amendments to proposed draft 11-21-12-update-1

7/30/2019 Amendments to Proposed Draft 11-21-12-Update-1

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OFFICE OF THE MAYOR

To: West H ayden Island Advisory Comm ittee

CC: Planning and Sustainability CommissionFrom: Mayor Sam Adams

Date: N ovember 21, 2012

Re : Mayors Proposal for West H ayden I sland IG A

Your years of deeply studying the issues related to West Hayden Island (WHI), and yourwork last week completing the initial straw poll regarding options for its future, are already

making an impact.

You and others have rightfully said about WHIs future, the devil is in the details. So,

based on your work to date as well as the outlines of the draft financial plan I shared at yourlast meeting, I have attached new draft items. These include:

Term sheet th at summarizes the key points of the attached IG A and code changes; Public Discussion Draft Intergovernmental Agreement (IGA) between the Port of

Port land and the City of Portland; and,

Amendments to Zoning Maps and Code.As a City government pub lic servant who has worked with the unanswered WH I question

for 17 years of its 29 years, these drafts represent my best thinking as of today, but not myfinal thoughts.

I will only draw my final conclusions after you complete your work today, request publicfeedback, and study the collective input of the Planning and Sustainability Commission.

These proposals are my own. Only City staff have seen the final draft language until thismorning. I am sharing it with you first, out of respect for the advisory comm ittees

considerable investment o f time and intelligent thought, and because you and o thers have

asked it of me.

I look forward to reading your own final report. Best of luck today, and best wishes for the

Thanksgiving ho liday.


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WEST HAYDEN ISLAND MAYORS PROPOSAL November 21, 2012

The following summarizes the mayors proposed WHI agreement, highlighting changes andadditions to the August 14, 2012 Draft IGA between the Port of Portland and the Cityregarding annexation and development of West Hayden Island.

Forest Mitigation

A. Onsite mitigation Continue to require forest enhancement on WHI (124 acres),and reestablish some forest in open areas (22 acres). Theestimated net present value of this work is $4 million.

Remove the previouslyproposed requirement for 15% treecanopy on the marine terminal site but add a best managementpractice provision to encourage trees onsite.

B. Offsite mitigation

1. Government Island $8.6 million.Estimated net present value of City proposedforest reestablishment and enhancements, includes $3 million inassumed land cost and $5.6 million to complete all work,including installation, maintenance and 100years of monitoring.Payment to BES can be in form of a longterm contract instead oflump sum payment. If FAA or Metro disallow this work, thefunding converts to a cash grant to BES for mitigation elsewhere.

2. Other sites $4.1 million. Forest habitat mitigation must achieve 110% ofcurrent ecological function as calculated by Citys methodology.The percent not achieved through mitigation on WHI and GIconverted to a dollar amount to be granted to BES for acquisition

and habitat enhancement. This value is the net present value ofthe expected amount of forest reestablishment work, includingland purchase, installation, maintenance and 100years ofmonitoring. The amount would increase if not available as alump sum up front.

C. Other forest requirements

1. Timing Port must choose to fund forest improvements in 50 acreincrements or all up front. The stated amounts go up if not all upfront, based on City mitigation methods.

2. Credits Port is allowed to convert any upfront forest work to amitigation bank in the event the entire WHI site is evertransferred to a third party, if marine terminal developmentdoes not happen during the term of the agreement.

3. Forest clearing No forest clearing is permitted outside Dredge DisposalManagement Area until state/federal permits in hand.


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4. Performance More detailed performance specifications stated for forest

mitigation.

Other Environmental Mitigation

A. Flood plain Port is required to complete FEMArelated ESA consultation prior

to asking for City approval of floodplain remapping.

B. Meadowlark habitat $1.5 million for Grassland improvement for meadowlark habitatgoes to BES for eventual transfer to a third party for real estateacquisition and habitat enhancement.

C. Shallow water Create IGA provisions that require early notification to the Cityof the state/federal permit application, and minimum mitigationrequirements. Impose a local land use review process in theZoning Code (an Environmental Review like in River Plan) fordock development and related mitigation.

D. Wetlands Require early consultation and notification, requirements forminimum acres of replacement, and for length of monitoringperiod. Depend on State and Federal review and do NOT requirelocal land use review. These provisions will be reopened ifstate/federal regulations weaken prior to development.

E. Long term protection Create an easement or covenant that commits all parties tokeeping the 500+ acres of land zoned Open Space in perpetuity,and include a third party as part of that easement or covenant.

TOTAL ENVIRONMENTAL MITIGATION = $18.2 million NPV(+ any state and federal requirements, currently estimated at $810 million)

Community Benefits and Health Mitigation

A. Housing conditions $3.6 million. Port pays $3.6M manufactured home park grantfund to mitigate for health and other impacts on residents of themanufactured home park.

Mitigation could include down payment assistance forreplacement homes, weatherization grants, HVAC upgrades,window replacement, individual development accounts, casemanagement services. Housing bureau would be initial

administrator.

Initial funding to set up program(s) within 6 months, remainderwithin one year when programs are running. Aim for ability toleverage at least 1:1 state or federal match.


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B. Recreation Acquisition of 6 acres on East Hayden Island for recreational park

(Port to acquire). Estimated cost is $1 $3 million. $7 millionfor subsequent design and capital improvements.

$2 million for open space planning and recreational trails designand construction.

$3 million to seed endowment for future O&M of trails and newparks.

C. Community fund $1.4 million. The Port will fund $100,000 for 10 years, withcontinuing funding based on 50 cents per truck trip.

D. Advisory Committee Retain the previous proposal for an ongoing WHI advisorycommittee. Duties include reviewing the open space and parksplans, negotiating a good neighbor agreement, providing a forumto discuss any ongoing issues, recommend projects for fundingunder the community fund, and review of the future HIA.

E. Phase II H.I.A. $1.1 million. Require a phase II health impact assessment beincluded in future federal EIS work prior to port development.Funding set aside to implement recommendations.

F. Local hiring Retain previous proposal for local hiring program a first sourceagreement for North Portland. Specific programoutreach/recruitment to Hayden Island residents.

TOTAL COMMUNITY AND HEALTH = $21.1 million

Transportation

A. Truck cap Cap the number of round trip truck trips as measured at the portterminal gate at 205 per day.

B N. Hayden Is. Drive Retain previous proposal to reconstruct North Hayden IslandDrive, to include improved pedestrian and bicycle facilities, andbuffers. Estimated cost is $9.6 million (there is an opportunityfor state/federal funding).

C. CRC Bridge Reopener clause in the IGA if new interstate (I5) bridge is notconstructed as planned.

TOTAL TRANSPORTATION = $9.6 million

TOTAL = $48.9 million


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November 21, 2012 West Hayden Island Project Page 37Amendments to Proposed Draft

V. Am en dm en t s t o Zon i ng Maps an d Code

T h e p u r p o s e o f t h e p r o p o s e d z o n i n g c o d e p r o v i s io n s is to describe u ses to be

allowed on West Hayden Island an d to describe th e limits of th e ph ysical

development in a way that is consistent with the concept plan created earlier this

year, and with th e City Cou ncils Resolu tion #3 680 5 ad opted in J u ly 201 0..

The following includes Zoning Map and Code amendments and a new chapter to beins erted in to the Citys Zoning Code. The se pa ges are organ ized as follows:

Staff commen tary explaining the proposed ma p a m endment an d codelanguage is provided on the left-handed pages.

Staff proposed code ma p/ language is presented on the r ight-ha nd pages .

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Comment ar y

Page 38 West Hayden Island Project November 21, 2012

Amendments to Proposed Draft

Updat e of Cit ys Zoning Map

The f ollowing map establishes the zoning designat ions t hat will apply in t he area ar ound West

Hayden I sland. I n addit ion t o addressing t he zoning on West Hayden I sland, t he map clar if ies t he

applicable zoning that applies t o t he Columbia River around West Hayden I sland and out t o t he

Oregon State Line and the conf luence of t he Columbia and Will amet t e Rivers in f r ont of Kelly Point

Park .

I n addit ion t o the base zones, t he air por t noise and height overlay zones will also apply t o the

island. Since all of West Hayden I sland and t he sur r ounding wat erways t hat are being annexed are

locat ed wit hin eit her t he 55 DNL, 65 DNL or 68 DNL noise contour , t he x overlay will apply t o t he

ar ea of new zoning. Since t he ent ir e ar ea is also wit hin t he area subj ect t o air por t height

rest r ict ions, t he newly zoned area will include t he h air por t landing overlay zone.

Alt hough special nat ural r esource code provisions will apply wit hin the plan dist r ict , t here are areas

wit hin t he Columbia River and Oregon Slough t hat are being annexed t hat are not par t of t he plan

dist r ict . However, t he cit ys complet ed Economic, Social, Environmental and Ener gy (ESEE) analysis

included t hese areas and r ecommends that a envir onmental conservat ion c overlay apply in t he

Columbia River are t hat includes t he shipping channel, and a envir onmental prot ect ion p overlay t o

t he areas in t he Oregon Slough being annexed t hat are out side t he plan dist r ict .

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ZONING CODE/ MAP AMENDMENTS


BASE and OVERLAY ZONING DESIGNATIONS (NOTE THIS IS BEING UPDATED see draft

p r oposa l on ne x t p a ge )

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The f ollowing is a draf t of what will be t he new zoning boundaries. Not e that t he in- wat er

areas of t he Columbia will have I H zoning applied t o acknowledge it s use as a shipping channel

and that t he code will allow t he moor age of barges and ships in the zone.

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Formatted: Left


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CHAPTER 33. 400

AI RCRAFT LANDI NG OVERLAY ZONE

Map 400- 1 Air craf t Landing Over lay Zone Boundary

Dur ing t he Airport Fut ure planning process, it was discover ed that t he regulat ions f or t he Aircr af t

Landing Overlay Zone had not been updated t o include areas that had been annexed t o t he cit y

(Hayden I sland and East Port land) since the cr eat ion of t he regulat ion. The Air por t Fut ures added

t he h overlay t o these areas and generated a map (400-1) t o include at t he end of t he overlay

r egulat ions, t o clar if y t he applicable areas. The map was included as par t of t hat proj ect , but was

omit t ed f r om t he of f icial Zoning Code in er r or.

West Hayden I sland also lies wit hin the area subj ect t o t hese rest r ict ions, so t his map needs t o be

updat ed t o include all t he ar eas t hat are being annexed into t he cit y as par t of t his planning

process. Map 400- 1 is being updated t o include these areas and will be inser t ed back wit hin t he

plan distr ict sect ion of t he zoning code.

The f o llowing pa ge shows th e c opy o f t h e c u r r e n t m a p fo r t h e Ove r la y Zone .

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This i s the cu r rent Over lay Zone Map

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The f ollowing page presents t he r eplacement map.

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This i s th e propose d Over lay Zone Map

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CHAPTER 33. 595

WEST HAYDEN I SLAND PLAN DI STRI CT

33. 595 West Hayden I sland Plan Dist r ict

This is a new chapt er t o cover t he regulat ions t hat will apply in t he West Hayden I sland Plan

Dist r ict . The boundar ies of t he plan dist r ict are shown at t he end of t he chapter. The r egulat ions

of t he plan dist r ict supersede t he base zone regulat ions. The char act erist ics of t he economic and

environment al f eat ures of t he island warr ant t he establishment of a separ ate plan dist r ict . The

est ablishment of t he specif ic regulat ions is int ended to sat isf y a requirement f r om Met r os Tit le 13

t hat t he cit y adopt a dist r ict plan f or West Hayden I sland. A t able of content s is provided at t he

beginning of t he chapt er. The plan dist r ict incorpor at es the newly annexed area of t he island f rom

t he Burlington Nort hern / Santa Fe rail line on the east t o the shallow wat er beyond t he ti p of t he

island on t he west .

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CHAPTER 33.595

WEST HAYDEN ISLAND PLAN DISTRICT

General

33.595.010 Purpose

33.59 5.020 Where These Regu lations Apply

33.595.030 Relationsh ip to other Regulations33.59 5.04 0 Special Deep-water Marin e Termin al Use Category

Use Regu lations

33.595.100 Uses in the IH Zone

33.595.110 Uses in the OS Zone

Development Sta nda rds

33.595.200 Additional Setbacks

33.595.210 Land scaping Requirements

33.595.220 Trans portation Impa cts

33.595.230 Parking

Environm ental Regulations

33.595.300 Purpose

33.595.305 Environmen tal Reports

33.59 5.310 Where These Regu lations Apply

33.59 5.31 5 When Thes e Regu lations Apply

33.595.320 Items Exempt From These Regulations33.595.325 Prohibitions

Environmen tal Development Sta nda rds

33.595.340 Purpose

33.595.345 Procedure

33.59 5.35 0 Permit Application Requiremen ts

33.5 95.36 0 Sta nd ard s for Utility Lines

33.595.365 Stan dards for Development as sociated with Parks a nd Open Areas

33.595.370 Stand ards for Driveways

33.595.375 Stan dards for Resource Enh ancemen t Projects

33.5 95.38 0 Right of Way Dedications and Improvement s

33.595.385 Outfalls an d Pipes

33.595.390 Stan dards for Tree and Vegetation Removal

West Hayden Islan d Resour ce Review

33.595.400 Purpose

33.5 95.40 2 When West Hayden Island Resou rce Review is Required

33.595.405 Procedure33.595.410 Sup plemental Application Requirements

33.59 5.42 0 Appr oval Criteria

33.595.430 Performan ce Gua ran tees

33.595.440 Special Evaluation by a Professional

33.5 95.45 0 Modifications Tha t Will Better Meet WHI Resou rce Review Requiremen ts

Corrections to Violations of the En vironm enta l Regulations of th is Chap ter

33.595.500 Purpose

33.595.505 Correction Options

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33.595.010 Purpose

A pur pose st at ement is required t o explain t he rat ionale f or t he regulati ons. The purpose

statement provides a summary of t he economic and nat ural r esour ce f eat ures of t he plan dist r ict

and t he need f or t he regulat ions to meet t he mult iple object ives of t he plan dist r ict .

33. 595. 020 Where These Regulat ions Apply

This sect ion clarif ies t he boundar ies of t he plan distr ict which include t he physical land and t he

sur rounding wat er.

33. 595. 030 Relat ionship t o Ot her Regulat ions

This sect ion provides inf ormat ion on ot her r egulat ions pot ent ially applicable to t he plan dist r ict .

33. 595. 040 Special Deep- wat er Marine Ter minal Use Category

This is a new use cat egory t hat will apply only wit hin the West Hayden I sland plan dist r ict . The use

categor y describes t he operat ions t hat ar e associat ed wit h marine t erminals engaged in shipping

product s on ocean-going vessels eit her as export s or import s. This use cat egor y is ref er red to in

t he f ollowing sect ions on allowed and prohibi t ed uses.

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Genera l

33 . 595 . 010 P ur pose

The West Hayden Island plan district provides opportunities for the development of a new deep-

water marine term inal while preserving the chara cter of the open space areas within the plan

district for natural resource protection and low impact recreation. West Hayden Island is a

significan t economic, natu ral and pub lic resource. West Hayden Island is located at the

Colum bia Rivers confluence with t he Willamette River. It is a djacent to a deep-water

navigation chan nel, and Interstate 5 plus t wo mainline railroads cross t he islan d. West

Hayden Islan d pr ovides significant wildlife ha bitat for migratory and residen t sp ecies.

33 . 595 . 02 0 Whe r e th e se R e gu la t ions App ly

The regulations of this cha pter apply to the West Hayden Island plan distr ict . The bou nda ries

of the p lan distr ict are sh own on Map 595 -1 at th e end of this chapter , an d on the Official

Zoning Maps.

33 . 595 . 030 R e la t ionsh ip to o the r R e gu la t ions

This chap ter contain s only som e of th e Citys regulations for th e plan district. Other ch ap ters

of th e Zoning Code may app ly in th e plan d istrict, including th e Noise Imp act Overlay Zone,

an d th e Aircraft Landin g Overlay Zone. Activities th e City regu lates th rough th e Zonin g Code

may also be regulated by other agencies at the state and federal level, including the regulation

of wetlands , areas below ordina ry high water a nd the p otent ial discovery of arch eological

resources. Applicants sh ould be aware of any sta te and federal regulations th at m ay apply to

development in th e plan distr ict .

33.5 95 .040 Spec ia l Deep-wate r Mar ine Termin a l Use Ca tegory

This special use category applies only in the West Hayden Island plan district

A. Charac te r is t ics . Deep-water Marine Terminals a re interm odal facilities th at p rovide

access between the Colum bia River sh ipping chan nel and land-bas ed tran sportation

modes. Goods an d materials are loaded on or off sh ips and stored on site . Goods an d

materials may be trans ferred to other m odes of tran sport su ch as rail or trucks, an d

they ma y also un dergo additional processing, manu facturing or pa ckaging before being

tran sferred to the other tran sportation modes. Docks, conveyance systems and oth er

facili t ies are us ed to transp ort the materials between th e ships an d th e site. The goods

are generally transported between local, regional and North American firms and firms

located oversea s. Few cus tomers come to th e site.

B. Acces sory Uses. Accessory u ses m ay include d ocking facilities includin g the m oorage,

loading an d u nloading of r iver barges, warehous es, outdoor s torage yards, rail spur or

lead lines, truck and auto fleet parking, vehicle or ship maintenance areas, offices,cafeter ias an d employee break areas , security areas, an d pa rking.

C. Examples . Examples include grain term inals an d grain elevators, terminals for the

tran sfer an d processing of dry bu lk such as fer til izers or m inerals, auto import or au to

export term inals including post-processing facili t ies, an d b reak-bu lk terminals th at

tran sfer miscellaneous goods an d container terminals.

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Comment ar y



Use Regulat ions

33.595.100 Uses in t he I H zone

This sect ion list s t he allowed and prohibit ed uses in t he I H zone in t he plan dist r ict and supersedes

t he use t able in t he base zone. The sect ion includes t he use Deep-wat er Marine Terminal use

category under bot h t he allowed and prohibi t ed sect ions. Cert ain other exi st ing and potent ial uses

are list ed, including t he moor ing of boat s within water s cont rolled by Depart ment of St at e Lands,

but t he int ent of t his sect ion is to encourage a specif ic t ype of indust r ial development (i.e. a deep-

wat er marine t erminal), while limit ing the t ypes of uses allowed overall in t he I H zone.

33. 595. 110 Uses in t he OS Zone

This sect ion supersedes the use t able in t he base OS zone. The sect ion limit s parks and open space

uses and provides geogr aphic limit at ions t o those parks uses that i t allows. The int ent i s to allow

limit ed recreat ional development on t he eastern por t ion of t he island and preser ve t he west ern

por t ion f or exist ing and enhanced natur al resources. The sect ion also pr ovides clar it y t hat cert ain

ut ili t ies t hat are already on t he island can cont inue, and allows ut ili t ies and small scale energy

systems t hat serve an allowed use on t he sit e, which is similar t o t he base zone.

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Use Regula t ion s

33 . 595 . 100 Use s in the IH Zone .

A. Allowed Uses. The following u ses a re allowed in th e IH zone in t he West Ha yden

Island plan distr ict .

1 . Deep-water Marine Terminals except as stated in Su bsection C, below.

2. Stockpiling of sa nd , gravel, or oth er aggregate materials including the placement ofdredge materials an d ass ociated operations su ch as dewatering of the m aterials;

3 . Mooring of ships an d b arges within the water;

4 . Basic Utilities;

5 . Parks and Open Areas;

6 . Rail Lines and Utility Corridors;

7 . Railroad Yard s; an d

8 . Radio Frequen cy Trans miss ion Facilities. Some facilities are allowed by right . See

Chapte r 33.274.

B. Limit ed Uses . Man ufacturing an d Production, Indus tr ial Service, or Warehou se an d

Freight are allowed uses if they have a functional and economic reliance upon the deep

water marine termina l that is located in the p lan distr ict .

C . Prohibi ted Uses . The following u ses a re proh ibited in t he IH zone in th e West Ha yden

Island plan distr ict:

1. Deep-water Marine Terminals that tra ns port or process coal or liquefied natu ral

gas are prohibited in th e plan distr ict; and

2. All other u ses not listed in Sub sections A or B.

33 . 595 . 110 Use s in th e OS Zone

A. Allowed Uses. The following u ses a re allowed in th e OS zone in th e West Ha ydenIsland plan distr ict .

1 . Utility Corridors within areas shown on Map 595-1.

2 . The following Basic Utilities are allowed:

a. Water an d sewer pu mp stations;

b. Sewage disposal and conveyance systems; and

c. Basic Utilities th at serve a primary u se are considered access ory to th e

primary u se being served.

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33. 595. 110 Uses in t he OS Zone (contd)

Development St andards

33.595.200 Addit ional St andards

This sect ion pr ovides addit ional setback standards f r om t he Columbia River and f r om t he Open

Spaced zoned f orest t o t he west of t he t erminal.

A. Set back f rom t he river. The int ent of t he river set back is t o require all development ,

except specif ic development t hat r equires r iver access (e.g., dock ramps, out f alls, beach

t r ail), to be located at 100 f eet upland f r om t he or dinary high wat er mark of t he Columbia

River. The goal is t o minimize the impact s of development on shallow water habit at , and

preserve the public access to the beach.

The ordinary high wat er mar k (OHWM) is a measur ement t hat i s consider ed by the Army

Corp of Engineers (ACOE) along t he length of t he Columbia River t o determine t heir

j uri sdict ion. Thi s mark can vary over t ime and over geographies, r esult ing in t he OHW M

being at one elevat ion at one end of t he island and anot her at t he ot her end. During t he

summer of 2012, BPS staf f used the curr ent inf ormat ion provided by the ACOE along wit h

Lidar imaging data and mapped out t he general locat ion of t he OHWM. This is illust ratedbelow. However, development proposals in t he f uture will need t o indicat e the locat ion of

t he OHWM as part of f ut ure permit s or land use reviews.

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3. Specific us es in th e Parks an d Open Areas category are allowed within certain

geograph ic areas as stated below:

a. With in the area west of th e Bonn eville Power Adm inistra tion right -of-way, as

sh own on ma p 595 -1, uses in the Parks a nd Open Areas category are l imited

to existing and en ha nced natu ral areas or natu re preserves .

b. With in the Bonn eville Power Adm inistra tion right-of-way, as sh own on map

595-1, and within the area east of the Bonneville Power Administration right-of-way, uses in t he Park s an d Open Area category are limited to existing and

enhanced natural areas or nature preserves and outdoor recreation that

cons ists of recreational trails, trailhead facilities, interpret ive centers ,

viewpoints, an d a non-motorized boat lau nch .

4. Driveways to access allowed us es in the plan district.

B. Limit ed Uses . Basic Utility Uses n ot allowed by Su bs ection A are Con ditional Uses.

C. Prohibi ted Uses . Uses not l isted in Sub sections A and B are prohibited in the plan

district.

De ve lopm e n t S ta n da r ds

33 . 595 . 200 Add i t iona l S e tba c ks . The following setb acks a pply in ad dition to oth er required

se tbacks:

A. Se tback from the r iver .

1. Purpose. The p urp ose of the r iver setback is to provide pu blic access to th e beach,

protect and ma intain existing natu ral resources within th e setback, and minimize

impacts from indu str ial development on s ha llow water habitat .

2 . Where th e setback a pplies. The setback applies within the IH zone.

3. Setback. Unless exempted in Sub section 4 below, developmen t mus t be setback

100 feet from t he Ord inary High Water Mark of the Colum bia River. The Ord inar y

High Water Mark is determ ined in a ccordan ce with th e US Army Corp of En gineers

definition an d protocol an d m us t be labeled on the s ite plan.

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33.595.200 Addit ional St andards (cont d)

4. Exempt ions. Specif ic exempt ions are pr ovided f or r ecreat ional t r ails wit hin t he

set back t o encour age the development of a wat erf ront t r ail bet ween t he por t f acilit y

and t he beach. Allowances f or t he pr ovision of docks and other st r uct ures t hat need

t o be connect ed t o the water ar e provided t o ensure an economically viable por t .

However, development t hat is allowed wit hin t he set back cont ains limit s t o t he t otal

amount of impact s to ensure t hat t he charact erist ic of t he river is maintained wit hint he set back. Tr ees are not prevalent wit hin t he set back; theref ore, much of t he

development will be able t o t ake place wit hout r emoving t r ees. I n cases wher e t rees

are r emoved, a st andard f or t r ee replacement is provided.

5. Tr ee Replacement . The t r ee r eplacement st andard applies t o t he set back area along

t he ri ver. This area cur rent ly predominant ly includes of grassy ar eas and beach.

There ar e f ew t r ees locat ed wit hin t he river set back and it is likely t hat t he exist ing

t rees could be avoided. However, any t ree, great er t han 6 inches in diamet er , t hat i s

r emoved f or any purpose must be r eplaced. A 1:1 r at io f or r eplacement is appr opr iat e

t o maint ain a presence of t r ees, while allowing f or t he development of t he docks, t r ail

and beach access. This is dif f erent t han t he OS set back, which has est ablished

f orest canopy of varying ages, and the purpose of t he OS setback t r ee replacement

st andard is t o preser ve close canopy f orest .

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4. Exemptions. The following d evelopmen t is exemp t from th e river s etba ck:

a. Trails. Trails th at meet th e following sta nd ard s:

(1) The trail is no more th an 10 feet wide;

(2) The clearing or grading area for the tra il is no more th an 20 feet wide; an d

(3) The trail is open to th e pub lic.

b. Dock ramp s and cargo conveyors. Dock ramps provide access to a dock

as sociated with a deep-wat er marin e termina l. A cargo conveyor is an elevated

conveyance system th at is su pported by one or more footings on th e groun d

an d is us ed to transfer material to and from a vessel in the r iver . Dock ramps

an d cargo conveyors are exemp t from th e river setba ck when all of th e

following are met:

(1) The ramp or cargo conveyor does not block or physically preclud e the

recreational trail in the s etback; and

(2) The ramp or cargo conveyor is no more than 60 feet wide, and th e

cum ulative width of all ramps and cargo conveyors in th e plan distr ict

does not exceed 250 feet.

c. Ou tfalls and pipes. Ou tfalls an d pipes th at meet all of th e following:

(1) The cum u lative width of all pipes, su pportin g stru ctu res an d rock

arm oring is no more th an 120 feet wide; and

(2) The pipes, su pporting structu res an d rock armoring do not block or

physically preclud e th e recreational trail in th e setba ck; and

d. Temporary structu res. Temporary structu res for constru ction staging and

access, or conveyance of dredge materials are exempt from the river setback

for a period of t ime not to exceed 180 da ys. Temporary stru ctures within th e

setback for more than 90 da ys mu st provide a temporary trail access rou te if

they block the recreationa l trail in th e setback.

5. Tree Replacement. Trees larger tha n 6 inches in diameter tha t are removed mus t

be replaced a nd mu st m eet all of th e following:

a. For every one tree removed, one tree and five shru bs m us t be planted within

the s etback. If more tha n on e tree is planted they may be clus tered;

b. If more than th ree trees are removed, the plan ting mu st includ e at least three

different tree s pecies a nd three different s hru b s pecies; an d

c. All vegetation plan ted mu st be native an d listed on the Portland Plant List.

Deleted: August 14


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Comment ar y



B. Setback f r om OS Zone. The intent of t he OS setback st andard is t o limit development al

impacts t o t he adj oining habit at in t he Open Space (OS) zone by maint ain t ree canopy

coverage as a buf f er bet ween uses. The total width of t he set back is 100 f t f r om t he OS

zone boundary. Specif ied development is allowed wit hin t he setback provided t hat t r ees

r emoved ar e replaced at a densit y t hat pr eser ves closed canopy f orest . Tr ee r eplacement

must occur wit hin the set back t o maint ain t he buf f er bet ween t he indust r ial and open

space uses.

2. Wher e The Regulat ions Apply. The regulat ions apply t o t he f irst 100 f eet of t he I H

zone adj acent t o the OS zone t o provide a buf f er at t he edge of t he I H zone. A map is

provided at t he end of t he chapter t o clar if y t he locat ion.

3. Setback Ar ea Regulat ions. Development , clear ing and gr ading are limit ed t o t he

except ions below in or der t o maint ain t he f orested buf f er t hat exist s in t his area.

4. Except ions. Wit hin t he 100 f oot set back, a limit ed set of except ions provides a small

amount of f lexibilit y in t he case that t he f inal design of t he r ail loop or edge of t he

development doesnt conf orm wit h t he designs that wer e developed during the Concept

Plan f or t he island. These except ions apply generally t o development r elated to t he

perimet er of t he marine t erminal. However , t he area where except ions may be allowed

cont ains a large number of t r ees, so a condit ion is provided to ensur e t he replacement

of any t rees removed in t he set back.

5. Tr ee Replacement . The OS set back contains mat ure bot t omland hardwood f orest s of

var ying ages. The intent of t he t ree r eplacement st andar d is t o reest ablish close

canopy f orest within the set back as a buf f er bet ween t he indust r ial uses and the

envir onmental resources in the OS to be pr otect ed. For a bot t omland har dwood f orest

assemblage, one t ree per 100 f eet is assumed t o creat e closed canopy. I n addit ion, one

of t wo opt ions f or shrubs and ot her plant s must be chosen t o creat e a mult i-st ory

f orest support ing a variet y of wildlif e species.

Deleted: August 14


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B. Se tback from OS Zone .

1. Purpose. The purpose of this setback area is to preserve tree canopy within th e IH

zone a s a vegetated bu ffer between th e deep-water m arine terminal an d as sociated

infrastru cture, and t he OS zone. The setback a rea will help to redu ce the

detr imental impa cts of heavy ind us tr ial developmen t on th e natu ral resources an d

fun ctional values t ha t exist within th e OS zone west of th e development . The

setb ack a rea will also provide som e flexibility for fu tu re rail infrast ru ctu re an d

security to serve the marine term inal.

2 . Where the regu lations a pply. The regulations app ly to a 100 foot setback area

within th e IH zone, adjacent to the OS zone, as sh own on ma p 595 -2.

3. Setback area regulations . Except at described in para graph B.4 below,

development, clearing and grading are prohibited within the 100 foot setback from

the OS zone.

4. Exceptions. The following developm ent is allowed in th e OS setb ack area when th e

stan dards of paragraph B.5, below, are met:

a . Railroad spu r or lead lines and railroad yards ass ociated with a deep-water

mar ine terminal;

b. Development requ ired to provide secu rity for th e deep-water mar ine term inal;a n d

c. Driveways; an d

d. Clearing and grading that is required in order to constru ct the development

allowed in su bpara graphs a . c.

5. Tree Replacement . Trees larger than 6 inches in diameter that a re removed mu st be

replaced within the OS or IH setb ack a nd mu st m eet all of th e following. Trees listed

as Nuisan ce Plants on th e Portland Plant l ist do not coun t toward this requirement:

a. For every tree removed tha t is a t least 6 inches of diameter ,a 100 squ are foot

a rea mus t be planted choosing on e of the following t wo plant ing plan s . See

Figure 595-1, Exam ple Plan ting Plan :

(1) One tree, five shru bs, an d four oth er plants a re required to be planted forevery 100 squ are feet of vegetat ed area. Trees may be clus tered; or

(2) One tree and five sh ru bs are requ ired to be planted for every 100 s qua re

feet of vegetated area, and the plan ting area mu st b e seeded with a n ative

grass an d forb seed mix at a ra tio of 30 pou nd s per acre. Trees may be

clustered.

b. When more than th ree trees are planted, the planting includ es at least three


c. All vegetation mu st be na tive an d selected from the Portland Plant Lis t.

Deleted: Replacement plant

based u pon the to tal caliper

inches of trees larger than 6

inches in d iameter that are

removed.

Deleted: removed a

Deleted: according to the

following planting dens ity

Deleted: August 14


26/101

Comment ar y



Figure 595- 1 Example Plant ing Plan

This f igure is included in the code t o illustr ate t he int ent f or t he veget ati on r eplacement t hat is

required f or each 6 inches of t r ee diamet er r emoved t hrough t he provisions of 33.595.200.B.5 and

33.595.390 shown lat er in this document .

C. Setback f r om I H Zone. The int ent of t he I H set back st andard is t o f urt her limitdevelopmental impacts t o t he adj oining habit at in t he Open Space (OS) zone by ext ending

t he t r ee canopy coverage into t he OS zone as a buf f er bet ween uses. The widt h of t he

set back is 100 f t int o t he OS zone it self , and limit s all development , including r ecreat ional

development wit h t he buf f er . Only a single dri veway access is allowed t o cr oss into t he

buf f er provided t hat t r ees r emoved are r eplaced at a densit y t hat preserves closed canopy

f orest . Tr ee r eplacement must occur wit hin t he set back t o maint ain t he buf f er between

t he indust r ial and open space uses.

Deleted: 33. 595. 210 Lands

Requir ement s

Between 40 and 50 percent o

area proposed f or annexat ion

indust r ial development is cov

wit h a mat ure bot t omland har

f orest including cott onwood a

t rees. As a newly annexed ar

t he area should be developed

alignment wit h cit y policies a

goals. I n 2007, t he Cit ys Urb

Forest ry depart ment release

cit ys Urban Forest r y Manage

Plan, wit h t he int ent t o creat

cit ywide goals f or f orest can

The plan called out f or a goal

15% canopy wit hin commer cia

indust r ial areas. The st andar

ensure t hat t his goal is met a

land is developed in t he f utur

The River setback and OS seareas ar e not counted as part

t his equat ion. The 15% canop

applies t o the I H excluding th

set back areas.

Deleted: August 14


27/101



Figure 595-1

Example P lant ing P lan

C. Se tback f rom IH Zone .

1. Purpose. The pu rpose of this setback area is to preserve tree canopy adjacent to

the IH zone a s a vegetated bu ffer between the deep-water m arine terminal an d

ass ociated infrastru cture, and the OS zone. The setback area will help to reduce

the detr imenta l impa cts of heavy ind us tr ial developmen t on th e natu ral resources

an d fun ctional values tha t exist within the OS zone west of the development.

2 . Where the regu lations a pply. The regulations app ly to a 100 foot setback area

within th e OS zone, adjacent to the IH zone, as s hown on m ap 59 5-2.

3. Setback area regulations . Except at described in para graph B.4 below,

development, clearing and grading are prohibited within the 100 foot setback from

th e IH zone.

4. Exceptions. The following developmen t is allowed in th e IH setback area wh en the

stan dards of paragraph C.5, below, are met:

a . A d riveway and clearing an d grading tha t is required in order to constru ct th e

driveway may cross th e setback area to provide maintenan ce access to th e OS

zone.

5. Tree Replacement . Trees larger than 6 inches in diameter that are removed mu st be

replaced within t he OS or IH setba ck an d m u st m eet all of th e following. Trees listed

as Nuisan ce Plants on th e Portland Plant l ist do not coun t toward this requirement:

a. For every tree removed tha t is at least 6 inch es of diam eter, a 100 s qu are foot

area must be planted choosing one of the following two planting plans. See

Figure 595-1, Exam ple Plan ting Plan :

Deleted: August 14


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Comment ar y



Deleted: August 14


29/101



33.595.220 Maximum Tr uck Transport at ion I mpact s

As par t of t he development of t he plan dist r ict , init ial t r anspor t ati on st udies have been run f or a

var iet y of scenarios and have det ermined t hat t he exist ing st reet net wor k, with t he development

of t he Columbia River Crossing (CRC), would cont inue operat ing at a sat isf actory level of service.

This means t hat t r af f ic generated by t he development will be using Nor t h Hayden I sland Dr ive to

access I nter st ate 5 and t he region. There is a concern over t he uncert aint y of t he type of

t erminal and the amount of t r af f ic it may creat e, considering t hat development may not occur f or

over t en year s. The t hreshold t hat is proposed her e ensures that a f uture Mar ine Terminal will

gener at e a r elat ively small number of heavy t ruck t r ips. The 205 heavy t r ucks is consider ed an

adequate number t o allow t he operat ions of t wo bulk t erminals, one aut o t erminal and mari ne

r elat ed manuf act uring as proposed in the Concept Plan. I f t he t hreshold of t r ips is exceeded, it

would requir e a legislat ive amendment t o t he plan dist r ict . This would requir e appr oval by t he Cit y

Council, and would t r igger addit ional t r anspor t ati on st udies at t hat t ime.

Deleted: August 14


30/101


31/101


(1) One tree, five shru bs, an d four oth er plants a re required to be planted for

every 100 squ are feet of vegetat ed area. Trees may be clus tered; or

(2) One tree and five sh ru bs are requ ired to be planted for every 100 s qua re

feet of vegetated area, and the plan ting area mu st b e seeded with a n ative

grass an d forb seed mix at a ra tio of 30 pou nd s per acre. Trees may be

clustered.

b. When more than th ree trees are plan ted, the plan ting includes at least three


c. All vegetation mu st be na tive an d selected from the Portland Plant Lis t.

33 . 595 . 220 Ma x im um Truc k Tr a nspor t a t ion I m pa c t s

A. Purpose . Deep water marine terminals can ha ve a wide ran ge of tran sportation

impacts depen ding on th e type of materials sh ipped, their mode of sh ipping across

land, and h ow the ma terials are han dled on site . The development proposed for West

Hayden Island relies p rimarily on rail and water modes of trans portation, and is

intended to h ave a l imited impact on the ad joining street n etwork on Hayden Islan d.

The regulations pr ovide a ma ximu m thresh old of heavy truck tr ips t ha t will be

generated b y th e marine term inal development in th e plan district. The effect of th is

thresh old is th at a legislative project to amen d th e plan distr ict would be n ecessary toallow a greater amount of truck traffic. Proposed or expanding marine terminal or

indus tr ial development m us t docum ent th at th eir tru ck traffic is within the th reshold.

B. Maximum Heavy Truck Traf fic . The total d aily traffic of heavy truck s a s d efined in

Chapter 33 .910 generated by us es an d development in th e IH zone entering and exiting

the plan distr ict (or the m arine terminal an d as sociated indu str ial development) does

not exceed 205 tr ips. Adjustm ents are prohibited.

Deleted: 3 3 . 5 9 5 . 2 1 0 F o r e

R e q u ir e m e n t s i n t h e I H zo

A. Pu rp os e. The purpose o

regulat ion is to ensure th at forest canopy within the IH

is preserved or replaced to m

the goals of the Urban Fores

Ma n ag em en t Pla n . West Ha

Island includes a significant

amoun t of mature forest can

The Citys Urban Forest

Ma n ag em en t Pla n has a goa

fifteen percent forest can opy

for indust r ia l an d commerci

areas. The stand ard provid

opt ion to maintain a m inimu

amount of forest coverage th

preser vation of the existing

or through a replacement p l

on site.

B . F o re s t C ov e r St a n d a r d

Fifteen per cent of the portiothe area zoned IH must be

retained or establ ished in ca

forest. Trees used for requi

landscaping, such as wi thin

setbacks or pa rking lo ts , ma

apply toward the minimum

canopy. The canopy mu st m

the stan dards below:

1 . Ret a i ned t r ee canopy m u

based on aer ia l photographs

documented on a s i te p lan.

2 . Rep lacem en t tr ee s m ee t

s tan dard i f one t ree i s propo

for every 100 squ are feet of

of tree canopy to be establis

Trees mu st be n at ive and se

from the Portland Plant List

Deleted: 3 3 . 5 9 5 . 2 1 0 F o r e s

R e q u ir e m e n t s i n t h e I H zo

A. Purpose. To maintain t

existing forest within the IH

until development is immin

B . F o r es t St an da r d . Place

of fill or removal of trees ou

the federally-designated dre

deposi t management area i s

allowed until the National

Environmen tal Policy Act p r

i s c o m p l e t e d a n d necessary

Clean Water Act 404 permit

have been received.

Deleted: August 14


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Comment ar y



33.595.230 Parking

The ex ist ing minimum and maximum par king requirements are based upon cer t ain use and

development cat egor ies and use the square f oot age of buildings in t hese uses to def ine the

number of par king required. Mari ne t erminals have a wide range of pot ent ial development

pat t erns, and the amount of building square f oot age does not relate t o t he number of

employees in similar ways to ot her uses. As an example, an auto terminal may have very f ew

buildings but a lar ger workf orce t han a pot ash t erminal which has a large st orage building

f or t he mater ials but i s heavily aut omated. As a result , it is dif f icult t o apply minimum andmaximum parki ng ranges t o t he pot ent ial development .

Deleted: August 14


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C . S upp le m e n t a l App l ic a t ion R e qu i r e m e n t s . All proposals for n ew developmen t

or expan sions of existing developmen t th at increa se floor area or exterior developmen t

more tha n 1 0,000 s qua re feet mu st p rovide an estimate of total daily heavy truck tr ips

generated by ind us tr ial us es in th e IH zone as pa rt of the permit application.

33 . 595 . 230 P a r k ing . There are no minimum or maximum p arking requirements in th e plan

district.

Deleted: August 14


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Comment ar y



Envir onmental Regulat ions

The West Hayden I sland plan dist r ict has it s own set of envir onmental regulat ions. The plan

dist r ict does not rely on envir onmental over lay zones wit hin it s boundar ies. I nst ead, the

environmental regulat ions apply t o any development wit hin t he Open Space (OS) zones and below

t he ordinar y high wat er mark wit hin t he Heavy I ndust r ial (I H) zones.

33. 595. 310 Where These Regulat ions Apply

This sect ion clarif ies t hat t he environment al regulati ons apply only wit hin t he boundar ies of t he

West Hayden I sland plan dist r ict , in areas zoned OS and in areas zoned I H t hat ar e below ordinary

high water mark. For t he purpose of t hese regulat ions, or dinar y high wat er mark is t he

measurement det ermined in accordance wit h t he pr otocol established by the Army Corp of

Engineers who use this mark t o det ermine regulatory j urisdict ion. This agency has est imat ed t his

measurement t hr ough t he Columbia River and Oregon Slough.

33. 595. 315 When These Regulat ions Apply

This secti on illust rates t he t ypes of development t hat t r igger t he Envir onment al Regulat ions. These

examples are similar t o t he t ypes of development t hat t r igger t he regulat ions in environment al

zones.

Deleted: August 14


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Envi r onm e n t a l R e gu la t ions

33 . 595 . 300 P ur pose

The en vironmen tal regulations in th e West Hayden Island plan d istr ict:

Protect resour ces an d fun ctional values tha t h ave been indentified by th e City asproviding ben efits to th e pu blic;

Provide opport un ities for pass ive recreation; Provide opportunities for natu ral resource m itigation, remediation, a nd enh ancemen t; Encourage coordination between City, Port, regional, state, and federal agencies with

ju ris diction ove r som e or a ll n a tu ra l res ou rce s on an d a rou n d Wes t Ha yd en Is la n d. Ensure consistency with other City goals, along with other regional, state, and federal

goals a nd regulations.

33 . 595 . 305 Env i r onm e n t a l R e por t sThe ap plication of the en vironmen tal regulations is bas ed on th e Hayden Island Natural

Resour ces Inventory (HINRI). The HINRI iden tifies the res ources an d des cribes th e fu nct ional

values of th e resou rce sites. Fu nctiona l values are the benefits provided by resou rces. The

values for each resource site are described in the inventory section of these reports.

33 . 595 . 310 Whe r e The se R e gu la t ions App ly

The regulations of Sections 3 3.595.300 throu gh 33.595 .505 ap ply in th e plan d istr ict within

th e Open Space (OS) zone, an d within th e Heavy Ind u strial (IH) zone below th e ordina ry highwater mark. For the purp oses of the regulations of this chap ter , the ordina ry high water ma rk

is determined in accordance with the Army Corp of Engineers definition and protocol.

33 . 595 . 315 Whe n The se R e gu la t ions App ly

Unless exempted by Section 3 3.595.320, below, the regulations of this cha pter app ly to the

following:

A. Development;

B. Removing, cu tting, m owing, clearing, bu rn ing, or poisoning n ative vegetation listed in

th e Portlan d Plan t List;

C. Plan ting or removing plants l isted on th e Nuisance Plants List;

D. Cha nging topograph y, grad ing, excavating, an d filling;

E. Resource enhancement; and

F. Dedication and expansions of public rights-of-way.

Deleted: August 14


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Comment ar y



33. 595. 320 I t ems Exempt From These Regulat ions

This secti on list s t he t ypes of development t hat are exempt f r om t he Envir onment al Regulati ons.

Many of t hese exempt ions are similar t o those exempt ion list ed in Chapt er 33.430 Envir onmental

Overlay Zones. However , some specif ic exempt ions have been added t o address cir cumst ances

unique t o West Hayden I sland, such as dr edging wit hin t he ri ver, and t he limit ed amount of

const ruct ion t hat will need to take place in t he ri ver t o install docks, dock approaches and materi al

conveyance systems out f r om t he shoreline, consist ent wit h t he concept plan. I f t hese f eat ures

exceed t he amount s allowed t hr ough an exempt ion, a Natural Resour ce Review will be r equired.

Deleted: August 14


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33 . 595 . 32 0 I t e m s Exe m pt F r om The se R e gu la t ions

The following items, unless prohibited by Section 33.595.325, below, are exempt from the

regulations of this chap ter . Other City regulations s uch as Title 10, Erosion Control, mu st s ti ll

be met:

A. Change of ownership;

B. Land Divisions and Property Line Adjustments;

C. Temp orary emergency procedu res n ecessa ry for th e protection of life, health , safety, orproperty;

D. Existing developmen t, operations , and improvement s, includ ing the following activities:

1. Maintena nce, repair , and replacement of existing structu res, exterior

improvements, roads, public recreational trails, public rest points, public view

points , pub lic int erpreta tive facilities, and u tilities. Replacement is not exempt

when ever coverage or ut ility size is increa sed;

2. Continued maintena nce of past ures, lawns, and other plan ted areas, including the

inst allation of new irrigation a nd dra inage facilities, new erosion contr ol featu res,

an d th e installation of plant s except those listed on the Nuisan ce Plan ts List .

Prun ing trees and s hru bs within 10 feet of stru ctures;

3. Placement or removal of dredge ma terial an d related operations in an existin gfederally-designa ted dr edge man agemen t facility;

4. Alterations to bu ildings that do not chan ge the building footprint an d do not

require adjus tmen ts to site-related developmen t stan dards ;

5. Operat ion, ma inten an ce, an d repair of th e following:

a. Irrigation system s;

b. Stormwater man agement systems;

c. Pum ping stations;

d. Erosion control an d soil sta bilization featu res; an d

e. Mun icipal sewer conveyance pipes an d out falls.

6. Dred ging within th e Colum bia River below elevation -14 feet (NAVD88 ) a s

determ ined in accorda nce with th e US Arm y Corp of En gineers definition an d

protocol;

7. Removing vegetation listed on the Nuisan ce Plants List;

8. Removing trees or portions of trees when th ey pose an immed iate dan ger to life

safety or property, as determined b y the City Forester or an arborist;

9. Exterior work activities on deep-water ma rine term inal docks, dock access

structures or conveyance system structures; and

10. Development over existing paved su rfaces. Deleted: August 14


38/101

Comment ar y



33. 595. 320 I t ems Exempt Fr om These Regulat ions (contd)

E.3. West Hayden I sland may be used as a receiving sit e f or mit igat ion or enhancement r elated t o

nat ural resource impacts elsewhere in Port land. The impact s of t he mit igat ion must be permit t ed

t hr ough a st ate or f ederal process and may or may not also go t hrough a local environmental r eview.

I n t his sit uat ion, mit igat ion or enhancement act ions on West Hayden I sland ar e exempt .

Mit igat ion or enhancement r elated to natural r esource impacts outside of Port land may go t o West

Hayden I sland but ar e not exempt and must eit her meet st andards or go t hr ough envir onmental

r eview.

Deleted: August 14


39/101



E. The following new development and improvements:

1. Natural resource enhan cement performed as mitigation or remediation when it

meets th e following:

a. The enha ncement is for impacts to natu ral resources located within the City

of Portlan d bu t off of West Hayden Island ; and

b. The enhan cement is permitted through a state or federal process including

bu t not limited to a US Army Corps of Engineers 404 perm it, Oregon

Department of State Land removal-fill permit, Endangered Species Section 7

permit, or Natu ral Resources Dam ages Assess ment;

2 . Plantin g of na tive vegetation listed on the Portland Plan t Listwhen p lanted with

han d-he ld equipment ;

3 . Public street and sidewalk improvements if the improvemen ts are within an

existin g pub lic right -of-way us ed by tru ck or au tomobile traffic;

4 . Groun dwater monitoring wells constru cted to the stan dards of the Oregon Water

Resources Departm ent, an d water quality monitoring sta tions when access is by

foot on ly;

5 . Utilities inst alled above or below portions of pu blic rights-of-way or with in existin g

util ity easements a s sh own on Map 595-1;

6 . Utility service using a single u tility pole, or where no more tha n 100 s qua re feet of

groun d s urface is distu rbed landward of the top of bank of water bodies, an d when

the distu rbed area is restored to its p re-constru ction condition;

Deleted: 1 . In t he IH zone ,

located outs ide of sh allow w

habi ta t . Shal low water habdefined as the area between

ordinary high water mark an

elevation -1 4 feet (NAVD88)

accordance with th e by the U

Army Corps of Engineers

definition an d pr otocol;

2 . In t he IH zone , dock r am

cargo conveyors, and armor

ass ociated wi th a dock ram p

cargo conveyor. Dock ramp

provide access to a dock

associated wi th a deep-wate

ma rine termina l. A cargo

conveyor is an elevated

conveyance system th at i s

supported by one or more fo

on the groun d and is used t

transfer material to and from

vessel in the river. Dock ramand cargo conveyors are exe

when they meet the followin

a . The r am p o r ca r go conve

does n ot block any riverfron

a n d

b . The r am p o r ca r go conve

no more tha n 60 feet wide, a

the cumulative width of all r

and cargo conveyors does no

exceed 250 feet.

3

Deleted: August 14


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Comment ar y



33. 595. 320 I t ems Exempt Fr om These Regulat ions (contd)

33.595.325 Prohibit ions

The plant ing and propagat ion of nuisance plant s is prohibit ed in envir onmentally r egulat ed areas of

t he cit y. The prohibit ion is included in t his plan dist r ict .

Envir onmental Development St andards

These sect ions provide a set of development st andards t o allow limit ed t ypes of development t o

occur wit hout having to go through a Nat ural Resource r eview, provided t hey meet t he condit ions

required. The intent is t o encour age some types of development f ollow a set of non-discr et ionar y

st andards t o provide adequat e mit igat ion f or impact s, or t o allow cert ain low impact recreat ion usest hat have a public benef it . I f t he development cannot meet t hese standards, it will have t o gain

approval through a Nat ural Resource Review bef ore submit t ing f or permit .

33. 595. 340 Purpose

This sect ion lays out t he purpose f or pr oviding a set of Envir onmental Development St andards

wit hin t he plan dist rict .

33.595.345 Procedure

This sect ion provides t he process f or developing under t he Envir onmental Development St andards.

Only the types of development li st ed in t hese sect ions can use t hese development st andards. I f a

development does not comply wit h t hese st andards and/ or does not propose development t hat is

exempt f r om t hese r egulat ions, it must go t hrough Nat ural Resource Review.

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9. Temporary site investigative work includin g soil test s, land su rveys, groun dwater

an d water qu ality mon itoring st ations wh en a ll of th e following are m et:

a . The work is condu cted us ing han d-held equipment only;

b. The disturba nce is temporary;

c. Disturba nce areas are restored to pre-existing conditions; an d

d. No na tive trees iden tified in the Portland Plan t Listare removed.

10. Ins tallation of temporary fencing to protect resource enh ancemen t project planting

area s, or to close off or control the u se of illegal trails. The fence m u st b e removed

within 5 years; and

11. Insta llation of signage as part of pu blic recreationa l trail an d resou rce

enhancement projects.

F. Hand removal of trash, provided that native vegetation is not removed or damaged.

33 . 595 . 325 P r oh ib i t ions . The p lanting or propagation of an y plant l isted on th e Nu is an ce

Plant List is prohibited.

Envi r onm e n ta l De ve lopm e n t S ta nda r ds

33 . 595 . 340 P ur pose

The environm ental development s tand ards a re inten ded to:

A. Minimize impacts on resou rces an d functional values;

B. Provide clear limitations on disturbance;

C. Ens ure th at n ew development and alterations t o existing development are compatible

with a nd p reserve the resources a nd fu nctional values protected by the environmen tal

regulations; an d

D. Provide clear planting and erosion control requirements.

33 . 595 . 345 P r oc e dur e

Complian ce with th e stand ards of Sections 33.595.340 th rough .390 is determined as part of

the bu ilding permit or development permit app lication process an d is r equired for all

developmen t. When a p roposal cann ot meet a stand ard, or when t here are no applicable

stan dards , the proposal mu st be ap proved throu gh West Hayden Islan d Resource Review.

Discretionary review is requ ired only for the portions of th e developmen t th at can not m eet the

applicable stan dards . Where a proposal can meet the stan dards , the applicant ma y choose to

go through the discretionary review process, or to meet the objective development standards.

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Comment ar y



33. 595. 350 Permit Applicat ion Requirements

These sect ions provide t he process requirement s f or pr oposing development as par t of a building

permit r eview under t he Envir onmental Development St andards. As part of t hese r equirement s,

t he applicant will need t o pr ovide t he locat ion of t he Ordinar y High Wat er Mark (OHWM) as

def ined by t he Army Corp of Engineers. This mar k can f luct uat e over t ime and geography, and was

mapped as of 2012 f or i llust r at ive purposes (see map related t o 33.595.200 commentary).However , f uture permit s and land use r eviews will need t o secur e updat ed elevat ion inf ormat ion

f r om t he Corp at t he ti me t hey are submit t ed.

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33 . 595 . 350 P e r m i t App l i ca t ion Re qu i r e m e n t s

A bu ilding perm it or developm ent p ermit ap plication th at is reviewed for complian ce with th e

stan dards of this cha pter requires more information th an a perm it not affected by these

provisions. The information in Subs ections A and B mu st be su bmitted with perm it

application plans. Subm ission of the information in Su bsection C is optiona l.

A. An existing conditions site plan including:

1. Ou tline of an y existing distu rba nce area, includin g existin g u tility locations ;

2. Location of an y wetlands or water bodies on th e site or within 50 feet of th e site.

Indicate the location of the top of ban k, ordinary h igh water mark as determined

in accorda nce with th e US Army Corp of En gineers definition an d protocol,

centerline of stream, or wetland boun dary as appropriate;

3 . Vegetative cover on s ite, ind icating sp ecies com position;4. Within the disturba nce area, a ll trees that are more than 6 inches in diameter

mu st be indicated by size and species; and

5. Topograph y sh own by contou r lines at 2 foot vertical contou rs in area s of slopes

less t ha n 10 percent an d at 5 foot vertical contou rs in areas of slopes 10 percent

or greater.

B. Proposed development plan including:

1. Outline of the proposed distu rban ce area, including all areas of proposed utili ty

work;

2. Location and description of all propos ed erosion contr ol devices;

3. A stormwater man agement plan;

4. A land scap e plan ind icating the size, species, and location of all vegetation to be

planted in the environm ental su b-distr icts; and

5. Where app licable, th e location and specifications of the site enh an cement option

with dimensions, a list of Nuisance or Prohibited Plants to be removed, and a

landscape plan indicating the size, species, and location of all vegetation to be

planted.

C. Photograph s of the site are not required bu t are encoura ged to su pplement th e existing

conditions site plan.

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33.595.360 St andards f or Ut ilit y Lines

These ar e t he st andards f or ut ilit y lines. They are a modif ied version of t he st andar ds of Chapter

33.430 Envir onmental Overlay Zones, but wit h allowances f or wor k wit hin an exist ing ut ili t y

easement and a dif f erent set of t r ee removal/ replacement st andards.

33. 595. 365 St andards f or Development Associated wit h Uses in t he Parks and Open Ar easCat egory.

This sect ion pr ovides several set s of st andards t o addr ess many of t he parks and open space

development t hat was envisioned in t he West Hayden I sland Final Base Concept Plan. These include

st andards f or t r ails and viewpoints, non-mot orized boat launches, and possible park ing areas and

st ructures t hat could be af f iliated wit h parks and open space uses, such as t railhead or beach

parking or a smaller st ruct ures t hat could provide park int erpret ive or management f acilit ies or a

covered r est area.

Ot her parks development or parks development not specif ically addressed under t hese st andards

(or t hr ough any exempt ions above) would need t o receive approval t hrough a Natural Resource

Review.

A. Tr ails and Viewing Ar eas. These pr ovide a series of st andards t o allow a t r ail network t obe constr ucted wit hout requir ing an envir onmental review. The maximum widt h of 60

inches should allow f or a t r ail t o be built t hat meet ADA standards. A limit ed number of

viewing areas t hat were shown as par t of t he Concept Plan will be allowed as par t of t his

net work. Tr ees t hat ar e removed will need t o be replaced to ensur e the maint enance of

t he t r ee canopy on the island.

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33 . 595 . 360 S ta nda r ds f o r Ut i l it y Line s

The following standards apply to utility lines, except outfall pipes and structures associated

with an out fall pipe. All of th e stan dar ds m us t be met. Modification of an y of th ese stan dar ds

requires approval through a West Hayden Island Resource Review.

A. Distu rba nce area. When a u tility line is located ou tside of an existing right of way or

util ity easement, the distu rban ce area may be no greater tha n 10 feet wide. Existing

util ity easements a re shown on Map 595-1. There is no disturba nce area l imitation on

utility lines located within an existing utility easement;

B. The cons truction of a u tili ty line may n ot occur within a s tream chan nel, wetland, or

water body; an d

C. The s tan dards of 33.595.400 , Tree an d Vegetation Removal, mu st b e met.

33 . 595 . 365 S ta nda r ds f o r De ve lopm e n t Assoc ia t e d with Use s in the P a r ks a nd Ope n

Areas Ca tegory.

The following standards apply to development associated with uses allowed by paragraph

33.5 95.11 0.A.3. All of th e sta nd ard s mu st be met. Modification of an y of th ese stan dar ds

requires approval through a West Hayden Island Resource Review.

A. Tra i ls and viewing a reas . The following st an dar ds a pply to trails and viewing area s:

1. The trail may not be greater than 6 0 inches wide;

2. The distu rban ce area for the trail may not be greater than 15 feet wide.

3. Except as allowed by su bpara graph B.4 .a , the disturb ance area as sociated with a

trail mus t be set b ack at least 50 feet from th e top of ban k of a water body, or be

located lan dward of the ordin ary high water m ark of the Colum bia River or Oregon

Slough;

4. Viewing areas developed in conjun ction with a trail mu st meet th e following:

a. No more tha n fou r viewing area s are allowed with in the OS zone in th e plan

distr ict; an d

b. The maximu m perman ent disturba nce area for each viewing area is 500

squ are feet.

5. Interpretive and directional signs a re allowed within th e distu rban ce area;

6 . Exterior lights are not allowed; an d

7 . The stan dards of 33.595.390, Tree and Vegetation Removal, must be met.

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33. 595. 365 St andards f or Development Associated wit h Uses in t he Parks and Open Ar eas

Category. (contd)

B. Boat Launches and Docks. The Concept Plan considered several possible locat ions to place

a non-motorized boat launching area. Any dock st ructure must be associated wit h t he boat

launch; t he dock may not be st and alone wit hout a launch. These standards pr ovide an

oppor t unit y f or a single, smaller hand boat launch and dock to be creat ed on WHI wit hout

r equir ing a land use review. To reduce impact s, limit at ions on t he size of t he dock and

approach are imposed and any t r ees that are r emoved will need t o be replaced.

C. Parking areas and St r uct ures. The Concept Plan envisioned t he need t o accommodate

parking and f acilit ies f or people using t he t rails and beach ar eas on WHI . These st andards

provide an opport unit y f or t hese t ypes of f acilit ies t o be developed wit hout undergoing a

Nat ural Resource Review, provided t hat t hey ar e limit ed in size and locat ion. Tr ee

r eplacement is required t o ensure t he maint enance of t he islands f orest canopy. Lar ger

r ecreat ional f acilit ies may be proposed, but would have t o be appr oved t hr ough a land use

r eview.

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B . B oa t la unc h e s a nd doc ks . The following sta nda rds a pply to boat launch es an d docks

in the OS zone:

1 . Boat launch es an d docks for motorized boats are not a llowed in th e plan distr ict;

2. Only one boat lau nch a nd as sociated dock for non-motorized boats is a llowed in

the plan distr ict;

3. The boat launch a nd as sociated dock may be located below the ordinary high water

ma rk of the Colu mb ia River or Oregon Slough ;

4. A trail to access the boat laun ch is allowed as follows:

a. The trail ma y be located below th e ordina ry high water mark of th e Colum bia

River or Oregon Slough to l ink to the boat lau nch an d dock to an up land area;

b. The trail width m ay not be greater tha n 72 inches wide; and

c. The disturb an ce area for the boat lau nch access trail may not be greater than

exceed 16 feet wide.

5 . The dock as sociated with the boat launch may not be greater tha n 8 feet wide and

may not be greater than 480 s quare feet in total area;

6 . Exterior lights are n ot allowed; and

7. The standa rds of 33.595.390, Tree and Vegetation Removal, must be met.

C. P a r k ing a r e a s a nd s t r uc tu r e s . Parking areas and structures associated with uses in

the Parks and Open Areas category allowed by paragraph 33.595.110.A.3 mu st m eet

th e following:

1. No more than two areas containing parking or other structu res are allowed within

the OS zone in th e plan d istr ict. Signa ge used for trails are not cons idered

structures for the purpose of this standard;

2. The total perman ent disturba nce area for the areas within the plan distr ict

containing parking and other stru ctures m ay not exceed 20,000 squ are feet;

3. The perman ent disturban ce area for the parking or other structu res mus t be setback at least 50 feet from the ordinary h igh water mark of the Columbia River an d

th e Oregon Slough , and 50 feet from th e top of ban k of an y other water body;

4. The total maximu m floor area allowed for bu ildings ass ociated with Park s and

Open Areas in the p lan distr ict is 5,000 squ are feet;

5. Buildings mu st be set back at least 10 feet from the edge of the perman ent

dis turbance a rea ; and

6. The stan dards of 33.595.390, Tree and Vegetation Removal, must be met.

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Comment ar y



33.595.370 St andards f or Driveways

This sect ion provides a set of standards f or unpaved dr iveways. I t allows t he opport unit y in limited

instances to build a new dr iveway, or realign an exi st ing driveway to ser ve uses on the dr iveway. I t

r equires a br idge crossing f or any dr iveway crossing a wat erbody, and requires mit igat ion f or t r ee

r emoval.

33. 595. 375 St andards f or Resource Enhancement Pr oject s

This sect ion provides a set of standar ds f or r esource enhancement proj ects t hat do not r equire

excavat ion or f ill work wit hin wet lands and do not r esult in the removal of any nat ive veget at ion.Enhancement proj ect s t hat cannot meet t hese st andards must go t hrough a Nat ural Resources

Review; t here are specif ic approval cr it eria f or enhancement projects.

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33 . 595 . 370 S ta nda r ds f o r Drive wa ys

The following st an da rds app ly to new or relocated driveways. Modification of any of th ese

stan dards requires approval through a West Hayden Island Resource Review.

A. Where a driveway crosses a water body, the crossing mu st be b y bridge, and the

foundation or footings of the bridge must be located above the top of bank;

B. The driveway may not be greater than 20 feet wide;

C. The distu rban ce area as sociated with th e driveway may n ot be greater than 40 feetwide;

D. Driveways serving parks an d open sp ace uses mu st be pa ved. Driveways serving other

uses m ay be unpaved.

E. Exterior lights are n ot allowed; and

F. The stan dards of 33.595. 390 , Tree and Vegetation Removal, must be met.

33 . 595 . 375 S ta nda r ds fo r R e sour c e Enha n c e m e n t Pr o je c t sThe following stan dards apply to resource enh ancement projects. All of the sta nda rds m us t be

met. Modification of an y of th ese stan dard s requires app roval th rough West Hayden Islan d

Resource Review.

A. Removing n ative vegetation listed on th e Portlan d Plan t List is n ot allowed;

B. Excavating or filling wetlands are n ot allowed;

C. Excavating is not allowed below the ordinar y high wat er ma rk. Fill is allowed below

th e ordinar y high water m ark provided a ll of th e following are m et:

1. The final slope after grading is 33 percent or less (33 percent s lope repres ents a

r ise to run ratio equal to 1:3); and

2. The placem ent of large wood on th e ban k is allowed below ordina ry high water to

provide bank stabilization.

D. All vegetation planted m us t be n ative an d on the Portlan d Plan t List.

F. Permanent stru ctures are not allowed as part of the resource enh ancemen t.

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Comment ar y



33.595.380 Standards f or Right s- of - Way

This st andard is intended t o allow t he const ruct ion of a public or private right -of -way t o pr ovide

access f rom t he end of Nort h Hayden I sland Drive into t he pr oposed Mar ine Terminal sit e.

Limit at ions on dist ance and locat ion pr eclude it f r om being used in internal ar eas of t he island.

33.595.385 St andar ds f or Out f all Pipes and Associat ed St r uct ur es

This sect ion lays out t he standards f or outf all pipes t hat may be necessary t o handle st ormwater

wit h t he development . The amount of linear dist urbance f or all of t hese f acilit ies and associated

st r uct ures such as ripr ap or r ock armor ing is limit ed to 120 f eet in t he plan dist r ict .

33. 595. 390 St andards f or Tr ee and Vegetat ion Removal

This sect ion works in conjunct ion wit h t he previous Envir onmental Development St andards t o ensur e

t hat t r ees removed as par t of any of t he applicable proj ects covered under t he st andards provide

r eplacement t r ees and vegetati on within the plan dist r ict . The t ree and veget at ion rati o is

suf f icient t o maintain a f ull canopy f orest f or t he f ut ure in t he area of t he replant ing.

The f igure providing an example plant ing plan is locat ed ear lier in t he chapter under t he OS

Set back veget at ion replacement subsect ion.

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33.5 95 .380 S tan dards for Rights-of-Way

The following s tan da rds app ly to new an d existing rights -of-way. All of the following sta nd ard s

mu st be m et. Modification of an y of these s tan dards requires approval through a West Hayden

Island Resource Review.

A. The p aved roadway may n ot be greater tha n 40 feet wide an d th e r ight-of-way may not

be more th an 1,000 feet long;

B. The distu rban ce area as sociated with th e r ight-of-way may n ot be greater than 60 feetwide;

C. The improved right-of-way provides a ccess from Hayden Island Drive to th e area of th e

plan d istrict tha t is zoned IH, or to parking as sociated with a tra il or int erpretive

facility; a n d

D. The standa rds of 33.595. 390 , Tree and Vegetation Removal, must be met.

33 . 595 . 385 S ta nda r ds f o r Ou t f a l l P ipe s a nd o the r S t r uc tu r e s Assoc ia t e d wi th a n Ou t f a ll

PipeThe following sta nd ard s app ly to the insta llation of out falls pipes. All of th e stan dar ds m u st be

met. Modification of an y of th ese stan dard s requires app roval th rough West Hayden Islan d

Resource Review.

A. The tota l width of all outfall pipes, sup porting stru ctures, a nd rock armoring

ass ociated with th e outfall pipe within the p lan distr ict may n ot exceed th an 120 feet

B. Each ou tfall pipe may not be greater than 48 inches in diameter; and

C. The stan dards of 33.595.390 , Tree and Vegetation Removal, must be met.

33 . 595 . 390 S ta n da r ds f o r Tr e e a nd Ve ge ta t ion R e m ova l .

The following sta nd ard s app ly to tree an d vegetation removal. All of th e stan dar ds m u st be set.

Modification of any of these st and ards requires app roval throu gh West Hayden Island Resource

Review.

A. Trees and vegetation may be removed in conjunction with development and exterior

improvements a pproved un der the stan dards of sections 33.595 .360 to 33.595.385 as

follows:

1. within the disturba nce area for utili ty l ines an d outfall pipes;

2. within the distu rba nce area of a trail or viewing area;

3. within 10 feet of str u ctu res, parking area s or a right-of-way;

4 . within the d isturba nce area of driveways; an d5. within resource enhancement areas.

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Comment ar y



33. 595. 390 St andards f or Tr ee and Veget at ion Removal (contd)

West Hayden I sland Resource Review

The f ollowing pages provide t he applicat ion r equirements, procedure

amendments to proposed draft 11-21-12-update-1

Documents