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MMD2011-00003NOTICE OF TYPE I DECISION SECTION I. APPLICATION SUMMARY FILE NAME: Fanno Creek Boardwalk Planting Plan Modification CASE NO.: Minor Modification (MMD) MMD2011 -00003 PROPOSAL: The applicant is requesting to modify the planting plan previously approved under the Fanno Creek Trail and Bridge application (MMD2009- 00007). APPLICANT: City of Tigard OWNER: Same 13125 SW Hall Blvd. Tigard, OR 97223 LOCATION: 13500 SW Hall Boulevard, WCTM 2S102DA, Tax Lot 600. ZONING DESIGNATIONS: I -L: Light Industrial District The I -L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. (The I -L zone is located east of Hall Boulevard and north of Fanno Creek). R -12: Medium-Density Residential District. The R -12 zoning district is designed to accommodate a fuU range of housing types at a minim lot size of 3,050 square feet. A wide range of civic and institutional uses are also perrnitted conditionally. (The R -12 zone is located east of Hall Boulevard and south of Fanno Creek). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, and 18.530. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. MMD2011 -00003 Fanno Creek Boardwalk Planting Plan Modification 1 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. PROPOSAL & SITE INFORMATION Proposal Information This request is for a Minor Modification (1\4MD2011- 00003) approval to modify a planting plan previously approved as part of the Fanno Creek Trail /Bridge application (SLR2009- 00002 /SLR2009- 00003/MMD2009 -00007 & MMD2009- 00013). Originally the trail segment was designed at grade. These plantings were proposed to create a barrier to keep users from leaving the trail and disturbing natural areas. The final design included an elevated boardwalk trail with a railing as a barrier. The plantings will act as an additional barrier. The proposed modification is only to plant size and species. No changes are proposed to the size or location of the area to be planted. The 100 -year floodplain will not be further impacted than previously approved. All modifications are outside of wetlands and the Clean Water Services vegetated corridor. Site Information The site (tax lot 600) has dual zoning, Light Industrial (I -L) and Medium High Density Residential (R- 12). The project area is located on the north side of Fanno Creek just north of the existing Tigard Library. The proposed plantings will occur on the I -L portion of the site. Site History Staff conducted a search of City records for the subject property. The Tigard Library was approved for tax lot 600 in 2003 (CUP2003- 00001). Various other approvals have been granted to construct a gazebo in the open space adjacent to the library, modify the library parking lot and construct portions of the Fanno Creek Trail. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Analysis of Modification Request: Section 18.330.020 of the Tigard Development Code Conditional Use Review Section, states; "if the requested modification meets any of the major modification criteria, that the request shall be reviewed as a new Conditional Use application" Section 18.330.020.B.2 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. A change in land use; The proposed landscape modification is not a change in land use. This standard is satisfied. 2. A 10% increase in dwelling unit density; The site is not developed with a residential use; therefore, this criterion is not applicable. 3. A change in the type and /or location of access ways and parking areas where off -site traffic would be affected; The proposal is for a modification to an approved landscape plan. No changes are proposed to accessways or parking areas. This criterion is satisfied. 4. An increase in the floor area proposed for non - residential use by more than 10% where previously specified; An increase in floor area is not proposed. Therefore, this standard is not applicable. 5. A reduction of more than 10% of the area reserved for common open space and /or usable open space; There is no proposed reduction of open space. This criterion is not applicable. MMD2011 -00003 Fanno Creek Boardwalk Planting Plan Modification 2 6. A reduction of specified setback requirements by more than 20 %; The applicant is not asking for a reduction of setbacks. There are no structures as part of this proposal that require setbacks. This standard is not applicable. 7. An elimination of project amenities by more than 10% where previously specified provided such as: (a) Recreational facilities; (b) Screening; or (c) Landscaping provisions; The proposed modification only affects the size and species of previously approved plantings. This proposal does not affect any on -site recreational facilities, screening, or landscaping. This standard is satisfied. 8. A 10% increase in the approved density; The proposed modification request does not involve residential development; therefore, no increase to density is involved in the request. Conclusion This request is determined to be a minor modification to an existing site. The Director's designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding properties provided that, development which occurs after this decision complies with all applicable local, state, and federal laws. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON FEBRUARY 11, 2010 AND BECOMES EFFECTIVE ON FEBRUARY 12, 2010. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. CA��� 0 . C APPROVED BY: Cheryl Caines Associate Planner February 11, 2010 DATE MMD2011 -00003 Fanno Creek Boardwalk Planting Plan Modification 3 VICINITY MAP MMD2011 -00003 FANNO CREEK BOARDWALK PLANTING PLAN MODIFICATION Subject Site D 4 1� T1 ?7 Y 1 Information on tins map IS Tor general location only and should be verified with the Development Services Division. Approx. z>Cale 1!4,000 - 1 In = 3J3 R Map prVlteo at UJ'4J I'M on 11 t DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF TIGARO RM S.NO WARRANTY. REPRESENTATION OR GUARANTEE AS TO THE '- GWRALY,'I— INESSUft LOMPLETENESS�ANi OF THEUAIAH tMUHtHON. IHECITYUH IIGRKUSHALLASSUMENO LIABILITY FOR ANY ERRRoLS MI550NS,OR INACCURACIES IN THE uny of I g ara 13125 SW Hall Blvd TIGARD 6QS Tigard, OR 97223 M 503 639 -4171 www.tigard- or.gova�:.�'?w!� 8- Kelsey Do 5- Nootka Rose 3' -0" MIN. TYP, 8- Kelsey Dogwood 5- Rugosa Rose Vegetative Corridor 7- Kelsey Dogwood (Restored to Good Condition) 5- Nootka Rose 10- Kelsey Dogwood Ety Hall Blvd. CWS Vegetated � r Sign -y I. I •° Ex idng.$ldewak 8- Nootka Rose 5- Kelsey Dogwood 9- Rugosa Rose 5- Kelsey Dogwood/ \ -No tka Rase Kel ey Dogwood / A / 9N 10- Rugosa Rose / (' Boardwalk Planting within Vegetative Corridor (Existing) / Wetlands PLANT MATERIALS LISTING: SVM SHRUBS oTr. s¢E cawmorv 0 M 16A. Can 9Fi.x " 70 1 CW. Can �. x 10d. Can ;rY 1, ��,1�'1" nAMn1c AaFi. �19x �,A91 a A- nEm nay aA91 f aAda1LL 9dL MYTIE N - 9GNfY W NL4 • BOTCM a RWRML aN woa'nAam 901. SHRUB PLANTING DETAIL xn NOTES 1. ese sroa MAr ff sussnN9m MTx mxrMrlrA sroac a cauu wruE 2 MR MAY FE 9JBa11Nl wnl BAB EaUAL 4W 1 TMD— Wu S PLANT maAL SHALL coWrad AIEMCN! rAWOASO raNU- sraae "T MA — I & Mm s ANS mat. 19m mina,. a. Ail TWEFS sNALL eE eNANam. s. MAw ALL iRANla1G eEOS wN r um. urtA a srtarlm MuL�. a. tll ME EMLT O< A gSCAF <ElLLm1 nN9 YATFIIAL 11511NE . NE aUNIM'S, nE ORAWWfS SHALL COLOW NNE PLANT SPEd6 NNO W/NnnE9 Ma a. N nff EU]R OE GI.6nON CR LAd( . dMOTV d ORAMNOS. -- CONTRACTOR Is ro CALL IAMKCAPE ARCMimi 45aSE PR a PE mNTRACIOR ro N— L/a1t15>rAfE ARMIIECf PPoat T TO MSIALLA 6 PLAIR W T Y* ow a GiosclPE oaN1AACNaR ro TNrT1IV TILE gVN11TFS. • OFFSET FIRST ROW OF HEDGE PLANTING A MIN. OF T -0" FROM EDGE OF BOARDWALK. REFER TO PLANT LISTING FOR REQUIRED SPACING. a a Of 5 $ N �85: I Z g Of —A —ARS IJ OREGON ,(++ Q J_ Z 0� Z W Z mu u he ° i O m � m LLo u °3 Y ~ F O Z ne aD lL W s a scn 00 nil the � l — �tier c O 0 � PLINTNN6 Pl/Wl At;3 3 ` C. WEd: O SCALE: 1"= 20' -0" L1 0 1�0 K, 2S102DA00600 CITY OF TIGARD 13125 SW HALL BLVD TIGARD.OR 97223 r;� ci RECEIVED City of Tigard FEB 0 9 2011 Minor Modification — Typ� Pp A on GENERAL INFORMATION In addition, the Director must find that the proposed �. � change is in compliance with all applicable requirements of Property Address /Loc tion s): Title 18 of the Tigard Development Code. To complete �� 417 ; � this review, the Applicant's proposal must include a Tax Map & Tax Lot #(s): -V discussion indicating how the site expansion /change will /U 7�> A / O/ 0 continue to comply with the maximum setback, building Site Size: height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste Applicant *: � - f 4 1 0 0 j 4-r storage, non - conforming situations, signs, and tree Address: v ` ' yi removal may also be applicable depending on the type and City/State: 4 f SQ 7 p: �L.� ! location of the proposed modifications. Primary Contact: � r-[ 4 n 2 6 0 Phone: 4d,j ` 7/ "Z ax: 4FPZ -7A + 7 -7 X E -Mail: Property Owner /Deed Holder(s) *: (Attach list if more than one) - t 7 C.) I/ q 4 �"' 4' Address: - J it. .4612 41 ti 1 0 y 4:hone: City/ State: Zip: * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion or change does not invoke one or more of the criteria discussed within Section 18.360.050(B) — Site Development Review or Section 18.330.020(B)(2) — Conditional Use. If the modification exceeds the maximum allowed under any one or more of the criteria, a Major Modification review is required. Major Modifications are processed in the same manner as a new Site Development Review or Conditional Use Permit. Applicant's Statement: The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B) or 18.330.020(B)(2) must be addressed with a detailed response to each criterion. Failure to provide the information needed to process the application would be reason to consider an application incomplete and delay review of the proposal. REQUIRED SUBMITTAL ELEMENTS (Applications will not be accepted without the following required submittal elements) Application Form Owner's Signature /Written Authorization ❑ Title Transfer Instrument or Deed - / - llqL. [�J Site Plan (4 Large Plans & One -Reduced to 8t /z" x 11 ") [9 Applicant's Statement /Narrative (4 copies) ❑ Filing Fee $599.00 FOR STAFF USE ONLY Case No.(s): P 9 X JD"o Other Case No.(s): Receipt No Date: i Application Accepted By: P- Date Determined Comple Iv? `�' Revised: 7/1/10 i:\cuM1n\masters\1and use a lications \minor modification app.docx City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503 - 718 -2421 www.tigard - or.gov I Page 1 of 2 To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANTS) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject ro er . ♦ If the application is granted, the applicant will exercise the rights gr anted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this ( day of '� r " , 20 Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 www.tigard- or.gov I Page 2 of 2 Fanno Creek Trail Segment, SLR 2009 -00002 Minor Modification Request Applicant Narrative On behalf of the City of Tigard, the landowner, this is to request a Minor Modification to the Fanno Creek Trail Segment, Case Number SLR 2009 - 00002, et al., as approved by the Tigard Hearings Officer on July 22, 2009. Application Narrative This minor modification proposal relates to the Planting Plan submitted as part of the original application packet. The original plan set included an 11 "x 17" drawing labeled "Planting Plan" that depicted planting strips located along both sides of the boardwalk portion of the trail. According to the application narrative, this vegetated corridor is distinguished from the Clean Water Services (CWS) vegetated corridor located along streams and around wetlands and consists of "thorny native vegetation" intended to further discourage trail users and their pets from straying off the trail. The Final Order approving SLR 2009 -00002 incorporated "the staff report and exhibits received..." The plan set and narrative were part of the applicant's submittal from which the Hearings Officer made the decision to approve the proposal. By virtue of its inclusion by reference in the staff report and in the exhibits received, the Final Order effectively conditioned the City to plant and maintain the vegetated barrier as shown in the Planting Plan. The Planting Plan drawing included a "Fanno Creek Planting Plan Table" that described plant species and their root size and spacing. The portion of the trail corridor within the Clean Water Services Vegetate Corridor has been planted according to this table. The area outside the CWS Vegetated Corridor has not been planted as yet. The proposed minor modification applies only to this unplanted area, or area outside the CWS vegetated corridor. The proposed Minor Modification is a revised planting table for this unplanted area only. No change to the width, length, or function of the corridor of thorny vegetation is proposed, only to the planting scheme. Highlights of the original and revised Planting Plans are as follows: i /Irpin /duane /duane /li bra ry trail.minor modification request (2.) Screening: Screening is not mentioned in the original submittal as a purpose of the vegetated corridor. Therefore, this criterion is not applicable. (3.) Landscaping provisions: No reduction in landscaping is proposed. The length and width of the proposed vegetated barrier flanking the trail is unchanged. h. A 10% increase in the approved density: The development in question is a trail and road crossing and is not a residential development. Likewise, no commercial or industrial structures are included in the original or modified project proposal. A pedestrian bridge and boardwalk do not qualify as commercial or industrial structures. 18.330.020.0 Minor Modification of Approval Plans or Existing Conditional Use. Rationale for the Minor Modification. Narrative: Please see above Approval Criteria: 4 1. The proposed development is in compliance with all applicable requirements of this title: The modification includes changes to the vegetated corridor planting scheme only. No other changes are proposed. All other components of the project have been completed as approved by the Final Order. 2. The modification is not a major modification: Compliance with this criterion is detailed above. i /Irpin /duane /duane /library trail.minor modification request R exist S/, - - 8- Kelsey Do F(Restored 5- Nootka Rose 3' -0" MIN. (TYP.) 8- Kelsey Dogwood 5- Rugosa Rose tative Corridor 7- Kelsey Dogwood to Good Condition) 5- Nootka Rose 10- Kelsey Dogwood Exist Guordroil 3 +50 4 +00 CWS Vegetated C idpr Sign Hall Blvd. W 1 -N Existing $idewelk 6- Nootka Rose C/)� 5- Kelsey Dogwood 9- Rugosa Rose 3 5- Kelsey Dogwood o tka Rose / By Dogwood / PI ANT MATFQIAI S I I.4TINr BOTANICAL NAME COMMON NAME SYM SHRUBS OTY, SIZE CONDITION REMARKS w c Corms mricea'KelmYi Kelsey Reoosier Dopwooa 48 1 Cal. Can 3 FT. o/c. ® Rom nus— N.k. Rose 26 1 Cal. Can 3 FT. a /c. ® Rosa N9om 24 1 Cal. Can 3 FT. o/c. ~ o Rug— Rom O m Q Q ti 4 E ROOT RAJ L ABOVE ADJACENT FINISH GRADE OF PLANTING AREA WA R R TION BASIN BACKFlLL SOIL MIXTURE AS f :.... ....... _ SCAPoFY WALLS k BOTTOM OF SET ROOTBALL ON UNDISTURBED SOIL. GROMAX BAGS AS SPECIFIED. 3 X DIA. OF ROOT BALL SHRUB PLANTING DETAIL NTS NOTES 1. B&B STOCK MAY BE SUBSTITUTED WITH CONTAINER STOCK OF EQUAL GRADE. 2. CONTAINER STOCK MAY BE SUBSTITUTED WITH Bd18 STOCK OF EQUAL GRADE. 3. PLANT MATERIAL SHALL CONFORM WITH AMERICAN STANDARD FOR NUSERY STOCK, ANSI 260.1, 1986 EDITION. 4. ALL TREES SHALL BE BRANCHED. 5. MULCH ALL PLANTING BEDS WITH 2 MIN. LAYER OF SPECIFIED MULCH. 6. IN THE EVENT OF A DISCREPANCY BETWEEN THIS MATERIAL LISTING AND THE DRAWINGS, THE DRAWINGS SHALL GOVERN THE PLANT SPECIES AND QUANTITIES REO. 7. IN THE EVENT OF QUESTION OR LACK OF CLARITY ON DRAWINGS, LANDSCAPE CONTRACTOR IS TO CALL LANDSCAPE ARCHITECT BEFORE PROCEEDING. B. LANDSCAPE CONTRACTOR IS TO NOTIFY LANDSCAPE ARCHITECT PRIOR TO INSTALLATION OF PLANT MATERIAL 9. LANDSCAPE CONTRACTOR TO VERIFY TREE QUANTITIES. • OFFSET FIRST ROW OF HEDGE PLANTING A MIN. OF T -0" FROM EDGE OF BOARDWALK. REFER TO PLANT LISTING FOR REQUIRED SPACING. � L7 9X o 10- Rugosa Rose Boardwalk Planting within / Vegetative Corridor (Existing) / / c) Wetlands FFe D , Z0'' o / Or), Op / Wetlands � � NAro Mo� SCALE: 1" = 20' -0" 0 10 20 40 a N m � 0 O• m ° i o a w rn U' 0 ♦ 0 n W 0 ? u U r - - r _ m W = m m wQSQ Q a pp W i 1p U O o m i 3 u X 540 `� TROY A. MEARS U OREGON �w c9 pE AR J Z Z w c H v u ]L d z o W W � uf < ce O U v) 0 J a ~ o Z J O m Q Q = v LL m REVISIONS —QLTL— cNO.K>h SHEET NAME: PLANTING PLAN DRAWN By TAM NECKED BY: TM1 ISSUE DATE: /11 NO.: 11 SHEET: L1 OF 1 Cheryl Caines From: Troy Mears <troym @mearsdesigngroup.com> Sent: Monday, February 07, 2011 1:57 PM To: Ron Bunch Cc: Cheryl Caines Subject: RE: Fanno Crk Trail Boardwalk & Ped Bridge Great, thanks Ron. Please let me know if I need to do anything else. Troy MEARS DESIGN GROUP, LLC I Troy Mears I Principal LANDSCAPE ARCHITECTURE & PLANNING PO Box 23338 1 Portland, Oregon 97281 P 503.601.4516 1 F 503.924.46881 C 971.255.7474 troy m(d-)mearsdesigngroup.com This message contains information that may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy, print, or disclose to anyone the message or any information contained in this message. If you have received this email in error, please advise the sender by reply and delete the message. Thank you. From: Ron Bunch [mailto:ron @tigard- or.gov] Sent: Monday, February 07, 2011 1:51 PM To: Troy Mears Cc: Cheryl Caines Subject: RE: Fanno Crk Trail Boardwalk & Ped Bridge Works for me if it works for Steve. Let's leave the rosa in place! Thanks Ron From: Troy Mears [ mailto :troym @mearsdesigngroup.com] Sent: Monday, February 07, 2011 12:14 PM To: Ron Bunch; Cheryl Caines Subject: Fanno Crk Trail Boardwalk & Ped Bridge Hello Ron and Cheryl, Attached is the revised planting plan that should accommodate the safety and height issues. I replaced the Redosier Dogwood with the Kelsey Redosier Dogwood (3 to 4 ft height). I show just a few Rosa on the south side of the boardwalk just to show some symmetry in the design. There should still be plenty of exposure to views under the boardwalk for safety, but if you would like me to take them out and have all Kelsey Dogwood along the south side let me know and I will revise the plan. Hopefully this will work for all stakeholders. Please let me know if you have any questions or comments. Thank you. Troy MEARS DESIGN GROUP, LLC I Troy Mears I Principal LANDSCAPE ARCHITECTURE & PLANNING PO Box 23338 1 Portland, Oregon 97281 P 503.601.4516 1 F 503.924.4688 1 C 971.255.7474 MEARS DESIGN GROUP, LLC I Troy Mears I Principal LANDSCAPE ARCHITECTURE & PLANNING PO Box 23338 1 Portland, Oregon 97281 P 503.601.4516 1 F 503.924.4688 1 C 971.255.7474 troy m(&-mea rsdesig ng rou p. com This message contains information that may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy, print, or disclose to anyone the message or any information contained in this message. If you have received this email in error, please advise the sender by reply and delete the message. Thank you. DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. 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