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05/05/1993 - Packet AGENDA NPO #3 MEETING WEDNESDAY, MAY 5, 1993 - 7:00 P.M. TIGARD CITY HALL 13125 SW HALL BLVD. TIGARD, OREGON City of Tigard JOINT MEERNG WITH NPO #7 FOR THE FOLLOWING: • PROPOSED WETLANDS INVENTORY AND ESEE ANALYSIS MATERIAL ATTACHED -Pfesentation and Discussion Duane Roberts, City Staff ADJOURN TO REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL: PORTER BISHOP FROUDE GARNER HANSEN HELM MORTENSEN 3. Approve Minutes from April 7, 1993 meeting (not attached). 4. Review Notices of Decision received. 5. Other Business. 6. Adjournment TO ENSURE A QUORUM TO CONDUCT BUSINESS, PLEASE CALL LIZ NEWTON AT 639-4171, EXTENSION 308 IF YOU ARE UNABLE TO ATTEND April 28, 1993 Dear NPO Member: The attached report was prepared as part of Periodic Review of Tigard's comprehensive plan. It addresses certain state requirements related to the inventory and protection of wetlands. In particular, to complete Periodic Review, the city is required to (1) inventory its wetlands and determine which are ecologically significant, and (2) to develop a program to protect these significant wetlands. Before developing this protection program, the Periodic Review process requires that a jurisdiction balance conflicting uses of specific sites. For significant wetlands that have a potential conflict, such as wetland located on land designated for industrial development, an economic, social, environmental, and energy (ESEE) analysis must be undertaken to determine which sites should be protected and which can be developed. Under the provisions of Periodic Review, the sites that should be regulated are those where the resource value outweighs the conflicting use. The City's current ordinaces pertaining to the regulation of wetlands have been determined by DLCDC to be in compliance with state law. The only shortcoming cited regarding these ordinaces that is that they can only be applied to those wetlands clearly defined as significant in an adopted inventory. The staff study concludes that almost all the wetlands identified in a comprehensive, city-wide inventory carried out in 1989 are significant and should be protected from development. The only wetlands not recommended for protection are certain small, seasonal drainage ditches and small livestock and ornamental ponds that do not drain into a stream system. These wetlands are not recommended for protection because they have been judged to have negligible wetlands value. In summary, staff is seeking comments on its proposal that the City Council adopt into the comprehensive plan the proposed inventory of significant wetlands and new ESEE that recommends that all such sites be protected. Comments on this report are welcome. They should be directed to Duane Roberts or Carol Landsman in the Long Range Planning Division. DRAFT Appendix II WETLANDS ESEE This report provides background information pertaining to the delineation and regulation of wetlands within the City of Tigard. This information is provided in compliance with statewide goal 5. This rule requires cities and counties to identify and adopt programs to protect wetland and other natural and scenic resources . Three specific steps must be followed to meet this goal : 1 . Inventory of the location, quantity, and quantity of resource sites and the evaluation of their significance. 2 . Once a resource has been determined to be significant, determination of whether any potential uses of the property would conflict with the resource. If potentially conflicting uses are identified, an ESEE analysis must be conducted. ESEE stands for "economic, social, environmental and energy. " 3 . After the ESEE analysis has been conducted, there are three options for dealing with the site: protect the resource fully and do not allow any conflicting uses, allow the conflicting use to occur, or limit the conflicting use. (1) INVENTORY PROCESS Scientific Resources, Inc. (SRI) , a private consulting firm specializing in wetlands research, has identified and assessed wetlands within the City of Tigard. During summer and autumn of 1989, data and observations were collected to sufficiently characterize the size and composition of each wetland area, and a Wetland Wildlife Habitat Assessment (WWHA) was conducted for each wetland area/system identified. The overall purpose of the study was to produce a comprehensive, city-wide treatment of the extent, location, and habitat value of the wetland resources within the City. SRI identified a total of 116 individual wetlands totaling approximately 281 acres of potentially regulated jurisdictional wetland (Figure 1) . The distribution of these wetlands is closely associated with the existing network of drainageways . Fanno Creek is the dominant stream system. It follows a north to south flowing course from its headwaters in the West Hills to its mouth at the Tualatin River. It is fed by two major tributaries, Ash Creek, flowing from the northeast and Summer Creek, which flows from the west . Wetlands along Fanno Creek and its major tributaries are relatively long and narrow and are limited to the floodplain by topographic features (e.g. , terraces and levies and COMPREHENSIVE PAN -VITETIL, AND INVENTORY a TAYLOR'SFd) Tigard City Limits C-S c-u Wetland Areas L ST - S . sT l Wetlands Designated .�_ As Not Significant ► i a DAKOTA e- 5T TICa4:4) �..: 5 FPL Q E- -21t DR DR W& UT 09 �qt —10 P , 3 NER 2 E ST -32 n _ _ `per a E-8 H � 2 .w a E-O gyp ST p E-21 aG MCDOWD ST M - .WAIN •E- BLIL C, CANTE14M E- LN LN D �-�� RD LT �'�Tt�OC1C a _ / IM S4TTE—M 12 6EAU -3 BEEF � � q F 3 07 F TiGARD SDJM- wetland hverbry and As�strrent for ADO 26. 1993 ThP ('fv nf Ti—d L, other sharp changes in slope gradient) . Several small wetland areas are located along three minor tributaries of Fanno Creek. One small stream flows south directly into the Tualatin River along the southern border of the study area. Where Highway 217 crosses Ash Creek and Red Rock Creek, several relatively large wetlands have been extended and enhanced with ponds . The Tualatin River floodplain, at Cook Park, has contributed to the formation of several wetland areas also. The identification of these wetlands was carried out in several phases . These phases included a review of color aerial photography, intensive study of detailed topographic sheets, identification and compilation of both hydric soils only and all soil types found in the study area, review of 100-year floodplain maps, significant natural resources, parcel base/tax lots, and topographic quarter-section maps, and National Wetlands Inventory maps. In addition to collecting data for input to the WWHA analysis, field observations were made on weather conditions, topography, drainage, vegetation community composition and species dominance, and human activities. The boundaries of each potentially regulated wetland were then refined using the site specific observations made. The WWHA was conducted and qualitative descriptions were made of each wetland area. There were two parts to the WWHA methodology: 1) a narrative description of the site; and 2) a numerical rating of various wildlife habitat parameters to identify the potential a given site has for wildlife. A host of habitat and wildlife observations were made. These included: 1 . A description of the location of the WWHA unit, 2 . An approximation of the size of the WWHA unit, 3 . Comments regarding the reasoning behind specific numeric, ratings or for potential of the site for rehabilitation, 4 . Seasonality of water features, 5 . Visual observation of water quality, 6 . Proximity of water to cover, 7 . Water type diversity, 8 . Wildlife food variety, 9 . Wildlife food quantity 10 . Wildlife food seasonality is a measure of food on a year-round basis, 11. Structural diversity of cover, 12 . The variety of cover types. The individual scores among the various habitat components, were summed to arrive at a final score for a given site. Depending on the final site score, a class was assigned to the site with classes representing a predetermined range of habitat quality. The classes, from I through IV, in decreasing order of habitat quality (Class I the highest, Class IV the lowest) are defined as: Class I 76-96 (High value) Class II 59-75 (Mod. high value) Class III 34-58 (Mod. low value) Class IV 0-33 (Low value) The table below shows the number of acres in each wetlands class. Class 2, with 115.4 acres, contains the largest number of acres, while Class 4, with only 14 . 6 acres, is by far the smallest wetlands class . Wetland Class Acreage 1 56 .2 2 139 .5 3 71 .3 4 14 .6 TOTAL 281 .6 EVALUATION OF SIGNIFICANCE The SRI WWHA assessed only the relative value of wetland for wildlife habitat. Wetlands serve many other valuable social and ecological functions as well. These other functions include controlling flooding and storm water runoff by storing or regulating natural flows; protecting water resources by filtering out water pollutants, processing biological and chemical oxygen demands, recycling and storing nutrients, and serving as settling basins for naturally occurring sedimentation; providing areas for groundwater recharge; providing open space and visual relief from development in urbanized areas; and providing recreation opportunities . Many of these other values associated with wetlands are evident in Tigard. For example, the preservation of wetland and other open drainage areas contributes importantly to regulating storm water runoff in the City. As mentioned in the Tigard Master Drainage Plan, failure to maintain the City's wetlands will increase the public cost for storm sewers, channels, and culverts. Of related significance is the biofiltration value of the City' s wetlands. This function is particularly noteworthy because of the high levels of stream pollution found in the Tualatin River. Illustrative of these high levels is that Tigard is one of eleven jurisdictions involved in a recent court decree directing the State Department of Environmental Quality (DEQ) to establish limits for ammonia and phosphorous discharged into the Tualatin. An important part of the plan to meet these new limits includes protecting the "physical and biological integrity of wetlands" because of the pollution control benefits they provide. Tigard-area wetlands also are being used as educational resources for students and the community. An outstanding example is the some 20 acres of wetland found on the campus of Fowler Middle School . These wetlands and the natural areas surrounding them are the focus of an environmental learning center established in 1992 . Even wetland areas with the lowest WWHA rating based on wildlife habitat functions are described in SRI field notes as having some value for wildlife. Moreover, with the few exceptions noted below, all of the sites regardless of class have the potential for natural area restoration and upgrading. Such restoration has occurred in four cases since 1991 and additional enhancement work currently is underway. Because Tigard's wetlands are valuable and fragile natural resources, almost all of the identified wetlands are significant and are worthy of inclusion in the ESEE analysis. An exception to this assumption are two small seasonal ditches and six small artificial ponds that have no inlet or outlet and have little or no value as wildlife habitat (Figure 1) . These areas are identified in the following table with a brief description. They occupy a combined total of only 3 .7 acres. They are designated as not significant because they play no role or function as wetland areas . Wetland Size Ac Description B13 0 .29 low area between two roads C10, 11 0 .45 seasonal ditch and swa e F13, 14 0 .90 goit course ponds F , residential ponds F1, 12 10 .78 111vestockponds (2) CONFLICTING USES The Goal 5 administrative rule requires an ESEE analysis to weigh the importance of a resource site and the value of the site for other land uses . The outcome of the ESEE analysis is a recommendation to resolve the conflicting uses. A conflicting use is one which, if allowed, would negatively impact a Goal 5 resource. This section discusses general ESEE consequences as related to wetlands . Economic Consequences The economic consequences of protecting, or not protecting, wetlands is related to drainage costs, public infrastructure costs, site development costs, and property values. It also is directly related to the loss of land zoned for residential, commercial, and industrial development. Many wetland sites in the City include natural drainage ways that are part of the City's storm drainage system. If these sites were filled, the construction and maintenance costs for storm sewers, channels, and culverts to handle storm water runoff would be expensive and would accrue to developers and the City. The loss of the filtering and settling function of wetlands would be costly to the community with respect to achieving federally imposed water quality standards . Because the pollution of the Tualatin River currently is above allowed levels, any loss of these natural treatments processes would have to be compensated for by mechanical and chemical methods . Another factor in assessing the economic consequences of protecting, or not protecting Tigard's wetlands is the effect this decision would have on the availability of land zoned for residential, commercial, and industrial development in the City. Approximately 128 acres of wetlands in the study area are located within areas designated for residential development. Protecting these wetlands would diminish the supply of land available for residential construction. But measured against the City's total inventory of vacant residential land, estimated at 3, 607 acres in a 1989 survey, the effect of this loss would be relatively negligible. The consequences in terms of the loss of developable housing units would be negated to an additional extent by the Comprehensive Plan policy allowing 25% of the density on the unbuildable portions of lots containing sensitive lands to be transferred to the buildable portion. While sufficient buildable land exists for residential development, the supply of land available for commercial and industrial development is less adequate. The diminishing supply of land available for commercial and industrial development is identified in the Tigard Comprehensive Plan as one of the core problems facing City economic development. As of 1989, the City's supply of commercial and industrial land was estimated 159 and 170 acres, respectively. Data on wetlands associated with these acerages is shown below. Study Inventoried Acreage Area Wetlands with Conflicting Uses B Commercial - B7, 9, 19 .53 11, 12, 14, 15, 16 Industrial- E3, 4, 17 .32 15, 16 (36 .85) E Commercial 41. 65 -E5, 6, 9, 10 , 11, 12, 13, 26, 27, 28, 29 26 . 9 Industrial- (68.55) E5, 14, 15, 16, 20, 21, 22, 23, 24, 2 5, 30, 31, 32, 33 G ! Industrial- G1-14 j38 .2!71 Given the limited supply of vacant land zoned for commercial retail and industrial development, the protection of the 140 acres of wetlands that are part of the inventory of these lands would have a significant impact on the potential for commercial and industrial growth. Mitigating this impact to some degree is that ample room for commercial and industrial growth and expansion is available on a regional basis. This is important because the City economy is an integral part of a regional economy involving all of the communities located within the Portland metropolitan area. Fully three-fourths of employed persons living in Tigard work outside the City. Many Tigard enterprises are subcontractors and suppliers to businesses located in other metropolitan area jurisdictions. Although the protection of Tigard's wetlands is a disadvantage relative to attracting new and expanded development to Tigard, the placement of new industry/commerce in any jurisdiction within the region can benefit the City by creating job opportunities for local residents and increasing the market for locally based goods and services. Protecting the City's wetlands may have a negative effect on individual property owners by decreasing the development potential of property and, in some cases, by increasing development costs . Protection may increase development costs by requiring more site planning and design to incorporate natural features into the site. However, since state and federal regulations already preclude the development of wetland areas, the direct economic impact of City regulation is limited to the current City requirement that prohibits development within 25 feet of any wetland. Although this locally-imposed requirement places a burden on individual property owners, the requirement is necessary to protect the water quality functioning of Tigard's wetlands . Social Consequences Protecting wetlands within the City provides recreation, a more livable city, open space, wildlife habitat, waterways, and scenic vistas. Wetlands offer scientific and educational opportunities . Wetland protection also is a beneficial urban design element, and improves the image of the city as a livable place. Environmental Consequences Protection of Wetlands would help maintain the existing diversity of the natural environment and maintain connections to larger natural areas outside the City. Protection of Wetlands would preserve or enhance these functions and values : wildlife habitat; water quality, erosion protection, flood control; diversity of plant life; and education and research opportunities . Energy Consequences The only known energy costs would be those associated with site development improvements, mitigation, flood damage clean-up, and the energy consumed by the commute to see wetland resources . (3) PROGRAM DEVELOPMENT Because the functions they provide outweigh the conflicting uses described in the ESEE, the option recommended for dealing with Tigard's wetlands is to protect all of the wetland areas identified as significant and not allow any conflicting uses . The protection program proposed consists of the current provisions of the Tigard Community Development Code pertaining to wetland areas. These provisions have been determined by DLCD to meet Goal 5 requirements. DR/ESEE April 28, 1993 on the indicates deletion indicates addition, subtitles excepted COMPREHENSIVE PLAN 3.2 FLOODPLAINS FINDINGS o To protect the intent of the City's Greenway policy, the Greenway is defined with the same physical boundaries as the 100-year flood plain boundary. o Scientific Resources, Inc., a private consulting firm specializing in wetlands research, has identified and assessed wetlands within the City of Tigard. o Wetlands serve many valuable social and ecological functions. These include providing habitat for wildlife, controlling flooding and storm water runoff, filtering out water pollutants, recycling and storing nutrients, serving as settling ponds for naturally occurring sedimentation, providing areas for groundwater recharge, providing open space and visual relief, and providing recreation opportunities. POLICIES 3.2.4 THE CITY SHALL REQUIRE THE DEDICATION OF ALL UNDEVELOPED LAND WITHIN THE 100-YEAR FLOOD PLAIN PLUS SUFFICIENT OPEN LAND FOR GREENWAY PURPOSES SPECIFICALLY IDENTIFIED FOR RECREATION WITHIN THE PLAN. 3.2. (4]5 THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN AREAS DESIGNATED AS SIGNIFICANT WETLANDS GN THE I'LOGDPLAIN—AND W2q%A?1PG MAP IN THE "WETLAND INVENTORY AND ASSESSMENT FOR THE CITY OF TIGARD" (SCIENTIFIC RESOURCES INCORPORATED, 1990) . NO DEVELOPMENT SHALL OCCUR ON PROPERTY ADJACENT TO AREAS DESIGNATED AS SIGNIFICANT WETLANDS 9N THE—FL96DPLAI?; 2VJD i Bg1LA?4DS �f P IN THE "WETLAND INVENTORY AND ASSESSMENT FOR THE CITY OF TIGARD" (SCIENTIFIC RESOURCES INCORPORATED, 1990) WITHIN TWENTY FIVE (25) FEET OF THE DESIGNATED WETLANDS AREA. DEVELOPMENT ON PROPERTY ADJACENT TO SIGNIFICANT WETLANDS SHALL BE ALLOWED UNDER THE SENSITIVE LANDS SECTION OF THE CODE. 3.4.1 THE CITY SHALL DESIGNATE, BY DEFT IEP1 N NE)T BY LOCATION, 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, ANIMAL OR AQUATIC LIFE, OR HAVING ENDANGERED PLANT OR ANIMAL SPECIES, OR SPECIFIC NATURAL FEATURES, VALUED FOR THE NEED TO PROTECT NATURAL AREAS. DR/Code April 28, 1993