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RECEIVED
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CITY OF TIGARD
BUILDING DIVISION CleanWater Services
March 31,2020
Expires:March 31,2022
PETER&SHARLENE GILL
12285 SW 124TH AVE
TIGARD OR 97223
RE: CWS file 19-003143;1,175 SF two car garage at 12285 SW 124t6 Avenue,Tigard OR on tax
map 2S103BB02000.
Clean Water Services has received your Sensitive Area Certification for the above referenced site.
District staff has reviewed the submitted materials including site conditions and the description of your
project. Staff concurs that the above referenced project with the attached conditions will not significantly
impact the existing Sensitive Areas found near the site. In light of this result,this document will serve as
your Service Provider letter as required by Resolution and Order 19-5,Section 3.02.1,as amended by
Resolution and Order 19-22. All required permits and approvals must be obtained and completed under
applicable local,state,and federal law.
This letter does NOT eliminate the need to protect Sensitive Areas if they are subsequently identified on
your site.
In order to comply with Clean Water Services water quality protection requirements the project
must comply with the following conditions;
1. No structures,development,construction activities,gardens,lawns,application of chemicals,
uncontained areas of hazardous materials as defined by Oregon Department of Environmental
Quality,pet wastes,dumping of materials of any kind,or other activities shall be permitted within
the sensitive area or Vegetated Corridor which may negatively impact water quality,except those
allowed in R&O 19-5,Chapter 3,as amended by R&O 19-22.
2. Prior to any activity within the sensitive area,the applicant shall gain authorization for the project
from the Oregon Department of State Lands(DSL)and US Army Corps of Engineers(USACE).
The applicant shall provide Clean Water Services or its designee(appropriate city)with copies of
all DSL and USACE project authorization permits.
3. An approved Oregon Department of Forestry Notification is required for one or more trees
harvested for sale,trade,or barter,on any non-federal lands within the State of Oregon.
4. Prior to ground disturbing activities an erosion control permit is required.Appropriate Best
Management Practices(BMP's)for Erosion Control,in accordance with Clean Water Services'
Erosion Prevention and Sediment Control Planning and Design Manual,shall be used prior to,
during,and following earth disturbing activities.
5. Activities located within the 100-year floodplain shall comply with R&O 19-5,Section 5.10,as
amended by R&O 19-22.
6. Removal of native,woody vegetation shall be limited to the greatest extent practicable.
7. The detention pond and/or water quality swale shall be planted with Clean Water Services
approved native species,and designed to blend into the natural surroundings.
8. Should final development plans differ from those submitted for review by Clean Water Services,
the applicant shall provide updated drawings,and if necessary,obtain a revised Service Provider
Letter.
2550 SW Hillsboro Highway.Hillsboro,Oregon 97123 p:503.6813600 f:503.681.3603 cleanwaterservices.org
9. The Vegetated Corridor width for sensitive areas within the project site shall be a minimum of 50
feet wide,as measured horizontally from the delineated boundary of the sensitive area.
10. For Vegetated Corridors up to 50 feet wide,the applicant shall enhance the entire Vegetated
Corridor to meet or exceed good corridor condition as defined in R&O 19-5,Section 3.14.2,
Table 3-3,as amended by R&O 19-22.
11. Removal of invasive non-native species by hand is required.Replanting is required of any cleared
areas larger than 25 square feet using low impact methods.
12. Prior to installation of plant materials,all invasive vegetation within the Vegetated Corridor shall
be removed per methods described in Clean Water Services'Integrated Pest Management Plan,
2019.During removal of invasive vegetation care shall be taken to minimize impacts to existing
native tree and shrub species.
13. The City of Tigard and/or Clean Water Services shall be notified 72 hours prior to the start and
completion of enhancement/restoration activities. Enhancement/restoration activities shall
comply with the guidelines provided in Planting Requirements(R&O 19-5,Appendix A,as
amended by R&O 19-22).
This Service Provider Letter is not valid unless CWS-aenroved site elan is attached.
If you have any questions,please feel free to call me at(503)681-3653.
Sincerely,
Lindsey Obermiller
Environmental Plan Review
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RECEIVED
DEC 31 2020
CITY OF TIGARD
BUILDING DIVISION
MEMORANDUM
Date: May 26, 2020
To: Lina Smith, Assistant Planner, City of Tigard
From: Jackie Sue Humphreys, Clean Water Services (CWS)
Subject: Gill Residence Front Setback, ADJ2020-00009, 2S103BB02000
Please include the following comments when writing your conditions of approval:
PRIOR TO ANY WORK ON THE SITE
A Clean Water Services (CWS) Stormwater Connection Permit Authorization must be obtained.
Application for CWS Permit Authorization must be in accordance with the requirements of the
Design and Construction Standards, Resolution and Order No. 19-5 as amended by R&O 19-22,
or prior standards as meeting the implementation policy of R&O 18-28, and is to include:
a. Detailed plans prepared in accordance with Chapter 2, Section 2.04.
b. Detailed grading and erosion control plan. An Erosion Control Permit will be required.
Area of Disturbance must be clearly identified on submitted construction plans.
c. Detailed plans showing the development having direct access by gravity to public storm
and sanitary sewer.
d. Provisions for water quality in accordance with the requirements of the above named
design standards. Water Quality is required for all new development and redevelopment
areas per R&O 19-5, Section 4.04. Access shall be provided for maintenance of facility
per R&O 19-5, Section 4.07.6.
e. If use of an existing offsite or regional Water Quality Facility is proposed, it must be
clearly identified on plans, showing its location, condition, capacity to treat this site and,
any additional improvements and/or upgrades that may be needed to utilize that facility.
f. If private lot LIDA systems proposed,must comply with the current CWS Design and
Construction Standards. A private maintenance agreement, for the proposed private lot
LIDA systems, needs to be provided to the City for review and acceptance.
g. Show all existing and proposed easements on plans. Any required storm sewer, sanitary
sewer, and water quality related easements must be granted to the City.
h. Applicant shall comply with the conditions as set forth in the Service Provider Letter No.
19-003143, dated March 31, 2020.
i. Any proposed offsite construction activities will require an update or amendment to the
current Service Provider Letter for this project.
CONCLUSION
This Land Use Review does not constitute CWS approval of storm or sanitary sewer compliance
to the NPDES permit held by CWS. CWS,prior to issuance of any connection permits,must
approve final construction plans and drainage calculations.
NOTICE OF TYPE II DECISION
ADJUSTMENT ADJ2020-00009 !PI _ a
GILL FRONT SETBACK ADJUSTMENT TIGARD
120 DAYS = September 2, 2020
SECTION I. APPLICATION SUMMARY
FILE NAME: GILL FRONT SETBACK ADJUSTMENT
CASE NO.: Adjustment ADJ2020-00009
REQUEST: The applicant requests an adjustment to reduce the front setback from 20 feet to 14 feet for
12285 SW 124th Avenue. The adjacent property to the north contains a locally significant
wetland, and the wetland's 50-foot vegetated corridor extends onto the applicant's property.
The applicant requests this adjustment in order to accommodate a new garage, while keeping
the structure out of the vegetated corridor.
APPLICANT: Peter Gill
12285 SW 124`h Avenue
Tigard, OR 97223
OWNERS: Peter and Sharlene Gill
12285 SW 124th Avenue
Tigard, OR 97223
ZONE: R-4.5: Low-Density Residential
LOCATION: 12285 SW 124th Avenue
WCTM 2S103BB,Tax Lot 2000
APPLICABLE Community Development Code 18.715.
REVIEW
CRITERIA:
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the
above request,subject to certain conditions.The findings and conclusions on which this decision is based are noted
in Section V of this decision.
NOTICE OF DECISION PAGE 1 OF 5
ADJ2020-00009 GILL FRONT SETBACK ADJUSTMENT
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS MUST BE SATISFIED:
1. Prior to commencing any site work, the applicant must obtain a Clean Water Services (CWS) Stormwater
Connection Permit Authorization. Plans must be submitted to the City of Tigard for review. The City will
forward plans to CWS after preliminary review.
2. The applicant must comply with all conditions outlined in CWS file 19-003143, and the written comments
submitted by CWS on May 26,2020.
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The subject property (12285 SW 124`'Avenue;WCTM 2S103BB,Tax Lot 2000) is located on the west side of SW
124" Avenue, north of SW Walnut Street, and south of SW Katherine Street. The property currently contains an
existing single detached house with an attached garage,and associated landscaping.The property also contains two (2)
driveways:one(1)paved driveway at the southern end of the property,which connects to the existing attached garage,
and one (1) gravel driveway at the northern end of the property. The property is zoned Low-Density Residential (R-
4.5),as are surrounding properties.
The adjacent property to the north contains a locally significant wetland and stream (Kruger Creek,which is part of
the Jack Park Greenway).The wetland's 50-foot vegetated corridor extends onto the northern end of the applicant's
property. The applicant proposes to construct a new attached garage on the subject property, and requests an
adjustment to reduce the front setback from 20 feet to 14 feet, in order to accommodate this new garage, and to
keep the structure out of the vegetated corridor.
SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET
The Community Development Code of the City of Tigard requires that all property owners of record within 500
feet of the subject site be notified of the proposal, and be given an opportunity to submit written comments prior
to issuance of the decision. Staff mailed notices of this Type II application to affected parties on May 13,2020. Two
(2) neighbors submitted written comments in support of this application. No other comments were received.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.715 Adjustments
18.715.050 Approval Criteria
A. The approval authority will approve or approve with conditions an adjustment application when all
of the criteria in either Subsection 18.715.050.A or B are met.
1. The proposed adjustment results in development that is generally consistent with the
purpose of the development standard to be adjusted; and
a. Has only minor impacts on surrounding properties or public facilities; or
b. Addresses a site constraint or unusual situation; or
c. Utilizes innovative design or results in sustainable development.
The applicant requests an adjustment to reduce the front setback from 20 feet to 14 feet for 12285 SW 124"Avenue,
NOTICE OF DECISION PAGE 2 OP 5
ADJ2020-07009 GILL FRONT SETBACK ADJUSTMENT
in order to accommodate a new attached garage. The purpose of the front setback requirement is to allow for
adequate space between structures and the public right-of-way,which includes the street, and other public facilities
(such as utilities) in the right-of-way. SW 124th Avenue is classified as a local street in the City of Tigard
Transportation System Plan, and has a current right-of-way width of 50 feet. If future development were to occur
on the subject property, a two-foot right-of-way dedication would be required, in addition to an eight-foot public
utility easement. Therefore, any structures located within the first 10 feet of the existing right-of-way line would be
in conflict with future public facilities. Because the applicant proposes to locate the garage 14 feet away from the
existing right-of-way line, the structure will not be in conflict with future public facilities, and the City of Tigard
Engineering Division supports the applicant's adjustment request.Accordingly,staff fmds the proposed adjustment
results in development that is generally consistent with the purpose of the front setback requirement.
In addition, the adjacent property to the north contains a locally significant wetland, and the wetland's 50-foot
vegetated corridor extends onto the applicant's property.The west side of the property also contains existing,mature
trees. The applicant requests this adjustment in order to keep the proposed garage addition out of the vegetated
corridor on the north side of the property,and to preserve the existing,mature trees on the west side of the property.
Accordingly, staff finds the requested adjustment addresses a site constraint with the subject property, and the
applicant's adjustment request is approvable. This criterion is met.
2. The proposed adjustment does not have a greater impact on city-designated sensitive lands
than would otherwise occur if the adjustment was not approved; and
The proposed adjustment will allow the applicant to avoid any impacts to the city-designated sensitive lands on the
subject property. Additionally, Clean Water Services reviewed the applicant's proposal, and determined that this
project will not significantly impact the existing sensitive areas found near the site. This criterion is met.
3. If the proposed adjustment addresses a site constraint or unusual situation, utilizes
innovative design, or results in sustainable development, any impacts from the proposed
adjustment are mitigated to the extent practicable; and
The proposed adjustment addresses a site constraint, and will allow the applicant to avoid impacts to the city-
designated sensitive lands on the subject property. Additionally, the City of Tigard Engineering Division reviewed
the applicant's proposal,and determined that the proposed adjustment will not negatively impact existing or future
public facilities. This criterion is met.
4. If more than one adjustment is proposed, the cumulative effect of the adjustments results
in development that is generally consistent with the existing development pattern of the
surrounding area and the overall purpose of the base zone.
The applicant does not request more than one (1) adjustment. This criterion does not apply.
SECTION VI. OTHER STAFF COMMENTS
The City of Tigard Engineering Division was sent a copy of the applicant's proposal, and supported the
requested adjustment. The Engineering Division's full comments have been incorporated into the adjustment
findings,and are attached to this decision.
SECTION VII. AGENCY COMMENTS
NOTICE OF DECISION PAGE 3 OF 5
ADJ2020-00009 GILL FRONT SETBACK_ADJUSTMENT
Clean Water Services issued a Service Provider Letter (CWS file 19-003143) for this proposal on March 31,2020,
and determined that this project will not significantly impact the existing sensitive areas found near the site. The
agency also submitted written comments, dated May 26, 2020. The City of Tigard and CWS have an
intergovernmental agreement stating that the City will ensure implementation of CWS Design and Construction
Standards. Accordingly, city staff has included conditions of approval that require the applicant to obtain a
Stormwater Connection Permit Authorization,and to comply with all conditions outlined in CWS file 19-003143.
Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and had no objections.
Attachments:
Attachment 1: Approved Site Plan
Attachment 2: City of Tigard Engineering Division,Written Comments submitted May 27,2020
Attachment 3: Clean Water Services, Service Provider Letter dated March 31, 2020
Attachment 4: Clean Water Services, Comment Letter dated May 26, 2020
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to:
X The applicant and owners
X Owners of record within the required distance
X Affected government agencies
Nancy.OF DECISION PAGE 4 OF 5
ADJ2020-00009 GILL FRONT SETBACK ADJUSTMENT
Final Decision:
THIS DECISION IS FINAL ON JUNE 11,2020,AND
EFFECTIVE ON JUNE 30, 2020, UNLESS AN APPEAL IS FILED.
Appeal:
A Type II decision is final for purposes of appeal on the date the notice is mailed. A Type II decision becomes
effective on the day after the appeal period expires, unless an appeal is filed. Any party with standing to appeal, as
provided in Section 18.710.090.A, may appeal this decision in accordance with Section 18.710.090 of the
Community Development Code of the City of Tigard, which provides that a written appeal together with the
required fee must be filed with the Director within 15 days of the date the Notice of Decision was mailed. The
appeal fee schedule and forms are available at the City of Tigard Permits Center, 13125 SW Hall Boulevard,Tigard,
OR 97223.
All appeal hearings are de novo, which allows for the presentation of new evidence, testimony, and argument by
any party. The appeal authority will consider all relevant evidence,testimony,and argument that are provided at the
hearing by the appellant or any party.The scope of the hearing is not limited to the issues that were raised on appeal.
ITHE DEADLINE FOR FILING AN APPEAL IS 5:00 P.M. ON JUNE 29, 2020.
Questions:
If you have any questions, please contact Lina Smith,Assistant Planner at (503) 718-2438, 1,inaCSatigard-or.gov,
or City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223.
June 11,2020
PREPARED BY: Lina Smith DATE 1
Assistant
Planner
.._ ...%);—(2712,-.61- ‘411ce
June 11, 2020
APPROVED BY: Tom McGuire DATE
Assistant Community Development Director
NOTICE OF DECISION PAGE 5 OF 5
ADJ2020-00009 GILL FRONT SI±'I'RACK ADJUSTMENT
APPROVED ATTACHMENT 1
LinaCS , 15:41:16, 06/09/2020
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ATTACHMENT 2
a
TIGARD REQUEST FOR COMMENTS
DALE: May 8,2020
TO: Per Attached
FROM: City of Tigard Planning Division
STAFF CONTACT: Lina Smith,Assistant Planner
Phone: (503) 718-2438 Email: LinaCS@tigard-or.gov
ADJ2020-00009
- GILL FRONT SETBACK ADJUSTMENT -
REQUEST: The applicant requests an adjustment to reduce the front setback from 20 feet to 14 feet for 12285 SW 124`h
Avenue. The adjacent property to the north contains a locally significant wetland, and the wetland's 50-foot vegetated
corridor extends onto the applicant's property. The applicant requests this adjustment in order to accommodate a new
garage,while keeping the structure out of the vegetated corridor.LOCATION: 12285 SW 124th Avenue;WCTM 2S103BB,
Tax Lot 2000. ZONE: R-4.5: Low-Density Residential Zone. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapter 18.715.
Attached are the Applicant's Materials for your review. If you wish to comment on this application,WE NEED YOUR
COMMENTS BACK BY: MAY 26. 2020. You may use the space provided below or attach a separate letter to return
your comments. Please contact the staff person noted above if you are unable to respond by the comment deadline, or if
you have any questions.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
We have reviewed the proposal and have no objections to it.
Please contact at our office.
Please refer to the enclosed letter or email.
x Written comments provided below:
SW 124th Ave is classified as a local road.and currently has a 50'right-of-way. If future development required right-of-way dedication
to meet the current local road section of 54'then 2'of dedication would be required,along with an 8'public utility easement.
Therefore.Engineering would be concerned with anything proposed within 10 feet of the current right-of-way line for SW 124th Ave.
The proposed site plan shows the structure at 14.54' from the current right-of-way line. The proposed structure requires a
setback adjustment to avoid mature trees and the wetland buffer.Due to this reasoning Engineering is in support of this adjustment.
Name&Number of Person Commenting:Joe Wisniewski,Assistant City Engineer,971-271-4772
• ATTACHMENT 3
CleanWater Services
March 31,2020
Expires:March 31,2022
PETER&SHARLENE GILL
12285 SW 124TH AVE
TIGARD OR 97223
RE: CWS file 19-003143;1,175 SF two car garage at 12285 SW 124"Avenue,Tigard OR on tax
map 2S103BB02000.
Clean Water Services has received your Sensitive Area Certification for the above referenced site.
District staff has reviewed the submitted materials including site conditions and the description of your
project. Staff concurs that the above referenced project with the attached conditions will not significantly
impact the existing Sensitive Areas found near the site. In light of this result,this document will serve as
your Service Provider letter as required by Resolution and Order 19-5,Section 3.02.1,as amended by
Resolution and Order 19-22. All required permits and approvals must be obtained and completed under
applicable local,state,and federal law.
This letter does NOT eliminate the need to protect Sensitive Areas if they are subsequently identified on
your site.
In order to comply with Clean Water Services water quality protection requirements the project
must comply with the following conditions:
1. No structures,development,construction activities,gardens,lawns,application of chemicals,
uncontained areas of hazardous materials as defined by Oregon Department of Environmental
Quality,pet wastes,dumping of materials of any kind,or other activities shall be permitted within
the sensitive area or Vegetated Corridor which may negatively impact water quality,except those
allowed in R&O 19-5,Chapter 3,as amended by R&O 19-22.
2. Prior to any activity within the sensitive area,the applicant shall gain authorization for the project
from the Oregon Department of State Lands(DSL)and US Army Corps of Engineers(USACE).
The applicant shall provide Clean Water Services or its designee(appropriate city)with copies of
all DSL and USACE project authorization permits.
3. An approved Oregon Department of Forestry Notification is required for one or more trees
harvested for sale,trade,or barter,on any non-federal lands within the State of Oregon.
4. Prior to ground disturbing activities an erosion control permit is required.Appropriate Best
Management Practices(BMP's)for Erosion Control,in accordance with Clean Water Services'
Erosion Prevention and Sediment Control Planning and Design Manual,shall be used prior to,
during,and following earth disturbing activities.
5. Activities located within the 100-year floodplain shall comply with R&O 19-5,Section 5.10,as
amended by R&O 19-22.
6. Removal of native,woody vegetation shall be limited to the greatest extent practicable.
7. The detention pond and/or water quality swale shall be planted with Clean Water Services
approved native species,and designed to blend into the natural surroundings.
8. Should final development plans differ from those submitted for review by Clean Water Services,
the applicant shall provide updated drawings,and if necessary,obtain a revised Service Provider
Letter.
2550 5W Hillsboro Highway.Hillsboro,Oregon 97123 p:503.6813600 f:503.681.3603 deanwaterservices.org
•
9. The Vegetated Corridor width for sensitive areas within the project site shall be a minimum of 50
feet wide,as measured horizontally from the delineated boundary of the sensitive area.
10. For Vegetated Corridors up to 50 feet wide,the applicant shalt enhance the entire Vegetated
Corridor to meet or exceed good corridor condition as defined in R&O 19-5,Section 3.14.2,
Table 3-3,as amended by R&O 19-22.
11. Removal of invasive non-native species by hand is required.Replanting is required of any cleared
areas larger than 25 square feet using low impact methods.
12. Prior to installation of plant materials,all invasive vegetation within the Vegetated Corridor shalt
be removed per methods described in Clean Water Services'Integrated Pest Management Plan,
2019.During removal of invasive vegetation care shall be taken to minimize impacts to existing
native tree and shrub species.
13. The City of Tigard and/or Clean Water Services shall be notified 72 hours prior to the start and
completion of enhancement/restoration activities. Enhancement/restoration activities shall
comply with the guidelines provided in Planting Requirements(R&O 19-5,Appendix A,as
amended by R&O 19-22).
This Service Provider Letter is not valid unless CWS-approved site plan is attached.
If you have any questions,please feel free to call me at(503)681-3653.
Sincerely,
Lindsey Obermiller
Environmental Plan Review
Attachment(1 )
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ATTACHMENT 4
MEMORANDUM
Date: May 26, 2020
To: Lina Smith, Assistant Planner, City of Tigard
From: Jackie Sue Humphreys, Clean Water Services (CWS)
Subject: Gill Residence Front Setback, ADJ2020-00009, 2S103BB02000
Please include the following comments when writing your conditions of approval:
PRIOR TO ANY WORK ON THE SITE
A Clean Water Services (CWS) Stormwater Connection Permit Authorization must be obtained.
Application for CWS Permit Authorization must be in accordance with the requirements of the
Design and Construction Standards, Resolution and Order No. 19-5 as amended by R&O 19-22,
or prior standards as meeting the implementation policy of R&O 18-28, and is to include:
a. Detailed plans prepared in accordance with Chapter 2, Section 2.04.
b. Detailed grading and erosion control plan. An Erosion Control Permit will be required.
Area of Disturbance must be clearly identified on submitted construction plans.
c. Detailed plans showing the development having direct access by gravity to public storm
and sanitary sewer.
d. Provisions for water quality in accordance with the requirements of the above named
design standards. Water Quality is required for all new development and redevelopment
areas per R&O 19-5, Section 4.04. Access shall be provided for maintenance of facility
per R&O 19-5, Section 4.07.6.
e. If use of an existing offsite or regional Water Quality Facility is proposed, it must be
clearly identified on plans, showing its location, condition, capacity to treat this site and,
any additional improvements and/or upgrades that may be needed to utilize that facility.
f. If private lot LIDA systems proposed, must comply with the current CWS Design and
Construction Standards. A private maintenance agreement, for the proposed private lot
LIDA systems, needs to be provided to the City for review and acceptance.
g. Show all existing and proposed easements on plans. Any required storm sewer, sanitary
sewer, and water quality related easements must be granted to the City.
h. Applicant shall comply with the conditions as set forth in the Service Provider Letter No.
19-003143, dated March 31, 2020.
i. Any proposed offsite construction activities will require an update or amendment to the
current Service Provider Letter for this project.
CONCLUSION
This Land Use Review does not constitute CWS approval of storm or sanitary sewer compliance
to the NPDES permit held by CWS. CWS, prior to issuance of any connection permits, must
approve final construction plans and drainage calculations.