our natural resources and improve
our quality of life for all people. .
- This proposal was changed from a legislative (city-wide) tand use application to a quasi-
j udicial land use application. We are requesting this application as it sta.nds be denied, and that
it be re-submitted as a legislative land use application. This site was purchase through a bond
measure and hence paid for by all the citizens of Tigard. What happens on the site
affects/concerns all of us and hence everyone should be notified of the project and its potential
consequences. There are some very major progosals in this applicarion, including a
comprehensive plan aznendment which would significantly alter a significant wetland resource.
It is not right nor fair to only notify some people in the city.
- There is great inconsistency in this application and previous work the city has conducted on
what constitutes "Wall Street". The notice of nublic hearing states the aputication is for
"Phase I", vet the auulication materials on file at the citv state it is for "Phase II" The
application must be consistent in defining its scope. For euarnple, The hydraulic analysis by
De Hass Associates shows Phase I excavations and fill on the west side of Fanno Creek well
beyond the 350 foot limit of Phase UII. The tree removal plans show trees to be removed in all
areas west of the Fanno Creek top of bank, beyond the scope of the 350' proposed. Under the
_ Altematives Analysis, it states on page 2 that "the 425 ft length is necessary.....". In the letter
to CWS in the file dated 11/23 /OS, it states that "The redesign of Phase I involves reducing the
length of roadway from 425 feet to 360 feet.....". This application should be denied based on
its failure to provide consistent and accurate information to the public in order for the public to
be adequately informed and be able to comment on this project.
- We are very concerned about the costs of this project which have not been revealed in the
application. To date, we estimate the cit}+ has spent over $500,000 of up blic funds to obtain pernuts, conduct engineering studies, etc. The community has a right to know the costs so it
can make an informed decision on the merits of this project.
- 18.385.040 - Sensitive Lands Permit - This project proposes to develop and also destroy
sensitive wetlands located on public property. The code states that the application should be
denied if the proposed development is in an area designated as significant wetland on the city's
Comprehen$ive Plan Floodplain and Wetland Map. Since the wetlands located within the
project scope are on this Map, and are designated as "significant", we ask that this application
be denied. The significant wetlands in the city of Tigard are too important a resource to be lost.
The entire open space tract south of the library should be restored where necessary, with native
plantings, etc. We cannot afford to lose even a fraction of an acre of wetland any more in
Tigard due to the loss of extensive wetlands in the past 20 years due to runaway development
and illegal encroachment.
- 18.775 - Sensitive Lands: 18.775.020C.2 - The propased Wall Street is supposedly for
providing access. This section of the code addresses exemptions for work in sensitive lands,
which do apply to restoration and emergencies, etc. but do not apply to "roads". The
application is claiming exemption from this part of the code for floodplain work but should be
denied since it does not meet the code. 18.775.070B.7 - This part of the code requires that
consideration shall be given to dedication of sufficient land area within and adjacent to the
. floodplain in accordance with the comprehensive plan when land deveiopment is allowed
within the 100 year floodplain. We saw no evidence of this in this application.
- 18.790 - Tree Removal - Plain and simple, we cannot support ANY more tree removal on
public lands, period. There were already a number of trees removed on this site prior to
building of the library. Ali existing trees on the site MIIST be preserved and protected for the
value they provide for shade, cover, wildlife habitat, etc.
- The application states that t6e proposed road improvements are not in the 100 year floodplain.
But the grading plans show that the floodplain is proposed to be filled and that the proposed
roadway avoids the floodplains because they would be filled. For this, the Tigard code on
floodplain development prohibitions should be applicable, and hence we request this
application be denied. In addition, a letter to CWS from SWCA dated 11/23/05 states
development within the 100 year floodplain has been avoided due to modifications in the
-project design, yet in the file under Tab 4 of the Road Extension Plan, it shows excavation in
the 100 year floodplain. These inconsistencies in #he proposal are significant and need to be
addressed and until they are, we request the application be denied.
- 3.02.4.b.2 - Under CWS standards, only certain roads are permitted within the vegetated
corridor, which includes preexisting roads. The proposed Wall Street is not a preexisting road,
nor does the proposed exitension cross the vegetated corridor of Pinebrook Creek from one side
to the other, as such roads allowed to be developed would do in order to provide access. We
therefore request this application be derued based on this failure to meet this part of the CWS
standards.
- We do not betieve that all of the significant wetlands were adequately assessed and mapped.
On site visits in 2003-2005 showed ponded areas along Pinebrook Creek south of the existing
man made pond. This natural pond (see attached photos) is a significant habitat for many
wildlife species including the State listed Northern Red-legged Frog and Western Pond Turtle.
The natural pond is not depicted on any of the wetland maps in the file. It is approximately 60-
80 feet long by 30-40 feet wide during the winter months. We believe the omission af this
natural ponded area in the wetlands report, and other parts of the application is a great error and
significantly alters the impacts, mitigatian requirements, etc. Thus, we believe until this is
addressed, this application should be denied. -
- Comprehensive Plan Amendment - The wetlands that fall within this project scope are on the
city's Significant Wetlands Map, and the city proposes to remove this protection. We
adamantly oppose any effort to remove this protection based on a number of reasons. First,
there has already been a great loss of wetlands within the city both on private and public lands.
Anything that is classified as significant should be protected, preserved and enhanced as it is a
scarce and highly valuable resource. Second, the citizens made a bargain with the city that they
would support the building of a library on this site when purchased, IF all the open spaces,
wetlands, etc. were protected. There was NO disclosure that a part of the wetlands, and in
this case SIGIVIFICANT wetlands, would ever be develoaed, and hence lost forever. This
is an eztre_me violation of trust! We therefore now ask that this anplication be denied
based on this violation of the bond measure agreement with the citizens who uaid for the
purchase of this site and the buildin$ of the Gbrarv.
In conclusion, we must state that we adamantly oppose this project It would have great
negative impacts to the fish and wildlife that use the wetlands and forested habitat in this area.
We do not support any project that would propose to ta.ke significant wetlands offthe
comprehensive plan, we do not support any project that proposes to fill in wetlands, and we do
not support any project that proposes to remove trees. The library site was purchased as an
open space and secondarily as the site for the library. Citizens do not want to lose any more of
the open space on the site. The impacts of this project are far too great and costly to approve.
We request this project be withdrawn and the Planning Commisssion deny the application.
Sincerely,
~ .
Sue Beilke, Dir r
The Biodiversity Project of Tigard
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WALL ST EXTENSION COMMENTS 3/31/05
A The application and its materials aze not consistent and clear what constitutes Phase 1 and
Phase 2, and what the approval covers. At one point, only 350 feet of Wall St seems to comprise
Phase 1. However, in the 1/12/06 letter to Tigard from Mackenzie regarding tree removal, Phase
1 is outlined on the drawing to include tree removal in all azeas west of the Fanno Creek top of
bank. The application must be consistent in defining its scope. On maps associated with the DSL
and Corps applications, the scope of application includes Wall St extension all the way across
both Fanno Creek and the railroad. The hydraulic analysis by DeHass Associates shows Phase 1
excavations and fill on the west side of Fanno Creek well beyond the 350 foot limit of Phase 1
work defined elsewhere. The traffic study by DKS Associates is also not consistent with an
application for only 350 feet of Wall St extension; it assumes a Wall St connection from Hall
Blvd all the way to Hunziker Street.
B The proposed Wall St extension appeazs to be within the vegetated corridor of Pinebrook
Creek. Section 3.02 of CWS standards states (3.02.4.b.2)) that only certain roads are permitted '
within the vegetated corridor. The proposed Wall St extension is not a preexisting road. Such
roads allowed to be developed are those "crossing the vegetated corridor from one side to the
other in order to provide access to the sensitive area or across the sensitive area." The proposed
Wall St extension itself does not cross the vegetated corridor of Pinebrook Creek from one side
to the other; only a narrow driveway provides access to the sensitive area (the other side is on its
south, adjacent to Fanno Point Condominiums) and is not located to provide access to the
sensitive area of Pinebrook Creek (in fact, access to the sensitive area is to be restricted by
fencing of the sensitive area). Additionally, the application states that a retaining wa11 has be
used on the downstream side of the access to Fanno Pointe Condominiums to minimize impacts
on sensitive azeas, but has not proposed similar retaining wall designs to minimize impact to the
vegetated corridor along the proposed Wall Street or along the upstream side of the Fanno Pointe
Condominiums access; the Tigard Code requires minimizing impacts in these azeas, and
retaining walls should be considered at these locations.
B' The application claims exemption from limitations on floodplain work under Tigard Code
pazagraph 18.775.020C.2, which concerns wetland "restoration" or "enhancement". The Wa11
Street extension project is for neither of these two purposes, it is for a road that would connect
Hall Blvd to Hunziker Street. Further, the work in Pinebrook Creek and its wetlands is for
`relocation' of Pinebrook Creek and the restoration or enhancement claimed in the application is
only done as a result of this proposed `relocation', which is not an exempt activity.
C The proposed Wall St extension appears to encroach on the vegetated corridor of Pinebrook
Creek more than allowed by CWS standard 3.02.4.a.2) - it occurs for more of the allowed 20%
of the frontage length of the vegetated corridor and encroaches more than the allowed 20% of the
vegetated corridor's 50-foot width.
D The proposed Pinebrook culvert at Fanno Point Access appears to rely heavily on hydrology
and hydraulics engineering work done in 2003 for the Hall Blvd culvert conveying Pinebrook
Creek not far away. The Fanno Point Access culvert design specifically considers the same
watershed west of Hall Blvd, assuming that it has not changed in character. In fact, there have
been several significant developments of impervious surface in this watershed that should be
considered in the current design. Along McDonald Street there have been several developments
permitted and built since 2003. Even at the top of the watershed along 103`d, there has been a
new paved parking lot installed since 2003. Additional developments aze pending along
McDonald Street which will add to the impervious area of the watershed. Thus, the claim in the
design report (undated) that `there is no indication that the basin will develop further' appears in
' error. The application should be denied until this basin assessment is corrected.
E The affidavit of posting in October, 2003 makes reference to a Plan Amendment, but the new
posting at the site in March, 2006 was for a Conditional Use Permit, which is not addressed in
the application at all. Proper posting is part of Tigard's development regulations and any
proposed development should not be heard until the posting is corrected and the development
process is followed in full. It does not appear that any neighborhood meeting or preapplication
meeting has been held on the significantly changed proposal for Comprehensive Plan
Amendment (Phase 1).
F The impact study for the proposed Wall St extension, which is required by the Tigard code,
Section 18.390, appeazs to be deficient when compazed against the code requirements. The code
requires that the impact study "shall quantify the effect of the development on public facilities
and services." In two short paragraphs on transportation impacts, not one quantification is made.
For the pazks system impact, the total analysis is that "the project area is not located with the City's parks system." For noise impacts, the analysis recognizes (unquantified) temporary
construction impacts, but for permanent impacts simply says that the area will experience "the
usual noise associated with similar sized facilities", ignoring the supposed shift in trucking
routing through Tigazd because of a new connection between Hall Blvd and Hunziker Street.
The Tigazd code further requires that "for each public facility system and type of impact, the
study shall propose improvements necessary to meet City standards and to minimize the impact
of the development on the public at large, public facilities systems and affected private property
users" - no such proposed improvements aze stated. Finally, the applicant is well aware of other
public facilities and systems which may be affected by the proposed development - library, law
enforcement, schools, natural resources of the city, etc. - these public facilities and systems
should be addressed in the impact study.
G The DKS Associates traffic study for this proposed development is 4 years old and does not
reflect available data on traffic movement at the HalUWa11 intersection. Current traffic counts
should be evaluated. The DKS study does not appear to include traffic from Fanno Point
Condominiums in the Hall/Wall intersection analysis. Recent traffic counts at the HalUWall
intersection (attached) find that the DKS study overestunated the traffic going to/from the library
by more than 171%, 192%, 167% and 232% respectively for each of the turn lanes considered in
the study. Estimates which vary from reality more than 15% should be investigated as to
whether the technique is faulty or other cause. The implication of these huge errors in estimating
traffic is that to serve the library and Fanno Pointe Condominiums, a much smaller road can be
constructed. With such smaller road located on the northern part of the proposed grand roadway,
there will be more buffer available along Pinebrook Creek, allowing compliance with the CWS
buffer requirement. See attached data of recent traffic counts at Hall/Wall.
H The appropriate authorization to use the proposed area for the purposes outlined in the
application is not clearly established. The easement from Mr. Fred Fields to the public for use of
his Wall Street access actually limits the use of this area to "street, road and utility purposes",
whereas the application dedicates a significant portion of this area to wetland purposes that are to
be permanent under the CWS service provider letter conditions. The proposed use of Tax Lot
300 (the eastem half of Fanno Pointe Condominiums property) does not have any written
authorization in the application; there is only a permission slip from the Fanno Pointe Condominium owners to modify Tax Lot 90000. Until authorization to develop Tax Lot 300 is
obtained and until the Fields easement is modified to lunit the use of the easement to protected
wetland areas, this is not a complete application and should be denied.
I Contrary to the 11/23/05 memo from SWCA to CWS updating a request for a SPL, which
states that `development within the 100 year floodplain' has been avoided as a result of
modifications to the project design, the Wall Street Extension (PH. 1) under Tab 4 of the
application (Road Extension Plans and Figures) clearly shows excavation in the 100 year
floodplain necessary to modify the location of Pinebrook Creek as it approached and joins Fanno
Creek. The only guidance on this work is stated in a drawing note "modify existing channel as
per field engineering"; such work does not indicate any direction from the City, a requirement of
the Tigard Code. CWS Standards Section 3.13 provides some necessary guidance for this stream
modification and should be cited as applicable. Similarly, the `Sensitive Lands Review' section
of the application narrative states `The road improvements are not located within the 100 year
floodplain. However, affiliated grading will be located within the 100 year floodplain'. The
application and its referenced drawings should consistently identify whether the 100 year
floodplain is encroached upon or not.
J The narrative portion of the application states that `permits have been received from the US
Army Corps of Engineers (Corps #200300137) and the Oregon Department of State Lands (DSL
431719-RF). However in the detailed description, it appears that such permits have not been
obtained for the project as proposed; revised applications have only recently been submitted.
The application should be consistent in its claims regarding pernuts already received.
K Tigard Code Section 18.775.030 requires that Tigard notify the Federal Insurance
Administration before any alteration or relocation of watercourse as proposed. Evidence of such
notification does not appear in the application; it is incomplete until such information is provided
and should be denied as submitted.
L The application states that the proposed road improvement is not in the 100 yeaz flood plain.
However, the grading plans (Tab 4 of the application) clearly show that the roadway avoids the
flood plain only because the floodplain is proposed to be filled. The Tigard Code prohibition on
floodplain development should be applied.
M The application proposes land form alteration (stream relocation) within the 100 year
floodplain on Tax Lot 300 (east of Fanno Pointe Condominiums). Such development is
prohibited because this area is zoned residential and the land form alteration is not associated
with community recreation uses, utilities or public support facilities as defined in Chapter 18.120
of the Tigard code (there are no definition of these terms in 18.120). See TCDC 18.775.070B.2.
N The Tigard Code at 18.775.070B.7 requires that when land development is allowed within the
100 year flood plain, consideration shall be given to the dedication of sufficient land azea within
and adjacent to the floodplain in accordance with the comprehensive plan. No such
consideration is provided in this application; such open space is available at many locations
along Fanno Creek in Tigard, and this development application should consider acquisition of
such sites and dedication of them as open space as part of any approval action for the Wall St
extension. Without consideration of alterriative land areas, the action of Tigazd is arbitrary and
capricious.
O The proposed application does not consider safety impacts of the Fanno Creek Trail crossing
the proposed Wall Street at grade. The proposed design constitutes an attractive nuisance and .
danger to public use of the Fanno Creek Trail and should be modified to minimize public safety
impacts. Neither does the application consider that the traffic at the HalUWall intersection and
associated bus stops includes a high proportion of school busses and Tri-Met busses, carrying a
disproportionate number of school children. The use of the library and associated transportation
by school children creates a safety conflict with the proposed industrial use of Wall St, without
any safety buffers or barriers.
P The ESEE analysis documented pursuant to 18.775.130 is inadequate because there is no
accurate inventory of the significance of the site proposed for development relative to other
comparable resources within the Tigard planning area. The only inventory of comparable
streamside resources in Tigard is over 20 years old in the existing comprehensive plan.
According to OAR 660-23-040, an inventory and determination of significance is an eazly step in
any ESEE analysis and does not exist here. Further, the ESEE analysis does not demonstrate
why the proposed use of Goa15 resource areas cannot be located instead on buildable land. It is
obvious that moving the proposed Wall Street some 100 feet north would largely avoid
impacting Pinebrook Creek and its vegetative buffer area.
Q The Technical Memorandum on traffic design by Kittelson & Associates (Attachment 12) is
deficient in that it only addresses left-turn lane storage requirements on Wall Street for year
2005, as distinguished from the 15 year (2017) evaluation provided in the traffic impact study by
DKS of 2002 (as requested by ODOT).
R The DKS traffic impact study as presented should not be relied upon. Its only drawing of the
library/Wall Street area (last sheet of the report) is outdated, showing a library layout and
parking arrangement which was not built and showing a pazking access to Hall Blvd which does
not exist with the built library. Use of this layout in traffic estimates would seriously distort any
delay, left turn storage and level of service calculations for the proposed Wall Street extensiori.
S The ESEE analysis contains improper claims of impact and necessarily should be redone: S-1
In the LIMIT alternative, the ESEE table claims as a positive social impact that road safety
would be improved by "removing access to the library off of Hall Blvd." The fact is that today,
even before construction of Phase 1 of the Wall Street extension, access to the library is already
removed off of Hall Blvd, so it should not be counted as an impact of Phase 1 extension. S-2
The ESEE analysis fails to note in the LIMIT alternative that construction of Wall Street
extension, Phase 1, will increase the likelihood of constructing Wall Street Phase 2 and
connection of Wall Street through to Hunziker St - with the associated industrial and truck
traffic on Wall Street causing more noise to Fanno Pointe residents and additional safety hazards
to members of the public (including a disproportionate percentage of children) using the library.
S-3 The only positive economic impact of the LIMIT altemative is stated to be "employment
and income related to construction and development activities" - such impact is only transitory
(ie only during construction and development) and should not be considered because similar
negative impacts of the transitory construction and development activities are not evaluated in
the ESEE analysis. S-4 The negative social impact stated for the LIMIT alternative, "Potential
for increased disturbance due to library traffic to Fanno Pointe residents," is not true, because the
impact of library traffic on Fanno Pointe residents has already happened with the construction of
the Wall Street intersection at Hall Blvd and the associated traffic going to and from the library.
S-5 A negative environmental impact of the LIMIT altemative should be added, noting that any
encroachment into the sensitive areas adjacent to Pinebrook Creek and Fanno Creek will
effectively narrow what is already one of the narrowest sections of the officially recognized and
long protected Fanno Creek Greenway. S-6 The positive energy impact stated for the LIMIT
alternative is in enor because the congestion and idling times on Ha11 Blvd have already
happened as a result of library construction and the traffic signalization at Wall Street and Hall
Blvd.
T Funding arrangements for Phase 1 of the proposed Wa11 Street extension are not disclosed in .
the application. The application should discuss the relationship between city funding of
engineering for an eazlier attempted LID in this area and current funding of Phase 1 detailed
engineering and construction. Prudent expenditure, of limited City of Tigard funds is a high
priority goal for Tigazd City Council; wasting monies here can have a multiplied effect in voter
acceptance of later funding/tax requests.
Jo Frewing 7110 S Lola Lane, Tigard, OR 97223 jfrewing@teleport.com
Attachment: Wall Street Extension Traffic Survey, March 13, 2006
Attachment 5
GR
April 17, 2006
City of Tigard
Attention: Denver Igarta
13125 SW Hall Blvd
Tigard, OR 97223-8199
Re: WaI15t
Proiect Numher 2050046
P if1
O N
Dear Denver:
O
P a0
M N
N N
a o It is the project team's understanding that four letters have been submitted to date regarding
o % the Wall Street Extension project (CPA 2004-0001 / SLR 2004-00003/SLR 2006-00001/''RE
w 2006-00001 - 00009). These letters are from The Biodiversity Project of Tigard, John
~ E Frewing, Leander Clifford, and Pamela Sigler. The letters identify similar areas of concern.
a o
As such, the following addresses the letters by grouping similaz areas of concern and
~
a ~ providing a response to each. '
H, E
o a
~ Cp
m 3 Land Use Application Process: Per the application narrative and the staff report, this
0 3 application includes a Comprehensive Plan Amendment to remove Goa15 protection from the
- ~ wetlands impacted by the roadway improvements. A Sensitive Lands Review is required for
~ o impacts to the wetlands and drainageways and the proposed reconfiguration of the Pinebrook
c a 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
m N
N o 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 aze elevated to the Type I
process. No Conditional Uses are requested with this application.
Authorization from all property owners was obtained, and confirmed, as part of the submittal
Gro„P process. Federal Insurance Administration notification will occur after the appropriate City
Mackenzie, , approvals have been obtained.
Incorporated
A"n"e"u`e Wall St Phase Ctarification: The land use applications define Phase I of Wall Street as the
Interiors extension from Hall Blvd to 360 ft to the east. As no ather portion of Wall Street exists at this
Land Use Ptanning 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 ma be titled Phase Ib and/or Phase II. Re ardless onl 360 ft of
Incorporated Y g ,
CiviVStructural Wall St is proposed at this time.
Engineering ' -
Transportation Sensitive Lands :
Planning -
' ■
Locations: 18.3$5.040: This application includes a Comprehensive Ptan Amendment to remove the
Portland, oregon ; Sensitive Lands designation from the wetlands and other sensitive lands within the road
Seattle, Washington
Vancouver, Washington H:\PROJECTS\205004600\WPU.TR\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 Pernut. 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 plsntir.gs are permitted within the floodplain. Regardless, a Sensitive Lands Pernut
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.
j 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 we[land
i mitigation area and associated Clean Water Services vegetated corridor. No loss of wetland is
! proposed in these areas.
~ Pernut 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.
I
~ 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\WPU.TR\06417City.doc
I
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
;vas utilized to elirainate the planting strip on the south side of Wall Street frorn 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 biue 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 adj acent to the relocated Pinebrook Creek and wetlands will 6e planted wifh hundreds
of native trees and shrubs as part of the mitigation plan.
H:\PROJECTS\205004600\WPU.TR\06417City.doc
City of Tigard
Wall St
Project Number 2050046
April 17, 2006
Page 4
Innpact 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 traff c 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,
Geraidene Moyte, AICP
Senior Associate, Land Use Planning
/wp
c: Vannie Ngyuen.- City of Tigard
Marline DeHaas - DeHaas Engineering
Stacy Benjamin - SWCA
H:\PROJECT'S1205004600iWP\1.TR106417Ci ty.doc
Attachment 6
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
Apri13, 2006
1. CALL TO ORDER
President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard
Civic Center, Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Commissioners Present: President Inman; Commissioners Buehner, Duling, Haack, Meads
Commissioners Absent: Commissioners Munro, Caffall, and Walsh
Staff Present Dick Bewersdorff, Planning Manager; Denver Igarta, Associate Planner; Vannie
Nguyen, Engineering Manager; Jerree I,ewis, Plaiuung Comrnission Secretary
. 3. COMMUNICATION AND COMMITTEE REPORTS
The Park and Recreation Advisory Board, the CCI, and the Tree Board have not met
since the last Planning Commission meeting.
The Transportation Financing Committee is supportive of the study Washington Countp
and ODOT are doing regarding the Hall/99W intersection. They had a preliminary
discussion about the 99W Corridor study. It has not had the work program approved by
ODOT yet. The City Engineer will meet with the Counry this week to discuss the
project. The Committee liad a presentation on a preliminary study of_the
Greenburg/Hwy. 99W intersection. 'rhey will discuss this again at their next meeting and
will make a presentation to Council at their worksession in April. The Planned.
Development Review Comnuttee will also meet with_ Council at their April worksession.
4. PUBLIC HEARING
4.1 COMPREHENSIVE PI.AN AMENDMENT (CPA) 2004-00001/SENSITIVE
LANDS REVIEW (SLR) 2004-00003 & 2006-00001/TREE REMOVAL (TRE)
2006-00001 through 2006-00009 WALL STREET EXTENSION
R.EQUEST: As part of a capital improvement project, the applicant is requesting
approval to build a 350-foot extension of SW Wall Street, east of SW Hall Blvd, between -
the Tigard Library and adjacent condominiums. As part of this extension, wetlands that
PLANNING COMNIISSION MEETING MIINiJTES - Apri13, 2006 = Page 1.
are designated as locally significant will be impacted and reconfiguxed. To conduct this
work, a, comprehensive plan amendment is required. Sensitive Land reviews are required
for impacts to wetlands and the proposed reconfiguration of Pinebrook Creek, a tributarp
to Fanno Creek, and for drainage ways. A numbet of trees in the sensitive land areas will
, require removal to accommodate the grad.ing and construction of the roadway requiring
Tree Removal permits. The applicant has requested concurrent review of all these permit
applications. The Wall Street extension will provide a joint access to both the Tigard
Public Library and the Fanno Pointe Condominiums to satisfy obligations to the Oregon
Depattment of Transporta.tion (ODO'1) which allowed temporary access to the
Condominiums and the Library from Hall Boulevard. This 350-foot extension will
terminate on the west side of Fanno Creek and west of its 100-year floodplain. Future
extensions of SW Wall Street across Fanno Creek will 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 Countp Tag Assessor's Map
2S102DD, Tax Lots 200, 300 and 90000. ZONE: 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 pernnitted conditionally. COMPREHENSIVE PLAN DESIGNATION:
Medium-Densiry Residential and Open Space: APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.385, 18.390, 18.510, 18.775, 18.790, 18.795
and 18.810.
Corrunissioners Buehner and Haack reported site visits.
STAFF REPORT
Associate Planner Denver Igarta reviewed the staff report on behalf of the City. He advised
that the City is requesting a concurrent xeview of the Comprehensive Plan Amendment,
Sensitive Land Review and Tree Removal to constructPhase 1 of the Wall Street extension.
He gave a PowerPoint presentation (Exliibit A). The Planning Commission will be making a
recommendation to Council; Council will hold a public hearing on the application on May
9th.
Igarta reported that this is a part of a capital improvement project. It is a 360-foot extension
of Wall Street between the Library and the Fanno Pointe Condomiruums. He noted that there
was a discrepancy in the staff report which showed the extension to be.350 feet This was a
mistake in the narrative; however, the 10 feet was included in the design and all the technical
aspects. The right-of-way meets the Transportation System Plan (TSP) standards for a
collector street. There will be 2 travel lanes and a median to accommodate a left turn.
Access to tlie Library and the condos is the primary purpose of this project In January 2003,
a private developer received approyal to construct the 42 unit Fanno Pointe Condominiums;
PLANNING COMNIISSION MEETING MINUTES - April 3, 2006 - Page 2
in Apri12003, the Citp received approval to construct the Tigard Public Library. To meet
ODOT Access Management Standards and the Tigard Development Code minimum spacing
requirements, they planned a joint access way uito both sites. ODOT authorized temporary
access onto Hall Blvd. for both sites, given that the permanent joint access would be
constructed with the Wall Street extension.
The proposed improvements do have impacts on sensitive lands. It does encroach into
riparian corridor along Pinebrook Creek and associated wetlands identified on the "Wetland
and Streams Corridor Map" as "Locally Significant". The proposed impact to the wetlands is
0.11 acre; the impact to the riparian corridor would be 0.42 acres: Wildlife impacts show initial
reduction of available habitat for some species. The presence of a completed road would
introduce human activities that may have a disturbance affect on wildlife.
Permits required include a Sensitive Lands pexmit and Tree Removal permit. The
Comprehensive Plan Amendment is requixed due to the proposed development within the
significant lands designated on the corridor and wetlands map. The result of the
Comprehensive Plan Amendment would be the removal of the Goa15 protection ftom the
wetlands and ripatian corridor. Once the new corridor and wetland have been established,
they will be added back into the inventory of protected sites. In addition, a Clean Water
Services service provider letter was required, as were Oregon Deparnnent of State Lands and
US Army Corps of Engineexs wetland permits.
Key findings as stated in the staff report are as follows:
■ The proposed alignment was selected based on alternative analysis of 9 options in
order to minunize impacts and allow for mitigation opportunities.
■ In fall 2005, there was a redesign to further rrLnimi7e the impact to sensitive land areas
- the length of the proposed roadway was reduced from 425 feet to 360 feet to avoid
development within the 100-year floodplain.
■ As a result of the redesign, the total wedand impact area was reduced from 0.25 to 0.11 acre.
■ A Wedand Mitigation Plan was submitted which calls for the creation of 0.08 acre of
wedands, enhancement of 0.29 acre, and 0.20 acre of wedand restoration.
■ Due to the redesign, the total vegetated corridor impacts were reduced from 0.56 to
0.42 acre.
■ The Biologieal Assessment prepared for the project stated that there are negative
impacts to the downstream hydrologp and water quality that have resulted from past
development. It also noted adverse affects from the manmade ponds that are in line
with Pinebrook Creek.
■ The tree planting plan identifies the location, size and species of existing trees. There
are 44 trees greater than 6". Nineteen of these trees will be removed; 15 trees will be _
saved; 10 trees were identified as dead or hazardous. Nine trees being xemoved are greater than 12" in calipet and require mitigation equaling 91 caliper inches.
■ The planting plan calls for 336 caliper inches of'tree replacement.
PLANNING COIvIMISSION MEETING MIIVIJ'TES - Apri13, 2006 - Page 3
■ Pinebrook Creek as it is currendp aligned does not permit fish passage due to the
confluence with Fanno Creek; there is a dxop off of approxunately 8 feet and 2 existing
culverts. Reconfiguration and installation of a culvert will permit fisli passage.
■ The Biological Assessment submitted with the report identified threatened and
endangered species of concern. It concluded that the "potential for d.ixect adverse
effects resulting in significant or direct mortality of a listed species is minimal with this
project. Any direct effects would likelp be transitory and within the ability of both
juveniles and adults to bypass or temporarily leave the proposed action area."
■ An Economic Social Environmental Energy (ESEE) analysis was performed to show
justification for loss of riatural resouxces. They reviewed "allowing" the conflicting use
south of the Tigard Libxary; "limiting" the conflicting use to the proposed alignment to
minimi7e impacts to sensitive lands; and "prohibiting" the conflicting use completely.
■ The ESEE Analysis concluded that "allowing" development without limit may remove
the ability to pxotect valuable ecological functions and could result in unmitigated
alterations of natural resources.
■ It also concluded that stricdp "prohibiting" development would also result in strong
economic, social and energy consequences, by contributing to continued degradation of
the transportation system, traffic congestion at peak hours, and fuel consutnption while
idling.
■ The ESEE report states that the proposed "limit" option provides the best site plan for
ecological function and improves the resource sites.
■ The conclusion of the report found that project would produce "long term benefits" .
for "fish and wildlife habitat thxough restoration and enhancement of the altered lower
Pinebrook Creek stream channel and associated wetlands, removal of invasive and
noxious species, and reconnection of Pinebrook Creek with Fanno Creek to provide
fish passage."
Igarta advised that staff finds the proposed Wall St. extension meets applicable review
criteria and presents sufficient evidence justifying the proposed impacts to sensitive lands,
tree removal and the requested Compxehensive, Plan Amendment. It will eliminate a
hazaxdous access. The alignment minimi7es unpacts and allows for mitigation opportunities.
The recent redesign rrinimi7es disturbance of sensitive lands to the greatest extent possible
to complete the project. It also provides for a connection of the Fanno Creek Trail from the
Librarp site. The negative impacts to downstream hydrology, water qualiry and fish passage
would be alleviated due to proposed restoration and enhancement activities.
Having reviewed the application with the applicable review criteria, staff recommends that
the Planning Commission approve the proposed Wall Street project subject to the
conditions listed in the staff report.
Commissioner Buehner clarified that ODOT's original approval for access to the condos
was conditioned upon the City completing the Wall Street extension. She also noted that the
2 manmade ponds have stopped the creek from running in a normal manner and the
PLANNING CONINIISSION MEETING MINUTES - Apri13, 2006 - Page 4
temperature of the ponds in the summer reaches a level that's incompatible with fish being
able to survive. Staff responded that the fish have not been able to access the ponds because
the connection with Fanno Creek has a direct drop of approxirriately 8 feet. There are
adverse affects to both Pinebrook Creek and Fanno Creek from of the ponds. Staff
acknowledged that the reconfiguration of Pinebrook Creek will pass through the east pond.
A wedands atea will be created with that pond. The reconfiguration of the creek will not.
pass through the second pond. It would follow the historic channel in a southerly direction.
Fish will be able to access the entire length of the creek.
Staff confirmed that the existing entrance to the Fanno Pointe Condominiums will be closed
after the Wall Street extension is complete. TVF&R has reviewed the plan and approved the
turn around points.
Staff advised that any plan for a future extension of Wall Street through the wedands would
be a major problem.
APPLICANT'S PRESENTATION
~
Geraldene Moyle, Group Mackenzie, 0690 SW Bancroft, Pordand, OR 97239, testified. that
onlp 12 trees require a tree removal permit because they are in a sensitive lands atea. On the
Transportation System Plan, Wall Street is identified to go from Hall Blvd. to Hunziker
Street. This project is orily for 360 feet of Wall Street from Hall Blvd. to provide access to
the Librarp and the Fanno Pointe Condominiums. This portion of Wall Street is on the.
Capital Improvement Program. It is funded and, upon approval, is readp to be constructed.
This portion of Wall Stteet includes landscaping, bike lanes, trail connection, and driveway
access. They have reduced the length from 425' to 360' in order to minimize impacts. It
cannot be any shorter and still be able to meet turning length and stacking distance
. requixements. They have no issues with the conditions of approval.
Marlin DeHaas advised that the 360' extension would be just short of the 100 year
floodplain. He described the street and design elements. The street will be 50'wide, curb to
curb, and includes 2 travel lanes, a left turn center lane, 2 bike lanes, a planting strip between
the curb and the sidewalk on each side, 6'sidewalks, lighting, storm drainage, and
underground utilities. Pinebrook Creek will be realigned and restored. It will flood into the
wedands when water is high.
,
Stacy Benjamin, SWCA Envitonmental Consultants,.434 NW 61hAve., Suite 304, Portland
did the wedand permitting for this project. She detailed the realignment and restoration
project for Pinebrook Creek. They have wedands permits from DSL and the Corps of
Engineers. The cteek will be restored to a more natutal stream channel. The 2 manmade
ponds will be removed offline from the creek. The west pond will rema.in as a seasonal
pond - it will dry up in summer. There will be some wildlife impacts, but overall, thep will -
restore the area to a more natural cond.ition and unprove habitat.
PLANNING COMIvIISSION MEETIlNG MINUTES - Apri13, 2006 - Page 5
Using Exhibits B-F, Benjamin showed project area and specifics. Twelve trees will be
removed in the sensitive lands area; 9 are viable and need a tree removal permit The City's
tree mitigation requirements call for 91 caliper inches to be mitigated. They are proposing to
plant 336 caliper inches. Two hundred fortp-one trees and 1207 native shrubs will be
planted in the area.
Commissioner Buehner asked if the new wedand area will provide floodirig relief to Fanno
Creek. Benjamin said they looked at existing flows in the area and future upstream
development. They sized it so it would not increase flows into Fanno Creek. There will be
some overflow on Pinebrook Creek into the wetlands.
Commissioner Meads asked if there will be no parking allowed on the street. DeHaas
answered that at this point, there is no parking. The applicants also clarified that the only
entrance to the Library and the condos will be through the new Wall Street extension. There
will be approximately 7-8 new paxking spaces created at the Library. The applicants have not
seen any plans to re-do the paxking lot. Vannie Nguyen, Engineering Manager, advised that the TSP calls for bike lanes. The Citp will
have to come back and ask for a va.riance to add more parking spaces at the Librarp.
PUBLIC TESTIMONY - IN FAVOR
None
PUBLIC TESTIMONY - IN OPPOSITION
Sue Beilke, 11755 SW 114th Place, Tigaxd 97223 testified that she was commenting on behalf
of neighbors in her community. She provided a copy of her tesiimonp (Exhibit G). The
Planrung Commission and staff provided the following answers to her questions:
■ People within 500'were notified of the hearing. This is a quasi-judicial application, so
not everpone in the Citp is required to be notified.
Phase I was for the half-street improvement and signal for the Library. This project is
a part of Phase I for the whole project. ■ The Planning Comrrussion is cleat on what the application includes.
■ Costs of the project are not relevant to the planning phase.
■ There is a stacking distance required from Wall Street onto Hall Blvd. Having a right
turn close to the Wall Street/Hall Blvd. intersection into the condos wouldn't allow a
viable access for people coming out of the condos. turning left onto Wall Street.
■ One of the conditions of the Library and the condos was that they have approval from
ODOT for access. ODOT requixed that Wall Street be built and extended to provide
access into Fanno Pointe. The existing access is temporary. The State Transportation -
Plan requires a certain number of feet between access ways. Those 2 State mandates
PLANNING COMNIISSION MEETING MINiJTES - Apri13, 2006 - Page 6
have limited the number of options for this intersection. State rules always preempt
local code.
John Frewing submitted written testimony (Exhibit H). APPLICANT'S REBUTTAL
The applicants reiterated that they already have CWS approval and DSL and Corps
concurrence on their wetland delineation determination and mitigation. There will be a net
gain of 0.17 acre in new wetland area. They are not filling in the flood plain; mitigation is a
separate issue. The sewer line will not be disturbed.
Three consultants have done wetland delineations on the site. They were reviewed and
concurred by the Depattment of State Lands. Stacy Benjamin sa.id she is not sure what
ponding area Beilke is referring to. She is unaware of any other wetlands area.
CWS has certain allowed uses for a road crossing a vegetated corridor. This project had to
go thtough a more stringent review process; a Tier II alternative analpsis was done where
you have to prove public benefit and minimi7e impacts.
PUBLIC HEARING CLOSED
The Commission took a 5 minute recess to read the wtitten testimony and then reopened the
public hearing.
Commissioner Meads asked about the last 3 sentences on item #I of John Frewing's written
testimony. Mr. DeHaas agxeed there would be grading in the 100 pear floodplain, but it would
not be roadway construction. There will be grading involved with the stream restoration to
create the fish weixs, etc., but there will be no fill within the flood plain.
For Item #M, staff advised that the Comprehensive Plan Amendment allows the stream
relocation in a residential area. If approved, there will be an ordinance that reestablishes the
new wedand as the significant wedand.
PUBLIC HEARING CLOSED
Commissioner Haack said that if this had been a"raw land" new road project, he would look
at it differendy. There axe 2 existing projects here with imposed requirements. He thinks the staff and the applicant have come up with a best case outcome for the improvement.
Corrunissioner Duling agreed, saying there has been great ca.re taken with the plan to plant all
the trees and shrubs. -
PLANNING COMNIISSION MEE'I'ING MNUTES - Apri13, 2006 - Page 7
Commissioner Meads said she generally doesn't like to rip out habitat 1"his is a double edge
project - there will be some destruction, but there are advantages. There will be access
improvement, a net gain in wedands area, and restoration. It looks like there will be
improvement despite the disruption. There's nothing in the application that proposes
extending the road across the creek over the Hunziker.
Commissioner Buehner is very pleased with the reduced length of road. She commented that
she swam in the ponds as a kid. The 8'drop was cxeated for kids to jump into creek. She is
thrilled that the City is taking the affixrnative acrion to undo this.
Corrunissioner Buehner moved to recommend approval of Comprehensive Plan
Amendment (CPA) 2004-00001/Sensitive Lands Review (SLR) 2004-00003 & 2006-
00001/Tree Removal (TRE) 2006-00001 through.2006-00009 for the Wall Street Extension,
based on the testimony this evening, the staff report, and the additional written testimony
submitted this evening. Commissioner Haack seconded the motion. The motion passed
unanimously.
5. OTHER BUSINESS
. It was moved and seconded to approve the Maxch 20, 2006 meeting minutes as. submitted.
The motion passed bp a vote of 4-0. Commissioner Meads abstained.
6. ADJOURNMENT
The meeting adjoutned at 8:33 p.m.
Jerre Lewis, Planning ommission Secretary
J 6~ ~ -
ATTEST: President Jodie In.tnan
PLANNING COMIVIISSION MEETIING MINUTES - Apri13, 2006 - Page 8
~
WALL STREET EXTENSION
Comprehensive Plan Amendment
Sensitive Lands Review Tree Removal
Planning Commission Hearing
April 3, 2006
Street Improvements .
■ SW Wall Street extension
P ROW width - 72 feet ■ Additional width - public utility easements
and cut and fi11'- slopes
■ Section of planter strip removed
1
Access to Library and Condos
■ 2003 - Fanno Pointe Condominiums Approval
Tigard Public Library Approval
■ Joint access onto SW Wall Street
■ ODOT authorized temporary access, given a permanent joint access would be constructed.onto
Wall Street.
~;rig~~~d
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Wal! Str el \
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2
Impacts
. ,
■ Wetlands - 0.11 acres
■ Riparian Corridor - 0.42 acres
■ Wildlife - Reductiori of potential habitat and disturbance from human activities
Application Submittal
■ Wetlands Permits - OR DSL and Corp of Engineers
■ Wetland Mitigation Plan
■ Alternatives Analysis
■ ESEE Analysis ■ Impact Analysis
■ Arborist Report (Tree Removal & PlantingPlan)
■ Geotechnical Report
■ CWS Service Provider Letter ■ Hydraulic Analysis
■ Biological Assessment
■ Traffic Study
3
Review Criteria Decision based on consideration of any applicable
■ Provisions of the City's implementing ordinances
■ Comprehensive Plan policies
■ Metro regulations ■ Statewide Planning Goals and Guidelines
■ Federal or state statutes or regulations found applicable
Findings ■ Alignment & design
■ Wetland impacts .
■ Riparian impacts
■ Tree removal
■ Fish & Wildlife impacts
■ ESEE Analysis
4
Findings . S
safe~l Jont a~. ~eS
•ImprOVed e.~t and redesl~ .
alipm. ~ con.~eCtion
Creek tra .
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~E on p~'ebr°~k ,ment ,
~Fish passage and enhaace.
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Wall Street
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WellEard Crsa#ion 0.08 acre `
VVE TL :D hii~l TI G A T! O N P L A N
~WALL STREET EXTENSION (PH. 1)
_ .
~ STREET & UTiLiTfES IUP20VEMENTS
X Oouzv.ne
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MMa 11~4QRM4 MMUNM Street Improvements
' SW Wall Street extension
Comprehensive Plan Amendment ■ 360 feet
Sensitive Lands Review ■ East of Hall Blvd
Tree Removal ■ Between the Library and Fanno Pointe
Condominiums
City Council Public Hearing
' May 9, 2006
..~,.m. ~ y ~ , . .
~ S y : Tigard ~ ~ ~ t~~ ~ C #mp Plan .
Publk Amendmenl
Access to Library and Condos ` ubrory
■ Joint access onto SW Wall Street
■ 2003 - Fanno Pointe Condominiums Approval
Tigazd Public Library Approval
. rM
■ ODOT authorized temporary access, given a
permanent joint access would be constructed onto
Wall Street. '
. 7~ f . tFanno:POlnte =J
COlItl09
Review Criteria Findings
Decision based on considerarion ofany applicable ■ Provide joint access
■ Provisions of [he Cicy's implementing ordinances ■ Fanno Creek Trail connection
■ Comprehensive Plan poticies ■ Final alignment & redesign
■ Metro regulations ~
■ ESEE analysis , ~ .
■ Statewide Planning Goals and Gtidelines ■ Restoration &
■ Federal or state stanttes or regulations
Enhancemen t
,
~
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1
A
A`f ~eimbur.rement Distric•t No. 33 SV
\lnut Street
nali~ation of Sanitary Se2ver
• •
~eurrement District No. 33 . . Po~• a ~M ~ « y~,b~ . n
4SlV Walnut Street)
,
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.
.
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Apxil 25, 2006 - {::I:
, ,
Keimbur.cement District No. 33 ~`Keimbursement District No. 33
District formed through Resolution No. 04-91 ❖The final construction cost based on actual wock
yuantities is $50,311.06
llistrict includes sewer service to five lots
t•Project included as rart of the County's Walnut .;.13,5% administradve and engineering costs are
Street Improvement 1 roject added to the constrvction cost to obtain total
Project is completed and sewer can be made
projectcost
available to the lots
, .
Reimburrement District No. 33 ;."%Reimbur.rement District No. 33
F rl Co.rt.r N~&a7ntive Program
❖ Total Ptoject Cost Propcxty oNvnets acc not rcyuited to connect
•$57,103.05 Incentivc progtam encourages eazly connection
Connection within the fitst thiee yeazs
• 5 lot5 SC[t'cd Areim bunement amount reduced m$6,000 ro thc extent
• Total arca ,ervcd: 258,864 syuace fcet chac;c does noc exceed 815,000
If all 5 lots connect within three yeazs, ti,e nronerry
Reimbursement Fee (Per Owner) owncrs sliare is $35,198 and chc Ciry $21,905
A$0.22059 per syuaxe foot of lot scrved Upon reyuest, amounts over $15,000 may bc
defcxred until development occucs
y 6
1
~ Keimburrement Di.rtric•t No. 33 ~
\Idditional Owner Co.rt.r ~ StKecommendation
~
Each ownex pays the following:
A$2,635 connection and 'uispection fee, which That Council pass the xesolution finali2ing
funds treatment facility construction Reimbursement District No. 33 (SW Walnut
A $50 (average) service charge per two months Stxeet)
for operation and maintenance of the entire
system Sewer urill be made available upon passage
At1ll costs to connect to the lateral installed of the resolution
through this project
, ~
2
SW Wall Street Extension - Staff Report to City Council (May 9, 2006)
Kev Findinqs as elaborated in the Staff Report...
• Applicant has made numerous adjustments to minimize the intrusion into sensitive lands
• Alignment was selected based on alternative analysis of 9 options...to both minimize
impacts...& allow for mitigation opportunities.
• Fall 2005 - redesigned in part to minimize the impact to sensitive land areas
~ o Length reduced from 425 feet to 360 feet to avoid development within the 100-yr
AS a floodplain
o Wetland impacts were reduced from 0.25 to 0.11 acre.
o Vegetated corridor impacts were reduced from 0.56 to 0.42 acre.
• An Economic Social Environmental Energy (ESEE) analysis was performed to
examine the impacts of "allowing"; "limiting" or "prohibiting" conflicting uses.
ESEE report concluded that the proposed "limit" option...
o Minimizes impacts where not avoidable
. o Allows for mitigation opportunities for resource sites
Extensive Mitigation is proposed
Over'/2 an acre of wetland creation, enhancement and restoration.
Newly created and restored wetland and riparian resources will be added to the inventory of
locally significant sites.
The existing Pinebrook Creek channel will be replaced by a reconstructed channel follow a
historic stream alignment.
• Eliminating negative impacts to downstream hydrology and water quality due to
extensive modification to the stream from its natural state.
• Reconfiguration and installation of a new culvert (ODF&W) will permit fish passage.
Tree mitigation will total 336 caliper inches...369% more than the 91 cal. in. required
In Conclusion
Staff finds that the proposed Wall St. extension meets applicable review criteria and presents
sufficient evidence justifying the proposed impacts to sensitive lands, tree removal and the
requested comprehensive plan amendment.
Staff recommends that the City Council approve the proposed Wall Street project subject to
the conditions stated in the staff report.
An ordinance was prepared for Council consideration.
This afternoon...two paragraphs added (read text)
I
SW Wall Street Extension - Staff Report to City Council (May 9, 2006)
Intro - Denver Igarta, Associate Planner (LRPLN)
• Here to present staff report for the proposed extension of SW Wall Street
, • COT requested concurrent review...CPA, SLR, TRE to construct 1St phase of this project
• On Apr 3, PC considered the proposal...
o Voted unanimously to recommend approval to Council
• Tonight, CC will make the final decision on whether to approve the concurrent review
Project Description
• Location: E of Hall, S of Library, N of FP Condo
• Length - 360-foot extension along unimproved right-of-way
• Width - 72 ft ROW
Access
• Primary purpose for the project is to provide joint access
• Jan 2003 - private developer received approval to construct the FP Condos
• April 2003 - the City received approval to construct the Tigard Public Library
To meet ODOT Access Management Standards & TDC minimum spacing requirements
• "Joint" access planned
• ODOT authorized temporary access onto Hall Blvd. - given permanent joint access
Permits Required
Sensitive Lands Permit - proposed develop within sensitive wetlands (0.11 acres) & within the
stream buffer along Pinebrook Creek (0.42 acres)
Tree Remova/ Permit - proposed removal of 12 existing trees from sensitive land areas
Tree mitigation required for removal of 9 trees >12" in caliper equaling 91 caliper in.
Comp Plan Amendment - proposed impacts to wetlands classified as significant on the City of
Tigard "Wetlands and Streams Corridors Map" under the requirements of the
Statewide Planning Goal 5.
Applicant also submitted permits from:
CWS - encroachment into designated Vegetated Corridor
Oregon DSUArmy Corps of Engineers - proposed removal & fill of materials from wetland areas
Review Criteria - for consideration...any applicable
. • City's implementing ordinances (TDC)
• Comprehensive Plan policies; (Policy 3- Natural Features & Open Space)
• Metro regulations;
• Statewide Planning Goals and Guidelines;
• Federal or state statutes or regulations found applicable;
° OR Revised Statutes - Control of Access to Public Highways
0 Federal Clean Water Act - US Army Corps of Engineers wetlands permit
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M~L "~4MIE4 ~~HINM Street Improvements
SW Wall Street extension
Comprehensive Plan Amendment ■ 360 feet
Sensitive Lands Review ■ East of Hall Blvd
Tree Removal ■ getween the Library and Fanno Pointe
' Condominiums
City Council Public Hearing
' May 8, 2006
Tigara.. Wall Street
' PuWic ~ Comp Plan
Access to Library and Condos ,,,,ary~,,Amendment
■ Joint access onto SW Wall Street
~
■ 2003 - Fanno Pointe Condominiums Approval
~
Tigard Public Library Approval
■ ODOT authorized temporary access, given a W,,,stroe:
permanent joint access would be constructed onto
Wall Street. . 1Fanrio~POlnte
Condos
a
1
Review Criteria Findings
Decision based on consideration of any applicable ■ Provide joint aCCess
■ Provisions of the Citys implementing ordinances ■ Fanno Creek Trail connection
■ Comprehensive Plan policies ■ Final alignment & redesign
■ Metro regulations ■ ESEE anal sis
■ Statewide Planning Goals and Guidelines y ~ `~~.y ~
■ Restoration &
■ Federal or state statutes or regulations ~ i
Enhancement
~ r
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2
5- a• n co
Statement by City Attorney - Quasi-Judicial Land Use Hearing Procedures
The Council's role in this hearing is to make a land use decision under existing laws. The
Council cannot change the law for the land use application now under consideration.
Any person may offer testimony. Please wait until you are asked to speak by the Mayor and try
to limit your remarks to the applicable approval standards for the application.
Members of the City Council will be asked whether they have had any ex parte contacts or have
any conflicts of interest. A Council member must declare any contacts with the public regarding
this matter or any information received outside the record. After declaring the contacts, the
Council member may participate in the decision. If a Council member has an actual conflict of
interest, the Council member cannot participate. An opportunity will be provided to challenge
statements made by a Council member and to challenge the participation of a Council members.
City staff will make a presentation, followed by the applicant and those in favor of the
application. Then witnesses who oppose the application or who have questions or concerns
testify. If there is opposition or if there are questions, the applicant can respond. The Council
members also may ask the staff and the witnesses questions throughout the hearing until the
record closes. The applicant can make a closing statement. After the record is closed, the City
Council will deliberate about what to do with the application.
You must testify orally or in writing before the close of the public record to preserve your right
to appeal the Council's decision to the Land Use Board of Appeals. Failure to raise an issue
clearly enough so that Council understands and can address the issue precludes an appeal on that
issue. Failure to raise Constitutional or other issues related to proposed conditions of approval
with sufficient specificity to allow a response precludes an action for damages in circuit court.
Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with the
statement of an earlier witness, please just state that and add any additional points of your own.
When you are called to testify, please come forward to the table and give your name and mailing
address. If you have any exhibits you want us to consider, such as a copy of your testimony,
photographs, petitions, or other documents or physical evidence, at the close of your comments
you must hand all new exhibits to the City Recorder who will mark these exhibits as part of the
record. The City staff will keep exhibits until appeal opportunities expire, and then you can ask
them to return your exhibits.
i:\edm\cethykca~quesi jutlicial informationWtomey stetement - updeted by g. frestone march 06.tlac
I
5 L-t bmr 4-e d by
TIGARD WALL STREET EXTENSION
TRAFFIC OBSERVATION OF MARCH 13, 2006
JOHN FREWING
Time Hall S. Hall S/Lib. Lib/Hall N. Lib/Hall S. Hall N/Lib. Hall N. Tot
1600 56 6 3 4 1 33 103
1605 68 5 4 2 50 129
1610 65 6 1 1 51 124
1615 57 7 3 1 2 44 114
1620 61 5 1 5 41 113
1625 69 7 7 5 6 42 136
1630 64 3 5 1 4 45 122
1635 67 3 7 3 3 45 128
1640 55 3 6 4 3 47 128
1645 70 1 5 2 3 50 131
1650 53 3 3 2 3 45 109
1655 80 5 3 4 6 37 135
1700 58 6 1 5 4 49 123
1705 63 8 4 4 1 46 126
1710 85 3 2 9 1 41 141
1715 85 3 1 2 8 71 170
1720 69 8 8 11 4 38 138
1725 64 2 5 4 3 43 121
1730 64 9 4 6 3 63 149
1735 48 2 5 6 5 59 125
1740 51 2 9 9 2 70 143
1745 58 4 6 2 3 65 138
1750 43 4 2 7 2 50 108
1755 59 4 6 2 3 65 139
PM PEAK 1645-1745 MARCH 13, 2006
790 52 50 64 43 612
PM PEAK 1645-1745 FROM DKS STUDY, 2002 FORECAST FOR 2005
947 89 96 107 100 674
NOTES:
1 Weather cloudy, turning to rain. Temperature 45F
2 In peak hour, total of 14 entries or exits from Hall Blvd to Fanno Pointe Condominiums
3 Dozens of school buses travel north/south on Hall Blvd during peak hour
4 Queue on Wall St at signal waiting to access Hall Blvd peaked at 5 cars at 1630
5 Access Wall St to Hall Blvd southbound stopped by backup from McDonald St at 1725
.
~ . .
AGENDA ITEM No. 6 Date: May 9, 2006
PUBLIC HEARING
(QUASI JUDICIAL)
PUBLIC HEARING (QUASI JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT (CPA) 2004-00001/SENSITIVE
LANDS REVIEW (SLR) 2004-00003 & 2006-00001/TREE REMOVAL (TRE) 2006-00001 through 2006-00009 - SW WALT.
STREET EXTENSION
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
REQUEST: As part of a capital improvement project, the applicant is requesting approval to build a 360-foot extension of SW Wall Street, east of
SW Hall Blvd, between the Tigard Library and adjacent condonvniums. As part of this extension, wetlands that are designated as locally significant
will be impacted and reconfigured. To conduct this work, a comprehensive plan amendment is xequired. Sensitive Lands reviews are required for
impacts to wedands and Pinebrook Creek, a tributary to Fanno Creek. A numbex of trees in the sensitive land areas will require removal to
accommodate the grading and construction of the roadway requiring Tree Removal perinits. The applicant has requested concurrent review of all
these permit applications. The Wall Stteet extension will provide a joint access to both the Tigard Public Library and the Fanno Pointe
Condominiums to satisfy obligations to the Oregon Department of Transportation (ODOT) which allowed temporary access to the
Condomuuums and the Library from Hall Boulevard. This 360-foot extension will ternunate on the west side of Fanno Creek anTi west of its 100-
year floodplain. Future extensions of SW Wall Street across Fanno Creek will require a sepaxate review and appxoval by the Citv, State and Fedexal
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. ZONE: R-12: Medium-Density
Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimLUn lot size of 3,050 square feet.
. A wide range of civic and insritutional uses are also permitted conditionally. COMPREHENSIVE PLAN DESIGNATION: Mediutn-Density
Residential and Open Space. APPLICABLE REVIEW CRITERIA: Communiry Development Code Chapters 18.385, 18390, 18.510, 18.775,
18.790, 18.795 and 18.810.
This is a City of Tigard public meeting~, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part
of the public tecord and is openly available to all members of the public. The names and addresses ofpersons who attend or partlcipate'in City of
Tigard public meetrugs will be included in the meeting minutes, which is a public record.
i:\adm\cathy\ccs sign up\agenda item 6- sw wall street extension.doc
~
Due to Time Constraints City Council May Impose A Time Limit on Testimony
AGENDA ITEM NO. G
Tbis is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony
become part ofthe public tecotd. Tbe names and addtesses ofpersons who attend orparticipate in City ofT,igard public meetings will be
included in the meeting minutes, which is a public record.
Proponent (Speaking in Favor) Opponent (Spealdng Against) Neuual
NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE
Please Print Please Print Please Print
Name: Name: Name:
Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if
will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce:
Address Address Address
- Ciry Ciiy City
State Zip State Zip State Zip
Phone No. Phone No. Phone No.
Name: Name: Name:
Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if
will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce:
Address Address Address
City City Ciry
State Zip State Zip State Zip
Phone No. Phone No. Phone No.
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Agenda Item #
Meeting Date May 9, 2006
COUNCIL AGENDA ITEM SLTNIlVIARY
City Of Tigard, Oregon
Issue/Agenda Tit1e Participation in the Proposed Willamette River Water Coalition (WRWC) Projects
Prepared By: Dennis Koellermeier Dept Head Okay City Mgr Okay
Col-
ISSUE BEFORE THE COUNCILAND KEY FACTS
Consider the recommendations of the Intergovernmental Water Board and direct staff to prepare a response regarding
the Tigard Water Service Area's (TWSA) pamcipation in the proposed Willamette River Water Coalition (WRWC)
projects.
■ The TWSA needs to decide whether it wishes to participate in two proposed WRWC projects.
■ The Intergovernmental Water Board (IWB) has reviewed the issue and two leaers containing the Board's
recommendations are attached
STAFF RECOMMENDATION
Approve the IWB's recommendations on the proposed WRWC projects and direct staff to prepare a response to the
WRWC consistent with IWB recommendations.
KEY FACTS AND INFORMATION SUNIlVIARY
The City of Sherwood and the Tualatin Valley Water District (TVWD) have decided to expand the Willamette River
water supply system and are required to offer fellow WRWC members the oppomuuty to participate in the proposed
expansion. As a WRWC member, the City of Tigard needs to decide whether it wishes to pazticipate in either of these
projects. '
The Sherwood expansion is expected to take three years. Since the T'VWD has entered into a ten year contract with
Portland, their project will &ely be completed within this time period
On March 21, 2006, the City Council and the IWB heard a presentation on the Sherwood and TVWD projects. At their
Apri112, 2006, IWB meeting, the Board discussed TWSA's participation in the Wfflamette River Water Coalition
(WRWC) projects. Two recommendation letters from IWB Chairperson Bill Scheiderich are attached
Responses regarding the Sherwood and the T'VWD expansion projects are due May 10, 2006, and May 30, 2006,
respectively.
OTHER ALTERNATIVES CONSIDERED
The City Council could change the IWB's recommendations or could choose to not respond at all. Lack of a response
would be treated as though the TWSA had declined participation.
CAUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Tigard City Council, Other Important Goals for 2006
■ Secure Long-Range Water Source(s)
Tigard Beyond Tomorrow, Urban & Public Services
• Water & Storm Water Goal #2: "Equity position in a regional water system by 2007." - Strategy #1:
"Continue to explore a11 options open to Tigard where the City can buy into the source and the associated
infrastructure and become a part owner of the source/system."
ATTACHMENT LIST
1. Letter to the Council regarding Shervood's Project Proposal to Willamette River Water Coalition Members
2. Letter to the Council regarding Tualatin Valley Water District's Project Proposal to Willamette River Water
Coalition Members
3. Notification to the WRWC from the City of Sherwood
4. Cover Letter and Notification to the WRWC from the TVWD
FiscALNoTEs
Should TWSA decide to participate in the either expansion, a project agreement will be adopted This agreement will
establish a timeline, participation, cost shares, operation and maintenance responsibilities, and governance.
Attachment 1
~ - - , .
Apri124, 2006
The Tigard City Council
13125 SW Hall Blvd
Tigard OR 97223
Dear Mayor Dirksen and City Councilors:
Subject: Sherwood's Project Proposal to Willamette River Water Coalition (WRWC) Members
The Intergovernmental Water Board (NUB), representing the cities of Durham, King City and
Tigard and the Tigard Water District, has met and has considered participation in the City of
Sherwood's expansion of the Willamette River Water System. As you know, Tigard is a member of
the WRWC. According to the WRWC agreement, any member deciding to expand or modify the
Willamette River water supply system is required to provide fellow members with 90-day notice; thus
affording those members the oppomuuty to participate in the proposed expansion. The City of
Sherwood has provided such notice.
Aside from some limited right-of-way or easement acquisition for shared use for a Sherwood and a
regional water supply pipeline, the IWB recommends the Tigard Water Service Area ('I'WSA) decline
to participate in the Sherwood expansion. Differences in water pressure, elevation, and routing make
the Sherwood project of little direct benefit to TWSA customers. However, the Board further
recommends Tigard partner with Sherwood and other WRWC members in any right-of-way or
easement acquisition, where such acquisitions could provide economy-of-scale cost savings related
to the development of a future high pressure pipeline. Should such opportunities exist, Sherwood
has indicated its willingness to include WRWC partners in these portions of the project.
The Board wishes to thank the Council for its consideration of this matter.
Sincerely,
~
c
Bill Scheiderich
Chair, Intergovernmental Water Board
gg
c: Craig Prosser, Tigard City Manager
Attachment 2
~
April 24, 2006
The Tigard City Council
13125 SW Hall Blvd.
Tigard OR 97223
Dear Mayor Dirksen and City Councilors:
Subject: Tualatin Valley Water District's ('I'VWD) Project Proposal to Willamette River Water
Coalition (WRWC) Members
The Intergovernmental Water Board (IWB), representing the cities of Durham, King City, and
Tigard and the Tigard Water District, has met and has considered participation in T'VWD's
expansion of the Willamette River Water System. As you know, Tigard is a member of the WRWC.
According to the WRWC agreement, any member deciding to expand or modify the Willamette
River water supply system is required to provide fellow members with 90-day notice; thus affording
those members the oppominity to participate in the proposed expansion. The TVWD has provided
such notice.
The 1"VWD plans to construct full-scale treatment plant and transmission main improvements. The
IWB recommends the Tigard Water Service Area ('I'WSA) partner with the TVWD on specific
components of the project. Of greatest interest to the 'I'WSA are those improvements that need to
be constructed to full capacity in order to obtain economy-of-scale cost savings which can only be
achieved through a coalition of partners. Specifically, this includes the north/south regional
transmission main and a few specific components of the treatment plant eapansion. The
north/south transmission main was originally envisioned in regional planning and would enable
partners to shuttle Portland and Joint Water Commission water south as well as Willamette River
water north. This critical line would interconnect three separate water systems, providing the region
with more water options and supplemental water sources.
The IWB is aware that the City of Tigard has a charter amendment requiring voter approval to use
the Willamette River as a drinking water source, but recommends that the City invest in these
improvements and, if necessary, recover the investment by leasing the facilities to others. The
TWSA will also need to reserve the right to adjust our participation level based on upcoming
decisions related to other water sources. The TVWD has indicated its willingness to work with the
TWSA within the context of these constraints.
Lastly, the IWB members have reflected on earlier decisions to not participate in regionally
significant water supply projects and recognize these decisions were shortsighted and not in the best
interest of TWSA customers. Water source planning is a long-term process that requires vision and
the ability to look beyond short-term political issues.
The Board wishes to thank the Council for its consideration of this matter.
Sincerely,
~
Bill Scheiderich
Chair, Intergovernmental Water Board
gg
c: Craig Prosser, Tigard City Manager
Attachment 3
_ D
4
NOTIFICATION TO THE WILLAMETTE RIVER WATER COALITION
BY THE CITY OF SHERWOOD, OREGON
A PROPOSAL TO EXPAND AND MODIFY THE
WILLAMETTE RIVER WATER SUPPLY SYSTEM
Distributed to WRWC membership on January 25, 2006
Response by WRWC members due no later than May 2, 2006
The City of Sherwood, Oregon offers this Proposal to Expand and Modify the Willamette River
Water Supply System for consideration by the Willamette River Water Coalition (WRWC)
mernbership pursuant to Section 5.1 of the 2003 WRWC Intergovernmental Agreement.
The goal of this Proposal is to coordinate with the WRWC members and the City of Wilsonville
in developing the Willamette River as a long-term source of high quality drinking water at a
competitive cost. Implementation of the proposed improvements (the Project) will provide the
Project participants an ownership interest in a water supply system that will provide high quality water at a competitive cost in a manner that is consistent with the Regional Water Supply Plan.
This Project will further support the goal of the WRWC to make efficient use of the water rights
held by the WRWC for the collective benefit of WRWC members.
The City of Sherwood, Oregon proposes to expand and modify the existing Willamette River
Water Supply System, consisting of the existing Willamette River Water Treatment Plant and
associated supply, treatment, pumping, storage, and transmission facilities. In summary, the
proposed Project includes:
1. Extension of the existing finished water transmission main from the Willamette Water
Treatment Plant in Wilsonville to a location approximately half way between the cities of
Wilsonville and Sherwood.
2. Construction of a new finished water reservoir at an overflow elevation of approximately
400 ft, to be located approximately half way between the cities of Wilsonville and
Sherwood.
Q
3. Construction of a new fnished water transmission rriain from the proposed new reservoir
to the City of Sherwood's existing Sunset Park reservoir.
The fnal scope, schedule, and budget for the Project are currently under development.
It is anticipated that the Project will result in an initial increase in demand on tlle existing
Willainette River Water Supply System of approximately 5 million gallons per day (mgd) to
serve the City of Sherwood, plus any additional demands resulting from other participants in the
Project. The Project will be sized to serve the future capacity requirements of the City of
Shei-wood and it is intended that future increases in demand will be met using the Willamette
Notification to the Willamette River Water Coalition by O
The City of Sherwood, Oregon Y
January 25, 2006
Page 2
River Water Supply System. In accordance with the WRWC agreement, the WRWC will
transfer/assign sufficient water rights to the Project to allow it to function at planned capacity.
It is anticipated that the City of Sherwood will be the lead agency, responsible for the permitting,
design, and construction of the Project. A project agreement will be negotiated between Project
participants. Unless, otherwise agreed to by the parties participating in the Project, the
participants will own the proposed improvements and the Project will be operated and
maintained as outlined in Section 4 of the WRWC Agreement.
Section 5.1 of the WRWC Agreement requires WRWC members to notify the WRWC of their
acceptance or rejection of the Proposal to Expand and Modify the Willamette River Water
Supply System by no later than 90 days following receipt of the notice. Acceptance of this
Proposal by a member will be considered acceptance of participation in the Project by that
member. Rejection of this Proposal by a member or failure of a member to respond within 90
days will be considered a rejection of participation in the Project by that member. A final project
agreement establishing participation, cost shares, operation and maintenance responsibilities, and
governance _will be adopted following the conclusion of the notice period.
The City of Wilsonville and the Tualatin Valley Water District (TVWD) initiated development
of the Willamette River as a drinking water supply option. Over the last three years, the
Willamette River Water Supply System has proven to be a reliable, cost effective source of high
quality water for our communities. It is the goal of the City of Sherwood to become a partner
with these agencies and the WRWC to further expand water supply from this important regional
water resource.
Attachment 4
Tualatin Va11ey Water District
. .
~ r-. P. D. Box 745 • Beaverton, Oregon 97075 • Phone: (503) 642-I511 •Paz: (503) 649-2733 • wwMtvwd.org '
Grregory E. AiI_.oreto
General Maitoger March 1, 2006 Bernice Bagnall Kelly Ross . .
Chief Financial Amanda Rich
Officer
Willamette River Water Coalition .
12725 SW 66th Ave., Suite 107 .
Debra Erickson portland, OR 97223 .
Manager, Human
Resources
RE: Tualatin Valley Water District's Notification of Pr.oposal to Expand the
Dale Fishback Willamette Water Supply System
Manager, Operations & Field Services Dear Kelly and Amanda:
Todd Heidger};en Pursuant to Section 5.1 of the 2003 Willamette River Water Coalition (WRWC) agreement,
Matiager, Comnwriiry the Tualatin Valley Water District (TVWD) is providing you with a proposal to expand and
& rn:ergovernmentat modify the Willamette River Water Supply System. Details of the proposal aze attached for
Relations
. your consideration. Questions regazding this proposal can be directecl to TVWD Project
Representative, Stu Davis at 503-848-3025 (direct) or email stu @tvwd.org.
Brenda Lennox Manager, Customer
& Support Services I Would request we be included on the agenda for the March 29 WRWC Board meeti.ng in
. order to provide an overview of the TVWD project and to answer any questions.
Gary Pippin
osal via email will be 'n the 90
Manager, Tt is assumed that receiPt of this letter and the TVWD ProP ~
Eiigineering Services day period for WRWC rnem6ers to declare-their:intentions regarding their participation in
this project. Given that time is of the essence in completing the proposed project, TVWD
would appreciate responses from the WRWC members in less than the 90 day period, if
feasible: Thank you for your consideration of our proposal. .I can be reached at 503-848-3014- or by
email, ~reg@tvwd:org should you have any questions.
Sincerely, /
4Gr ory E. DiL ~reto General Manager
cc: WRWC Board Members WRWC Sta:ff Representatives
WATER - not to be taken for granted . ,
~
Letter to WRWC, ICelly Ross 8c Amanda Rich, 03-01-06.doc/Greg/Pattyr j!3!1/2006
NOTIFICATION TO THE WILLAMETTE RNER WATER COALITION
BY THE TUALATIN VALLEY WATER DISTRICT
A PROPOSAL TO EXPAND AND MODIFY THE
WILLAMETTE RIVER WATER SUPPLY SYSTEM
Distributed to WRWC membership on March 1, 2006
Response by WRWC members due no later than May 30, 2006
The Tualatin Valley Water District (TVWD) offers this Proposal to Expand and Modify the
Willamette River Water Supply System for consideration by the Willamette River Water
Coalition (WRWC) membership pursuant to Section 5.1 of the 2003 WRWC Intergovemmental
Agreement.
The goal of this Proposal is to coordinate with the WRWC members and the City of Wilsonville
in developing the Willamette River as a long-term source of high quality drinking water at a
competitive cost. Implementation of TVWD's proposed Water Supply Improvements Program
(the Project) will provide the Project.participants an ownership interest in a water supply system
that will provide high quality water at a competitive cost in a manner that is consistent with the
Regional Water Supply Plan. This Project will further support the goal of the WRWC to make
efficient use of the water rights held by the WRWC for the collective benefit of WRWC
members.
The Tualatin Valley Water District proposes to expand and modify the existing Willamette River
Water Supply System, consisting of the existing Willamette River Water Treahnent Plant and
associated supply, intake, treatment, pumping, storage, and transmission facilities. In summary,
the proposed Project includes:
1. Expansion of the existing treatment, pumping, clearwell storage, and transmission
facilities at the Willamette River Water Treatment Plant in Wilsonville to add
approximately 55 mgd of finished water delivery capacity to the existing treatment plant.
2. Construction of a new finished water transmission main with a capacity of approximately
70 mgd from the Willamette River Water Treatment Plant in Wilsonville to a location in
the TVWD service area.
3. Possible construction of a new finished water reservoir with a capacity of approximately
20 mi(lion gallons at an overflow elevation of approximately 465 feet at the terminus of
the proposed new transmission main at a location in or near the TVWD service area.
The final scope, schedule, and budget for the Project are currently under development. In
addition, the Project may be discontinued or postponed at the discretion of the TV WD Board.
Notif cation to the Willamette River Water Coalition by
The Tualatin Valley Water District
March 1, 2006
Page 2
The approximate capacities noted above are based on meeting TVWD's requirements. These
capacities would need to be increased to meet the requirements of other WRWC rnembers
wishing to participate in the Project. It is anticipated that the WRWC wil] allocate sufficient
water rights to the Project to allow it to function at planned capacity.
It is anticipated that TVWD will be the lead agency, responsible for the permitting, design, and
construction of the Project. A project agreement will be negotiated between Project participants.
Unless, otherwise agreed to by the parties participating in the Project, the participants will own
the proposed improvements and the Project will be operated and maintained as outlined in
Section 4 of the VVRWC Agreement.
Section 5.1 of the WRWC Agreement requires WRWC members to notify the WRWC of their
acceptance or rejection of the Proposal to Expand and Modify the Willamette River Water
Supply System by no ]ater than 90 days following receipt of the notice. Acceptance of this
Proposal by a member will be considered acceptance of participation in the Project by that
member. Rejection of this Proposal by a member or failure of a member to respond within 90
days will be considered a rejection of participation in the Project by that member. Final notice of
acceptance or rejection by WRWC members in less than 90 days would be especially welcome
given that time is of the essence in completing the proposed Project.
A Project agreement between participants in the Project will be adopted following the conclusion
of the notice period. The Project agreement will establish participation, cost shares, operation
and maintenance responsibilities, and governance associated with the proposed Project.
The City of Wilsonville and the Tualatin Valley Water District initiated development of the
Willamette River as a drinking water supply option. Over the last three years, the Willamette
River Water Supply System has proven to be a reliable, cost effective source of high quality
water for our communities. TVWD now intends to expand water supply from this important
regional water resource to meet the District's current and future water supply requirements.
Cathy Wheatley - Fwd: city council meeting Page 1
From: Craig Prosser
To: Dennis Koellermeier
Date: 5/9/2006 2:48:43 PM
Subject: Fwd: city council meeting
FYI
<TWoodr@aol.com> 5/7/2006 7:22:36 PM
Hi Craig,
I am sorry that I will not be able to be there for this week's budget
committee or Tuesday's City Council meeting. I am leaving Monday morning and will
not be back in town until Friday evening.
On the agenda for Tuesday night is a discussion about participating with one
or both of the Willamette River Water Coalition. I was not able to attend
the meeting that these proposals were discussed at the TWB- but have been
involved in the issue in a variety of settings.
My position is that we it is not yet time to through out any options. We
should continue to work with all our partners until all of our choices are
clearly delineated. But I am opposed to a significant increase in our financial
investment regarding the Willamette as the implication would be that we
moving the city down that road prior to the required vote. I do not want us to
have spent large amounts of money without voter approval that this is the
direction that they want us to go.
My hope is that the Lake Oswego study will reveal that the Clackamas is the
best equiry option and that we can rely on that along with Bull Run to meet
our needs over the next 20 to 30 years.
See you on the 15th.
tom woodruff
CC: Cathy Wheatley
Agenda Item # q
Meeting Date May 9, 2006
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Tide Report ftom Mayor and Council Members on the National League of Ciries
Congxessional Citv Confexence
Prepaxed By: Cathy Wheadev Dept Head Okay City Mgr Okay
ISSUE BEFORE THE COUNCIL AND KEY FACTS
The Mayor and Council members will give a report on the March Narional League of Ciries Congtessional City
Conference they attended in Washington D.C.
STAFF RECOMMENDATION
N/A
KEY FACTS AND INFORMt1TION SUMMARY
Mayor Dirksen and Councilors Harding, Sherwood, and Woodruff attended the National League of Cities
Congressional City ConfeYence in Masch. The Mayox and Council members will give a xeport on their meeting with
legislatoYS and the leadeYShip trauiuig seminars they attended.
OTHER ALTERNATIVES CONSIDERED
N/A
COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT
Council Goal - Improve Communication and Relationship with Citizens
Tigard Beyond Tomorrow - Communication Goa1: Maximize accessibility to informarion in a variety of formats.
ATTACHMENT LIST
None.
FISCAL NOTES
N/A
1:\edmlpecket'08\060509\conpress of dties conference.doc