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SLR1990-00005POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. w F 1 �,� • "1,,x+'1 C•.,t 3; ' STATE OF OREGON County of Washington City of Tigard depose AFFIDAVIT OP MAILING Pi Lk being first duly sworn/affirm, on oath (Please print) and say: That I am a g's12AlkelbluAA4 :cc for The City of Tigard, Oregon. IpsoO.MMO.WIIMIO That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice/Notice of Exhibit WA") was mailed to each named attached list marked exhibit "B" on the said notice NOTICE OF DECISION as hereto bulletin board on the 1104" day of IA in the United States Mail on the postage prepaid. prepaid. Or &4 444J ILA 441, Prepared Notice/RWAINLIEDILIM5dA4MARIZI Decision) of which is attached (Marked 0 persons at the address shown on the .J2!±2 day of 191D , attached, was posted on an appropriate 192_1A_, and deposited ay 0 •••••■•••■ffillle 000.ubliFibed and sworn/affirm to me on the /7 day of ",,,"41,92. 41441'40. -;1,12:1J-i ...z ? 4': ,''',1'4;—• "t:''''S"'st'lliliott•O','''''''$1' 1-. 4'414 ' t 0 '441!'i ,q 10114V r NOTARY PO IC OF My commission Ekpires: CON Person W • delivered'to POST OFFICE 8badribed and OWOrn/difirM to m� On the J. („ei, 19 90 . ipso ..1) ,d) '0 W4 \ V , ).,1 r V I 4 a 3 P1113.),1) ?*146 * • 4*". *t1600■1.4.0.10 biaTI/111;4tteTt)4 l)ti. day of NOTARY PUBLIC OF OREGON My Commisision Expired: ' CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY BEARINGS OFFICER 1. Concerning Case Number(s): SLR 90=0.0510P 90-0003 2. Name of Owner: Unified Sewera e A.enc Exinkto A- Name of Applicant: Portland General Electric 3. Address 121 SW Salmon Street City Portland State OR Zip 97204 4. Address of Property: Southwest corner of USA Treatment Plant site which is located at the southeastern corner of the intersection of SW Durham Road and SW 85th Avenue. Tax Map and Lot No(s):: 2S1 138 tax lot 600 5. Request: 21_,Aggue9t for Sensitive Landa Review agproval for filling in a 421119riatpd rovide for the construction o eration and maintenance of a substation facility to be insIallag_upon Unified Sewesage icisit.AlicaAernt also requests Conditional Use .4.4.2rcpmq.toAllosticaortnodifiation to the existing conditional uggmkillty. ZONE: 3.4) indutrial Park 6. Action: Approval ac requested X Approval With conditions Denial 7. Notice: , Notice,ws, pukklished in the newspap,r, posted at city gq11, and . • mailed to X The applicant and owner(6) k Owners of record within the required distance X The affected Neighborhood Planning Organization Affected governmental agencies 8. Final Dedision: THO DECISION SHALL BE FINAL ON .JUL 27, 1990. AN APPEAL IS PILED. UNLESS The adopted findings of faCt, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW gall, P.0. Box 2339/, Tigard, Oregon 97223. 9. Appeal: Any party to the dedisioh may appeal this dedidion in accbkdance With 18.32.290(8) and Section 18.32.370 which provides that a written appeal may be filed within 10 dayd after notice is given and sent The appeal may be submitted on city forms and mdst be accompanied by the appeal fee ($315.00) and transcript cost ei (Varies up to a Maximum cf $500.00). he deadline for i1ing dit an appeal. ie 33 ‚?1iti 10, gi:gentionni. if you ..have any .queotbnai please call the cLty of Tigard Planning bepaktmenti 630-4111, • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON In the matter of an application by Portland General Electric ) for a conditional use permit and sensitive lands review for ) the southeastern corner of the intersection of S W Durham ) Road and S.W. 85th Avenue, in the City of Tigard, Oregon ) I. SUMMARY OF THE REQUEST FINAL ORDER CU 90-0003 SLR 90-0005 tt, The applicant requests approval of a Sensitive Lands R.eview (SLR) to place 1,000 cubic yards of fill in a designated floodplain. The applicant also requests a major modification to the existing Conditional Use (CU) permit for the site to allow expansion of an electric substation. The area to be developed is the southern part of the Unified Sewerage Agency Durham Wastewater Treatment Plant which is currently open area The property is located within the 100-year floodplain and is zoned I-P (Industrial Park). Staff recommended conditional approval of both the requests. The applicant accepted proposed conditions, except a condition requiring landscaping along the south and west edges of the substation site. No on else testified. LOCATION: South of S.W. Durham Road and east of S.W. 85th Avenue (WCI'M 2S1 13B tax lot 600) APPLICANT: Portland General Electric PROPERTY OWNER: Unified Sewerage Agency SITE AREA: About 60 acres APPLICABLE LAW: Tigard Community Development Code Chapters 18.68 (r-P zone), 18.84 (Sensitive Lands), 18,100 (Landscaping and Screening), 18,114 (Signs), 18.120 (Site Development Review), 18.130 (Conditional Use) STAFF RECOMMENDATION: Conditionally approve EXAMINER'S DECISION: Conditionally approved IL FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape The Unified Sewerage Agency (USA) parcel contains about 60 acres. The proposal substation will be built in a triangular area near the south end of the USA parcel. The development arta is about 150 feet deep and 70 to 140 feet wide, B. Site location The site is south of the USA treatment plant south of Durham Road and east of SW 85th Avenue, Page 1 Ikaring bfflei decision CU 064063 & SLR 90-6005 (POE Durham Subilatioit) •,'' *"‘', C. Existing uses and structures : 1. The USA parcel currently contains offices, laboratories, maintenance facilities, parking, water treatment facilities, and a substation for the sewer treatment plant. The existing substation is in the south part of the site Access is provided by means of a paved drive through the USA parcel. The substation is enclosed in a chain link fence. There is a relatively small building southwest of the existing substation. 2. The USA facility was sited in 1976. It was annexed to the City in 1978. The Hearings Officer approved a major modification to the facility on August 3, 1988, to expand the facility across 85th Avenue to the west. The Planning Director approved a minor expansion of the existMg treatment plant on March 7, 1989 (CU 89-01). On June 26, 1990, a conditional use permit and variance issued by the Hearings Officer for the USA facility became final, D. Proposed uses and structures : 1. The applicant proposes to expand the existing substation due east Among other thing, this expansion allows PGE to relocate an existing substation from next to the Durham Elementary School to the subject site A preliminar3,7 site plan shows where the substation elements and retaining features will be added. The applicant will enlarge the fenced area of the site to enclose the larger substation, 2 To create more buildable area on the site, the applicant proposes to fill the east edge of the site with 1000 cubic yards of dirt and rock to match the grade of the existing substation, The east edge of the site is in the Tualatin River flood fringe . and adjoins the Burlington Northern Railroad light of way. A fence will be built at the inside edge of the fill. The till area itself will be used to construct a paved path for carts used by USA staff to get around the site. E. Existing and proposed vegetation : The proposed site is grass-covered. The applicant did not propose to landscape the substation site However, City staff recommended landscaping south and west of the site. The applicant objected to that requirement. See the summary of testimony. F. Topography and drainage 1. The development area is within the 100-year flvadplain of the Tualatin River, 2. The property slopes downward from the north to the south toward the Fanno Creek The Fanno Creek runs immediately south of the railroad tracks which border this property. C. Plan designation and whin& The property is designated Public/Institutional on the Comprehensive Plan Map and is zoned FP (Industrial Park), H, Pudic services and utshttes The site cart b served by public sanitary sewer and water and by power and communication utilities. Page 2 . leanings Officer decision CU 90-000.1 & SLR 90-000S (pa Durham Substation) • • 7 I. Streets and access The site has access through the USA facility to SW 85th Avenue. J. Surrounding land uses West of the proposed substation site is a dairy farm and dwelling and proposed ballfields. North of the substation is the USA facility. East and south of the site is the Tualatin River floodplain in the City of Durham. The Burlington Northern Railroad adjoins the southeast edge of the site and the area where fill is proposed mto be placed. Ili. APPLICABLE APPROVAL CRITERIA" & DEVELOPMENT' STANDARDS A. Chapters 18.68 (I -P Zone). 1. Chapter 18.68 contains the regulations of the I••I' zone. A utility use is a conditional use in the i -P zone. 2. Section 18.68.050 regulates dimensional requirements in the 1 -P zone. The section h is . have a minimum average does not require a minimum lot size, however a lot must h width of 50 feet. Maximum site coverage is limited to 75 %, unless specified landscaping requirements are met. Buildings must have a minimum 35 -foot front setback. Corner lots have a minimum setback of 20 feet from any street. There is no side or rear setback requirement except where the I -P zone abuts a residential zoning district. The site does not abut a residential zone. R. Chapter 18.84 (Sensitive Lands Review). .. • review . regulations . nt flood plain to �a measures review. 1 Chapter 18 �� contains �nded tom fine land subject protection and to Sensitive lands review by p g l? p protect rivers, streams, and creeks by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitat, and preserving scenic uali and recreational potential. Section 18.84.015(C) requires Hearings Officer pproval of landform alterations or development in the 100 -year floodplain. 2. Section 18.84.040 provides landform alterations subject to sensitive lands review must comply with the following criteria: a. • zero-foot . � ' shall riot result in any � e function Land form alterations shall .ser fl dance the floodplain storage . and maintenance of the y y arrowing of the floodway boundary; b. Land form . alterations or developments within the 100 -year floodplam shall be allowed onl. in areas designated as conercial or industrial on the comprehensive plan land use map, except p � p pt alterations or developments associated with community recreation uses, utilities, or .... public support facilities as defined in c � uses, .ty Pp PP .. . the Co . . , ,_ . zoning standards , .. . p 18.42 mmuni Development Code shall allowed in areas Cha ter 1 �. of th designated residential subject to applicable g c. a land form ... .. n., water surface �� ... '. . alteration or deve in the wat a elevation of the 100 to ment is where . t to occur WI e floodplain it will not result in any increase year flood; Page 3 IIe[teitigs O cet' decision CU 90 -0003 & SLR 90 -0005 (PGE burisani Substation) +�a d. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearing Officer as untimely;. e. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; E The necessary I.T.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and g. Where land form alterations and/or development are allowed within and adjacent to the 100 -year floodplan, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. Chapter 18.120 (Site Development Review). Chapter 18.120 contains the regulations for site development review, which direct attention to improved � contains approval stand modifications of planning developments J existing developments. 1t Section 18,120,180 contain pepn o a l major for site development review. D. Chapter 18,130 (Conditional Uses). 1 Chapter 18.130 contains the regulations for conditional uses. To approve a 1. Ch use, section 18.1306040 requires the Flemings Officer to find the use complies with the following approval criteria a. The site size and dimensions provide adequate area to accommodate the needs of the proposed use; b. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; c. All required uired public facilities have adequate capacity to serve the proposal; d. The applicable requirements of the zoning district are met except as modified by this chapter; e. The supplementary requirements set forth in Chapter 18.114, Signs, are met; f. The supplementary requirements set forth in Section 18,120.180 are met; . The use will comply with the applicable policies of the comprehensive plan, g p �' ,... Pp p. P. P ,. 1 040(C) authoring .. . hearings , . , . ...p se conditions necess Section to unsure the use is compatible with other sr in the impose it �► tine vicinity, requires .,, _ i lii n i s located, nditional use to comply with the standards the 3. Section 18,130,150 zoning district in which `t CU Hearings 9 decision Officer' 90-0005 ('PGE barhatn Substation) u..� r .,r t o •� I 'tAa. '^ r r,' r r �.: r.'rr 5 r r r M.... ii.: r t ;rr :• y wLt t i D. Chapter 18.100. 1. Chapter 18.100 contains the regulation for landscaping and screening. 2. Section 18.100.030 requires all projects fronting on a public or private street or on a private driveway more than 100 feet in length to plant street trees in accordance with the code, subject to exemption by the Planning Director. 3. Section 18.100.080 specifies a row of deciduous and evergreen trees should create a buffer /screen. G. Applicable Comprehensive Plan Policies. L Policy 2.1.1 provides the City will assure citizens will be provided an opportunity to be involved in all phases of the planning process, 2. Policy 3.2.1 provides that the City will prohibit any development within the 100- year flood plain that would result in any rise in elevation of the 100 -year floodplain. 3. Policy 3.2.,2 provides that the City prohibit development in the floodway but may allow development in the floodway if the alteration preserves or enhances the function and maintenance of the zero -foot rise floodway; Policy 12.1 also provides that the City baay allow limited specified development in the floodplain outside the zero -foot rise floodway. 4. Policy 3.2.3 provides that development is within the 100 -year floodplain outside the zero -foot rise floodway is conditioned upon specified requirements. 5, Policy provides Tualatin' River asenwa, that the City has designated 100 -year flood plains of the greenway and that development within the 100 -year floodplain shat be conditioned upon the dedication of sufficient open land area for greenway within 1 the Po p g Y floodplain. 6 Policy 7.1.1 provides that the City shall work to provide urban services in a rational manner in accordance with the Comprehensive Plan. 7. Policy 7.1.2 provides the Ci ty will ll requ require as a condition of development approval that public storm drainage will be provided and designed to City standards and utilities placed underground, y 7 niter land use lannin shall be coordinated with $.+ Policy j7� .1 provides that community p g private utility agencies to assure the availability of services when needed. 11r, HEARING, TESTIMONY, AND NPO & AGENCY COMMENTS A. Hear"itig. examiner .s application 1990.�A record The of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings),, and Exhibit C (written Testimony). These exhibits are flied at the Tigard City ball. G`U licarstigs 9a -0 ��SLROffice� decisidii 90 -0005 (POE DW ha Z Sabstat oti) ,s' ' ' t .+. ‘, • , - B. Summary of Testimony. 1. Jerry Offer testified for the City and summarized the staff report and recommendation. The staff had recoin proval subject to conditions which included a row of 5-foot trees along e south and west property lines. Mr. Offer noted that the applicant had failed to submit an adequate landscaping plan. He specially noted the comments of the Engineering and the Building Divisions. Mr. Offer stated that access to the sampling point for the waste water treatment plant will be blocked by the proposed expansion of the substation. In response to PGE's objections to the screening for the west and south faces of the site, Mr. Offer contended that the existing substation should have been landscaped when it was built. He explained that screening was a typical requirement especially when a use adjoins residential and park property. He suggested that a sight-obscuring fence might be a satisfactory alternative to the landscaped screen. 2, Bruce Carroll, representing POE, disagreed with the staff recommendation to landscape the south and west sides of the new substation, because most new development will be to the east of the existing substation, rather than west of the substation, and there is not room within PGE's leasehold to provide landscaping. Moreover landscaping south of the fence would block USA access to their property. 3. William Lawson, representing PGE, also opposed landscaping west and south of the PGE area. He said the PGE site is limited and does not allow mom for landscaping. He noted USA and PGE can agree about improvements within 12 feet of the existing fence, Plantings outside of this area would require the approval of the Unified Sewerage Agency. Foiowing Mr. Offer's rebuttal, he amended his opinion and suggested that additional landscaping might be possible immediately west of the substation fence on the east side of the realigned driveway, but continued to object to landscaping south of the substation because it would obstruct USA access. C. NPO & Agency Comments 1, The Engineering Department recommends approval of the sensitive land review, because the proposed development is not expected to increase the floodplain elevation because it is within a fringe area designated as 'flooded area from inadequate drainage.' 2, The Building Division notes that the proposed fill will require a rid permit, V. EVALUATION OF REQTJEST A. Compliance with Chapter 18,68 (I-P zone). The proposed use complies with Chapter 18.68, because it is listed as a permitted conditional use in the 1-P zone, B. Compliance with Chapter 18.84 (Sensitive Lands Review). The proposed use complies with Chapter 18,84, becauset a, The use is listed as a permitted use in area subject to sensitive lands review, Page 6- hearings Offieer decision CU 904003 & SLR 90-000S (PGE Dian Sabstaiion) t.•1 • ' • f' . , ' ° , ; • • • • b. Substation structures can be floodproofed and designed to minimize the potential for flood damage. .. that the Building Division that detailed constructions submitted by the applicant licant incorporate the concludes p y PP specific flood - protection measures of Section 18.84.026 before a building permit is issued for any structures. c. The proposed development will not increase the 100 -year flood level, because the site will not be filled with imported material or graded to obstruct flood flows or narrow the floodway boundary, and it is located outside of the floodway. Proposed fences will allows water to pass through it, Proposed structures are extremely small relative to the size of the site. d. A pedestrian/bicycle pathway is not timely, because the Pedestrian/Bicycle Pathway Plan does not identify the subject site as the location of a planned path segment. e: The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. f. Dedication of open space is not warranted or timely, because the park plan does not provide for open space on or adjoining the site. C. Compliance with Chapter 18.130 (Conditional Uses). 1. The site provides adequate area to accommodate the needs of the proposed use, because it is large enough to accommodate the substation, a fence around the substation, and landscaping or other treatment sufficient to obscure views of the site 2, The site is suitable for the proposed use, because it is relatively level and is adjacent to the existing substation and other public utilities. 3: The site can be served by pubic water and sanitation systems. 4. The : i zone regulations, because it is permitted as a conditional use and all dimensional the requirements are met. 5. No signs are proposed: If signs are planned, they must comply with Section 18.114 of the Community Development 6. The expanded substation does not comply uppl sm ena . uirem en. ts set forth in Section 18,120.180, because or is Screenin g or landscaping is warrant ed along the west edge of the itebecause it adjoins a residential use. There is for a parrs substation. A condition is warrant. j landscape buffer between the existing fence and the driveway to th condition along the south requiring such xtstxng substation � Screening : : .,. there Screenin or landscaping g uch a buffer g p g is warranted al i substation from recreational lands to the ' the substa southwest. If US edge of the site too obscure views o .. gr P south of the stibstation, then it should be done to the extent practicable. If landscaping would obstruct access to the area south include refuses to agree to allow landscaping there, then the fence of the substation and USA, refus should i slats suffficient to obscure views of the site. 7.. The proposal complies with the applicable comprehensive plan policies, based on finding V.E below. CU 90-0003 `c SL� Hearings �d�cer!; decision 90.0005 (PGE Dtithani Substation) MOVERNMEDIVEMENIZEW D. Compliance with Chapter 18.100 (Landscaping & Screening). The proposed use does not comply with Chapter 18.110, because it does not pawk!e for landscaping and buffering. Therefore, a condition is warranted requiring landscaping and buffering consistent with finding V.C.6 above. E. Compliance with applicable Comprehensive Plan Policies. 1. The proposal complies with Policy 2.1.1, because notice of the application or hearing was provided to the neighborhood planning organization in the area and to owners of property in the vicinity of the site and published in the Tigard Times. The concerns raised by the NPO and neighbors have been considered in reaching this decision. 3.2.1, 3.2.2, 2. The proposal complies with Policies 3. and 3.2.3, because the proposed landform modification is outside of the floodvray, does not use imported fill or result in substantial obstructions to flood water, and will not result in an increase in the elevation of the 100 -year flood. 3. The proposal complies with Policy 7.1.1, because the facility provides a necessary urban service - -- electric power. 4. The proposal complies with Policy 7.1.2, because the floodplain is protected by complying the sensitive lands review and conditions of approval. 5. 'The proposal complies with Policy 7.7.1 because the request for an expanded substation s necessary to meet the growing electrical the City, VI: SITE VISIT BY HEARINGS OFFICER The Hearings Officer visited the site and area that could be affected by the proposed change, without the company of others. VII: CONCLUSION AND DECISION proposed ` or a conditional use rtnit and sensitive. lands comply The examiner concludes that theca osed use and associated landform alterations m ply with the applicable approval cwt � findings � . public testimony andhibits received g agencies and ub In recognition of the nd c n l a conclusions contained herein, and inco ratan the , Summary and. other reports of affected g p Y in this matter, the examiner hereby approves CUP 90 -0003 and SLR 90 -0005, subject to the following conditions: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF A FILL PE M1Tt obtain a permit Clean Water Act and ORS and 1 shall obt � pe " from the U.S: Army Corps Engineers Division of State Lands pursuant to Section 404 of the C W 541: A Copy of the permit shall be provided ty Engineering , . . : 605 to 641,69: , contact: Greg Berry, Engineering tt�i Division by the applicant, (Staff conta g rry, Division, 639- 4171): Page 8 - earui s Officer' decision CU 90 -0003 & SLR 90-0005 PGZ Durham Stdbslatlor f 2. The applicant shall obtain a fill permit from the city. An erosion contl plan conforming to "Erosion Control Plans - Technical Guidance Handbook, November 1989," shall be submitted as part of the fill permit application. (Staff contact: Brad Roast, Building Division, 6394171). THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO OBTA NING A BUILDING PERMIT: 3. The applicant shall submit a landscape plan showing screening along the west and south edges of the substation portion of the site. Minimum 5 -foot tall evergreen trees shall be planted between the substation and the driveway serving the substation. Minimum 5 -foot tall evergreen trees shall be planted south of the substation to the extent approved by USA. To the extent USA refuses to allow landscaping south of the substation, the applicant shall install slats or similar sight obscuring features in or adjoining the fence south, of the substation. (Staff contact Vi Goodwin, Planning. Division, 639-4171). THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO OCCUPANCY: 4. All landscaping materials shall be installed in accordance with an approved : landscaping plan prior t® occupancy or a cash oeposAt, letter of credit, or other performance assurance shall be provided by the applicant. (Staff contact: Vi Goodwin, Planning Division, 639 -4171) Page 9 hearings Officer cer d'ed.d on CU 90 -0003 & SLR 90-0tki5 (POE D drharn Substation) w 6. m8 to 4120 21 bnAnr n6 $401,0b tUTtnbt-OntiVdtt- . S.01I`SCO-OTIOO 4":"."4" SLR 90 -4005 /CUP 90-0003 DURHAM SUBSTATION PORTLAND GENERAL ELECTRYC WES WALDRON 121 SW SALMON ST PORTLAND, OR 97204 UNIFIED SEWERAGE AGENCY 16580 SW 85TH AVE TIGARD, OR 97224 i 41p4.7 i28es 2M 93'2L CL mary z rEMErrX 1e i CBE a I X e SI S2TTSCC -o '21oo iY i,n' oe. 7: i87 ':0':Ati.Yii,V.1v1eWf•-,n,14,4-0 T2aST 2A O '21 cs I mf I D1�L^1aID^e \c sSTJ scc- 0ezrnO e w eaki iatt.44 `fJ r F� . 6 4 4 4 4 4 d o r• •4 •• xleyvo 72aeS eM 812G C H P1S14E " CONDO M le e o ors asss3 IICVND boyeE i AV y E WID Dry a � �0T�00 mama) aSso HEMIMO CorrIn CHYNFE2 M ; i aro ' i B2Li6 xddd I s2TTS SSI L ok. •SSS asSs 0T40O s 44.'44 a4 . Ixd oir a SS3 T0T82 RA A /HM Znutilircv 41.OXCE G Corr x e i bRy'1.srES A VMD bc`OTSt 4 4 4 4 4 4 6 1 4 4 p i s 4i w 444 AlailYMPLOMMI STATE OP OREGON County of Washington City of Tigard I, f depose AFFIDAVIT OF MAILING an. being first duly sworn/affirm, on oath and say: (Please print) That I am a VACA.,_&41-1/8 for The City of Tigard, Oregon. agmaa181.40107.M• That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission t.../--Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice/Notice of Decision) of which is attached (Marked Exhibit "A") was mailed to each named persons at the address shown oR_the attached list marked exhibit "8" on the .Lt day of 4...30-0,4_ 19-1° said notice NOTICE OF DECISION as hereto attached, was posted on an appropriate bulletin board on the day of 19 ; and deposited in the United States Mail on the 15"- day of postage prepaid. ...' PtePajced"'N°k411e/wmwowSPetrg■V■121:211:71315§IIIIKII:grAZZdt 4 ,,,n,.t.., 00.'4' t,Vit,'7.41•• '4, • 'ti r;4, .',, Sub 'bribed to me on the — ;in Howorn a irm '49' "..: ...... !,, . t::. • . ''',, .:., y ... ... ,. .. . '' ".44416°° I „;1, - :42 P9 son who delivered to POST OFFICE day of NOTAR *UBLIC OF OREGON My C ission EXpirestina, j A Subscribed and sworn/affirm to me on the day of 19. ,1 g 4. 4 C NOTARY PUBLIC OF OREGON My Commission Ekpires: Iv NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON THURSDAY, Daly_1992., AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD mac CENTER, 13125 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: SLR 90-0005/CUP 90-0003 NPO # 5 FILE TITLE y Durham Substation APPLICANT: Portland General Electric Wes Waldron 121 SW Salmon St. Portland, OR 97204 OWNER: Unified Sewerage Agency 16580 SW 85th Ave. Tigard, OR 97224 REQUEST: SENSITIVE LANDS SLR 90-0005 CONDITIONAL USE CUP 90-0003 DURHAM SUBSTATION NPO #5 A request for Sensitive Lands Review approval for filling in a designated floodplain (approximately 2000 cubic yards) to provide for the construction, operation and maintenance of a substation facility to be inOtalled upon Unified Sewerage Agency's property. Applicant also request Conditional Use approval to allow for a major modification to the existing conditional use utility. ZONE: I -P (Industrial Park) LOCATION: Southwest corner of USA Treatment Plant site which is located at the southeastern corner of the intersection of SW Durham Road and SW 85th Avenue. (See Map On Reverse Side) THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE Rums OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ANY PERSONS HAVING INTEREST IN THIS MATTER MAY ATTEND AND BE HEARD; OR TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER PRECLUDES AN APPEAL,' AND FAILURE TO SPECIFY THE CRITERION FORM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL BASED ON THAT CRITERION. FOR FURTHER INFORMATION TIGARD CITY HALL, 13125 ORGANIZATION (NPO) # 5 CHAIRPERSON: Craig Ho ki bkm/SLR90-05.BKM PLEASE CONTACT THE PLANNING btpAtttAtNt AT 639-41714 SW HALL BLVD., OR CONTACT YOUR NEIGHBORHOOD PLANNINd ‘.; �t �n ...:�'y.5 o•r. � °�'} tt.�.�, ;�f) 1nn:y, .�:�q.�1�... �. is et. Ni��iy�:rV�'$fi. i�t, tiK �e��,_�.;�,�( M.p �,.� ! .F��.� .� �`R. 'ci S.W. PATTI LW. 2S112CC -05600 •r. .................' FROME, DENNIS B ! KATHLEEN R 8154 SW BOND TIGARD OR 97223 2S112CC -05800 •..••s...••.....•.•.• EXCUTEN, +TERRY J 15932 SW 81ST CT TIGARD OR 97224 2S112CC -06100 KENNEDY, RERSE C & RUTH U 15943 SW 81ST CT TIGARD OR 97224 2S112CC- 05300 noe�.e.eee�ro•s...... JONES, TERRY N & CRY K 15889 SW 81ST CT TIGARD OR 97224 25113130- 00500 1400RE, DONALD LESLIE JOAN K 8170 SW DURHAM RD TIGARD OR 97224 2S111DD- 00201 PIACENTINI, JOHN /LOUISE 119 2540 NE RIVERSIDE 6D Y , PORTLAND OR ,97211 2S111AD- 10300 IiOAG, KATHLEEN 8565 SW STRATFORD TIGARD OR 97223 2S111DD -10500 ANDERSON, JON S /WENDY N 8570 SW STRATFORD CT OR 97223 TIGARD 2S113CB -07 .700 .. 4. s i e e.. • • .. • . e e e DURHAM, CITY OF PO IIOX 23483 TIGARA OR 97223 PORTLAND, , CI'rECTRtd 2S112CC -05700 4444444444.444444. HORVAT, ROBERT J .JR /RUTH 15910 SW 81ST CT TIGARD OR 97224 2S112CC -06000 ee WATTS, RONALD DEAN /JANE ANN 15976 SW 81ST CT TIGARD OR 97224 2S112CC -06200 we. PNHAN, DAVID S/CHERYL F 15921 SW 81ST CT TIGARD OR 97224 2511380 -00400 CASTILE, JAMES W & AUDREY 9565 SW INEZ TIGARD OR 97062 251.13130 -02200 EMERY, RICHIARD AND ROSEMARIE NELSON, ARTHUR C X355 LEISURE LANE DUN WOODY 6 30338 2S111DD -10200 o WARD' VERLA JANE 8 185 SW STRATFORD CT TIGARD OR 97223 i•• e 0 i 0 2 i1iiDN °10400 opoi4eoi..i.ole4O4 ieeY FuLC11EIt, Join E /SANDRA L S666 60 STRATFORD CT TIGARD OR 97224 2S111DD -12300 JOHNSON, RANDALL W & Dom, KIST 8514 SW AVON TIGARD OR 97224 2S113BD -00200 .re.eeeeoe.o•.de�.e BARTiettti E h VIROIk „,. 3A 26575 SW` UPR DOONES FY Ate °3•IGARA OR 97224 {I. •4':: � t. ;,a �. ., �t I -.. r ,: K J Jr Ii.' ;., t .c ' +• 6t ':`�:�'a,.h "�,t :jiy � -�,. .�.aE <:.. .; S.. f... v.. ,. tr,t,} ... f >. ,r l., .... ....,t,_ ..`ji•:..•. 2S114A0 -00100 ....•• ............... SCHOOL DISTRICT 23J 13137 SW PACIFIC HWY TIGARD OR 97223 2S114A0- -01100 • • WBXTTAKER /DURHAM -HALL PARTNERS 50 AIRPORT PARKWAY SAN JOSE CA 95110 2S114A0- 01101 e...q....e.e•......e. UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY 150 N FIRST ST HILLSBORO OR 97123 25114A0- 01103 UNIFIED SEWERAGE AGENCY OR WASHINGTON COUNTY 150 N FIRST ST HILLSBORO OR 97123 2S114A0- 01104 COL IA CABLE OF OREGON ACCOUNTS PAYABLE 14200 SW HRIGADOON CT BE,AVERTON OR 97005 25114A0- 01200 •o•.••••reeb••o.s.• UNIFIED SEWERAGE AGENCY 150 N 1ST HILLSBORO OR 97123 28114A0 -01300 .e... m.e.........e.. THOMAS, JOHN A3 SALLY P 16575 SW 85TH AVE TIGARD .OR 972:.% 25114A0 -01302 THOMAS, JOHN MURRAY AND SALLY PATRICIA 16575 SW 85TH AVE TIGARD OR 97223 2S113BA -00300 .r...ee .............. DURKEE, RALPH D MARY HELEN 7910 BW otinuatt RD TIGARD OR 97223 25113BA- 00400 .....e.•.e...e.e.. BAIu4SACH,t HAROLD AND I LD D 7 735 SW DURHAM RD TIGARD OR 97223 2S113BA -00500 PORTLAND GENERAL ELECTRIC C 121 SW SALMON ST PORTLAND OR 97204 , 2511200 -01300 +eoeee.ee•e.ee. ee..e ADDINGTON, VALERIA G 8465 SW DURHAM RD TIGARD OR 97224 2S112CC -01 gyp 0 50 .•��e.bee�e'.r�.wru�. NELSON, RICHARD A & CONSTANCE L JOHNSON, TODD S & 7 J ULIE .. 16143 SW 146TH TIGARD OR 97223 25112 0120+0 COLLING, CHARLES W AND JOYCE C 10185 SW VIEW TERRACE , TIGARD OR 97223 2S112CC- 014013 TAYLOR, BERNIECE I NOW HAYMAN COLL/NG, CHARLES W 9720 SW FREWING TIGARD OR 97223 2S112CC -01700 ......e••....e. POAGE, WAYNE R AND BLANCH H 8255 SW DURHAM RD TXGARD OR 97224 2S112CC -01800 WAYb1XRE, MELVIN G JR 10845 SW DOVER CT TIGARD` "e +iese. e OR 97224 2S112CC -0180 1 e« e• Me s Oii• .e e. ee e e ilie • BOWE+N, RICHARD L AND TERESA PO BOX 94 TUALATIN OR 97062 251.1200 -01804 .,..::b.�. R.,,. T1.`; 0OFtD0N W & MF:LrSsA J 15981 SW 81ST C`T TIGARD OR 97223' 2511200 -o5'O0 :.e r.. .. .e:e e• re CARLSOU, FiXCHAEL 'b... & JULIE,l • 15954 SW 81ST C7C T7EG,ARD OR 97,7.24 PORTLAND GENERAL 'ELECTRIC WES WALDRON 121 SW SALMON ST PORTLAND, OR 97204 UNIFIED SEWERAGE AGENCY 16580 SW 85TH AVE TIGARD, OR 97224 CRAIG HOPKINS 7430 SW VARNS ST TIGARD, OR 97228 ;*". :41. ,;"4,-• ;V!■,* a Ht STATE OF OREGON County of Washington City Of Tigard AFFIDAVIT OF MAILING eery I, UAeety- Vl._ , being first duly sworn /affirm, on oath depose and say: (Please print) That I am a : G: ,• -kr . _ for The City of Tigard, Oregon. V That I served NOTICE OF PUBLIC HEARINr FOR: That I served NOTICE OF DECISION FOR: City Of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice /Notice of Exhibit "A ") was mailed to each named attached list marked exhibit "B" on the said notice NOTICE OF DECISION as hereto bulletin board on the day of in the United States Mail on the postage prepaid. Decision) of which is attached (Marked per one at the address shown on the 2-165/4-- day of 19a e attached, was posted o an appropriate 19__,_x_, and deposited day of • , 19�' __:... Prepared Notice/Pos 4001 e'd, bed and sworn/affirm to me on the r ;11,11T1 141 x'41 us ,P1 13r a 607 isi0 , . rye ay of e Air ARY PUBLI 4in, A n • • '�► F My Commission Expire erson who delivered to POST OFFICE and sworn /af f iron to me on the h 0 ar !� a°r Sa'�� ., i oer., isJY q 9 kvidn °" x f $ kiii4 04% t440 " w1t�trlllt bkm /AFFIDAV. a OTARY PUHti 01; P' My Commidaion Expi NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON THURSDAY, 24Lay..24 1990, AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE No: SLR 90-0005/CUP 90-0003 NPO # 5 APPLICANT: Portland General Electric Wes Waldron 121 SW Salmon St. Portland, OR 97204 OWNER: Unified Sewerage Agency 16580 SW 85th Ave. Tigard, OR 97224 REQUEST: SENSITIVE LANDS SLR 90-0005 CONDITIONAL USE CUP 90-0003 DURHAM SUBSTATION NPO #5 A request for Sensitive Lands Review approval for filling in a designated floodplain (approximately 2000 cubic yards) to provide for the construction, operation and Maintenance of a substation facility to be installed upon Unified Sewerage Agendyie ptOpetty. Applicant also request Conditional Use approval to allow for a major modification to the existing conditional use utility. ZONE: /4 (industrial Park) LOCATION : Southwest corner of USA treatment Plant site which is located at the southeastern corner of the intersection of SW Durham Road and SW 85th A venue, (See Map On Reverse Side) THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE W/TH THE RULES OF CHAPTER 18132 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ANY PERSONS HAVING INTEREST IN THIS MATTER MAY ATTEND AND BE HEARD, OR TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FORM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL BASED ON THAT CRITERION. FOR FURTHER INFORMATION TIGARD C/TY HALL, 13125 OROP,NIZATION (NPO) # 5 CHAIaPERSON: Craig Hopki bkm/SLR90-O5 .BKM PLEASE CONTACT THE PLANNING DEPARTMENT AT 639-4171, SW HALL BLVD., OR CONTACT YOUR NEDIHBORHOOD PLANNING PHONE NUMBER: 639-5823 -__-_-- � N �i ry1 �j �. , i F ` 5 i , . ,�, a .r ,� �' "iF yt ',4t4 � ...�.a.,Yi f ,,. jg r .d -�: ,Y, .. 1�.;�.; iy.r � .t+ . rx. - -•. IMIN11111111111 cam-1 2S112CC -05600 ••• eowd •ws •» FROME, DENNIS 8 & KATHLEEN R. 8154 SW BOND TIGARD OR 97223 2S112CC- 05700 ...••.•...r•e.. HORVAT, ROBERT J JR /RUTH 15910 SW 81ST CT TIGARD OR 97224 2S112CC -05800 ................ EICHTEN, JERRY J 15932 SW 81ST CT TIGARD OR 97224 ew..e 2S112CC -06000 •bmo•e•••o..eio».eewi WATTS, RONALD DEAN /JANE ANN 15976 SW 81ST CT TIGARD OR 97224 2S112CC- 06100 ..., KENNEDY, REESE C & RUTH U 15943 SW 81ST CT TIGARD OR 97224 2S112CC -06200 e.e.r ................ INMAN, DAVID S /CHERYL F 15921 SW 81ST CT TIGARD OR 97224 2S112CC- x06300 JONES, TERRY W 6s MARY K 15889 SW 81ST CT TIGARD OR 97224 2811380 -00400 CASTILE, JAMES W & AUDREY 9565 SW INEZ TIGARD OR 97062 2511380- -00500 ••»srs..••• ee.•e,.•• MOORE, DONALD LESLIE JOAN K 8170 SW DURHAM RD TIGARD OR 97224 2811380.02200 ,s..:••..u•o•.•a.. CRY, RICHARD AND ROSEMARI' E NELSON, ARTHUR C 2355 LEISURE LANE DUNWOODY GA 30338 2S111DD -00201 PIACENTINI., JOHN/LOUISE #19 2540 NE RIVERSIDE WAY PORTLAND OR 97211 WARD, VERLA JANE 8585 SW STRATFORD CT TIGARD OR 97223 2S111DD -10300 HOAG, KATHLEEN 8565 SW STRATFORD TIGARD OR 97223 2S111DD -10400 •..e's..e., FULCHER, JOHN M /SANDRA L 8550 SW STRATFORD CT TIGARD OR 97224 281IIDD -10500 •. .: :. a ANDERSON, ETON S /WENDY M 8570 SW STRATFORD CT TIGARD OR 97223 2Si11DD -1230q •o..e..eie.•.i.ii JOHNSON, kANDALi; W & HURD, ieRxST 8514 sW AVON TIGARD OR 97224 2S1 13C8 -07700 DURHAM; Cxtt OF PO BOi 23483 TIGARD OR 97223 2S113BD -00200 BARTLETT, R A VIRGINIA 16575 SW DDIOR BOONES FY RD TIGARD OR 97224 7224 2S114A0 -00100 SCHOOL DISTRICT 23J 13137 SW PACIFIC HWY TIGARD OR 97223 2S114A0 -01101 ... UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY 150 N FIRST ST HILLSBORO OR 97123 2S114A0 -01104 •o..•.••.••.....•.... COLUMBIA CABLE OF OREGON , ACCOUNTS PAYABLE 14200 SW BRXGADOON CT BEAVERTON OR 97005 2S114A0- 01300 THOMAS, JOHN M SALLY P 16575 SW 85TH AVE TIGARD OR 97223 2S113BA -00300 ............... DURKEE, RALPH D MARY HELEN 7910 SW DURHAM RD TIGARD OR 97223 2S1138A- 00500 PORTLAND GENERAL ELECTRIC C 121 SW SALMON ST PORTLAND OR 97204 2S112CC- 01300 ADDINGTON, VALERIA G 8465 SW DURHAM RD TIGARD OR 97224 2S ... NELSON, RICHARD A & CONSTANCE L JOHNSON, TODD S & JULIE A 16143 SW 146TH TIGARD OR 97223 25112CC -01800 ...s..•.........i.e WAYMIRE, MELVIN G JR 10845 SW DOVER CT TIGARD OR 97224 281120c- 01804 BARRST, GORDON• W Sr MELISSA +J 15987 SW 81ST CT • TIGARD OR 97223. • 2S114A0 -01100 ... .............. WHITTAKER/DURHAM—HALL PARTNERS 50 AIRPORT PARKWAY SAN JOSE CA 95110 25114A0 -01103 UNIFIED SEWERAGE AGENCY OR WASHINGTON COUNTY 150 N FIRST ST HILLSBORO OR 97123 28114A0 -01200 •••.... ♦•........•. UNIFXED SEWERAGE AGENCY 150 N 1ST HILLSBORO OR 97123 2S114A0- -01302 e..••.....•.... ©..... THOMAS, JOHN MURRAY AND SALLY PATRICIA 16575 SW 85TH AVE TIGARD 2S1131BA 00400 OR 9fi�23 HMWACH, HAROLD AND MILDRED 7735 SW DURHAM RD TIGARD OR 97223 J i . 2S112CC °01200 .i..`......s.•... ... .. COLLING, CHARLES W AND JOYCE C 10185 SW VIEW TERRACE TIGARD OR 97223 28112CC -01400 0......•.,.s TAYLOR, BERNIECE I NOW HAYMAN % COLLXNG, CHARLES W 9720 SW FREWING TIGARD OR 97223 2S112CC -01700 ......00. ..•ii...... POAGE, WAYNE E AND si NCE kit 8255 SW DURHAM RD TIGAttD OR 91224 2S112CC- -01801 iii : .iw‘i ∎r BOWEN, RICHARD L AND TERESA PO Boit 94 TUALA'PN OR 97062 2s1i2CC -05900 ii.... ...:. CARLSON, Mxci3A.EIr D & JULIE M 15954 SW 81ST CT TIGARD 'OR 97224 • ..'.�,x. • PORTLAND GENERAL 'ELECTRIC WES WALDRON 121 SW SALMON .ST PORTLAND, OR 97204 UNIFIED SEWERAGE AGENCY 16580 SW 85TH AVE TIGARD, OR 97224 CRAIG HOPKINS 7430 SW YARNS ST TIGARD, OR 97223 F ` 1GA REG ENSZTZ'VE LANi�v APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 1. GENERAL INFORMATION PROPERTY ADDRESS/LOCATION Abt SW e 5 th Ave. . Tigard TAX MAP AND TAX LOT NO._ jai Tax Lot 600 SITE SIZE 200 ° x10' variable' PROPERTY OWNER /DEED HOLDER *Unified Sewerage Agency ADDRESS 16580 SW 85th PHONE 620-3383 CITY Tigard,. _0x:euon_ ZIP 97224 APPLICANT* Po tland General Electric Co ADDRESS 121 ,SW Salmon St.3WTC- ZONE ..__464 -8126 CITY Portland, Oregon ZIP 97204 kWhen the'owner and the applicant are different people, the applicant crust be the purchaser of record possession with written authorization from the sowner or an agent of the owner with written authorization. The owners) must sign this submits written authorization with thiseapplication. x pplication in the Spade rovided on . . 2. 'PROPOSAL 80MMARY The owners of record Of the subject property request a Sensitive Lands Permit to allow . i� ��t.h��. :: r:i��.� 7.,,, ., rr ti 15 �•` +,. �r . +fli �,r FOR STAFF USE ONLY CASE NO. 22 40 -05-/Celt cQ -o3 OTHER CASE NO'S: RECEIPT NO 'b -' ZOO g 1 O APPLICATION ACCEPTED BY: DATE: Application elements submitted: fr Z Application form (1) B) Owner's signature /written authorization (C )- 3t e-tran C= - .inntzu Assessor's map (1) plan (pre (E) Plot �( re a pp checklist) L 1 (F) Applicant °s statement (pre -app checklist) d -r aem te) H) Filing fee (1 'r ) 520.00 364 go 1Grh d 4,444, 4i01) dt DATE DE a/ DETERMINED TO BE COMPLETE: G1i; two, FINAL DECISION DEADLINE OZONE DE COMP-- P ►. ='4) GNA 10 14: : NP.O Number.:' Approval: Date: Final. Approval Date P a dng )523 ' /13P t'en'd 5/87 Engineering . .6619. 6666. } r. 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: Sensitive Lands Rezigat '4 Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this applications S. THE APPLICANT(S), SHALL CERTIFY THAT: A. The above re uest does, not violate an deed restrictions that ma be attached to or imposed _upon the subject property, B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval* C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants -so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D. 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. DATED this day o SIGNATURES of each owner (eg. husband and wife) of the subject property. . (KSL:pm /0737P) �.s EIL1 ' ,".04 ••", ■,„t ; 17-1-f,44,,e-,ipcAtttv, 2S114A0-00100 Au. SCHOOL DISTRICT 23J 13137 SW PACIFIC HWY TIGARD OR 97223 28114A0-01101 . ......... ....... UNIFIED SEWERAGE CIENCY OF WASHINGTON .f.*UNTY 150 N FIRS ST HILLS 28114A0=01104 OR 97123 COLUMBIA CABLE OF OREGON ACCOUNTS PAYABLE 14200 SW BRIGADOON CT BEAVERTON OR 97005 2S114A0-.01300 . .. .. ....... THOMAS, JOHN N SALLY P 16575 SW 85TH AVE TIGARD OR 97223 2S114A0-01302 THOMAS, JOHN MURRAY AND SALLY PATRWIA 16575 SW 85TH AVE TIGARD OR 97223 HAMBACH, HAROLD AND MILDRED 7735 SW DURHAM RD TIGARD OR 97223 2S113BA-00500 ..................... PORTLAND GENERAL ELEcTRit 121 SW SALMON ST PORTLAND OR 97204 2611.2dC -01200 COLLING, CHARLES W AND JOYCE 0 10185 SW VIEW TERRACE TIGARD OR 97223 2511200-01400 ..................... TAYLOR, BERNIECV I NOW HAYMAN % COLLING, CHARLES W 9720 SW FREWING TIGARD OR 97223 2S11200-=01600 NELSON, hichAttio A & doOSTAitct L JOHNSON, TODD s xt A 16143 SW 146 TXGRD OR 97223 2S114A0-0110 .. 011,i6C11066111• WHITTAKER/DURHAM-HALL PARTNERS 50 AIRPORT PARKWAY SAN JOSE CA 95110 25114A0-01103 UNIFIED SEWERAGE AppscY OR WASHINGTON «40UNtY* 150 N FIRS HILLS OR 97123 2S114A0-01200 ......... .. .......... UNIFIED SEWERAGE AGENCY 150 N 1ST - HILLSBORO 219114A0-01301 OR 97123 UNIFIED SEWERAGE GBNCY 150 N 1ST AVE HILLSBORO OR 97123 25113BA-00300 ... . . . . DURKEE, RALPH D MARY HELEN 7910 SW DURHAM RD TIGARD OR 97223 26113M-00401 •sp.o.00siiiOaiii.oso. TIGARD SCHOOL DIs ICT NO 23J 13157 SW CIVIC HWY TIGARIV OR 97223 281138A-00600 UNIFIED SEWERAGE AGE CY 150 N FIRST HILLSBORO OR 97123 2311200-01300 .4.44...44.46..eileoi. ADDINGTON, VALERIA 8465 SW DURHAM RD TIGARD OR 97224 NELSON, RICHARD A & CONSTANCE L JOHNSON, TODD S & JULIE A 16143 SW 146TH TIGARD OR 97223 POAGE, WAYNE E AND BLANCH k 8255 sW bditS,/tk RD TIGARD OR 97224 — tZZ1.6 u0 au�1Ois au mvamaa MS SSZO s aDVO4 R �N�1'IflI am BN�e`M w+ s.y EZZL6 110 auvem SISK Ms EPt9T V Briar e S UCIOEL ' N0smao ' NONVISNOO a V ONVSOIN °iNO81SN . ..•0M••..e•..!•O••. OOSTO..00Zt SZ 11irZZL6 U0 COIL QU Hvil44a Ms 99►8 0 VI, 2i8r vAp °1l!IO�'�O�r %1Iaav ••.••..P•.•.• *•0••0.. OOEtO-•aaztt 74, EZTL6 110 c3IOB9 �SZ3Id ,8 !; APN1Dt asvumas 0 !L1= . ...o......••o..••...•w'0O900 -ya ttBa 0 • EZZL6 110 auvsaa ZMN OIAIOVd MS LSt£T 'rsZ ON xpraxsla ' 001139 aavoxx .................. t0P00 -VBE 4tB4. 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O • • • • • . • e e O • • • • • • • 60t 1.00 Z1'ttB EZZL6 110 mew, 2 M11 =AIM MS LEtEI 1EZ &3ZUBI0 100SOS 00t00-'0U ttBZ • • • 0 0000. 0 .•.a:6n.5 , ' f • ; IY 171 i /.`A ,.i!'•. dINIS D I I , ,... +,, •b•,'a �.a ti T, ti %1. 7' �c . '� ..Y..; .x,�, ,,r, � .1' {:, .,C +., MI., .._ AIIPASIMMOMMIKINIMIUMNPASNIEICOGISNIMMINIORAiltaSpb 2S112CC-01800 . . . WAYMIRE, MELVIN G JR 10845 SW DOVER CT TIGARD OR 97224 28112M-01804 ..................... BARRETT, GORDON W & MELISSA J 15987 SW 81ST CT TIGARD OR 97223' 20,12CC‘.05500 PROMS, DENNIS B & KATHLEEN R 8154 SW BOND TIGARD 2511200-05800 EICHTEN, JERRY J 15932 SW 81ST CT TIGARD OR 97223 OR 97224 25112CC-06000 ..................... WATTS, RONALD DEAN/JANE ANN 15976 SW 81ST CT TIGARD OR 97224 28112C0".06200 0040.*Oattesiaiseo* INMAN, DAVID 6/CHERYL F 15921 SW 81ST CT TIGARD OR 97224 11 2611380-00300 mottitteeto.000.600040** SCHOOL DISTRICT NO 23i7 13117 SW PACIFIC OR 97123 2611380-00500 4' MOORE, . DONALD LESLIE JOAN 8170 SW DURHAM RD TIGARD OR 91224 : .1111513.4d20o WARD, JELA JANE 8685 SW StAAtFollb dt ttditAb OR 07223 28111E1D-10400 ............ ta‘ielodios FULMER, JOHN N/SANDRA L 8550 SW STRATPORD CT TIGARD OR 97224 7116.11,01.01111WMIMMIRAA 25112CC-01801 ................... BOWEN, RICHARD L AND TERESA. PO BOX 94 TUALATIN OR 97062 25112CC-01900 ..................... COTTER, EDWATID E AND VIOLA C 8065 SW DURHAM RD TIGARD OR 97223 2511200-05700 4o0estaitooe;4.4..0004...00 HORVAT, ROBERT J JR/RUTH 15910 SW 81ST CT TIGARD OR 97224 261120C-05900 ..................... CABLSCN, MICHAEL D & JULIE 15954 SW 81ST CT TIGARD OR 97224 25112CC-06100 ..................... KENNEDY, REESE C & RUTH U 15943 SW 81ST CT TIGARD OR 97224 2S112CC 06300 JONES, TERRY W & MARY X 15889 StI 81ST CT TIGARD ' OR 97224 26113E10,00400 CASTILE, JAMES W & AUDREY 9565 SW INEZ txGAND OR 97062 2S111DD 00201 PIACENTINI0 JOHN/LOUISE #19 2540 NE RIVERSIDE WAY PORTLAND OR 97211 gdAd; ithittEts 8s65 8W sTitht#bilb ticdhAD OR 91223 - - • ANOtOttike 40d bilikOtot .4. • • 8570 SW Otit4t#0'.itt.rtt.. • . . TXGMW •-eit -so g;40 49 OHVOTI to (444441144J4P 103 04P9 N Aq1144/P 11O 44P044aRV opoT,(114;TTTp4 • t;;40 4P auvoix guoapp49 440.0$Se t/! or 1444P7101 00.0000.01.0000000.00.0,00 po!pT,q(ITTTsz •, • geZ46 HO aaHDIM 0E0sIvEma MS 99S8 H88781V1 'IVVOM "'"" 01080T-a8TTTSE EZZL6 HO - 0E11e13. 0E0JusiEls ms S8S8 ifsumr If71124 #aum .1...,•••••••T • 00z0T-aarrEsz V440 110 TTEL6 HO 8MV7M Amu OGIBUOAIR ER 0 ml 6TO EsI00a/aa0P eTHIMHBOVId t. ZSOL6 Ho 0.00.009.."...0" 00V00■.0pCICTOg )1 mItor arm= aamur 'mm o 0 400Errse CN. 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R NDALL W & WWI 1 RXST 8514 SW AVON TIGARD OR 97224 218113BD- -00200 BARTLETT, E A VIRGINIA 16575 SW UPR !MORES FY RD TIGARD OR 97224 2S1130B 07760 w e w D REAN, CXT$f "OP 0+0 8OX 23483 TXGARP • r o • o • a,• • 4.r'• • aiM • • OR' 97223 PORTLAND GENERAL ELECTRIC WES WALDRON 121 SW SALMON ST PORTLAND, OR 97204 UNIFIED SEWERAGE AGENCY 16580 SW 05TH AVE TIGARD, OR 97224 • 74 714 26111DD-42300 • • • •••**4*** JORESOWE RANDAU14:11 & OVREtt MEIST 8514 SWAMI TIGARD OR 97224. • • 281135D-00200 ....... .. . ..4......, BARTLETT, ! A WiP.OINIA 16575 SW UPR TOMS FY RD TIGARD OR 97224 '13 2811301.077081 44.4444....siai#6.44•64;4. CITY OF X 23483 OR 97223 pl A 4.44.0 a atWPLL aH NV1100a MS ssZO n SaN ia. 00V 0.004V0 ' HD fOd .. ,R..... 004TO- OO4TTSZ EZZL6 • IO ati''dpIS, H3J9 't MB E'' 9t V. .4. 94)4, S QQOS 'NOSNHOL! ' [ •IOM &BMOO '3 if adVHOTtI 944.9.P74$ f...s...! .•!!oeo.o'' OOStO°�OOZ#.TSZ E46 HO advt:0; I! 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ZOEtO"OV'fTTSZ EZZL6 NO EZtL6 tO o i0uwriIH Sim MST N OSt AON80V Imumas mum ................e Tom °OH4?TtBZ advom BMI HISS Ms SLS9t d ATMS NHO&' ' B 1WOH OOEtO- OY'ttg2 ;ZTL6 HO SOOL6 'aO AIOIaI t HS /O MwaVOIdB Ms OOZt i'ISfAYa sma00041 NOO !O aU ammo VIBWf1a0O ?,OTTO -O' fVttSZ EZTL6 NO OIOSBTIIH Isdu N OSt TMflOO NOL0MIHSVM tO AONSOV 510lI2M3S USY3zt+In ............... .00 Emo-criterum B £ZTL6 NO =SST= IS ISM N OSt AZNflOO MO DNIHSVM JO AONSOV N0 I MIB =AIM M UMW- OWttSZ OTtS6 VO ssor NfS XV d /HOzthtV OS SU3NIUV t TIVH -H a f RANI LINM .. • . . • ,r TTO°'O f ttSZ EMS NO af'OZL OIOI0 fd MS LEMET £ EZ m3ItSia WOWS • .. 00T00- 0VMSZ +`� I''�;U �,'+ �� x,' %� !r'{4. �?� ��t�!�Si,;ti o{ +� 7, r. I�ti(21 a iiar4�. � t?r•�uli'r �'t .?:r��.� ri�.��+�`�'�.' 28112CC-01800 .............. WAYMIRE, MELVIN G JR 10845 SW DOVER CT TIGARD OR 97224 2S112C0-01804 BARRETT, GORDON W & MELISSA J 15987 SW 81ST CT TIGARD OR 97223 • et * • 28112CC-05600 ..................... FROME, DENNIS B & KATHLEEN R 8154 SW BOND TIGARD OR 97223 25112CC-05800 ............. . EICHTEN, JERRY J 15932 SW 81ST CT TIGARD OR 97224 28112CC.,06000 WATTS, RONALD DEAN/JANE ANN 15976 SW 81ST CT TIGARD OR 97224 2511200-06200 INMAN, DAVID S/CHERYL F 15921 SW 81ST CT TIGARD OR 97224 2811380.600300 SCHOOL DISTRICT NO 23J 13137 SW PACIFIC HWY TIGARD OR 97123 2811380,-00500 - MOORE, DONALD LESLIE JOAN K 8170 SW DURHAM RD TIGARD OR 97224 2SiliDb.40260 WAND, VERLA JANE 8585 SW StilAtibbilb oT titdAllo OR 01223 2s1i11D-1�400 610551551111115111555 • ktitdStiti dokil M/SAkb)A4 it4 8550 SW StA41110.6Ab. CT .ttdkitti . : • . . OA 0124.. • 28112cc -018— BOWEN, RICHARD L AND TERESA PO BOX 94 TUALATIN OR 97062 2S112CC-01900 .. COTTER, EDWARD B AND VIOLA C 8065 SW DURHAM RD TIGARD OR 97223 2811200-05700 HORVAT, ROBERT J JR/RUTH 15910 SW 81ST CT TIGARD OR 97224 2811200-05900 ....... .. . . CARLSON, MICHAEL D & JULIE M 15954 SW 81ST CT TIGARD 2S112CC 06100 - OR 97224 KENNEDY, REESE C & RUTH U 15943 SW 81ST CT TIGARD OR 97224 • 2511200-06300 16060044004b0,400,404,Oesse JONES, TERRY W & MARY K 15889 SW 81ST CT TIGARD OR 97224 28113B0-00400 ............. CASTILE, JAMES W & AUDREY 9565 SW INEZ TIGARD OR 97062 2S111DD-00201 .............. PIACENTINIE Jokk/touxan 2540 NE RIVERSIDE WAY PORTLAND OR 97211 23i1ibp'40360 51ss5ps55 ' ',,,.., HOAG, KATHLEEN 8565 SW STRATFORD TIGARD OR 97223 AO0ERSogi.bbi4 • 8514 SW STRATFORD CT • tIOAA:16. • �R 012.1.• 2811DD -1230 •. .• «•o ••. },�, JOHNSON, RANDALL W .& a RRIX T 8514 SW AVON TIGARD OR 97224 2811313D-00200 .. s ...... . BARTLETT, EA VIRGINIA 1655 SW UPR B3OOY3 DT RD TIGARD OR 97224 • • o 25113CB -4)7 aINNM4O ... ......Oib DURHAM, CITY OF VO BOX 23483 • TIGARD OR 97223 �' . 4 .e •.8 y, q� I1 1 a . NE I/4 SECTION 04 T2S R 0 W W.M. WASHINGTON *s; TY OREGON SCALE 1116200' SEE MAP 2S F IIDC s[a,m ol, [on, Ji 5 . I EE MAP _ 25 I I IL1D r; SW r o o�, DURHAM -r SEE MAP as 114A0 tl4W.1.4C, • TIGARD RICH SCHOOL SCHOOL DISTRICT AN III? IWO' 23-74 Or iI14/ MCI t[0 II T[ ►Y C11. NJ. 4[I ROAD mots 14 w as moos Is t &NAL p 1103 ws J,CJ4: t0/ 0 Ilssa ,±.., o "nomT, a tI1 i' tsoo •ri•►sr MAP M - ;M�, I,AN 1' Ill 14AC ii 6' SEE MAO 71.47.7. 7777 NE I/4 NW I/4 SECTION T2S R I VII W.M. WASHINGTON COUNTY OREGON' er SEE MAP 2S I I2CD CMHM CN. !! SCALE I "• 100' T 7 ICR. 2S -No motes $TATCD e a 200 .9 /A4 /,69 AC. SEE MAP 2S 1 I2CD 4474 speed Ids e�, SEE MAP 2sIi38 23-78 i id 800 An' A4 its to k 1 41' r.. 700 zoo AC. J mOg —. o T 101,TI 417.70 T HALL t g 10.1.1!1 MO WIOTp 1TATt0) (aD STATE HWY. 2)7) Y T 110 Otti too _ W tT. by 100 44.1 to /.n 104.10 CI O•IIOIOOi 170 N 141.70 INIT�A1,. ►f 44,4 Agl ei et. eo' IAii No•IO1w`t 715.4 11 to iS °w o SW: B oth. AVE, p yv 0.4 p Al � N Q A g 8 LJI .�9 .: r�C lO... W Ili' tit eeA do io se •177. / in oro 1 � M yG 4..i4r,� 12 SEE MAP 23 I I2CC NW I/4 SECTION 13 T . -RI W WASHINGTON COUNTY 0 COON SCALE .1%2001 OLD HWY 217}01 01140 600 23-74 , —.4 so' 23.'78 E' S22 MAO 2$ 1 18C0 ‘01' e" SEE MAP 2S I INA SEE MAP 2S I IND 1911 83149 ANY 004 NO Al3ti 10N 00 'AlN0 usdOund IN9N29399V 69J VYI I 22 vf?''11 ul 194 4 9 t t'e 1, 62 9 If az A 0q201 !A, L2 00910 . 01, .„,,...: 0044,4, 996 popq. i 094q 22 ric4/ °.'"cirlifoe 01! el 1"04 92 421 Pg e - 02101 00601 00601 00011 00111 00211 09 00 m OS 00 OS SO 1\r 0 $'$' 2' ea ?a It, 1 00.?,11 00;11 00„?,11 00°9011 033I 1 sa ON 33S 009L 0031, 001.1. 0001. 0061. in OS OS OS 05 2 ..1721 002211' 00991 • 00121 4.1.331:J.LS ODA • rfirfaffwalato 4.41+, insistv -04 9 00821 (10921 f 1:4,:0:061 rif*?4(41i: 81 001b1 • r '070 lf 10140 0034 P4!$ ;CP 00k91 zy 00691 00021 m z c P1 .1,3111V 19 oc ' V011 1 SZ 04 335 •001.000 0,09 .1.01 991 02123993 '1 00121 0002 0012 0 ' V011 1 SZ 04 335 •001.000 0,09 .1.01 991 02123993 k. �y L Ci Rj.' r !' tiJ :r .o. 1r,i . 1 '.h:e.�,..S.t�.l lrY;y.. ��. �r .��tii ,4,r. �J.,;i ! :. L.;,�xn.. Y. 1 ..., ,,.....i .T F,, „ ..s ..u. #,. S..1t. <, ,1 :• .. .,. � r.'. _. .. .... . -. _.. ., NW I/4 SW I/4 SECTION 13 T2S R. W,11n. WASHINGTON COUNTY OREGON ,�,;,17l« SCALE I"■ 1001 SEE MAP 2S 1 138 e 7400 40 o 7300 39 i <J NesGA 1105•..... WWI +i 8 29 0200 29 ns 5E00 i + 5700 22 23 �\�� 3 m 5100 - —v E 21 lb�aa 5.100 1300 • 5 A11:1117 T300 00 5100 500) 4900 4000 19 c le 5 17 3 I 5 15 a 14 w.:ilx:u:;w..::.�.ar:.;af1.,«u, e �.. �;« u :.wl,�t'"'d'1."'Kl"t,"'u �1 », 1. C . r� ='t} 1' 'P... �z �? n Y.. r.v.r %i .vt t t r h'.•�" i 9 fi., U�. tl.ky,i r e: V • IIIMMILIZIAMIIIIIWIMarevammamer SE 1/4 NW 1/4 SECTION 13 }` S RI W W.M. WASHINGTON COUNTY ►`�" ON SCALE I "■ 100' SEE MAP 25 1 130A gAC I0 100 t.:B AC. (CS 19ee01 Issue 0 »a 1 us, AC 1 V SEE MAP' \Ab 2S 1 130 A F' "t' 0 N **10O TroMsZi AFTON TRACT 'WC v i\j1 INITIAL Pt »iii'.... ...so 3200 6.04 AC. 0 104 Ioo. t660. .. 4.38 C 21 ,11 44 ICS 15Te I F ICs Iselx1 23-87 It 3300 4SPAC. (CS 1115.1 tcs 105 71 3100, OE AG VLSI IOLOs N S kg's! Se' 4500 4400 4300' 422&) I1b 163 }< I N3z 0J sgIG P 8 7 b iAtW tS;W, RIVENDELi re /� 1 aF Bibb 150 May 3, 1990 TO: REQUEST FOR COMMENTS FROM: Tigard Planning Division RE: SLR90-0005 DURHAM SUBSTATION SENSITIVE LANDS 90-0005 CONDITIONAL USE 90-0003 PORTLAND GENERAL ELECTRIC NPO #5 A request for Sensitive Lands review approval for filling in a designated floodplain (approximately 2000 cubic yards) to provide for the construction, operation and maintenance of a oubstation facility to be installed upon Unified Sewerage Agency's property. Applicant also requests Conditional Use approval to allow for a major modification to the existing conditional use utility. ZONE: I-P (Industrial Park) LOCATION: Southwest corner of USA Treatment Plant site which is located at the southeastern corner of the intersection of SW Durham Road and SW 85th Avenue. Attached is the site plan and applicants etatement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decieion will be rendered on the propoeat in the near future. If you wish to comment on thio application, we need your comments by 05/14/90. You may use the apace provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, pleaoe phone the staff contact noted below with your comments and confirm your comments in writing as soon ;13 Possible. If you have any questions regarding thie matter, Contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT:JetrVi) Cgd,r PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact Please refer to the encloeed letter. Comments: of our office. NaMe of person comMenting: TelephOne number:, '41 01, .11 • ' Pt, rt, ,1",1 4 • , • • , y j , , ■4■, )r■■■ ■4":. {1'1,1 '; '.1;" P,S; '4" ..'')'14'1 ICATION LIST FOR ALL APPLICATX 1. jNP0 NO. 5---(2 copies) fa°14-6 2. CITY DEPARTMENTS Building Ineriector/Brad R. _,City Recorder Engineering/Gary A. District (pick-up box bldg.) ts.e ...Tigard Water District 8777 SW Burnham St. Tigard, OR 97223 Metzger Water District 6501 SW Taylors Ferry Rd. Tigard, OR 97223 Joy Pahl PO Box 200 Beaverton, OR 97075 School District 23J (Tig) 13137 SW Pacific Hwy. Tigard, OR 97223 4. AFFECTED JURISDICTIONS Wash. Co. Land Use & Transp. 150 N. First Ave. Hillsboro, OR 97124 Brent Curtis Kevin Martin Joann Rice Scott King Fred Eberle Mike Borreson Jim Hendryx City of Beaverton PO Box 4755 Beaverton, OR 97076 ttate Highway Division Lee GUnderson Po Box st5 Beaverton, OR 97075 SPEdIAL .40tAdit$ dendtai Telephone Mike Luz 12460 SW Main be4vettoni OR 97001 JNW istatutbA datt. Ronald D. PolvL, PE, PLS 220 00 OdOOfi4 tkii*land4 OR • 97209 dabioviOloh of Ote00: teki SW bOhd Portiandi on 01201. Boundary Commission 320 SW Stark Room 530 Hillsboro, OR 91124 METRO 2000 SW 1st Ave. Portland, OR 97201-5398 DLC0 (CPA's only) 1175 Court St. NE salem, OR 97310-0590 Other i............. P rtland General Electric Brian Moore 14655 SW Old Scholle Ferry Beaverton; OR 97007 Metro Area Communications Harlan Cook TWin Oaks Technology Center 1815 NW 159th Place S-6020 Beaverton, OR 97006-4886 OS West Pete Nelson 421 SW Oak St. Portland, OR 97204 • ,. _. a--. •:- ..,�.,..� _ - Ti . �v .-. ..Y � 4... 'a sec r: _..c ✓..::., � -.'a -� - _�- `.+ -. � _ air r._.. .. (_ -.� S r2 = - c': �` � was "'t •s t '�: S( ® ® =�■ ■■ 9■ S S� • �� ®Y�� ®. V��g i 1 R! STATE AGENCIES 6. Aeronautics Div. (ODOT) Engineer Board of Health Fish & Wildlife Paarke & Recrea. Div. Subdivision Supervisor Dept. of Energy Dept. of Environ. Quality 7. FEDERAL AGENCIES 8. OTHER .LST Corp'. of Engineers Poet Office ' A • DOGAMI Division of State Lands Commerce Dept.-M.N. Park LCDC PUC Fire Marshall Other Other Southern Pacific Transportation Company Duane M. Forney, PLS - Project Engineer 800 NW 6th Avenue, Rm. 324, Union Station Portland, OR 97209 CITY OF .1.416010o rEtEIPT OF PAYtriNT P4PSCE.i, I Pi NO0 .:11. CHECK AMOUNT f,' 556. t!') NAN: PROPERTY TRANSPORTATION CASH AMOUNT O1 t el o, AL)DFESS 121 514 tALtaioN PAYMENT DTE 04/27/10' 143.11:41D rvl Itliq PORTLAND, OR 97204- PUrtF''iliSEt IDF 'ttiENT AMOUNT ,r,A1,i) PURPOSE: or PAYMENT AMOUNT PAID Ltkil ArLY.t.ATT, C)N*5 $1. 90"'070/OU C'3.4. , roAist.) 44, 4.4 wAr ,1:10 - • ' Hci J. ok 23 / region 97223 •.--767riritt,1 JUNI 590 (26 ittAtitt C kit 10845 SW DOVER CT tioAttb exit 91214 UN'et10.4t: !);:' ttiet.;1&1*1 P;041$' .41111,64„':. 7- TXOARO, RETURN TU s N LR0/e,,,U(> elo-daa3 Su..1e6 " W. Hat rd. bx 233, regon 97223 girls,* to y r y 0 h r e I D .00aa..e..,�•. PIACENTINI 4 LP.4.16 Ac titt a.y,�A ^i'if ►il �iM14`.1Mr«^r!'1Lr�" �N_^ ,�I oi� b LIR 00-vocisie U e LcttUt( W4-14/■_ S441(CleN. lilt Itillittt, J.!kanBlvd. ' tix 23397 ion 97223 A MAY -3'90 7 5 70 �sY 'nani:�s't4'r' r, 4r'r. } 1iR5ifr 1 rN G1 1t ► ; - , C3 Address -00y2r0A 1 o • ' a PIAC JOHN/LOUISE #19 2540 NE RIVERSIDE WAY POR LAND OR 97211 111111111111111111111 '1111 1111 1111111111111111111 ,4 i 11 11110i �9 W `;. �� Blvd,. lox 23397 regon 97223 L b -abac G,t -,n„ +.t.,es 28112cc- 01800 WAYMIRE, MELVIN G 10845 SW DOVER CT TIGARD (IR q724 WAYN44 67224300e i3' rt{. ' 1 W 3RDXN0 TX NE EXPX WA' s XRE PO BOx 2fl1 4 RETURN TO SENDER sx �,.:•'�. ^1+. ;Z1t Y ,r`rt. .a 'J;t }T f,:sx. � '},.ifs'li MigiffiriZaillgENSIMISIUMwdina Nathan Cullen Unified Sewerage Agency of Washington County 155 North First Avenue, Suite 270, MS 10 Hillsboro, OR 97124 Dear Mr. Cullen: This letter is in response to your request for Minor Modification approval to expand the Durham Advanced Wastewater Treatment Facility on SW 85th Avenue You have requested approval to Construct two process basins for treatment of domestic wastewater. This property is zoned Industrial Park (1 -P) in Which the present use of the site is listed as a Conditional Use The site received original Conditional Use approval in 1990 (CUP 90 -0002 and Cond CUP 90- 0003). The Tigard Community Development Code Chapter 18.130, Conditional Use, provides that a modification to an approved conditional use may be a major or a minor modification: Major modifications are processed as a new conditional use application. Section 18,130.050(B) ) states that the Director shall determine that a major modification(s) will result if one (1) or more of the following changes are proposed: 1. A change in land is currently L t plant and change P a sewerage treatment does not apply. and use The use is current) this criterion doe pp y in use is proposed as part of the modification: Therefore, 2. An increase in dwelling unit density, No dwelling units are existing or proposed; therefore, this criterion does not apply. 3 A ten percent change in ` ratio the the rats® of the different dgerent types of dwelling units criterion number of units. No dwelling units are existing or proposed, therefore, this does not apply. A change in the type of commercial or industrial structure'. .� a proposed 4 Th • modification would incre . - . .. : es of a similar type to . , ase facility capacity by adding two structures ed ti�ierefore those e n the type of structures is proposed; therefore, existing in the site: No change i Major INlodif ication is not triggered by this cri terion. change in A he type and location of accessways and parking areas where off -site traffic would be aff ected. The proposed ro 0 sed modification will not require any change to ... parking areas or acceSSWays: Therefore, this criterion does not apply. non-residential - Use by more than 10 An increase . . in the flooir area proposed fora . . u went lode percent where previously sp g y DeVelopment The Tigard Community 0 defines floor area" as the gross horizon floors of a " a llflsb Section � 8y26.03 . w Y". A , area ® a building. The proposed s d� Modification would involve construction of two (2) additional 13125 SW Hdll Blvd, s Tlgdrd, OIZ 97223 0:35 639 -4171 TDD 503j 684 - 2772 --- Page .I of 2 wastewater process basins. No increase in building floor area is proposed; therefore, this criterion does net apply. 7. A reduction of more then 10 percent of the area reserved for common open space and /or usable open space. There is no open space located on the site Therefore, this criterion does not apply. 8. A reduction of specified setback requirements by more than 20 percent, The proposed new structures will be constructed entirely within the buildable area of the site No reduction of any required setbacks rill be required. Therefore, this criterion does not apply. 9. An elimination of proJeet amenities by More than ten percent where previously or, c. Landscapin ing, specified, such as a. r�ecireati0nal facilities; b. Screening; g provisions. The proposed modification will require removal of grass frQrn the footprint areas. The proposal will not reduce the existing formal landscaping which Will cgntinue to comply with the required 15 percent landscaping standard. Therefore, a Major Medificatibn is not triggered by this criterion. 10 A 10 percent Increase in the approved density. This proposal is for expansion of a sewerage treatment facility and does not include residential development. Therefore, this criterion does not apply: This request is determined to be a minor modification Pursuant y ant q on tq an approved conditional use 0rsu to Section 18130.060,0., the Director's designee has determined, based on the above findings, pion is not a major modification. It does not violate any code that jthe proposed modification re approved. previsions, The proposed minor modification is theref9 pp THIS REQUEST HAS AS EEEN APPROVED SUBJECT TO THE FOLLOWING CONDITION: 1, A building permit must be obtained for the proposed expansion. Please provide a copy of this letter when applying for permits, There is a fee for the required permits, please contact the Development Services Division for information on current fees. If you need additional information or have any questions, please feel free to call me at (503) 639 -4171 e . 315. Sincerely, A 'L J: Roberts Associate • Planner • 1998 Planning correspondence file OUP 90 -0002.' and CUP 9040003 Land use files Page 2 of 2 (ca 10.--e2o(8) 96-000 PIN mob UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY July 6, 1998 Ms. Julia Hadjuk City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Re Conditional Use Permit Modification Unified Sewerage Agency of Washington County Durham Advanced Wastewater Treatment Facility Ms. Haljuk: We are providing this letter along with two sets of architectural elevations, site and landscape plans to support a Minor Modification to the Condition Use Permit for the Durham Advanced Wastewater Treatment Facility, 16580 SW 85th Avenue, Tigard, Oregon 97224, The modification is required for the construction of two process basins to expand the existing treatment capacity at the facility. As shown in the attached plans, the proposed modifications include construction of two at-grade structures to be used for treatment of domestic wastewater, Construction will occur immediately north of existing, similar structures in an area that is currently a grassy field. Grass will be restored up to the edge of the new structures once construction is completed. No new parking will be provided, and access to the facility will not be modified. No new floor space or occup;ed areas are proposed. The proposed facilities will not encroach on any required setbacks. We have reviewed the criteria in Section 18.130,050(B) of the Tigard Development Code, and believe this construction does not invoke any of the code criteria. Detailed responses to each of the criteria are provided below, 1. A change in iand use. The proposed change involves construction of one new aeration basin and one new secondary clarifier at the treatment facility. These new facilities will augment the treatment capacity currently provided by three existing aeration basins and three secondary clarifiers, The new units will be almost identical in nature to those constructed during the previous plant expansion in 1990, 155 Nottli.4ttAVOhiler$tilie.210, MS. 10 OregOet0124. ,11 • ,•!*,,, ' Phone: 503/648-8621 FAX: 503/640,3625 Durham Facility CUP Modification Application July 6, 1998 2. An increase in dwelling unit density. No dwelling units are proposed. 3. A ten percent change in the ratio of the different types of dwelling units to number of units. This is not a residential use, therefore the standard is not applicable. 4 change type of commercial or industrial structures. chars a Ifll the e No occupancy type structures are proposed, therefore this criteria is not applicable: 5. A change in the type and location of accessways and parking areas where off- site traffic would be affected. This proposal does not include` revisions to existing driveway locations, therefore off site traffic would not be affected, 6 An increase in the floor area proposed for non- residential use by more than . previously p where p y d. ten percent where any increase in floor area therefore this criteria is This proposal does not include y not applicable. A reduction of more than ten percent of the area reserved for common open s p ade and/or usable open space. There is no area reserved for common on open s ace therefore this criteria is not applicable, 8. A reduction of specified setback requirements by more than 20 percent. The expansion would not encroach onto minimum required setbacics. 9 An elimination of project amenities by more than ten percent where previously specified such as • a. recreational facilities; b. screening; landscaping ;_ :p...,. provisions. ,. The c. rodlslOnS. p p recreational facilities or screening. Th The proposed facilities would not reduce recr proposed area for construction is a grassy field, and no p previously y specified landscaping provisions or other amenities are affected. 10. A ten p exces t increase s c ent the approved dense The proposed facilities do not change existing p roJ ect density, nJ ' a� facility i facing :., ' , i . �, construction of these two The Durham facih is faun severe capacity limitations, so p operation , the In order to meet processes is critical to the continued successful of e p anti I the needs of the facility, excavation for the new structures must be completed this Durham Facility CUP Modification Application July 6, 1998 summer. We urgently request your prompt review of this matter. If you have any questions regarding this request for a Minor Modification to the Conditional Use Permit for the Durham facility, please call me at (503) 648 -8621. Sincerely, Nathan Cullen Project Manager. [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] x April 17, 1997 James D. Vondenkamp Black & Veatch 4004 SW Kruse Way, Suite 200 Lake Oswego, OR 97035 Re: Minor Modification to the Durham Substation Dear Mr. Vondenkamp: This letter is in response to your request for a Minor Modification to the existing Durham Substation site at ,11705 SW 85th Avenue. The i qu approximately"' ; square foot Modification request was to add a 300 Y equipment cabinet type structure and several utility bus structures within the exisNng substation enclosure area The Director has approved this request as proposed. Please submit a co py of this letter with an y application fo r Building Permits. :.. . If you have any questions, please feel free to contact me at (503 639-4171. Sincerely, Mark Roberts Associate Planner, AICP Bcurpinln inricAgesub.doc SLi 00-0005 land use file 13125 Sw l•lc it • Blvd, T1 ard, OR.0223 (503) .639-4171 TDD 06%00111 ---- -- BVB (A Joint Venture Between Black & Veatch Construction Inc., and Brink Electric Construction Co.) 4004 Kruse Way Place, Suite 200, Lake Oswego, Oregon 97035, (503) 699- 7556, Fax (503) 697 -3699 Portland General Electric Unified Sewerage Agency Durham Substation City of Tigard Attn: Mr. Mark Roberts - Planning Dept. 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Dear Mr, Roberts: BVB Project 31734 BVB File 32.0600 April 7, 1997 Subject: Request for Minor Modifications to Approved Plans or Existing Development Black & Veatch/Brink Construction (BVB) and Portland General Electric Company (PGE) are preparing to install additional equipment into the existing Durham electrical substation within the property of Unified Sewerage Agency (USA) water treatment facilities in Durham, This document is submitted as a request for Minor Modifications to A pp roved Plans or Existing Development. It is perceived that a Minor Modification to Approved Plans is required, since none of the Major Modification items under Chapter 1 8,130, Conditional Uses, Section 18.130,050 apply to this project, An existing Conditional Use Permit, Case Number SLR 90- 0005 /CUP 90 -0003 dated July y 27; 1990, is for the existing PGE electrical substation on the USA property, my understanding di., g PGE that a VFutuge Substation y awing was It is m under standin from bstation enera La out drawing included at the same time the material and drawing were submitted for the existing Conditional Use Permit, The Future General Layout drawing indicates similar work that is proposed under this modifications The substation modification is to include the cldition of new utility towers, poles and equipment within the existing substation fence and walls, There will be no site expansion, gradin g , or additional p ... roperty develo p rnent req uired for this P roject, The additional utility equipment is required to service the growing electrical demand in the Tigard and Durham areas, with scheduled project completion by the fall of 1997, 4,k'Vi ki, IY ".fza '• • it BLACK & VEATCH 4004 Kruse Way Place, Suite 200, Lake Oswego, Oregon 97035 Tel, (503) 699.7556 Fax (503) 697.3699 vondenkamplg@bv,com James G, Vondenkamp • Page 2 City of Tigard BVB Project 31734 Mr. Mark Roberts April 7, 1997 1 am submitting three preliminary drawings indicating the proposed modifications. Also, I have attached a copy of the existing Conditional Use Permit for this substation. The drawings attached are as follows: 1. Durham Substation General Layout - C-18594 #1 2 Durham Substation - Bus Arrangement - Dwg. 1 3. Durham Substation - Bus Elevations - Dwg. 2 On the attached drawings the proposed modifications are indicated within the clouded areas of the drawings. In some portions of the clouded areas existing towers and equipment are being replaced with new Also, on drawing number C-18594 #1, the location of the substation within the USA property is shown on the vicinity map and is indicated as the project site Please contact me at 699-7556 if you have any questions or if additional information is required. Sincerely, ames G. Vondenkamp cc: M E Stitt* o- Loi W 04/04/97 15:34 tT503 684 7297 •• • CITY OF TIGARD eon/ no 15014o Pr A NOTIC:S OF FINAL ORD,:o.- BY IRBARINGS OFFICER 1. concerning Case Number(s): SLR 90-0005 CUP 90-0003 2. Name of Owner: Unified Sewe ate A en Name of Applicant: Portivi 0e ectric 3. Address „„02,,,EADLLicm_g_tre_te_____ City State OR zi 2220_ 4. Addrese of property: Southweet corner of US is located a the south ant co. er of 1.1.224-RMAELP.Ah wellTaX Hap and Lot No(s).: 261 13B, tax 10; 600 tin P1 5. Request: A tLe= des t flood la 6. l‘ction: 7- Rgovide for the outlet t'on ova3 ite wh_t_gh Dar.' or in a 2 0M—S-11133.-.W.W....—ta N.1” t. Zl/t c 0 f et to be installed _upiornif tt.....1241.35.)—X9S01212..-gondition41-3IMM * 22.2E92111...19--allew conditio •r tuodif ti to the P Tndust ia Approval as request=d APProvnl with conditione Denial Notice: , Notice, was, publiehed in the pewepaplir4 Poeted,at City 0411,, and mailed io:' The applicant and owner(e) Owners of record within the required distance The affected Neighborhood Planning Organization Affected governmental agencies 8, Final Decieion: TOg nmexsIoN slam NIB nett 01 AN PEAL tS _ The Ado]*6d titiAihoe of fadt, dedidiOne and statement OE Condition's can be obtained frOto the kidnhin4 DepattMel*i Tigard city Ball, 112 SW Ballo bog 23391. tiOakdi Otiagon 91223. 9. AM:1641i, Any Opittje to the dO.Oieien May appeal thid deCiei�n in accordance • 18410600 and §ectiOn i8432.31d Which peOvidda that a *mitten appeal may he filed oithia to days after r� Lee is given and dent. 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Durham ) CU 90-0003 Road and S.W. 85th Avenue, in the City of Tigard, Oregon ) SLR 90-0005 I. SUMMARY OF THE REQUEST The applicant requests approval of a Sensitive Lands Review (SLR) to place 1,000 cubic yards of fill in adesignaedfl the existing Conditional Use ( substation. The area to be develo Durham Wastewater Treatment within the 100-year floodplain and is zoned I-P (Industrial. Park). Staff recommended conditional approval of both the requests. The applicant accepted proposed conditions, except a condition requiring landscaping along the south and west edges of the substation site. No on else testified. LOCATION: South of S.W. Durham. Road and east of S.W. 85th Avenue (WCTM 281 13B tax lot 600) APPLICANT: Portland General Electric 4 4 1 lain. The applicant also requests a major modification to permit for the site to allow expansion of an electric is the southern pan of the Unified Sewerage Agency t which is =trendy op= area. The property is located PROPERTY OWNER: Unified Sewerage Agency SrrE AREA: About 60 acres APPLICI3LE LAW: Ti gazd Community Development Code Chapters 18.68 (1-P zone), 18.84 (Sensitive Lands), 18,100 (Landscaping and Screening), 18114 (Signs), 18.120 (Site Development Review), 18.130 (Conditional Use) STAFF RECOMMENDATION: Condidonally approve EXAMINER'S DECISION: Conditionally approved IL FINDINGS ABOUT SITE AND SURROUNDINGS A. Sire size and shape The Unified Sewerage Agency (USA) parcel contains about 60 acres, The . sad substation win be built in a triangular area near the south end of the USA pare The development area is about 150 feet deep and 70 to 140 feet wide. B. Sire location: The site is south of the USA treatment plant south of Dnrhaln Rbad and east of SW 85tla Avenue. Page i Iit:akints officgr 4.4.40 CU 90-0003 tit SLR 90-0005 OGE Dia,rhain Sid:victim) 04 04/04/97 15:35 12503 6 7297 CITY OF TIGARD 1 • C. Existing uses and structures : L The USA parcel currently contains offices, labotatories, maintenance facilities, parking, water treamient facilities, and a substation for the sewer treatment plant. The existing substation is in the south part of the site. Access is provided by means of a • • • • • I • paved drive through the USA parcel. The substation is enclosed in a chain link fence. Then is a relatively small building southwest of the existing substation. 2. The USA facility was sited in 1976. It was annexed to the City in 1978. The Hearings Officer approved a major modification to the facility on August 3,1988, to expand the facility across 85th. Avenue to the west The Maiming Director approved a minor expansion of the exisdng treatment plant on March 7, 1989 (CU 89-01). On June 26,1990, a conditional use permit and variance issued by the Hearings Officer for the USA facility became final. D. Proposed uses and structures : 1. The applicant proposes to expand the existing substation due east. Among other thing, this expansion allows PGE to relocate an existing substation from next to the Durham Elementary School to the subject site. A preliminary site plan shows where the substation elements and retaining features will be added. Tice applicant will enlarge the fenced area of the site to enclose the larger substation. a 003/010 2. To create more buildable area on the site, the applicant ploposes to fill the east edge of the site with 1000 cubic yards of dirt and rock to match the grade of the existing substation, The east edge of the site is in the Tualadn River flood fringe and adjoins the Burlington Northern Railroad right of wa,y. A fence will be built at the inside edge of the fill. The fill area itself will be used to construct a paved path for carts used by USA staff to get around the site. E. Existing and proposed vegetation The pr9posed site is grass-covered. The applicant did not propose to landscape the substation site. However, City staff recommended landscaping south and west of the sited The applicant objected to that requitement See the surnroazy of testimony. F. Topography and drainage: 1. The development area 15 within the 100-year floodpisdn of the Tualatin River. 2. The II perty slopes downward from the nth to the south toward the Fanno 11 Crek. e Fantle Creek runs froulediattly south of the railroad uaelcs which border this property. G, Plan designation and wiling The property is designated Public/Institutional on the Comprehensive Plan Map and is tend I-P (Industrial Park). IL Public services and idlihes The site can be served by public sanitary sewer and water and by power and communication militias Edge 2 Hearitio Offieer decision CU 904003 & SLR 90-0005 (PGE Atrhani Stibstratont) 04/04/97 18:36 V503 684 7297 CITY OF TIGARD 1. Streets and access The site has access through the USA facility to SW 85th Avenue. J. Surrounding land uses West of the pro posed substation site is a dairy farm and dwelling and peeposed balifelds. North of the substation is the USA facility. East and south of the site is the Tualatin River floodplain in the City of Durham. The Burlington. Northern Raihoad adjoins the southeast edge of the site and the aMa where fill is proposed mto be placed. III. APPLICABLE APPROVAL CRITERIA & DEVELOPMENT STANDARDS A. Chapters 1848 (1 -P Zone). 1. Chapter 18.68 contains the regulations of the 1 -P zone. A utility use is a conditional use in the I -p zone. 2. Section 18.68.050 regulates dimensional rrequi ents in. the 1-P zone. The section does not require arc ]ot sire, however a lot must have aqua average width of 50 feet. ,Maximum site coverage is Ironed to 75 %, unless specified landscaping is are met. Buildings must have a minima 35-foot front There is no P � any street, setback:. Comer lots have a setback a�' 20 feet from sine or rear setback requirement nt except where the I -P zone abuts a residential zoning district The site does not abut a residential zone. B. Chapter 18.54 (Sensitive Lands Review). 1. Chapter° 18.84 contains the aye oboes for land subject to sensitive l review. Sensitive lands review is intend to " lenient flood plain protection measures and to protct rivers, streams, and byng erosion, p mnrodng bank stability maintaining and enhancing water quality and fish and wildlife habitat, and] es ing scenic quality and rational potential. Suction 18.84. (C) requires eax ngs Officer approval of landform alterations or development in the 100-year floodplain. 20 Section 18.84.044 provides landfcnm alterations subject to sensitive lands review trust comply with the following ct,a ... alterations shall serve or enhance the floodpl.aan storage function a. Land from alceratio pm and maintenance of the zero-foot lite floodway shall not result in any narrowing of the floodway boundary; b. Land form in or developments within, the 100-year plain shall be only in areas designated as cow or indus comprehensive allowed ord. lan land use map, except that alterations or developments associated P :. � with community recreation uses, utilities, or public support facilities as defined in velo amt Code be allowed in areas Y 18.42 of the �ffimunity Development designated residential subject to applicable zoning standards; c, Where a land form alteration or development is permitted to occur within the floodpiain it will not result in any increase in the water surface elevation of the 100, year flood; CU 90.9o03 & Officer' � G� MAIM 5itbstaztati) a004/010 004/010 4 04/04/97 15:36 '0503 684 7297 CITY OF TIGARD oosioto cl. The land form altenttion or development:plan includes a pedesttian/ticycle pathway in accordance with the p strian/bicycle pathway plan, unless the construction of said pathway is deemed Hearing Mager as untimely; 4.. I I by e. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; f. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals ahail be obtained; and g. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall revile the dedication of sufficient open Lind area within and adjacent to the'flooriplam in accordance with the comprehensive plan. This area shall Include portions of a s 'uitable elevation for the construction of a pedestdanilicycie pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. C. Chaplet 18.120 (Site Development Reoiew). Chapter 18.120 contains the regulations for site development review, which direct attention to improved site planning of all new developments and major modifications of existing developments. Section 18.120.180 contains approval standards for site development review. D. Chapter 28.130 (Conditional Met). 1. Chapter 18.130 contains the regulations for conditional uses. To approve a conditional use, section 18.130.040 requires the lie,arings Officer to find the use complies with the following approval criteria: a, The site size and dimensions provide adequate atea to accommodate the needs of the proposed use b. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features: c. All =wired public facilities have adequate capacity to serve the proposal, d. The applicable requirements of the zoning district are met except as modified' by this chapter; e. The supplementaty requirements set forth in Chapter 13.114, Signs, axe met: f. The supplementary requirements set forth in Section 18.120.180 are men g. The use will comply with the applicable policies of the comprehensive plan, 2. Section 18.10.040(0 authorizes the hearings officer to ire' posp conditions necessary to ensure the use is compatible with other uses in the 'vitality. 3. Section 12.130.150 irequires a conditional 'use to c,omply with the stsudards the zoning district in which it is located. Page 4 Eadrit681 Offietrr &attain cU 90-0001 & $1.8 90400 ?ME DMA SLittrq1011) e ,:. .. .. • t' _.. .. x _ ::_. .. _... -_ � . -. . _ ... - :.... « r_. -. a :. - ''_ -'ma.. _:J's- ,_- 5 -._ _ _ .J. s£" a .# ...._ 1- ".�.. ]3-. •s:.. . :. -- � a�. - yi • r.: -. ... . • b F. -t s - .y:. - .lx 2 ` ...:.:. at------ '<� ... :. :- '.. :.. >_ �. -.rte.. � _ Y- 4 - • -��} .: _ -.. _ --- ... - ..- w. - :. : :k- -- 3. "ho- - a,, -.. . .._. - _ - ".. rr.:.__..: -, _.<• - .. .r:. __ :. .._.___ �. T '!�. ,r... s. aL t sue•. . .,.: r...... :::n _ ♦ : :. ._ .i aY _ :. •;. a i S S t « .iFi f%' - i. '1 TY;; J ; .. . .. f :.a. c.. f` -'...a -�-`- * .nC 6 4.}7 ."Y° - jam'4 . '... -�-?t �.. .�.- .- _ �. y. .:. r .... s,• ._z_- :.., - ,- •.-- fir„ - -. 4. �.. _ t �: � �' !-« r.> 1 _ - r... { s. y �, ir r ;k"�., �>•� `x - F 't. .i",, <; °..._ fi� i; nc?t - - 't .-- _.. -! _ - .,. r.. = p - :- FFS _4i i:' 'k -x •.- sa .:: ° +r.:« ' f .. r_. __.• -. r. t<.� -_ -__. .. -: p� .. .._,. -.. __. s. � .. �- _•.<. -.. - . 1. •!1: � L <.G k' - }:'. '>.t., i- lAc z ,.- �q `Jjr., 7--..,.. - i-. - - _ •-i.0 yr. x - .. ._a• e..-. �� ®�� .-..� O -w t l... -:.. .r 7F - Te. - {.!-°. �. `�'� .._ . - -_. ,.� .. .. ... , - ,_. .,_ �._ -,r. . s` 4. is _. : -�-.- ».» . ,;_ •�F 7r a .�f : .. -r _ « -1 .:..� �. r .� °�. .�.• .F . � � ,i, - � . .�• � 4. ..r® � 'L.:: Fy , • %'= ..fin. . :.. .K...'...5 ..` « . }vas ✓. : a. t _ �l F - _ �i<a� - �--1 'r : t..- r- a s .E., r -' f <.. -f - - x.,. - 3 - = - Y °. ! - .,.E. tk F_ E8'....a -_ _. _ ..�. -... : ti_:.- ..ice• �.. � � r <�'J•, r .- . :._. t._... _..,F -a.. _ - '.:. n• < . t1 7. _ -. .�: #..... F �.§ S •.4 a.:.L T. t . ...�,- .: -:. <. a '. <. _ _ ..- .._ .- .a.. -. r:..<. a �•e `n: - s .. :.....6 _ •.. .:. i. .. - ' : .a .. _. •+ -.. <. r .. :... _.. J. fr^ _ T. t.? ri•' T.''•._- -. __ . Y:s t_.. __. •_.. . • » • 04/04/97 15:37 '503 084 7297 CITY OF TIGARD • D. Chapter 18.100. 1. Chapter 18.100 contains the regulation for landscaping and screening. 2. Section 18.10a030 requires ail projects fronting on a public or private street or on a private driveway more than 100 feet in length to plant street trees in accordance with the code, subject to exemption by the Planning Director. 3, Section 18.100.080 specifies a row of deciduous and evergreen trees should create a buffer/screen. G. Applicable Comprehensive Plan Policies. 1. Policy 2,1.1 provides the City will assure citizens will be provided an opportunity to be involved in all phases of the planning process. 2. Policy 32.1 provides that the City will prohibit any development 'within the 100- year flood plain that would result in any rise in elevation of the 100-year flood/Ada. 3. Policy 3.2.2 provides that the City prohibit development in the fioodway but may allow development in the floodway if the alteratioa preserves or enhances the &action and maintenance of the zero-foot rise floodway; Policy 3.2.1 also provides that the City may sllow limited specified development in the floodplain outside the zero-foot 11Se 0.00dWaY. 4. Policy 32.3 provides that development is whhirt the 100-year floodplain outside the zero-foot rise floodway is conditioned upon specified requirements. 5. Policy 3.53 provides that the City has designated 100-year flood plains of the Tualatin River as greenwa,y and that development within the 100-year floodplain shall be conditionedilp011 the dedication of sufficient open land area for greenway within the flocdplain. 6. Policy 711,1 provides that the City shall work to provide urban services in a rational manner in accordance with the Comprehensive Pb 7. Policy 7.12 provides the City will require as a condition, of development approval that public water, sewer and storm drainage will be provided and designed to City standards and utilities placed Underground, 8. Policy 7.7.1 provides that commttnitr land use planning shall tm coordinated with private utility agenczies to assure the availability of services when needed. HEARtwo, TESTIMONY, AND 1+1110 AGEN'CY COMM:EMS A.: Rearing, The alfler itc" dived. testimony at thepriblio ht aticig 4-bout this application. on July 5; 1990, A I of that testimony is hi&4W.120*n as Exhibit A (Partiet of Recotd), Ekhibit B (Taped Piticeedings), and Elttlibit C (Wriotn TeStinituty), These exhibits axe fded at the tigatcl tatty gal P 5 Hearings Officer deasion CU 90-0003 & SLR 90.0005 PGL DerhaRt. Sisbaction) 006/010 04/04/97 16:05 •12503 684 7297 CITY OF TIGARD 01 IA Arm t...* •■• B. Summary of Tetimony. 1. Jury Offer testified for the City and summarized the staff report and recommendation. The staff had recornmendedt approval subject to conditions which included a row of 5-foot trees along the south and west property lines. Mr. Offer noted that the applicant had failed to submit an adequate landscaping plan. He specially noted the comments of the Engineering and the Building Divisions. Mr. Offer stated that access to the sampling point for the waste water =anent plant will be blocked by the proposed e*pansion of the substation. In response to EOM objections to the screening for the west and south faces of the site, Mr. Offer contended, that the existing substation should have been landscaped when it was built. He explained that screening was a typical requhetwat especially . when a use adjoins residential and r...rk property. He suggested that a sight-obscuring fence might be a satisfactory a4ternative to the landscaped screen. 2 Bruce Carroll, representing POE, disagreed with the staff recommendation to landscape the south and west sides of the new substation, because most new development wall be to the east of the existing substation, rather than west of the substation, and there as not room within FGE's leasehold to provide landscaping. Moreover landscaping south of the fence would block USA access to their property. ii 001/001 3. William Lawson„ repTesetaing PG, also opposed lands west and south of the POE area. He said the POE site is limited and does not ow room for landscaping. He noted USA and POE can agree about improvements within' 12 feet of the existing fence. Plantings outside of this area would mq Cain the approval of die Unified Sewerage Agency. Following Mr. Offer's rebuttal, he amended ins opinion and suggested that additional landscaping might be possible itrunediatelir west of the substation fence on the east side of the realigned driveway, but continued to object to Landscaping south of the substation because it would obstruct USA access. C. NPO & Agency Comma= 1. The Engineering Department recommends approval of the sensitive land review, because the proposed development is not expected to increase the floodplain elevation because it is within a fringe area designated as "flooded area from inadequate drainage," 2. The Building Division notes that the proposed fill will require a fill permit V. EVALUATION OF REQUEST A. Compliance with Chvter 1848 (I-P The proposed use complies with Chaper 18.68, because it is listed as a permitted condruonal use in the I-P zone. B. Complkuace with Chapter 18.84 (SensitiVe limas. Review), the pmp®: use complies with awl 18.84., because: a. The use is listed as a penarnited use in inea subject to sensitive lands review. Page d itgarivi Officer dsiw t CU 90-0003 & SL 90400I (PGE timphafg .11460444 A• * 04/04/97 15:48 1Y503 684 7297 CITY OF TIGARD o • f b. Substation structures can be floodproofed and deigned to minimize the potential for flood damage. A condition is warranted to ensure that the Building Division concludes that detailed construction plans submitted by the applicant incorporate the specthc flocd-protection measures of Section 18.84.026 before a buildhig permit is issued for any structures. c. The proposed development will not increase the 100-year flood level, because the site will nor be filled with imported material or graded to obstsuct flood flows or narrow the floodway boundary, and it is located outside of the floodway. Proposed fences will allows water to pass through it. Proposed structures are extremely small relative to the size of the site. d. A pedegrian/bicycle pathway is not tirrtely, because the Pedestdan/Bicycle Pathway Plan does not identify the subject site as the location of a planned path segment. e. The necessary U.S. .Array Corps of Bagineers and State of Oregon Land Board, Division of State Lands approvals shall be ebtained. L Dedieation of open space is not wanranted or timely, because the park plan does not provide for open space on or adjoining the site. C. Compliance with Chapter 18.130 (Conditional Uses). , US; 1. The site provides adequate area to accommodate the needs of the II• because it is large enough to accommodate the substation, a fence aroun the substation, and latidscaping or other treatment sufficient to obscure views of the Site 2. The site is suitable for the proposed use, because it is relatively level and is adjacent TO the existing substation and other public utilities. 1 The site can be served by pubic water and sanitation systems. 4. The proposed use complies with the I-P zone regulations, because it is pm:flitted as a conditional. use and all dimensional. requirements are met 5. No signs are proposed, If signs are planned, they must comply with Section 18.114 of the Community Development Dev eiopme nt Coda, 6 The expanded sulastation does not comply with supplementary requirements set forth in Section 18.120.180, because no landscaping tar screening is proposed. Screening or land.seaping is warranted along the sw=1, edge of the site, because it adjoins a residential use. There is room for a narrow landscape buffer between the existing substation fence and the driveway to the substation. A condition is warranted requiring such a baler there. Screening or landscaping iS warranted along the south edge of the site to obscure views of the substation from recreational, lands to the sonthwest. If USA 'agrees to landscape the area south of the substation, then it should be done to the extent gucticable.. If landscaping would obstruct access to the area south of the substation and S.A. refuses to agree to allow landscaping there, then the fence should include slats suffneient to obscure views of the site. 1, The proposal complies with the applkahle ctralprehenshie plan policies, based on ruiding VI below. Pap 7 . Ifeeriggs Officer decistou CU .904003 & SLR 90-0005 (Pa Dirk= S'itigration) Z001/00 �4LG • 1.� ... ,.�. .. .fir 04/04/97 15:48 ' 503 984 7297 CITY OF TIGARD D. Compliance with Chapter 18.100 (Landscaping & Screening). The pried use does not comply with Chaps 18.110, because it does not provide for lan.dscaping and buffering. Therefore, a condition is warranted requiring landscaping and buffering cons stent with funding V.C.6 above. E. Compliance with applicable Comprehensive Plan Policies. 1. The proposal complies with Policy 211, because notice of the application or hearing was provided to the neighborhood planning organization in the area and to owners of property in the vicinity of the site and published in the Tigard Times. The concerns raised by the NPO and neighbors have been considered in caching this decision. 2. The proposal complies with Policies 3.2.1, 3.2.2, and 3.2.3, because the proposed in landform cation is outside of the floodway, does not use impoxted. fill ores substantial obstructions to flood water, and will not result itt an increase in the elevation of the 100 -year flood. a002/003 3. The proposal complies with Policy 7.1.1, because the facility provides a necessary urban service electric power. 1.2 because the floodplain is protected by 4. The proposal complies with Policy 7. , complying the sensitive lands review and conditions of approval. 5. The osal complies with Policy 7.7.1 because the request expanded substation necessary to meet the growing electrical of ty. VI. SITE VISIT BY HEARINGS OISFICER The ]Hags e r visited the site and area that could be affected by the proposed without the change, company of others. VII. CONCLUSION L USION DECISION The e'er. concludes ' ed use end, associated landform alterations 1 applicable approval tcriteria fo r a conditional use permit and sensitive with the app n e findings and conclusions coatauned (lf in and ibi g th3 ivy ands review. iri r�co.oID, of t� n ports of e d a encies and, pub test any Sum► and other ©f g in his made, the eacr hereby approves CUP 90-0003 and SLR 90 -0005, subject to the following conditions. THE FOLLOWDIG CONDITIONS SHALL BE SATISFIED FOR TO ISSUANCE OF A FILL PERMIT: ' 1. The ll obi a p it the U.S. Army Copp' of tigine and x e applicant sha„ Division of State L pursuant Water Act . ORS the � �;d� City Exu�n _,. truant � Section 0 ... A copy the permit shall to �4160� to 641.695. • t . �i��ion 639 Division by the applicant. (Staff contact (Greg Berry, Engineering 4171). Page g s flawing* O ddd siof cu so4003 & 9o-o a s (pd it thiehani Sc ion) 04/04/97 15:40 0503 684 7297 CITY OF TIGARD 2. The applicant shall obtain a fill pmt from the city. An you control plan conforming to "Euston Control Plans - Technical Guidance Handbook, November 1989x" shalt bL submitted as part of the fill pint application. (Staff contact Brad Roast, Building Division, 639- 4171)° THE FOLLOWING CONDI `rON MALL BE SATISFIED PRIOR TO OBTAINING A BUILDING PERMIT: 3. The applicant shall subs a landscape plan showing screening along the west and smith of the substation portion of the site. Minimum 5 -foot tom, evergreen trees shall be planted between the substation and the ceiveway sing the substation, Mintnum 5 -foot tail evergreen trees shall be planted south of the substation to the extent approved by USA,. To the extent USA refuses to allow landscaping south of the substation, the applicant shall install slats or similar sly. c obscuring features in or adjoining the fence south of the substation, (Staff contact: Vi Goodwin, Planning Division, 639 - 4171). THE FOLLOWING CONDITION SRALL BE SATISFIED PRIOR TO OCCUPANCY: 4. Ali land= gtuaterials shall be installed in accordance with an approved landscaping p prior to occupancy or a cash deposit, letter of credit, or other prforrxaance assurance shall be provided by the applicant. (Staff contact `ii Goodwin., Planning Division, 6394171). ritk da . u1y;1990. Larry Eps Hearings Officer 121003/003 PaagA 9 h a ings Office` a rAiara _ .. CU 904003 SLR 90-0005 (Pt3E MAIM $ station() 1W xil:#ti:�.Y� C%d41w�F,+F rN^ittu . CITY Of, 110A141) f tt►wi Ii' "1' '►dip I J�iltiY IANi "t` k iiL, 1111 , No0 a OY ", ►,r441 '1 Hl w1 I , MMtJUN r 4 100 a 00 NAME 4: t OLACK & ' 1 ` i' i (* Nr r" ADDOrltitipi ti000 4 U R ADt 4t4,1 ;u o v x$ u 4 r ' *N Al 4 t 04 )08/ "/ IAKt:1, oswii0O# OR 9P034— p uo Jse Jf.. P YMt NI ��.� 1 PAID , tk O. 0i4 t4V i~ 1 (4UUN irt P :(r ' }iP1fNhW,,,4. ON, WN4,,V01.040,, ryl 1.4....<0.0∎∎410..rt c4;'1�'YYYAbArf v.'aW.4 �4'' VMM+'L IkE1. k.Wi�i!AkM1M:.iN`M�`a!%�1!� -1,„ 'AND Lft fl APPL .44.444 4,44000 • MINOR i101 F i Vi=i r X ON . 1;, V ii W rgf i •iN s-1:',1';13.—i40600 t O`i"t L Ai'ei iwJN'i P010. ward a 100000 v44 OA'? 4, w • AGENDA WIGARD HEARINGS OFFICER THURSDAY, JULY 5, 3.990 7:00 P.M. TIGARD CIVIC CENTER - TOWN HALL 13125 SW HALL BLVD., TIGARD, OR 1. CALL TO ORDER 2. PUBLIC HEARINGS A.1 1=1,EJ;AANDS SLR 90-0005 CONDITIONAL USE CUP 90-0003 DURHAM ,UBSAJ=CAT. (NPO #5) A request for Sensitive Lands Review approval for filling in a designated floodplain (approximately 2000 cubic yards) to provide fow the construction, operation and maintenance of a substation ',facility to be installed upon Unified Sewerage Agency's property. Applicant also request Conditional Uee approval to allow for a major modification to the existing conditional use utility. ZONE: I-P (Industrial Park) LOCATION: Southwest corner of USA Treatment Plant site which is located at the southeaatern corner of the.intersection of SW Durham Road and SW 85th Avenue. 2.2, CONDITIONAL USE CUP 90-0001 SENSITIVE LANDS SLR 90-0004 VARIANCE VAR 90-0013 qBAX/LAMB BALLFIELDS (NPO #6) A request for Conditional Use approval to allow development of a four baseball field recreational complex including fencing, parking area, and restroom/concession building. Sensitive Lands approval is also requested to allow the development and associated landform modifications Within the 100 year floodplain of the Tualatin River, ZONING: R-12 (Residential, 12 units/acre) LOCATION: SW 92nd Avenue, adjadent to Cook Park (WCTH 281 14A, tax lot 1000) 2.3 SUBDIVISION SUB 90-0008 ALPHA ENOINHERING RAZE (NPO #5) A request for SUbdividion approval to •divide a four parcel site totalling approximately 8.33 acres into a 2 phabe, 33 to oubdivision. Lota Will range from approximately 7,600 to 25,600 aquare feet in .ize. ZONE: A- 4.5 (Reaidential, 4.5 Unita/acre) LOCATION Both aides of SW Blet AvenUe, Smith of SW Bonita Road (WCTM 281 1280, tax lots 300, 400, 500, and 1000) 3. OTHER BUSINESS 4i ADJOURNMENT • )1. All persons desiring a to speak on any item must sign their name and note their address on this sheet. (PLEASE PRINT YOUR NAME) ITEM/DESCRIPTION: PLEASE PRINT YOUR NAME AND FULL ADDRESS PROPONENT , Agenda Item STAFF REPORT TO THE HEARINGS OFFICER July 5, 1990 - 7:00 PM Tigard City Hal]. - Town Hall 13125 SW Hall Blvd. Tigard, OR 97223 A. FACTS 1. General Information CASE: SENSITIVE LANDS SLR 90-0005/CONDITIONAL USE 90-0003 REQUEST: A request for Sensitive Lands Review approval for filling in a designated floodplain (approximately 1000 cubic yards) to provide for the construction, operation, and maintenance of a substation facility to be installed upon Unified Sewer Agency's property. Applicant also requests Conditional Use approval to allow a major modification to the existing conditional use utility. COMPREHENSIVE PLAN DESIGNATION: Light Industrial ZONING DESIGNATION: I-P (Industrial Park) APPLICANT: Portland General Electric Wee Waldron 121 SW S lmon St. Portland, OR 97204 OWNER: Unified Sewerage Agency 16580 SW 85th Ave. Tigard, OR 97224 LOCATION: Southern portion of the USA Treatment Plant site which is located at the southeastern corm.r of the intersection of SW Durham Road and SW 85th Avenue (WCTM 2S1 13B tax lot 600). 2. Background Information The Durham wastewater treatment plant, located on the northern portion of the site' was constrhoted ih 1916. the dUbjeht parcel and other adjacent parcels Were anneked to the City in 1018. The property is Zoned 1 (IndUattial Park). Phblid Utilities Such ad the wdetewater treatment plant and the existing PGE substation are conditional used in the kends Minor expansions of existing conditional uses tett:ire administrative review by the Planning bivinion. The Plannin0 Director approved a minor expansion Of the 5t4100 Pdt sLn 964665 /0004041003. PAGE 1 ,44 •-4",,"` 4' • '4 *". existing treatment plant on March 7, 1989 (CU 89 -01). That proposal involved the construction of a new primary clarifier and a raw sludge pumping station at the existing plant on Tax Lot 600. Major modifications to existing conditional uses require review by the Hearings Officer. The Hearings Officer approved a major expansion of the plant on August 3, 1988. That expansion included enlarging the treatment plant across SW 85th Avenue to Tax Lot 1101, 1103, and 1200 of map 281 14A. The expansion included construction of a n headwork® building and other associated facilities. On June 26, 1990 a Hearings Officer approval of a Conditional Use, CUP 90 -0002, became final. This approval allowed expansion of the existing USA wastewater treatment facility and addition of facilities to reduce the amount of ammonia and phosphorous from the plant effluent. Also approved was a variance, VAR 90 -0015, allowing a 55 foot tall building where 45 feet is normally allowed. 3. ,l„tcinite xnfor Cation Propertied a to the west of the water treatment plant and P03 substation across SW 85th Avenue include a farm which is not within City Tigard; which is within the city in the Cit of Ti ardi Tigard High School �vh an area zoned R -4.5 (Residential, 4.5 units /acre); and various industrial uses in an area zoned I -P (Industrial Park) along SW 85th Avenue. Properties to the east include Durham Elementary School, several single-family residences, and .agricultural land. ' "' . and a north of This area is also zoned � P Across Durham Road to the n parcels the treatment plant are single-family residences an. which have been approved for the development of a 28 -unit apartment p cos lex. This area is coned R -12 (Residential, 12 units /acre). To the south of the treatment plant are the Burlington Northern Railroad tracker Fenno Creek, and the city of Durham. 4. Site Information . and Proposal Descriet qn The approximately 60 acre treatment plant and substation site is developed with an office/laboratory building on the northern portion of this site near the Hall Boulevard 85th Avenue /Durham Road intersection with the treatment facilities and the existing POE substation located further south on the site. The recently constructed headworke building is located on the west aide of SW 85th Avenue. The majority of this site is undeveloped, landscaped open area. An existing paved driveway with a curb provides access to the debstation. ...� , lands approval to allow the The applicant e of , 000 o �bio yards iof fill within the f1oodplain and placement , Conditional use major modification approval to alloi4 expansion of the ....,. �. , 9 ,..,r .. r.,r, � � the ex° ari in growth OSP, facility,. and to area existing tyHwith sr a sect to th accommodate g p_ allow them to disoontinue use of the original substation site STAFF ,tEPORT w PGE -+ SLR 00-0005 /CUP96-0003 PAGE 2 r - c,am- Y ,. .. . . r .s . ,.._. . . — . :. : � a �: .- . .- . ,.!.: . ::. .. c ... ._ . - - ..� :. z _ . i�- _ :aR.i. Io� r, �, �.. , . eeWW f � .. . -2 ..�. . __ :.�' . y . �... ._ f ® Y.. ._ . _ , .y _ - ..• -...a.. . �s . y r i -.i..s .s _.- Y� . .�_. _ - _ .Q t $--.� . . . . . -. �. .-.r� . € c Fti .., . . : 1 - w: . °,:- .. €:<. C e, _ . <_.4: ..« - .• : •i .=- . . _ r -r . �'. a i-'E;. . . .- t �- _ rirce"' #'- . . . .. k . _?i... . , -�:.� S .t t .i . _♦�::. . .. . ;."' -• . �. � K r. . at:-. '+ � . f.s x .�tr ' �fy . , � A .. i. (I`s � .� L i -- f �' -b .cY - ! 0.F .a : k- . ; '�.�- '�$ €r - } a. .. _ - - • • .ns,.r " <:. CRma LE T _ • i). located east of the Durham Elementary School. According to the applicant, the school has asked to purchase the original substation site in order to expand the school. 5. Agemay_and NPO Commenta The Engineering Division has reviewed the proposal and offers the following comments: The purpose of this proj.ct is to provide site improvements for the construction, operation, and maintenance of a substation facility to be installed upon the southern portion of the Durham Sewage Treatment Plant property. This will require filling within the floodplain. Findings: 1. Development within the 100-year floodplain requires a sensitive lands permit. The sensitive lands ordinance requires that the proposed fill "shall preserve or enhance the...maintenance of the zero-foot rise floodway and shall not result in any narrowing of the floodway boundary." The ordinance further requires that the proposed fill can "... not result on any increase in the water surface elevation of the 100-year flood." Although a zero-foot floodway has not been determined in this area, the proposed fill is not expected to increase the floodplain elevation because it im within a fringe area designated as "flooded area from inadequate drainage." Consequently, the requested sensitive lands permit should be approved. 2. The submitted site plan shows that stockpile material will be covered with plastic tarps and that fill and slopes will be covered with compacted crushed rock. The Building Division points out that a fill permit will be required and can be obtained from the Building Division. Tigard Water District, General Telephone, Fire District #1, the City of Durham, NPO 0, and NPO #6 have reviewed the proposal and have no objections to it. no other comments have been toot:Oed, . FINDINGS AND CONCLUSIONS The applidable criteria in this bade are comiathity beveloptheht code Oh4Pteje8 16.84, 18 130, 311460, 18.114, 1.0.104 and 18 100 and P140 POIldied 14.10 1.44i and 1.444 .60A40# REPbRT ,,, PGE $tA 46.0000000-000 PA,04. 3 `' " 4 2. • ;k.;;.1*, .4.1'7, 4J Sensitive Lands Permit (18.84) Section 18.84.040.A of the community Development Code contains the following criteria that must be .atisfied when the Hearings Officer reviews an application within the 100-year floodplain. 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary; 2. Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code shall ba allowed in areas designated residential subject to applicable zoning standards; 3. Where a land form alteration is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood; 4. The land form alteration or pedestrian/bicycle pathway in pededtrian/bicycle pathway plan, pathway is deemed by the Hearings development plan includes a accordance with the adopted unless the construction of said Officer an untimelv 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of a average annual flood; 6. The hecessary U.S. Army Corps of Engineers and Stated of Oregon Land Board, Division of State Lands approvals shall be obtained; and 7. Where land form alterations and/or development are allowed within an adjacent to the 100-year floodplain, the City ithall requite the dedidation of sufficient Open land area within and adjacent to the flOOdplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pededtrian/biCYcle pathway Within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The p roposed expandion of the POE substation is Consistent with the above Criteria. As Wad indicated in the Engineering Division comments, a zeta.foot floodway has not been determined in this area. HI:Mel/erg the proposed 1,000 cubic yards of fill is not expected to increase the water surface elevation of the 100-year floOd ot result in any nartoWing of the floodway boundary elevation because 1) a relatively small amount Of fill is peopoSed and it is within a fringe area designated as stAlo• hAT POE sth 00 -000t/d0090...000 PAGE 4 .k,ta • " • "flood area from inadequate drainage." Furthermore, the applicant has indicated that the fill material will consist of native on-site soil. The use of on -site fill material should result in no net change to either the flood elevation or the floodway boundary. The Comprehensive Plan designation for this site is Light Industrial as required by Subsection 18.84.040.A.2 noted above. With respect to Subsections A.4, A.5, and A.7, the staff recommends that neither the inclusion of a pedestrian /bicycle pathway nor dedication of open area should be required at this rime. The location of the pathway has not been decided and the pathway might be better located either north of the mite of the substation or south of the Burlington Northern rail' oad tracks in the City of Durham (no discussion with the City of Durham has occurred with regard to the latter possibility). As a condition of approval the Engineering Division has required that the applicant obtain permits from the US Army Corps of Engineers and. Division of State Lands. It is staff's understanding that the applicant ie in the procede of obtaining these permits. Conditional Use (18.130) Section 18.130.040 of the Code contains the following general approval criteria for a Conditional Uso: 1. The site size and dimensions provide: a. Adequate area for the neede of the proposed use; b. Adequate ar =a for aesthetic design treatment to mitigate possible adverse affects from the uee on surrounding properties and uses. 2. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography and natural features. OS- All required public facilities have adequate capacity to serve the proposal. 4. The applicable requirements of the zoning district are met except as modified by this chapter. 5 The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review if applicable, are met. 6. The use will comply with the applicable policies of the Comprehensive Plan. The proposed expansion of the PGE substation is consistent with the above criteria except for the provision of ocreening along the west and STAFF REPORT - PGE -+ SLR 90- .0005 /CUP90 -0003 PAGE 5 south property lines discussed below. Otherwise, the site provides adequate area for the needs of the existing water treatment facilities and the =Pension of the substation and allows adequate area for separation of the proposed expanded substation from adjacent mats so as to minimize noise and odor impacts. There are no apparent physical obstacles to placement of the proposed expanded substation on the site Public facility providers have not commented that their facilities would be unable to serve the proposed development. I-P Zone (18.68) and Site Development Review (18.120) The proposal satisfies Code Section 18.68.050 dimensional requirements of the I-P zoning district and the site development review approval standards of Section 18.120.180. There is no minimum lot area requirement and the approximate 60 acre site exceeds the average minimum lot width requirement of 50 feet. The utility is located on the southern portion of the site far from the front property line so the 35 foot front yard setback requirement is satisfied. No side yard setbacks are required because the proposal does not abue a residential district and building separations meet the Uniform Building Code :equirements. The facility does not exceed the 45 foot height requirement. A large portion of the site is maintained as undeveloped, landscaped, open space. Except for additional screening along the west and south property lines the proposal exceeds the requirement that 25 percent of the site be landscaped. Adequate vision clearance is provided at all driveway and von i intersections and the driveway Serving the substation is paved and curbed. Screening (18.100.080) As required by Section 18.100.080 the applicant should be required to provide screening it the form of a roW of evergreen trees or a hedge at least 5 feet high at the tima of planting along the weot property line and along the southern frontage abutting the railroad tracks. Signs (18.114) A sign permit shall be obtained prior to the installation of any sign in accordance with the provisions of Section 18.114 of the Community Jo Development code. Comprehensive Plan Policies The proposed expanded use complies With applidable Plan poi:Wiwi as follow: Policy 2.1.1 is satisfied because NPO #5 and NPO #6 have been informed of the proposal and have been given an opportunity to comment on the proposal. In addition, notice of the public hearing and the opportunity to comment on the proposal has been sent to nearby property owners and advertised in the Tigard Times. STAFF REPORT - PdE e SLR 90-0005/CUP90-0003 PACE 6 ,.,,; rsi4I• 71: •„tk■fil ' Policies 3.2.1, 3.2.2.b, and 3.2.3 are satisfied because the 1000 cubic feet of fill is to occur in the fringe area of the floodplain. The use of on-site material is expected to preserve the function of the zero- foot rise floodway. The fill is occurring in an industrial area, and the expansion of the substation is not expected to impact the streainf ow capacity. The portion of the site to be developed for use as a substation does not abut residential neighborhoods nor is it considered a good route for the pedestrian /bicycle pathway. A better location for the pathway would be either just north of the substation or south of the Burlington Northern railroad tracks Policies 7.1.1 and 7.1.2 are eatiefied because the reviewing utility providers have not indicated that existing water and other utilities have inadequate capacity to serve the proposed expanded substation. Policy 7.7.1 is satisfied because the proposed expanded substation will provide a necessary public £.cilitiea to meet the demands of the rapid growth in Washington County and Tigard. C. RECOMMENDATION 1.: The Planning Division recommends APPROVAL of Sensitive Lands Review SLR 90 -0005 to allow 100 cubic yards of fill to be located in the fringe are of the floodway and Conditional Use CUP 90-0003 to allow expansion of the existing PGE substation. Approval should be subject to the following conditions: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF A FILL PERMIT r 1. A permit shall be obtained by the applicant from the US Army Corps of Engineers and Division of State Lands, (Authority: Section 404, Clean Water Act, and ORS 541.505 to 641.595). A copy of the permit shall be provided to the City Engineering Division by the applicant. STAFF CONTACT: Greg Berry, Engineering Division (639- 4171). 2. The applicant shall obtain a fill permit. An erosion control plan conforming to "Erosion Control Plans - Technical Guidance Handbook, November provided as part of the fill 1389 °' shall be 11, permit. STAFF CONTACT: Brad Roast, Building Division (639 - 4171). THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO OBTAINING A BUILDING PERMIT: A landscaping plan :hail be submitted showing screening along the south and west property lined in the vicinity of the substation location. The screening shall consist of a 'row of evergreen trees or an evergreen hedge either: of which Shall be at least 5 feet in height at the time of lantin STAFF CONTACT: V. . g P g � GoodOin Planning Division (639 - 4171): •STAFF 2EPORT PGN - SLR 90- 0005 /Od006,0003 ..PAGE.7 THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO OCCUPANCY: 5. All landscaping materials shall be installed in accordance with an approved landscaping plan prior to occupancy or a cash deposit, letter of credit, or other' performance assurance shall be provided by the applicant. STAFF CONTACT: Vi Goodwin, Planning Division (639- 4171). Tati2 APPROVAL IS VALID IF EXERCISED WITHIN 18 MONTHS OF THE FINAL DECISION DATE. .PREPARED BY Viola R. Goodwin Assistant Planner u, APPROVED BY: Keith S. Liden Senior Planner •SUPPREPORT -PQE -8 LR 00 0004/C0000,46003. WiQE 8 • MEMORANDUM CITY OF TIGAR OREGON TO: Pat Reilly, City Administrator PROM: Ed Murphy, Director of Community Development DATE: June 14, 1990 SUBJECT: CPA 90 -0005 and BOA 90 -0001 Sensitive Lands The proposed amendments would allow community recreation used, utilities, and public support facilities to occur within the 100 year floodplain in areas designated for residential uses. These sees would be subject to appropriate zoning standards and,, in the case of community recreation and utility uses, conditional use .standards ms . well as sensitive lands standards. The amendment concerning community recreation is necessary in order to w, implement improvements identified in the parks improvement levy. Additionally, it will allow new construction of recreation facilities in locations where • they cannot now occur, Certain uses found in the other two use types, utilities and public support facilities, are appropriate within the floodplain. It is appropriate to make these changes now. Since the construction season is nearing, it is necessary to move quickly on this matter. The Planning commission will hold a hearing concerning the proposed amendments on Oune 19. The ordinance prepared on this issue declared an emergency. - • CM OF TTGARD, OREGON ORDINANCE 110. 90- AN ORDINANCE AMENDING CCMPREBENSIVE PLAN POLICY 3.2.2 AND 3.2.3 AND TIGARD MUNICIRNG DE (IMO MAZUR 18.84, ALLOWING ALTERATIONS IN ME 100-EAR mamma; Iii AIMS IMMUINATIM AS RESEDENIUAL FOR mallai CrONDOW BaSEMTION, UMULTIN4 AND POEM SUPPORT maccaser AND Do* 1, AN EMERGENCY. TABEREAS: Corcumehensive Plan Policy 3.2.2 and MC Chapter 18. 84.040 prohibit any land form alteration or development within the 100-year floodplain. in an area designated as residential on the aaraprebensive Plan land Use Map; and 1.101"V the City Council considers certain uses within the community recreation utility, and Walla support facility categories as defined in the cmity Development Code Section 18.42 appropriate in the 100-year floodplain in areas designabed residential; and WBEREAS, Comprehensive Plan Policy 3.2.3 sets requirements for allowed land facia alterations and dew-laments within the 100-year floodplain; and WHEREAS, certain requirements required by Ctairmehensive Plan Policy 3.2.3 may not be necessary in save cases; and WHEREAS, the Park improvement Levy -implementation cannot ilmceed Wilk-ht tbeSe amendments. ems airy OF TIGARD CiRDA311S AS MUMS: 8tIOTtON_2t pooptehetigitst Plan Policy 34. and 3.2.3 and Tmd chaptee ig.84 is hereby arnanded as in Elahibit bracketed portiont are deleted; nh.der—iined pottions ate Added. emergency is hereby Addle:red to exist ihasmodh as is . „ necessary for the health and safety of the people of the City that park ispedosidOs prOd664 as planned; therefore, this ordinance Shall beddine effective immediately upon pasSage by the City dd aPPitnta by the Myar, aM tdOstitil by the city ttittit • dRiliitki.1 Paige I p: k fi!?. ak".it! 1.44 ; 44, ,$ "' PASSED: By _. vote of all Council members present after beingt read by number and title only, this day of 1990. 1 ]E VED This day of Acrd as to foam; City Attorney Date Catherine Iihea.tley, City Recorder 1990. Gerald R. Edwards' Mayor ORDINANCE No. Page 2 COMPREHENSIVE PLAN POLICIES. S EZEXBXT WA I 3.2.1 THE CITY SHALL PROHIBIT ANY LAND FORM ALTERATIONS OR DEVELOPMENTS ENTS IN THE 1OO -YEAR FLOODPLAIN WHICH WOULD RESULT IN ANY RISE IN ELEVATION OF THE 100-YEAR FLOODPLAIN. 3.2.2 THE CYTY SHALL: a. PROHIBIT LAND FORM ALTERATIONS AND DEVELOPMENT IN THE FLOODWAY *, EXCEPT ALTERATIONS MAY RE ALLOWED WNxC i PRESERVE OR ENHANCE THE FUNCTION AND MAINTENANCE OF THE ZERO -FOOT RISE FLOODWAY* i AND NS OR DEVELOPMENT IN THE b. [FLOODPLAIN* OUTSIDE LAND T THE RO- -FOOT RISE Fi ODWAY* [EXCEPT AS FOLLOWS s] WHICH i2E$EBV Oid ENHANCE TSE LUNCTIO! OF THE ZERO-FOOT Ristg FLOODWAY *. PROVIDED: . CH PRESERVE OR 1. [LAND NANCE THE FUNCTION OF�STOE ZERO FOOT RISE PLOODWAY *. J THE LAND- FORM ALTERATION AN_ID OIt li3 LOPMENT IS IN AN . AR Eh DESIGNATED COMMERCIAL OR INDiJSTRIAY. ON THE COME_WENSIXE FLAN LAND . USL IMP. ANiD . FACTOII SE, , FOATH..1N POLICY :3.243 SATIEE MPIAB 2. . [ M ANDEVELOPMENT SHALL DESIGNATED BE ALLOT ED WHERE. BOTH SIDES OF THEN FLOODPLAIN* TED A,S EITHER INDUSTRIAL OR COMMERCIAL ON THE COMPREHENSIVE PLAN t4APQ AND THE FACTORS SET FORTH IN POLICY IV. B. 3 CAN BE SATISFIED.] ' TBE LARD FORM ALTERATION _ .?7jD /OR - D VELA N.9L IS ASSOCIATED COMMUNITY . RECREATION USES __ UTILYTIF° a Ol(I PiIBLIC ..P.ggT FOACILITIES . AS DEFINED IN CHAPTER 18.42 o TEE a____ ITY DEVELOPMENT CODE . AND . THE - - FACTORS SET FORTH -IN ;POLICY -- 3.2.3 CAN BE SATISFIED, [3 LAUD FORM ALTERATIONS AND DEVELOPMENT SHALL BE ALLOWED WHERE ONE SIDE OF THE FLOODPLAIN* IS PLANNED FOR COMMERCIAL AND INDUSTRIAL USE SUBJECT TO THE FOLLOWING LIMITATIONS:1 a) THE LAND FORM ALTERATION OR DEVELOPMENT IS ON LAND DESIGNATED ON THE COMPREHENSIVE PLAN MAP FOR COMMERCIAL OR INDUSTRIAL USE THAT ALTERATIONS O . . , DEVELOPMENT INTO APPLICANT HE FLOODPLA N OW IS REASONABLE AND NECESSARY TO BETTER THE ECONOMIC USE OP THE SITE;) [ (d) THE FACTORS SET FORTH IN POLICY IV. B. 3 CAN BE SATISFIED.] 3.2.3 WERE LAND FORM ALTERATIONS AND DEVELOPMENT ARE ALLOWED WITHIN T 100 -YEAR FLOODPLAIN* OUTSIDE THE ZERO- FOOT RISE FLOODWAY *, THE CITY SHALL REQUIRE: a. THE STREANFLOW CAPACITY OF THE ZERO -FOOT RISE FLOODWAY* BE MiAINTAINED; b. ENGINEERED DRAWINGS AND OR DOCUMENTATION SNOWING THAT THERE WILL BE NO DETRIMENTAL UPSTREAM OR DOWNSTREAM EFFECTS IN THE FLOODPLAIN* AREA, AND THAT THE CRITERIA SET FORTH IN TER SENSITIVE LANDS SECTION OF THE CODE HAVE BERN MET (See FIS September 1981); c A BUFFER, EITHER EXISTING' OR PLANTED, ON TM COX ERCIAL` OR INDUSTRIAL LAND ABUTTING RESIDENTIAL LAND WHICH ADEQUATELY SCREENS THE DEVELOPMENT FROM VIEW BY THE ADJOINING RESIDENTIAL LAND, AND ICH IS OF SUFFICIENT WIDTH TO BE NOSE ATTENUATING; AND d. TM ' DEDICATION OF OPEN LAND AREA FOR GREENWAY ADJOINING THE FLOODPLAIN* INCLUDING PORTIONS AT A SUITABLE ELEVATION FOR THE CONSTRUCTION OF A PEDESTRIAN /BICYCLE PATHWAY WITHIN THE FLOODPLAIN* IN ACCORDANCE WITH THE ADOPTED PEDESTRIAN BICYCLE PATHWAY PLAN 3.2.4 THE CITY SHALL REQUIRE THE DEDICATION OF ALL UNDEVELOPED LAND WITHIN THE 100-YEAR FLOODPLAIN PLUS SUFFICIENT OPEN LAND FOR GREENWAY PURPOSES SPECIFICALLY IDENTIFIED FOR RECREATION WITHIN THE PLAN. * The Floodplain and Floodway, asp defined by the Flood Insurance Study for the City of Tigard dated September 1, 1981. 3.3 NATURAL RESOURCES Findia g t . . _: ravel extraction areas 1 aehind ©o the � � !ve P ock a� g o Currently there and went of Ti ®ard° a lannin area within Beaverton and W gb n County. o There is one activo Mineral or aggregate resource within the T.. igard Planning. Area, known ad the Durham Pite, which id operated by Wa®hington County. O P LICY: SUPPORT THE EFFORTS OF WASHINGTON COUNTY 3:3.1 THE CITY OF TIGARD SHALL BEAVERTON AND THE METROPOLITAN SERVICE DISTRICT' TO ENSURE THE AVAILABILITX` OF THE ROCX MINERAL RESOURCES: COMMUNXTY DEVELOPMENT CODE 18.84.040 Api roval Btsndavda A. The Fearing® Officer ehal1 make f indinge that all of the following criteria are eatiefied when approving, approving with conditions, or denying an application request within the 100 -year floodplain: 1. Land form alteration® shall preserve or enhance the floodplain storage function and maintenance of the zero -foot rifle floodway 'shall not result in any narrowing of the floodway boundary; 2. [The) [ljViand form alteration or developments within the 100 -year floodplain ehalt be allowed only in [an] areas designated an commercial or industrial on the comprehensive plan land use map[; ]4 e cent that :alterations or eevelo mente associated with community ecrea on uses utilit es or • ublic an •: • rt.- acilit . es as de ned n C:ha er ],8 42 of the C:ommuni Develo meat -.. Code shall b; allowe as.. d in are deei.cxnated ree .dential_ eub1ect to mpipltcable ISoninq pitaYldarde; . Where a Land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100 -year flood; e The `o he land form alteration r development plan includes a T l ® edeetrian bicy pathway in accordance with the adopted pedestrian /bicycle pathway plan,, unless the construction of said pathway is deemed ' by the Eearinge Officer as u.ntiatelya 5. The plans for the pedestrian /bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; 6. The necessary B. S. Amoy Corps of Engineers and State of Oregon Land Board, Division of State Lando approvals shell be Obtained; and Where land forlA alterations and /or development are allowed within a and scent to the 100-year fl oodplain, the City shall require the dedicat ion of sufficient open land area .within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions Of a suitable elevation,for the construction of a pedestrian /bicycle pathway w floodplain in ithin the flc accordance with the adopted pedO trim /bicycle pathway plan. B. The Director shall make findings that all of the following criteria are satisfied when approving, approvin g with conditions, or denying an application request for a sensitive lands permit on slopes of 25 percent or greater or unstable ground: 1. The extent and nature of the proposed land form alteration or development will not-create site disturbances to an extent greater than, that required fOr the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other averse on -site and off -site effects or hazards to life or ,property.; 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl apace areas for development with any of the following _®oil conditions: wet /high water table; high shrink-swell capability; compressible /organic; and shallow depth-to-bedrock; an 4. Where natural vegetation has alteration or development,:. the impervious surfaces will be accordance with Chapter 18.100, been removed due to lend form areas not covered by structures or replanted to prevent erosion in, Landscaping and Screening. C. The Director shall make findings that all of the following Criteria are satisfied n app roaing, app rovin g with conditions, or denying an application request for a sensitive lands permit within drainageways po l i. The extent and nature of the proposed land form alterations ' or development will not create site disturbances to the extent greater than that required 'for the use; 2. The proposed land form development will not result in p po ora�e alteration or dev ®lo n erosion, stream sedimentation, ground instability, or other adverse on -site and off -site effects or hazards to life or property; 3. The water flow capacity of the drainageway is not decreatied; Where natural vegetation has alteration or development, the impervious surfaces will be accordance with Chapter 18.100, been removed due to land form areas not covered by structured or replanted to prevent erosion in Landscaping and d screening; 6. The drainageway will be replaced by a - public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan. 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. Where landf Oran alterations and/or development are allowed within And adjacent to the 100 -year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the f10odplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. (Ord. €39 -06 Ord. 87 -66; Ord. 87 -32; Ord. 86 -08; Ord. 84 -29; Ord. 83-52) CITY OE TIGARD OREGON COUNCIL AGENDA - ITEM SUMMARY AGENDA OJ' -. June 25 1990 DATE SUBMITTED s June _ 14 1990 ISSUE /AGENDA TITLE: CPS -05 BOA ,d -0 F.' IOUS ACTION: NONE 4e if r DEPT. HEAD 0 CITY ADMEN OK Alt ma, measmonsmgiumsaarmcauaa=aaas==saaa= ===mra == .;. > r+sommu mcsa= aaoessffiaaaaasaas ====ss:saaa>tsnasa===m==arias: POLICY ISSUE Should the City allow ueea contained in the community recreation, utility and public support facility category within the 100 year floodplain in areas designated residential. ORMbTXOiJ . SUMMARY In order for the City to proceed with implementation of the parka improvement levy it is necessary to amend the T.M.C. and Comprehensive Plan to allow land Loral alterations associated with community recreation in the 100 year floodpLain in areas designated. residential. Other uses considered appropriate are contained in the utility and public support facility categories and it was determined to be most efficient to make these changes at one time :mutes:s==== i ar===m aas====sais == memo =am>aammo ao pumumerumumnma = ===== maw =ice ==== saa>ri======= ALTERATIVES CONSIDERED 1. Make no changes. 2. Make changes only to allow community recreation uses. 3. Make all proposed changes. = aria.: = == a>`> = = = = = =s= = = = = = = = ==imm = = == ==a = ===== FYSCAL IMPACT none ft=== =tizc.m$mi == a == acs =pam=pt asc===== =t: ===;In sans === ;;:assas=... =—..zc�._:: :...> ==iti Adopt the attached Ordinance SUGGESTED ACTION r. ,P14. f . LAN TR: ST. aLit, Ir. 11 11111,1111.. °M Mt No mow -� i■� r « URCHILL S.W. PATTI LN. 4TFO 1,r NEIL GOLUSCHMIDT GOVERNOR OREGON STATE LAND BOARD NEIL GOLOSCHMIDT Governor BARBARA ROBERTS Secretary of State ANTHONY MEEKER State Treasurer Division of State Lands 775 SUMMER STREET, SALEM, OREGON 97310 PHONE (503) 378-3805 July 30, 1990 Mr. Bruce Carroll Portland General oElectric Co. 121 SW Salmon Street, 3WTC3 Portland, OR 97204 Roadside Ditch Adjacent to Fanno Creek Dear Mr. Carroll: I have reviewed your permit application to culvert the above-mentioned ditch. Since the ditch has been created from upland and is not a natural waterway, the Removal-Fill Law does not apply to the project. Thank you for providing the information nece8sary to make a clear determination on the project. If you have any questions, please feel free to call. Sincerely, KFB/baw ken:324 May 21, 1990 REQUEST FOR COMMENTS TO: Tigard Water District FROM: Tigard Planning Division RE: SLR90-0005 DURHAM SUBSTATION RECEIVED NNW MAY 29 1990 SENSITIVE LANDS 90-0005 CONDITIONAL USE 90-0003 PORTLAND GENERAL , ELECTRIC NPO #5 A request for Sensitive Lands review approval for filling in a designated floodplain (approximately 2000 cubic yards) to provide for the construction, operation and maintenance of a substation facility to be installed upon Unified Sewerage Agency's property. Applicant also requests Conditional Use approval to allow for a major modification to the existing conditional use utility. ZONE: /-P (Industrial Park) LOCATION: Southwest corner of USA Treatment Plant site which is located at the southeastern corner of the intersection of SW Durham Road and SW 85th Avenue. Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to °Ur staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by O/31/9Q. You may use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT:eAlr) (A- PLEASE CHECK THE FOLLOWING THAT APPLY: _Z.. We have reviewed the proposal and have no objections t it. Please contact of our office. Please refer to the enclosed letter. Comment: Name Of Person Commenting:. telephone ■■■■111■11111,1,1MY■ii■ii161■11■1■17.6 John P. Miiioti Adititiimtt4tot • . "7- 4,4" '+ • • May 21, 1990 REQUEST FOR COMMENTS TO: General Telephone Co. FROM: Tigard Planning Division RE: SLR90-0005 DURHAM SUBSTATION CEIVED PUNNING MAY 25 1990 SENSITIVE LANDS 90-0005 CONDITIONAL USE 90-0003 PORTLAND GENERAL ELECTRIC NPO #5 A request for Sensitive Lando review approval for filling in a designated floodplain (approximately 2000 cubic yards) to provide for the construction, operation and maintenance of a substation facility to be installed upon Unified Sewerage Agency's property. Applicant also requests Conditional Use approval to allow for a major modification to the existing conditional use utility. ZONE: (Industrial Park) LOCATION: Southwest corner of USA Treatment Plant site which is located at the southeastern corner of the intersection of SW Durham Road and SW 85th Avenue. Attached is the Bite plan and applicants itatcment for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If , you wish to coMment on this applidation, we need your comments by 05/31/90. You may use the apace provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing ae soon as pcnsibie. /f you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Bivde, Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT:,31NArt) PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the propobal and have no objections to Please contact Please refer to the enclosed letter. dommente: of our bOide. Name of person Commenting* Telephone ndmber: vormairommon rormorrosuommummamomerwww....■ REQUEST FOR COMMENTS Hay 21, 1990 TO: Fire District #1 PROM: Tigard Planning Division RE: SLR90-0005 DURHAM SUBSTATION SENSITIVE LANDS 90-0005 CONDITIONAL USE 90-0003 PORTLAND GENERAL ELECTRIC NPO 5 A request for Senoitive Lands review approval for filling in a deoignated fluodplain (approximately 2000 cubic yarda) to provide for the construction. operation and maintencnce of a substation facility to be installed upon Unified Sewerage Agency's property. Applicant also requests Conditional Use approval to allow for a major modification to the existing conditional um utility. ZONE: I-P (industrial Park) LOCATION: Southwest corner of USA Treatment Plant oite which Jo located at the ooutheastern corner of the intersection of SW Durham Road and SW 85th Avenue. Attached is the site plan and applicanto otatement f4 information supplied by various departments and agen4 information available to our staff, a report and recd prepared and a decioion will be rendered on the PreP4 you wish to comment on this application, we need youa You may uoe the space provided below ar attach a ep4 your comments. If you are unable to respond by the 4 the staff contact noted below with your comments and writing aa soon -ao possible. If you have any guestiol contact the Tigard Planning Department, PO Box 233971 Tigard, OR 97223. PHONE: 639-4171. STAPP CONTACT:,--14 dkr PLEASE CHECK THE FOLLOWING THAT APPLY: TUALATIN VALLEY FIRE 8: RESCUE AND BEAVIERTON FIRE DEPARTMENT., We have reviewed the proposal and have no objections to it. Please contact our office. Please refer to the enclosed letter. Commente: GENE DIRCHILL Deputy Fire Marshal/ Plans Examiner 503-526.2502 FAX 526-2536 4755S.W.GliffithDdiro• Boa Oregon %Ott ..owsonessomastano. .sro* �J May 21, 1990 TO: REQUEST FOR COMMENTS PROM: Tigard Planning Division RE: SLR90 -0005 DURHAM SUBSTATION SENSITIVE LANDS 90 -0005 CONDITIONAL USE 90 -0003 PORTLAND GENERAL ELECTRIC NPO #5 A request for Sensitive Lands review approval for filling in a designated floodplain (approximately 2000 cubic yards) to provide for the construction, operation and maintenance of a substation facility to be installed upon Unified Sewerage Agency's property. Applicant also requests Conditional Use approval to allow for a major modification to the existing conditional use utility. ZONE: I -P (Industrial Park) LOCATION: Southwest corner. of USA Treatment Plant site which is located at the southeastern corner of the intersection of SW Durham Road and SW 85th Avenue. Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be a rdedp our comments by 05 future. if you wish to comment on this application, we the proposal in the y 05/31/90: You may use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as loon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: ekti ` CAff PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to it. MINIMIMINM Please contact Please refer to the enclosed letter. Cotiniente s Name of person commenting:. Telephone number:.. of our office. y psi 2 5 A990 May 3, 1990 it 1 REQUEST FOR COMMENTS TO: sf...0 ___- FROM: Tigard Planning Division RE: SLR90 -000B DURHAM SUBSTATION SENSITIVE LANDS 90-0005 CONDITIONAL USE 90-0003 PORTLAND GENERAL ELECTRIC NPO #5 A request for Sensitive Lands review approval for filling in a designated floodplain (approximately 2000 cubic yards) to provide for the construction, operation and maintenance of a substation facility to be installed upon Unified Sewerage Agency's property. Applicant aloo requests Conditional Use approval to allow for major modifiOation to the existing conditional use utility. ZONE: /-P (Industrial Park LOCATION: Southwest corner of USA Treatment Plant site which is located at the southeastern corner of the intersection of SW Durham Road and SW 85th Avenue. o Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, We need your comments by 05/14/96. You may use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT:j0fT 0 0' PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Comments: ,e. - Name of person commenting: \(-4.4)‘4._,...11? (444 Telephone number:..-S-VLI . NIAY iggi).• • REQUEST FOR COMMENTS May 21, 1990 TO: Building Division FROM: Tigard Planninl Division REs SLR90 -0005 DURHAM SUBSTATION SENSITIVE LANDS 90-0005 CONDITIONAL USE 90-0003 PORTLAND GENERn ELECTRIC NPO #5 A request for Sensitive Lands review approval for filling in a designated floodplain (approximately 2000 cubic yards) to provide for the construction, operation and maintenance of a substation facility to be installed upon Unified Sewerage Agency's property. Applicant also requests Conditional Use approval to allow for a major modification to the existing conditional use utility. ZONE: I-P (Industrial Park) LOCATION: Southwest corner of USA Treatment Plant site which is located at the southeastern corner of the intersection of SW Durham Road and SW 85th Avenue. Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to COMMnt on this application, we need your comments by 05/31/90. You may use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, pleabe phone the Staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: 36(1(1i aqe-A,K PLEASE CHECK THE FOLLOWING THAT APPLY We have reviewed the proposal and have no objections to it Please contact Please refer to the enclosed letter. (.1 of our office. Name of person commenting: Telephone number: 4 „'■144„'..„..''....,„„17 " May 3, 1990 REQUEST FOR COMMENTS TOs FROM: 'Tigard Planning Division RE s SLR90.0005 DURHAM SUBSTATION SENSITIVE LANDS 9 0°° d review approval 0005 CONDITIONAL USE 90.0003 PORTLAND CE ELECTRIC NPO #5 A request for Sensitive Lando pp for filling in a designated floodplain (approximately 2000 cubic yards) to provide for the construction, operation and maintenance of a substation facility to be installed upon Unified Sewerage Agency's property. Applicant also requests Conditional approval to major modification to the existing conditi on al use utility. ZONE: lf � (IndustrialParsjLOCATION: Southwest corner of USA Treatment Plant site which is located at the southeastern corner of the intersection of SW Durham Road and SW 85th Avenue. Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by 05/14/90. You may use the space provided below ar attach a separate letter to return our comments. If you are P are unabls� to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd, Tigard, OR 97223. PHONE: 639 -4171. D STh 1' CONTACT V D -C-reir PLEAS CHECK THE FOLLOWING THAT APPLY: We have reviewed the proponal and have no objections to it. Please contact Please refer to the enclosed letter. Comments of our office. Name o f per ®on cordment n Telephon ®n NENORANME TO: City of Tigard Planning Commission FROM: Bruce Carroll DATE: May 18, 1990 SUBJECT Durham Substation In 1990, PGE contracted with USA and began design for expanding USA's substation located at the south end of the plant.. A portion of the substation expansion requires that a fill be placed along the east side of the substation site Pending permit approvals, the fill will be placed in an existing ditch. The bottom of the existing ditch is at 120-ft elevation. After the ditch is filled, a final grade will be at 126-ft elevation. About 1,000 cu yd of native on-site soil will be used to provide the fill material. PGE's original substation site was purchased 1974. It is located east of the Durham Elementary School. The Tigard School District has asked to purchase this site for school expansion. Prior to the school being moved across from the proposed substation site, the site was excavated, graded and fenced in preparation for construction. A request has been mad of POE to look at other properties 'or possible substation relocation based on the school's request to purchase. One option was to relocate the substation site to United Sewer Agency (USA) Duram Treatment Plant south of Durham Road. ghould you have any additional questions, please call Bruce Carroll at 464-8126. BC/sm s-1657b eto NO 1t 1990 CA IV 4,, '1,PARD MANNA gEni '4•°`. " "" ' ; EIENDIMIN TO: Bruce Carroll FROM Ron Klein, Wildlife Biologist PGE Environmental Services DATE: May 18, 1990 SUBJECT: Soil Classification of USA Substation is designated nloam the Durham toutheaSoil. U.S. gu Silty clay Conservation Service (SCS) "Soil Survey of Washington County, Oregon (1982)°x. The survey indicates this soil type as a poor substrate for wetland vegetation. Because the survey was issued prior to hydric /nonbrdric soil classification as a wetland criterion, called Mt. Thor Thorson of the SCS to verify the status of McBee soils. He said this soil association was not a hydric soil. Based on the vegetation survey g conducted on April 23 (see attached) and the designated soil classification, the proposed area for substation a wetland and should not be subject to 404 permitting p is itting or other regulations related to wetlands. BC /sm s -165 7b .30 I�11 (eolt)(\ MAY 1990 v11Y L.i' IIuNIfP MANNING QED= MEMORANDUM TO: Bruce Carroll FROM Ron Klein, Wildlife Biologist PGE Environmental Services DATE: April 23, 1990 SUBJECT: Vegetation survey for the USA Durham substation expansion area Today, I visited the site of the proposed fill area for the Durham substation expansion. Vegetation in the area consisted of primarily upland and non- native species indicative of a disturbed site. Grass species were present, but were not mature enough for identification. The follow/Inns a list of the plant taxa present in the project area: Horsetail (Egyiseturn sp.) Curly Dock (Rumex arlgajis Hawthorne (CriigagLis sp.) Himalayan Blackberry (Rubus discolor Evergreen Blackberry (Rubus eagirus) Clover (Trifolium sp.) Scotch Broom VEL.Ls.sccmarkjis Vetch (Vicia sp.) Peavine (Lathyrus sp.) Filetree (Erodium cicutarkid Cleavers (Galium amtltA Teasel (Dipsacus sylvestris) Canadian Thistle (ViaiiJrn gy_veAO Bull Thistle (cirsium Vulgare) False Dandelion alypochaeris iiackajg) Prickly Lettuce (Lactuca gmisksj Annual Sowthistle (Sonchus oleraceus c: 13ill Lawson rjk,wp fr III 0 ME SUM C 3 G 109.9 09.2 109.9 1 109.9 319 318 317 77.39 "�TT.99 •< ISO 3300 109.9 316 a• N al 15 78.45 570.4 109.06 104.09 "' 109,00 v O OO iRIA RNEM C DSON . ©, L C d4., 4. , 50 50 ! . r to ffyy ,,4, 45 1 i� 150 1 1603 ,45Ac. a 109,00 + 150 S09° 57.E 1994.0 FROM oc0RN+ER S.r ICHAR0,3011 I 1 N N 1700 3.3Ac. 0 IN N 110.75 1701 N tY//w llYHffYi 150 1702 .434c, 116:3 1601 0 3340 0 s0 4J 2.13,50 100 -, 2t)4,62 666,8 1522 `' +J c, C iG� 1509, el 7A C N N 175 1503 4444c ..n;'IGL .. "', :. .x,., :d .Ai .. .. , r rs �:i� -±:Pi ,J i.S�}�,:ai''�'•I Ii.d tiuN Ciii lieliIttj 4ailiilt' iii! n.� CeetAdr' ai-e,:a O 46,4 N1W 1; 1990, �I f Y 1 I 16 1 i PLANNING DEPT, TO: We Waldon, Land Agent Property Service FROM: Ron Pomeroy, Development Assistance Planner DATE: May 18, 1990 I spoke with Wes Waidon on May 15, 1990 as to the followings The City f Tigard is still in 'need of eight (8) additional site plans. These site plans Y g for the City o Complete The Request For Comments Notification. ® The City allows 1 Y y for the return of such comments. City 0 days Therefore the application for PGE substation (CU 90. 0003 is tentatively rescheduled for Juno 14, 1990. Please contact Mr. Keith Liden for a definite hearing date. City become narrative concerning the nature of Also, the cit would narrative w�.11y ®bs narraa permanent addition to the the development. development file. I spoke with Mr. Carol. on May 18, 1990 , F.G.E. will submit the above items on 5/18/90. TO: Jerry Offer FROM Greg Berry RE: MEMORANDUM CITY OF TIGARD, OREGON SLR 90-0005 DURHAM SUBSTATION May 14, 1990 Description: The purpose of the project is to provide site improvements for the construction, operation and maintenance of a substation facility to be installed upon the southern portion of the Durham Sewage Treatment Plant property. This will require filling within the floodplain. EILIARO: 1. Development within the 100- year floodplain requires a sensitive lands permit. The sensitive lands ordinance requires that the proposed fill "shall preserve or enhance the ... maintenance of the zero- foot rise floodway and shall not result in any narrowing of the floodway boundary." The ordinance further requires that the proposed fill can "not result in any increase in the water surface elevation of the 100- year flood." Although a zero- foot floodway has not b..en determined in this area, the proposed fill is not expected to increase the floodplain elevation because it is within a fringe area designated as "flooded areas from inadequate drainage." Consequently, the requested sensitive lands permit should be approved. 2. The submitted site plan shows that stock pile material will be covered with plastic tarps and that fill and slopes will be covered with compacted crushed rock. Recommendations: le P permit shall be obtained by the applicant from the US Army Corps of Engineers and Division of State Lands, (Authority: Section 404, Clean Water Act, and ORS 541.605 to 641.695). A copy of the permit shall be provided to the City Engineering Division by the applicant. STAFF CONTACT: Greg Berry, Engineering Division (6304171). 2. The applicant shall obtain a kill petthit. An erosion control plan conforming to "Erosion Control. Plane - Technical Guidance Handbook, November 1969," shall be provided as part Of the fill Permit: STAFF ddNI'Adtt Brad koaet, Building Division (69-4111)4 APPROVED: Randall R. i��l�, Cit" eineer di/GE:Sir00-65.G0 6' . • . . . • , , . . . • .• PROPOSAL DESCRIPTION FILE NO: SLR 90 -05 CU 90 -03 FILE TITLE: DURHAM SUBSTATION APPLICANT: PORTLAND GENERAL ELECTRIC WES WALDRON 121 SW SALMON STREET PORTLAND, OR 97204 OWNER: UNIFIED SEWERAGE AGENCY 16580 SW 85TH AVENUE TIGARD, OR 97224 REQUEST: SENSITIVE LANDS REVIEW 90-05 CONDITIONAL USE 90 -03 PORTLAND GENERAL ELECTRIC NPO #5 Applicant requests Sensitive Lands Review approval for filling in a designated floodplain (approximately 1000 cubic yards) in able to provide for the construction, operation and maintenance of a substation facility to be installed upon Unified Sewerage Agency's property. Applicant also requests Conditional Use approval to allow for a major modification to the existing conditional use utility. ZONE: I -P (Industrial Par)). LOCATION: Southwest corner of USA Treatment Plant site which is located at the southeastern corner of the itersection of SW Durham Road and SW 85th Avenue. LOCATION: Southwest corner of USA Treatment Plant cite which is located at the southeastern corner of the intersection of SW Durham Road and SW 85th Aveir:';Us. ZONING DESIGNATION: I -P (Indu ©trial Park) COMPREHENSIVE PLAN DESIGNATION: Light Industrial NPO NO: #5 CHAIRPERSON: Craig Hopkins PHONE: 639 -5823 STAFF DECISION PLANNING COMMISSION DATE / _ .,. TIME t X HEARINGS OFFICER DATE _A 24.22 TIME 7:00 PM CITY COUNCIL DATE / . / TIME . :` X REQUEST FOR COMMENTS (see attached list) RETURN BY 5j11 9n ATTACHMENTS : ._X VICINITY MAP LANDSCAPING PLAN NARRATIVE ARCHITECTURAL PLAN a_X SITE PLAN STAPP CONTACT PERSON: &erry Offer PREPARE FOR PLANNER APPROVAL: ADVERTISEMENT TIMES /._/ OREGONIAN _ // X NOTICE _ TO PROPERTY OWNERS TO BE MAILED 5 02 90 LETTER OF ACCEPTANCE OF APPLICATION - /_ /_ NOTICE TO DLCD - ATTACHMENTS: t F ;r! -ye LEGIBILITY STRIP SEE MAP 2S I I2CC i OLD HWY 2171rg DURHAM T 1 ROAD-8 - 1083/336 NW 1/4 SECTION 13 T2S R I W WASHINGTON COUNTY OREGON SCALE "--f 2 0 0' [4 a .45 ,, I 70- .7 600 0 tr. 50.43AC. • a . ....,, 6007.Mt P. CO - OW. :.-- ..3 ' Id 2 356.5' 11 •, .., ; ,›- 0 :<", r 51L50 25 SEE MAP 65e • as 1 I 4A ttrArr tarisvr. pRopasc0 31Y*20c2- eiwer- 500 400 300 1.02 AC. 5.684e.- 0 tat IX/RNA)? ELEMENTARY !VOL 20-F 5' r— (CSAlo 11250 &Ns?" PC C! APCIA•WA2, CINEWitil-- et7.4NIZP . '' fAr ar.o.-N.; 7ift;Zes46:izoescar..7: 0441.. - . sec Parperic..sa-223o PsoStypoksr sue STA- ".-- /' 230074 23-78 PAPP4fED' 10-$440.'" ES1447-1- — /#3,V EXIS . FENCg- CarASE" AF.9.95,"- or; N s • 40: ■41 oc.,..,....a.„ce..)- cowE-iesm.r. m .._ gicto4ro,:pag49. paw-croc E-3774 4s C-0 R. - SEE MAP - 25 I 13C0 . • • Portland General Electric Convoy City of Tigard Attn Jerry Offer PO Sox 23397 Tigard OR 97223 pear Mr. Offer: Wes; .:;;; : ron LAND AGENT PROPERTY SERVICES April 26, 1990 MEW Portland General Electric 121 SW Salmon Street Portland, Oregon 97204 503/4648121 Attached is our application for a sensitive land review. This is our Durham Substation watch needs to be enlarged to accommodate the growth in this area (specifically USA). We are also working with the Corps of Engineers to identify and evaluate the wetlands issue. As seen as this report is available, we will be passing it on to you agenda meting. If an uestions We woaVe like to be on . feel free to meya.t4464gS121. y ®u h y questions WW /ad S= 021.2b . 83 Attachment Wes Waldron Property Services 121 S.W, Sairrior Street,. 13ottlihd, Oregon 97204 .°) LAN TR ST. S.W. PATTI • 4 FINDLAY .-* • . t' •: :`• , 4." 41t:, "14' .4 • 41. , • 3q //q JOINT SUBSTATION CONSTRUCTION AND MAINTENANCE AGREEMENT This Agreement is executed this day of 19.91, by PORTLAND GENERAL ELECTRIC COMPANY, an Oregon corporat on ("PGE“) and UNIFIED SEWERAGE AGENCY, an Oregon municipal corporation ("USA"). The parties desire to provide for the construction, operation and maintenance of a substaticn facility to be installed upon USA's property (the "Substation Property"). USA and PGE have executed a perpetual easement agreement (a copy of which is attached hereto as Exhibit I and incorporated herein by this reference) for, among other things, the operation of a substation facility (the "Substation Facility") upon USA's property (the "Easement Agreement"). The parties wish to provide for an agreement for the construction, operation, and maintenance of the Substation Facility for a period of 30 years. NOW, THEREFORE, in consideration of the payment of $1.00 (one dollar) and other good and valuable considerations the parties hereto mutually agree as follows: 1. Term of Agreement. This Agresment shall be effective for a term beginning at 12:00 noon on.440040 4; 19yitand ending 30 years thereaftef unless extended by mutual agreement or terminated pursuant to Paragraph 15. 2. Construction and Site Improvement. 2.1 PGE shall undertake construction and site • improvement of the substation Facility. It is contemplated that such construction and site improvement will be completed in late 1994. Construction will begin upon the execution of this Agreement and will include the following phases of construction. Phase 1 - Site improvement and installation of transformers, switchgear bus, distribution cables, and related equipment, as diagramed in the attached Exhibit II, to be completed in late 1989, or as Soon as practical thereafter. PhaSe 2 - A site expansion of approximately 16,500 sqUare feet including additional grading, guard rail installation and oil containment featUres, as diagramed in the attached Exhibit III, to be completed in late 1990, or as soon as practical thereafter. e 3, .Additiori41 trani ohd twit-ohge4t • diagramed in • the 4ttaohed. Exhibit TI t6Hitie 1 • completed when required by PGE but estimated at this time to be in late 1994, or as soon as practical thereafter. 2.2 The ownership of equipment and obligations for maintenance and repair shall be as allocated in Exhibits II, III, and IV. Except as stated herein, maintenance and repair of the equipment now existing or existing in the future on the Substation Facility shall be that of the respective owner thereof. USA's transformers and switchgear are and shall remain independent from the PGE equipment. 2.3 During construction, PGE shall maintain electrical service to the existing substation. PGE shall reasonably minimize any downtime through pre-scheduling and coordination of any shutdowns. PGE shall provide engineering and shall pay for all, site improvements performed by PGE and for physical relocation of existing underground air ducting. PGE shall repair any damage to existing landscaping caused by construction of the Substation Facility. 2.4 It is understood that PGE is solely responsible for all costs of development as described in paragraph 2 herein. Notwithstanding the foregoing, during construction USA shall, at its own cost, provide to PGE one or more lay-'down areas adjacent to the facility for storage, shall allow installation of temporary security fencing during the course of construction, and shall relocate such items of stored equipment as are now on the property to accommodate construction hereunder. 2.5 During construction PGE will take available to USA all engineering designs, blue prints, architectural, or other drawings ("the designs"). At its own cost, USA may have the designs reviewed by any staff or consulting engineers of its choosing for conflicts with existing water treatment facilities or future expansion. USA shall have seven days from the date of receipt for review. If USA doeS not advise PGE of any potential conflicts within 'hhe seven days, PGE may presume that thete are no conflicts and proceed with construction. If USA advises PGE of any conflicts with existing or future water treatment facilities, PGE and USA shall cooperate with each other to resolve the conflicts in conformity With the intent of this AgreeMent. 2.6 PGE shall avoid damaging any exiting structures and equipment of U8A during Construction. USA shall make aVailable to PGE all documents and information which it ow has or obtains r `," •••• •• '4"; , *4 i40 •■••,. • '14,, in the future regarding the structures and equipment. Upon approval by USA, PGE may relocate USA water treatment structures to accommodate the substation construction. As needed to accommodate specific construction periods, the parties shall cooperate with one another to minimize potential damage. In the event of damage to any of USA's structures due to PGE's negligence, PGE shall repair the damaged structure to the same or higher condition as it was in prior to such damage. If PGE fails to timely repair such damage, USA may do so and invoice PGE for the reasonable cost of repair. 3. Notice ofCLMTAX112:±1211AJILBWAIXA. PGE and USA agree to contact and consult one another regarding work performed over, under, upon, or near the substation site including repair, maintenance or pursuant to the oil spill protection plan and shall cooperate in site development. The parties shall give each other reasonable notice of their intent to perform any unusual construction or repairs within the Substation Facility or the easements granted in the Easement Agreement. No notice shall be required for normal water treatment plant operation, normal maintenance and repairs, or for effluent sampling. USA additionally shall give PGE at least three days' advance notice of its intent to perform any work within 12 feet outside of the security fence. PGE shall reasonably assist USA to avoid contact with the ground grid during any such work. 4. Substation Maintenance. 4.1 In consideration of the grant of the easements and the execution of this Agreement, PGE agrees that throughout the term of this Agreement it will provide the following services to USA without charge: (a) maintenance and repair of all 115 KV facilities east of USA's high-voltage diSconnect switches W-107 and W-109; (b) routine battery Maintenance; (c) monthly substation inspections of USA and PGE facilities by PGE substation maintenance personnel. Any inSpection reports prepared shall be substantially in form No MP -16G -ALL -001, as amended from time to time by PGE. Regular inspection shall include visual inspection of all equipment and structures; routine battery maintenance (inspection, testing, adding water and Cleaning electrical connections); annual infrared scans; and periodic motor-operated disconnect switch maintenance. POE shall provide J./8A with a copy of any inspection report prepared and shall adviSe USA of any situation requiring repair. Battery replacement Shall be solely at USA's eXpense. 4.2 Except as stated herein, maintenance costS incurred on the Substation Facility Shall be borne by the PartY aigned to 3 • w the respective zone as described in Exhibits II, III and IV. 4.3 PGE shall have the right to inspect the area allocated to USA for maintenance and repair of the Substation Facility. If, in PGE's opinion, repair or modification is necessary for safety or to insure continuous electrical service, PGE shall give notice to USA. In an emergency situation, repair or maintenance shall be made as soon as practical. If USA fails p to make such repair or maintenance, PGE shall have the immediate right, but not the obligation, to make such perform such modification. For the purposes of this Agreement, an emergency situation is any situation which has the immediate potential of causing serious personal injury, substantial property damage, or significant interruption of electrical service. 4.4 In the event of a non-emergency situation, PGE shall give 30 days notice to USA of the nature of recommended repairs or maintenance. If USA fails to make such repair or maintenance or to give PGE notice within the notice period that it does not believe the repair or modification is necessary, PGE may perform such repair o�. modif gives `' i p or modification. If USA ive� PGE notice that it disputes that the repair or modification is necessary, the parties l costs for any repair shall confer to resolve the dsputeto in PGE�a conformity with the intent of this Agreement. USA shall remii y or maintenance performed by PGE within 30 days of invoice date. 5. D str on voltage Connection. • g Agreement, PGE Shall provide 5.1 During the term of this A rsement PG to USA a distribution voltage connection between a and USA n PG switchgear to provide 13 KV power in the emergency'. In such event USA shall transformer shall promptly arrange Agreement, capacity. For the uroses of this g ment, an emergency is any time purposes ' normal transformers and °switchgear the are lunable to satisfy USA re USA's satisfy USA'S primary service and USA, gives notice of such interruption to PGE. 5.2 In the event of • an emergency, PGE i shall make i an n independent if its own transforme r capacity and existin g electrical requirements. If, in PGE's sole discretion, such indicates ndicates available transformer capacity, PGE shall 1) advise USA of the maximum capacity available and the anticipated Y length of time that su capacity ,,. will be available • ; c� provide any leng � ch available; 2 rovid this capacity to USA. PGE will give USA prompt noti y -J change in the amount of capacity available. 5.3 Although `l m reasonable effort to . PGE will make every as ... , 8Y • • supply the needed transformer capacity to USA, PGE is not required to take extraordinary measures to provide capacity and PGE is not required to bring on site emergency transformers or other equipment. Nothing herein is intended as a guarantee of any minimum capacity which shall be made available to USA or as requiring XGE to modify or add to existing transmission equipment. 5.4 PGE shall have the sole right to activate emergency service hereunder. After notice to PGE, and assuming PGE shall determine availability of transformer capacity, PGE shall authorize USA to activate the necessary equipment to make such capacity available to USA. Installation and cost of permanent non-automatic equipment to provide back-up electric service, including a six inch PVC duct and three single conductor 750 Kcmil aluminum cable, shall be provided by PGE. The cable shall be energized and under PGE's control in USA's switchgear. 5.5 USA shall promptly give PGE notice of any repair or maintenance work to be performed on the USA switchgear or of any other situation which could affect the need for or availability of transformer capacity. 5.6 Back-up PGE electrical service shall be either metered or estimated. PGE may install temporary or permanent meters in the future, at its sole discretion. If estimated, energy shall be prorated upon USA's prior daily, monthly or yearly usage. 6. Service and Payment. Any basic service and electric power purchased by USA will be priced to USA in accordance with PGE's Schedule 83 or other applicable tariff schedule in effect at the time of service. A copy of the current Schedule 83 Tariff is attached hereto as Exhibit V. PGE's Schedule 83 may change over time as new tariffs are executed and approved by the Oregon Public Utility Commission. 7 Ownership of lrmagrty. USA hereby represents and warrants that it has all right, title, and interest in the Substation Property and has full authority to enter into this Agreement. 8, ownerst1JLApilitie, All fac:Ilitlei equiptent and personal property placed on the Substation „Property by PGE shall At all times tettaiii. the property of PGE "subject to the terms dOnditiOn of thi AtIte:detit, 9, • AddeS.. LOOk0 :shall:, be installed on all access 5 01. gates, in the fence encompassing the disconnect switches, and on the disconnect switches so as to permit entry and operation by authorized personnel from USA and PGE. Both USA and PGE shall receive keys to all locks as necessary to enable each party to accomplish maintenance anl other obligations hereunder and under the easement agreement attached hereto as Exhibit I. 10. komrQality. PGE shall correct any power quality problems resulting from the installation of PGE equipment during Phases 1, 2 and 3 of construction and site improvement. 11. Oil and Haza dous materials. The parties hereto agree that the existing facility on site is 12 years or more old. USA represents to PGE that, to the best of its knowledge, no oil spills have occurred from the date USA acquired the Substation Property to date. 11.1 During the term of this Agreement, PGE may, but shall not be required to, perform such soil tests as it deems appropriate to determine the current level of PCBs or other contaminants present on the portion of the Substation Property allocated to USA. PGE shall advise USA of the nature and type of tests to be performed prior to any testing. The results of such testing shall be disclosed to USA in a timely manner. Upon request, PGE shall provide USA with a representative sample of soil to be tested, suitably packaged and labelled, to permit USA to perform independent tests. All added costs of providing such soil Sample, together with the cost of USA tests, shall be borne by USA. 11.2 PGE shall perform toil tests on that portion of the Substation Property allocated to PGE hereunder to determine the level of PCB contaminants. PGE shall provide USA with a representative sample of soil tested, as described above. 11.3 If such to disclose PCB contaminants in excess of 10 parts per million, then USA shall, at its own ekpense, clean up such contamination in a titely and prtdent manner. In the event that USA fails to reasonably correct and clean tip any such Spills or contamination, PGE shall have the right, but not the obligation, to perform the necessary clean-up and repair. In that event, USA shall remit the full cost of such clean-up within 30 days of invoice. 11,4 PE shall document all hazardous materials • in the tedotal or State regulations promulgated pursuant to the 4 - 4 .•• . . — - — — .1" Comprehensive Environmental AespOnsev compensation; and Liability Act 43U 0602, Federal titer Pollution. dcnti'bl Act, 33 tYd.'1261: 6. • (T4 LU 144 • Resource Conservation and Recovery Act, 42 USC 6905, Toxic Substances Control Act, 15 USC 2602, ORS 466.553, 466.620 and 466.630 which it brings on site. PGE shall only be responsible for clean-up of any hazardous materials which it has caused to be brought on site. In no event shall PGE be responsible for clean-up of any PCBs discovered on site, provided that rGE does not bring any PCBs on site. 11.5 To the extent allowed by law, USA shall indemnify PGE as described herein for all liability as a result of existing contamination of the Property and from claims arising out of future contamination by or attributable to USA. This indemnification includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up of whatever nature, and any remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of hazardous materials present in the soil as of the date of this Agreement. As between USA and PGE, any future hazardous materials spills and clean-up shall be the responsibility of the respective equipment owner. 11.6 PGE shall implement a transformer oil spill protection plan for the entire facility. USA may review such plan upon request. In the event that USA desires to upgrade the plan in any way, all costs associated with such upgrade shall be borne by USA. PGE does not warrant the effectiveness of any such plan nor shall the existence of such plan create any liability on PGE's part for spills from transformers owned by USA. The cost of the plan shall be borne by PGE. In the event of any oil spill, the party responsible for such spill shall be responsible for full compliance with all reporting and clean up requirements of any governmental agencies respecting such spill. 11.7. Each party shall promptly correct and clean up any oil spill or other contamination by hazardous wastes attributable to their equipment. • In the event that any party fails to ✓ easonably correct andclean.up any such SpiI1S.pr contatinationa the other party shall have the right, but not obligation, to PettOtt.....thdpedettaty cleanup and repair. Each party shall be liable for all costs associated 14ith:tleah -up and repair of its own equ ipment. Any party receiving the benefit of the clean-up by the Other • patty shall r emit the full cost of such clean -up••and:tepait• at the other party's usual and customary rates, within 30 days of invoice: In h0 even it shall Pat be. te$ponsible for PCB clean-up 0 r removal w hether it be On site or in adjaddht ateat.i.•vAtettabie$I• o r W4tet•i!AY$i pr�iding, hot4eveti PE brings no PCBs On Site, • 7 At, 4 •'' • 12. gonpi once with Laws. The parties hereto agree to comply with all rules, orders, laws, regulations, and statutes now existing or promulgated in the future by any governmental or quasi- governmental unit in respect to the Property and the Substation Facility, including, but not limited to, complying with the Oregon excavation statutes, ORS 757.541 to 757.571, as amended, and all environmental regulations. In the event that any rule, order, law, regulation or statute is promulgated in the future which requires a g this Agreement, this Agreement shall be modified change so the to comply f with therapplicable � law and the intent of modified so the parties hereto. 13. Uncontrollable Forces. Neither USA or PGE shall be considered to be in default in,arespect to any obligation hereunder, if prevented f;om fulfilling such obligation by reason of uncontrollable forces. The term "uncontrollable forces" shall be defined for the pur ose of this Agreement to mean any cause beyond the control of he party affected, including, but not limited to, failure of facilities, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, labor disturbance, g sabota e, and restraint by court or public authority, which by exercise of due diligence and foresight, such party could not reasonably have been expected avoid. party unable to ted to avoid Each art rendered Y i p uncontrollable forces shall i y obligation , by of exerciseldue diligence to remove such inability with all reasonable g speed. 14. Option to Purchase. n the even wi l l no long t that USA determines that it will use the existing substation for its own needs, and assuming that USA's interest in the Substation Property y may be sold privately, PGE shall have the first right to purchase the USA's interest in the Substation Property at its fair ma rket value as determined by a pp r aisal by an independent endent fee Oregon having M.A.I. , appraiser licensed in the state of ar su as d appraiser as the fair designation. The written opinion of ,pp i USA's : the Substation property shall be to U5 interest in p furnished event that USA does not accept the furni� value of even appraiser's valuation In the fair market value shall be decided by arbitration. In such event each party nom e costs shall one ar ator and the arbitrators will choose a thin The � � equally by the .�diri t1erocess PGE if it es arbitration shall be borne ' Substation Property may not the right to bid in any competitive g p is determined that USA 'S interest in the sub � p Y not be sold privately. 15. Tgrmingtion. 15.1 PGE may terminate this Agreement by one year's advance written notice to USA. PGE shall remove its equipment and personal property from the Property within two years following the termination date. In the event that PGE elects to terminate, it shall be responsible for all costs of removal and clean-up. 15.2 USA may terminate this Agreement after January 1, 2000 by two years' advance written notice to PGE on its intent to terminate the Agreement. PGE shall remove its equipment and personal property from the Property within five years following the termination date. For the purposes of this Agreement, the termination date shall be the date on which the Agreement terminates following the two year notice period. In the event USA elects to terminate under this provision, USA shall compensate PGE by paying the full amount of original cost of labor, equipment and materials expended by PGE to install the substation improvements through the date of notice/less the cost of any equipment and personal property removed by PGE (reduced by 4% (four percent) per Year or fraction thereof, from and after January 1, 2000) plus such cost as PGE reasonably incurs in physically removing such equipment and personal property. 15.3 Except as specified herein, this Agreement is not terminable. 16. Indlilmitx. 16.1 PGE agrees to defend, indemnify and hold USA harmless, its directors, officers, employees, agents and representatives against and from any and all loss, claims, actions or suits, including costs and attorneys' fees (both at trial and on appeal) on account of injury or death of any persons or damage to or destruction of any property resulting from, or arising out of any CondUct of PGE in respect to the Substation Facility. 16.2 To the extent allowed by law, USA agrees to defend, indemnify and hold PGE harmless, its directors, officers, employees, agents and representatives against and from any and all costs, claim, loSs, damages, actions or suits of any nature whatsoever (including attorneys' fees and costs both at trial or on appeal) redulting from or arising out of any conduct of USA in respect to the Substation Property, the existing substation, or the Substation Facility. 17. AtEorjjey_F_"gs_A. In the event of any dispute under this Agreement, the prevailing party shall be entitled to 9 reasonable attorney fees both at trial and on appeal without regard to whether the remedy sought was rescission or damages. 18. 13engfit and - -As sicm ent. This Joint Substation Construction and Maintenance Agreement shall be binding upon and inure to the benefit of the individual parties hereto and their respective successors and assigns. Neither of the parties hereto may voluntarily or involuntarily assign any interest under this Agreement without the prior consent of the other party. 19. Severability. If any of the provisions of this Agreement shall be held invalid or unenforceable, the invalidity of any other provision shall or partial invalidity or or enforceability of such provision shall not effect the vale herein. This Agreement and the rights and obligations of the parties hereto shall be construed and enforced accordingly. 20. Head .ngg The headings in this Agreement are for convenience only and shall not control or affect the meaning or construction of the provisions of this Agreement. ` shall .. .. ,writn and esigned e 21 �� e eri be valid unless made of of this Agreement g by the parties. 10 POE .roLAND GENERAL EIRE ",IC COMPANY 7 Alf r AWAP u., Title .', RResde -a STATE OF ORECON y ss County of 4 On this 01 0 ' day of i l9 to me personally known, who being duly sworn did say th t he /she, is the IIICE A /I2 Z of PORTLAND GENERAL ELECTRIC COMPANY, the within named p signed it municipal corporation, and that the said instrument was behalf of said corporation and acknowledges said instrument to be the free act and deed of said corporation. UNIFIED SEWERAGE AGENCY STATE OF OREGON ) County of Uhf2kL___2) N. ary Public for Oregon My Commission Expires: 19 , to me personally know who b Sworn did say that hem, is the d g, of UNIFIED SEWERAGE the within named being duly corpora ..ion and that the said �'instr instrument was signed in behalf of r ai orp ion, and acknowledges said instrument to be the free said corporation act and deed of said corporation. No ark` Public for Ore My Commission Expires: `L \Cgid'T ItAcT � 11 b26U SA . dd b it. Approved as to ®rm • Un1f d. ut `Iti rtha`Z r ty.rio. f exh " ;�evisioa of Sheet No. 83 -1 Pbrtl and Geiser Electric Ca r, � �.impan,y Seco � "� �,� P.U.C. Ore. No .14_ Cancellin Fir > "`jevision of Sheet No 83-1 SCHEDULE 83 GENERAL SERVICE - PRIMARY VOLTAGE AVAILABLE In all territory, except in areas served by underground network facilities. APPLICABLE To industrial., commercial, and general electric service. CHARACTER OF SERVICE Three - phase, ix yr alternating at a nominal potentl a of 11,000 volts or h ig her as s eci f i ed by the Company. MONTHLY RATE DEMAND LEVEL I has not exceeded 1,000 kW more than Applicable i to any consecUtive whose e18 demand month h period subsequent' to January 1, t once y 1977 The sum of the following demand and energy Charges Demand Charge Winter Months Summer Months $3.74 $2.71 per kW of demand Energy Charge Basic Rate: 3.6980 per kWh Net Rate 3.6980 per kWh Basic Rate net of Amortization Adjustment (Schedule 104). DEMAND LEVEL II - Time of use metered. Applicable to Customers whose demand hat exceeded h 400, kid teore than once in any consecUtive 18 -month period subsequent to January 1 1577 The sun of the following demand and energy charges: Demand Charge On -Peak Period (Monday- Friday, 6 a.m, to 10 Winter Months Summer Months $3.74 52.71 per kW of demand Off -Peak Period (Monday- Friday, 10 pats 'to 6 am. Saturday and Sunday) Winter Months Summer.. Months .50 $ 50 P er kW for all kW of demand i n excess of the On -Pea Period 8111ing Demand (R) Issued December 12,..1588 Leonard A� Girard, Senior Vice President Effective for service an and after January 24, 1989 Fes. Portland Genera Se on' Revision of Sheet No 83 -2 Electric c Company P.U.C. Ore. No E -i4 Canceling st on of Sheet No 83-2 SCHEDULE 83 (Continued) Energy Charge Basic Rate: 3.698¢ per kWh Net Rate: 3.698¢ per kWh Basic Rate net of Amortization Adjustment (Schedule 104). For billing purposes, the demand will be not less than 300 kW. SEASONAL DEFINITION Winter months are defined as the six regular billing periods November through April. Summer months, are defined as the six regular billing periods May through October. In 1989 the summer and winter months will (T' begin with regular meter readings on May 2, 1989 and November 1989, (T' respectively. MINIMUM CHARGE The minimum charge is the demand charge, except that,, in addition, the Company may require the Customer to execute a written agreement specifying a minimum charge if necessary to justify the Company's investment in service facilities. REACTIVE DEMAND CHARGE . demand the pay 50¢ fOr each and demand charges In addition to the en er9Jl.. Customer shall olt ampere of reactive demand in excess of 60 percent of the ki lob e kilowatt billing demand. Such charge is separate from and in addition to the ni ni rnum charge specified. The Company will transfer „Customers between Demand Levels I and II based upon their recorded or estimated demand. The Customer shall provide, install and maintain, ©n the Customers premises, all necessary transformers and associated wiring to . the Com an;'s service is directly or indirectly connected. The Customer shall also y necessary switches,. cutouts, and e, Install and tr nsforrrsers and and so prowid i protecti on „equipment. All nd primary voltage equipment an w. _ any, and :, .. ..... _ characteristics- cs equipment veil by hstib subject to the wiring shall be of types and character the arrangement and operation of such equip: approval of the Company. ADJUSTMENTS CD Service under this schedule is subject to adjustments as specified Under Schedules u1e s 100 and 104, as Well as any other applicable adjustments approved .�.. by the Public Utility Commission, Issued December 12 1988 • Leonard A= •Girard; Senior tdo•.tesident Effective for service on and after and ary z4 r 1989 Portland Gener ::Electric C® ipany P U . C. _ Ore. _ No. `'`' -14 ' :''�' Ori i na1 Sheet No. 833 SCHEDULE 83(Concluded) TERM OF AGREEMENT Not less than 5 years. RULES AND REGULATIONS Service under this schedule Is subject to the General Rules and Regulations contained in the tariff of which this schedule is a part. issued October 8, 1987 Clifford A. Mortara Senior Vice Effective for sere i ce resident dp and after October 1a;, 1987 FD, GRASS DISK SECTION CORNER (WASHINGTON COUNTY) UNIFIED SEWERAGE, AGENCY OF WASHINGTON CO',, OREGON (SEE EXHIBIT A) / dQ to / o• EXHIBIT C , , , , SUBSTATION EASEMENT % BOUNDARY 0374 AC, j l HEASEMENT EXISTS ALONG oTEI A POE POWER LoNo TFiE WEST LINE OF SECTION 13, T,2 9. h 1 W,, W,M., STARTING FHoM A POINT 20 FEET EAST OF THE WEST 1 /4 CORNER AND RUNNING NORTHERLY, APPROXIMM ILY II3t FEET TO A POINT ABOUT 4 FEET EAST OP THE WEST SECTION, LINE, IEEE POE DWG, ED-232b). IEXISTINOji SUBSTATION 1 EXI-1181t. ,ENCE %.3O'k200„' 4 EASEMENT ,G 'i= Wu B PAR, u EASEMENT 06/ DK i 4tl EASEMENT 54 T Mae DWG, E 3 ?34 (I3o`ki4o,451 `�� Fb, ALUM, .DI91�'- ---'� 1/4 cofNER 4013, MAW-10401'0N coUNTV) - REV, II %of �3 Q , REv, 2fl 8 l dM 6p ct EPEt tittrottc Co.1 e 0YLANE , ohitao4 TO ACCOMOANY tAsi:MENT8 UNIFIED 8EWEfAoE AGENCY . EEC, ,T, 4xNW�W. WASH. CC., - itAke.r,,I "r20O' J:.. pA11 AUO;IT.195 %. t♦cArii ed iiitio T ctArl(A1�„ i,PPRfvU It WTI* rIELO NOTES, IN DURHAM WV, Fiti :;. dad NO id° .,t)iIO, Nd:.... g ' b °O. LEGEND ZONE I —USA; OWNED AND USA MAINTAINED, ; :EXCEPT* ZONE 3.— USA OWNED AND _POE .MAINTAINED. ZONES—Mr- OWNED APED :PGE MAINTAINED. *-PGE 'SHALL MAINTAIN EtJSSTAT ICN BATT:F IES AS DESCRIBED U THE AGREEMENT. NOTES: 1. PLANNED COMPCETION':APPROXIMATELY DEC. t589_ 2FEEDER .ROUTES ARE APPROXIMATE. HALL .6g;vD. - 4 sir . SIT. Ave Sy:APai.er 411.. �l • - ;KEY'Snt PLAN •...p -Dl coNHE W -10 SWITC1t USA 1 J 1 1 1 1 11'11 i Ia., 1 1 nEWITCH tttl.7.12111V�J GEAR A BIT IC "(PHASE 1) -JO2NT SUBSTATION -,'3TRUCTIOH AND MAINTENANCE AGREEMENT. USA =St BSTATIO INITIAL LAYOUT n=40 - LEGEND zone t ° USA OOhMED AND USA ZONE 2- USA OWNED AN me ZONE'S - PGE OWNED AMD POE NOTES: 1. PLANNED COMPLETION* APPROXIMATELY OCE 1350. E. FEEDER ROUTES -ARE APPROXIMATE. -RACE -t3 L-'1". IKEYSTTE Pt&H 'ZONE' -ZONE-2. Yhto7 ! P W-t09 1.oe -' 1 Li,tiliiLIsL LV1J -ZONE 1 .....j 210•1 _REVISIONS =PORTLAND: GENERAL _ELECTRIC'CO. USA. SUBSTATION _INTERMEDIATE LAYOUT I ni (piIASE2) -JOINT -SUBSTP.TIOt4 wUCTIOPI AND MAINTENANCE AGREEMENt dIV S A1111131031 LEGEND ZONE 1 -USA OWNED AND USA MAINTAINED, EXCEPT* ZONE 2.— USA OWNED AND PGE MAINTAINED. ZONES-- PGE OWNED AND PGE MAINTAINED. PGE SHALL MAINTAIN SUBSTATION BATTERIES AS Dl:SGRumo IN THE AGREEMENT. rmai L pLANNED COMPLETION :,APPROX. -1994 Z. PEEDER ROUTES ARE APPROXIMATE. 3.TR.ANSMISSION LINE ROUTES ARE A,PPRO.6. 1 RE APPR M HO SKITCHGEAR LOCATIONS HALL. uVD. is ZONE 3 20NE I -REVISIONS U.S.A. SUBSTATION FUTURE GENERAL :LA'( UT 'IT 37 £PHASZ3) -JOIwT SUBSTATION rRUCTiO$ AND MAINTENANCE AGREEMENT. ca w .5c g EXHIBIT I EASEMENT /.. This EASEMENT is executed the 4/p day of 19 , by PORTLAND GENERAL ELECTRIC COMPANY, an Oregon corporati ( "PGE ") and UNIFIED SEWERAGE AGENCY, an Oregon municipal corporation ("USA"). pars hereto intend to create by agreement The parties for a substationtfacilitye(the perpetual and permanent easements "Substation Facility ") to be installed upon USA's property located the Oregon ( he attached Exhibit ively the A. in the City of Tigard Washington u "Substation Property") as describe d in County, PGE and USA hereby agree that PGE shall be granted certain easements necessary for the continued operation of the Substation Facility as described herein. NOW, THEREFORE, in consideration of the mutual promises fuel contained herein and 4$1.00 (one dollar) and other good and valuable consideration, receipt of which is hereby acknowledged, USA hereby conveys to PGE perpetual easements in gross and rights -of -way over, under, upon and across the Substation Property (collectively "the Easements ") described more particularly as follows: �� A. An easement. for ingress and egress (the Ingress Easement") over a strip of land roughly 30 feet in width from the ) , p shall be . nearest public road. Access s Substation Facility to the A� approval by PGE, USA Y available 24 hours a da After review needed ato accommodate its may modify the route of access y provided such access is continually activities, p Substation , Facility. PGE's treatment facility activities rove. available from pub unreasonably a F' y shall not be streets toy withheld. This Easement shall be expanded as necessary in the event governmental approval . ethat In future event', the hereto shall execute property,. documents regulation requires additional and deliver such �.�..= ;menu as p necessary to effectuate the expansion; B. An easement for distribution of the electricity from the Substation Facility as described in the attached Exhibit B (the "' + Distribution Easement ") Thad Ease ment shall be expanded as future governmental regulation required addonyln,r ®er nt that In Such event, the panes hereto shall execute and deliver such documents as necessary to effectuate the additional ex' expansion; and An easement to operate a high voltage electric C. i n facility upon such p ion of the Substation Property facility ore � p additional ,. .., r nowoccupied by the existing substation plus an 32, now occupied 50 sqr attadhed Exhibit C ("the e feet as described in the a expanded as s sr r easement Shall Substation Easement"). This eas all be ex ecessar in the event that future governmental er requires • � v`ernmental y In such event, the n additional property. fectu ,.. � ,.. ., �. .,,. , � atehthe partied es h e execute and deliver such documents as necessary to of e expansion; and PAGE. 1 EASEMENT °-UNIFIED SEWERAGE AGENCY era TERMS, CONDITIONS AND COVENANTS owl". 1. Zillap,._Fsersien.t. USA at all times shall provide PGE adequate access to the Substation Facility. The cost of periodic maintenance and necessary repairs to the access road and roadway guard rail for the Ingress Easement shall be bone exclusively by USA. Such maintenance and repairs shall be performed on a prompt, diligent and regular manner in accordance with generally accepted street and road maintenance standards. The access road need not be paved but must be sufficient to support loads of 43,000 pounds per axle. 2. Distribution Easement. The Distribution Easement shall be for the right to enter over, under, and upon the Substation Property or to excavate as necessary to maintain, repair, rebuild, operate and patrol electric power or telecommunication lines and appurtenant signal or communication lines for the distribution of power and all uses directly or indirectly associated thereto, at PGE's sole expense. Such uses shall include (but are not limited to) the necessary erection of poles, towers, transmission structures, tunnels, wires, cables, guys, supports, and appurtenances and necessary protection thereof. Such uses shall also include the present and future right to clear and control brush, to top or fell all danger trees as described in Paragraph 5, and to clear and control any situation which PGE deems a fire hazard. r 3. Substation Easement. 3.1 The Substation Easement shall be for the right to enter over, under, and upon the Substation Property; to construct and operate the Substation Facility; to erect, maintain, repair, rebuild, operate and patrol power transmission lines or telecommunication lines, structures and appurtenant signal or communication lines; to locate and maintain all manner of equipment; to interface with existing equipment of USA, including, Without limitation, the pipes, electric equipment, power and water lines, and the sprinkler system; lay pads; and bring in or relocate equipment and apparatus; and all uses directly or indirectly necessary thereto at the sole expense of PGE. The Substation Easement shall additionally include all uses necessary for the maintenance and the operation of the Substation Facility. 3.2 USA shall maintain all landscaping in and around the SubStation Facility outside of the security fencing, including but not limited to, vegetation control around exterior of fence. 3.3 The parties hereto shall cooperate with each other in the use of the Substation Facility and the existing substation facility for their mutual benefit. The paities shall give each other reasonable notice of any wok in or within the substation Facility which would affect the use granted hereunder or the operation of the Substation Facility. The cot and burden of Maintenance and constructIll of the substation Facility shall be PAGE 2 - EASEMENT - -UNIFIED SEWERAGE AGENCY 0.4 4 . , �Yl e allocated as agreed between the parties. 4 USA Facilities. 4.1 All easements granted herein shall at all times be subject to the reasonable requirements of USA for operation, maintenance, and modification of the USA water treatment facility known as the Durham Wastewater Treatment Facility. USA shall have right the to operate, maintain, construct, modify, and add to any wastewater treatment structures, in its sole discretion and at its sole expense, so long as such operation, construction or modifications do not defeat the intent of the Easements granted herein. USA shall fully reimburse PGE for any and all costs to PGE as a result of such construction or modification which requires changes to the Substation Facility or PGE's Distribution network. In accepting the grant of Easement herein, PGE assumes no liability for USA's use of the Substation Property. USA assumes all risk of damage to its agents, permittees, licensees, and to its personal property arising from its use of the Substation Property. p Y• 42 USA shall have the right to use the Substation Property for all purposes not inconsistent with the uses and purposes of the Easements described herein, except USA shall not build or erect any structure or improvement upon, over or under the Substation Property without the prior written consent of PGE. Such consent shall not unreasonably be withheld. 5. Danger_,Trees. The Substation Easement and the Distribution Easement shall also be for the continuing right to top, r growing i snags collectvel.�r "Dan fell Trees") rolocatednon the dSL.bstationnProperty (collectively on any land owned by USA which is adjacent to the Substation Property` ' of which trees and snags are Danger The determination det ch tre Trees will be determined by PGE in its sole and unfettered discretion. The consideration given for the Easements includes on Property and all danger Substation the the value of all trees on ' trees adjacent to the Substation Property. In addition, PGE shall have the future right to top, limb or fell all growing and dead trees and snags which shall, in PGE's sole estimation, become Danger Trees in the future. In the event tt that cises its t PGE exer fell trees in the f.. , P. . right to top, limb or fel GE shall pay the g p.� owner of such trees their fair market value as f rest products on the day they they are cut, such payment to be made within a reasonable time after cutting. 6, Title , t� all brush or trees existing upon the • Easements and toall present Danger Trees shall vest in PGE upon execution hereof All future danger. trees out pirsuant to the • terms hereof ,. • shall become the property of PGE: upon the payment described in Paragraph 5 above. 7 ,Indethity. '1,1i PGE h rebr a tees to efend, indemnify, and hol USA harmless; off ices, agents, employees, licensees, and • . PAGE 3 - EASEMENT -- UNIFIED SEtERAGE.AGENCY r)* C 0 LU assigns from any and all liability, claims, demands, and damages of any description, including claims for bodily injury or death and for property damage growing out of POE' S use of the Substation Property or the Easements granted herein. 7.2. Subject to the Oregon Public Body Tort Claims Act, USA agrees to defend, indemnify, and hold harmless PGE from costs against any and all liability, claims, demands, damages, and of any description, including claims for bodily injury or death and for property damage growing out of USA's use of the Substation Property or arising from the grant of Easements herein. 8. Compensates Except as provided herein or otherwise agreed to by the Parties, PGE shall not pay any compensation for any damages to the Substation Property for adjoining property incurred incidental to these g p - Property Property construction, (a) loss of growing crops beyond the Pr Puri � and (c) danger (b) guys and anchors extend g y tree rights. 9. Abandon. If PGE shall fe.l to use the Easements for a continuous period of five years after construction of the Substation Facility, then and only in that event, shall these event, all rights and privileges Easements re der shalllrevert to USA, its heirs and assigns. grantedh�reun 10. Compliance with Laws. The parties hereto agree to comply with alb. rules, orders, laws, regulations, and statutes now . governmental or quasi- g promulgated . ,in the. future by any the existing in respect to the Substation Property quasi- governmental entity . � le order, dlavr Easements granted herein. In the event that any ru , y g statute is promulgated in the in which requires regulation, or stet a change in the terms this Agreement or in the nature or size nts this A regiment shall modified accordingly so g o �E the Easements, g be mod e Eapl .r the applicable law and the parties hereto. aS to comply with pp In the event of any dispute under 11. Attorne � T g whether to �� prevailing party shall be anti this Agreement, the pre reasonable attorney fees: both at trial and on appeal her the remedy sought was recession or damages. 12. Sev .... - . . ,y y provisions of this erabili�. If an of the prav� Agreement are held invalid or unenforceable invalidity of that effect the validity or enforceability of any provision shall. not r and the rights and provision herein, other p; in and this Agreement obligations of the parties hereto shall be construed and enforced accordingly. The g this Agreement are for amen 13. HeadincLs_. a head�n s in convenes . ... y a shall . not control or affec•c the meaning or ....... structionoof the provisions of this agreement. COri PAGE 4 EASEMENT -- UNIFIED SEWERAGE AGENIC' 4 *0 „kr, ' , • .2, • , . . • , IN WITNESS THEREOF, PGE and USA have executed this Easement Agreement on the date stated above. PORTLAND GENERAL ELECTRIC COMPANY UNIFIED SEWERAGE AGENCY Its . V1 Pr.esidetit STATE OF OREGON County of By Its /0 On this day of ZUV1444-- 19:-' to me personally known who being first duly sworn did 'say that he/she, is the of PORTLAND GENERAL ELECTRIC COMPANY, the within named corporation, and that the said instrument was signed in behalf of said corporation and acknowledgw said instrument to be the free act and deed of said corporation. STATE OF OREGON County of UthAW4 ) s 44/ /A N tary Public for Oregon My Commission Expire2P. 9g, On this day of ...,,_______, 1910, to me personally k own, ho being first duly sworn did say that heiebe, is the -- Ali: ..c,r ..:,, • f UNIFIED SEWERAGE AGENCY, the within named municipal c.p 1 roration and that the said instrument was signed in behalf of said corporation and acknowledges said instrument to be the free act and deed of said Corporation. •0/ / • , A A 4- ,,,,....„....,, Notary Public f-, Oregon My Commission Expired', Approved as to Form j. \L\coNTRAcr\i1626EAs.AAF I. • PAGE .° WEVINT.°°1111-01E0 8tWti#Wk•• AENCY / GcMorl CuroI . . UhlfItti ViorAj An�y 4 it ■•• EXHIBIT A A parcel of land in Section 13, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, more particularly described as follows: Beginning at the northwest corner of Section 13 Townthip 2 South, Range 1 West, and running East along the North line of said Section 13 to the Northwest corner of that certain tract conveyed to Donald Leslie Moore, et uk, by Deed recorded June 18, 1948, in Book 286, at Page 351; thence South along the West line of said Moore tract 440 feet to the Southwest corner of said tract; thence East along the South line of said tract 142 feet; thence continuing East along the South line of that certain tract conveyed to Harold L. EdWards, et ux, by Deed recorded September 20, 1949, in Book 299, at Page 158, to the Northwest corner of that certain tract conveyed to Durham School District #82, by Deed recorded July 10, 1951, in Book 322, at Page 470; thence South along the West line of said School District Tract 434.5 feet, more or less, to the SoUth line of that certain tract conveyed to Fred R. Harrison, et uk, by Deed recorded in Book 218, at Page 336, thence East to the East line of the West one-half Of the Northwest one-quarter of said Section 13; thence South along said East line to the northwest corner of the southeast one- quarter of the northwest one-quarter of said Section 13; thence Easterly along the North line of the southeast one- quarter of the northwest one-quarter of said Section 13 a distance of 282.2 feet, more or less, to the Northerly right - of -way line of the Oregon Electric Railway Co.: thence Southwesterly along said Northerly line to the South line the Adam Shaver Claim; thence West along said South claim lima to the one-quarter section post between Sections 13 and 14; thence North 2643.92 feet, more or less,to the point of beginning. Subject to the rights of the public in and to any portion • lying within the boundaries of roads or highways. alit41h buthamit,doc... 11/W84 rj. ,•„, • 4 -4' ° „ ''■•■• ■44,`, tiv EXHIBIT B Distribution Easements Two parcels of land located in the northwest quarter of Section 13, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon being more particularly described as follows: PARCEL I A 30 foot strip of land of which the centerline of said strip is described as beginning at a point on the west line of said Section 13, said point bears N 1°35°25" E 442.06 feet from the West Quarter Corner of said Section 13; thence from said beginning point S 88°24°35" E 200.00 feet to the terminus of said easement. PARCEL 11 A 30 foot strip of land of which the centerline of said strip is described as beginning at a point on the west line of said -Section 13, said point bears N 1°35°25" E 303.80 feet from the West Quarter Corner of said Section 13; thence from said beginning point S 88°35°26" E 231.06 feet more or less to the northerly right-of-way line of the Burlington Northern Railroad and the terminus point of said easement. The sidelines of the said 30 foot strip easements are to be shortened or lengthened to terminate at the grantor's property lines; otherwise, the easement sidelines are to terminate at right angles to the controlling terminus point. The above desOribed easements are shown on PGE Drawing No E."7917, attached hereto which by reference thereto is made a part hereof. DARtdah _ _ DUrhati2,40t 11/1/t0 44,4e41: ( " • • • , 7.(' " , , ,.." ;, • r,o • EXHIBIT C go Substation Easement A parcel of land located in the northwest quarter of Section 13, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon being more particularly described as follows: Beginning at a point that bears N 1035'25" E along said west section line 410.48 feet and S 88°24°35" E 174.62 feet from the west Quarter Corner of said Section 13; thence N 1°30'10" E 35.70 feet: thence N 57°35'29" W 50.05 feet; thence N 1°30'10" E 89.27 feet; thence N 24°38'04" E 50.16 feet; thence N 43°28'48" E 49.11 feet; thence S 88°29'50" E 79.14 feet; thence S 62018°12" E 131.80 feet; thence S 1°30110" W 94.08 feet more or less to the northerly right- of-way of the Burlington Northern Railroad; thence south- westerly along said right-of-way line on a 1457.69 foot radius curve to the left, which chord bears S 40°43'11" W 222.08 feet, an arc distance of 222.30 feet; thence leaving said right-of-way line N 14°47'11" W 94.82'feet; thence N 88°29'50" W 40.00 feet to the said point of beginning. The above described easement contains 1.2006 acres, more or less. The above described easement is shown on PGE Drawing No. E-79171 attached hereto which by reference thereto is made a part hereof. bAlltdah buthatil*doc. li/i/00 A ; " 4* , CIRCULATE. BR JH C staff Review diqUY a:Ft6e.. ' 75 V6 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PRE-APPLICATION CHECKLIST 1. APPLICANT 2. PROPERTY LOCATION Address • c/54- Treo___±eiml-- i°/;:ic )( f ,std 615-A. Tax Map/Tax Lot L& Ta 6,1- &WO i0141,.. U66— MAR 3. PROPOSAL DESCRIPTION/NECESSARY APPLICATION(S) $d— /rive- mo 0 iirl citin oiu ro. Do6nive, cou, --urn,Lin/ Exstin cIfO41C 5 id/t. I PIP, 5)k Adjacent Property north soUth east west 5. COMPREHENSIVE PLAN DESIGNATION rfridi 6. ZONING DESIGNATION .1-44 7,. NEIGHBORHOOD PLANNING ORGANIZATION No. PHONE CHAIRPERSON A /6 B. CODE REQUIREMENTS MiniMum lot size/Width A) Aia4/14014,4 # Allem le 1,010(kkh Se€bcks front Special setbacks: streets established areas flag lot--- accessory strOctOres ...---- zero lot line eow■■••• '14aXimUM lot coVerage Maximum building height ' ' '' • -,,, .■" . .Special height limits flag lot . other r"--' Density calculation Landcaping: minicalms % of lot area Buffer Areas Signsals:■Isa*::1110:01... ■VflICOMMIMMOINEWMPAMIWNinrairrill•....MMOMINIIIOUNIMIONIMINNOM IMMOINIONIMMOMIOLIMMIN•110101■IMOOM•beNnweeml■aom . CMHER CONSIOERATIONS (Ste applitati)n checklist for speafit items) Afil Amoim tx,fitlokii,f6C Sntitive lands: .floodplain dralnagway AVX. slop Wetlands Provd , dog p5 P h5 A) bp Open space 57747E: zAfroD6 PETE72041 *rioio historic otterltty rowbs Aee- AFtt-6cor7 Street improVementsicOhnectialsibikto 5 Improuement Agreement.- Permit; Bonds; Fees MMEWSIMIlany■ PAbLtC ehdarigittebkitits Offitee Ptdbad lahridtbj tAPOtt(ti$A4h the AdMinittraiditsAeditidh be .0ilifitio hearing Atli ottue app niistt1y to ittotiotettto •cittifiAtioit• fat. tft 4 6,4titt at 46eittiotet," ' 0010/0110) CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST The items on the checklist below are required for the successful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other materials at the time you submit your application. See your application for further explanation of these items or call Planning at 639-4171. BASIC MATERIALS ITEMS TO BE INCLUDED: A) Application form (1 copy) B) Owner's signature/written authorization C) Title transfer instrument D) Assessor's map E) Plot or site plan F) Applicant's statement sers—&—addres-s-es—w4.0413-210--feat ($ 4°A0 444. dt, 360610 -fD' comerifiohal 4e e-votiviriek (H) Filing fee SPECIFIC MATERIALS Site Information showing. (No. of copies E 3 1) Vicinity Map [ILV 2) Site size & dimensions Ein,Y, 3) Contour lines (2 ft at 0-10% or 5 ft for grades > 10%) L-' 4) Drainage patterns, coUrses, and ponds 5) Locations of natural hazard areas including: a) Floodplain areas b) Slopes in excess of 25% [ ] c) Unstable ground 1 ] d) Areas with high seasonal water' table CO-' e) Areas with severe soil erosion potential I ] f) Areas having severely weak foundation soils E 3 Location of resource areas as shown on the Comprehensive Map inventory including: a) Wildlife habitats b) Wetlands NT 7) Other site features: a) Rock outcroppings t b) Trees with 6" 4- caliper measured 4 feet from ground level tkor-- 0) Location of existing structures and their uses tior'' 9) Location and type of on and off—site noise soUrdes t 1 10) Location of existing utilities and easements tte' 11) Location of existing dedicated right—of—ways t 1 git115......_Pwelo mertil showing (N04 of copies —) E 1 1) The „4-0Pesed site and surrounding properties t 3 2) Contour lie intervals E I ” The locabion, dimensions and names of all: a) Exitihg & platted streets & other public ways and easements on the site and on Adjoining Properties k'",;:. • b) Proposed streets or other public ways & easements on the site. c) Alternative routes of.dead end or proposed streets that require future extension 4) The location and dimension of: a) Entrances and exits on the site b) Parking and circulation areas c) Loading and services areas d) Pedestrian and bicycle circulation e) Outdoor common areas, f) Above ground utilities 5) The location, dimensions & setback distances of all: a) Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25 feet of the site b) Proposed structures, improvements, utilities and easements on the site 6) Storm drainage facilities and analysis of downstream conditions 7) Sanitary sewer facilities 8) The location of areas to be landscaped 9) The location and type of outdoor lighting considering crime prevention techniques, 10) The location of mailboxes 11) The location of all structures and their orientation 12) Existing or proposed sewer reimbursement agreements C) pladingpho (No. of copies The site development plan shafl include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1) The location and extent to which grading will take place indicating general contour lines, slope ratios and soil stabilization proposals, and time of year it is proposed to be done. 2) A statement from a registered engineer supported by data factual substantiating: a) Subsurface exploration and geotechnical engineering report b) The validity of sanitary sewer and storm drainage service proposals c) That all problems will be mitigated and how they will be mitigated 0) OchitectUral DraWinqs (NO. of copies ): The site development plan proposal shall include: 1) rloor plans indicating the square footage of all structures proposed for Use Oh—site; and 2) Typical elevation drawings of each structure, C) C] Lardscape Plan (No. of copies ): Li The landscape plan shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: 1) Description of the irrigation system whore applicable t 2) Location and height of fences, buffers and scroehincis [4) PPIAOATION•OHtULUT •ftgo .2 • • -... .„.- 3) Loc on of terraces, decks, shelters, play areas and common open spaces 1 ] . Eta 4) Location, type, size and species of existing and proposed plant materials 5.-- The landscape plan shall include a narrative which addresses: 1) Soil conditions. 2) Erosion control measures that will be used. F) Sign Drawings Sign drawings shall be submitted in accordancemith Chapter 18.114 of the Code as part of Site Development Review or prior to obtaining a Building Permit to construct the sign. [ ] 0) Trafficomotion estimate 1 ] H) PreliiinaLl_eprtition or lot_jmlinead'ustaritmashminp_______ (No. of Copies ): 1) The owner of the subject parcel IC 3 2) The owner's authorized agent E 3 3) The map scale, (20,50,100 or 200 feet=1), inch north arrow and date C 3 4) Description of parcel location and boundaries ( 3 5) Location, width and names of streets, easements and other public ways within and adjacent to the parcel [ 3 6) Location of all permanent buildings on and Within 25 feet of all property lines E 3 7) Location and width of all water courses ( 3 9) Location of anY trees with 6" or greater caliper at 4 feet above ground level ( 3 9) All slopes greater than 25% E 3 10) Location of existing utilities and utility easements E 3 11) For major land partition which creates a public street! a) The proposed right-of-way location and Width ( 3 b) A scaled cross-section of the proposed street plus any reserve strip E ] 12) Any applicable deed restrictions E 3 13) Evidence that land partition will not preclude efficient future land division where applicable 1 3 I) Subdivision Preliminar Plat tlas and data h 914 1g(M o of Copies 1) Scale equaling 30,50,100 or 200 feet to the inch and limited to one phase per sheet ( I 2) The proposed name of the subdivision [ 3 3) Vicinity Map showing property's relationship to arterial and collector streets 1 3 4) Names, addresses and telephone hUmbtah8 of the owner develoPera ehgiheer, sUrVeyer, designer, as aPpliCablet 1 5) bat of application 1 3 6) Bouhdary lines of tract to be subdivided 1 3 7) Names of adjacent subdivision or names of recorded owners of adjoining parcels of unsubdivided land t 3 0) contour lines related to a City-established bench- mark at 2-foot intervals for 0-10% grades greater than 10% t 3 APOLWATION tHWIUBT Page • rr. 7 or. * ■ ./1** r*r. • ts, The purpose, location, type and size o all of the following (within and adjacent to the proposed subdivision): E 3 a) Public and private right—of—ways and easements [ 1 b) Public and private sanitary and storm sewer lines [ ) c) Domestic water mains including fire hydrants d) Major power telephone transmission lines (50,000 volts or greater) t 3 e) WatercoUrses E 3 f) Deed reservations for parks, open space, pathways and other land encumbrances E ) 10) Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated I 3 11) Plan of the Proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants. C 3 12) Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision. C I 13) Scaled cross sections of proposed street right—of--way [ 3 14) The location of all areas subject to inundation or storm Water overflow I 3 15) Location, width and direction of flow of all water- coUrses and drainage ways t 3 16) The proposed lot configurations, approximate lot dimensions and lot nUmbers. Where losts are to be used for purposes other than residential, it shall be indicated upon such lots [ 17) The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and the location of proposed tree plantings, if any 18) The existing uses of the property, including the location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting I 3 19) Supplemental information including: a) Proposed deed restrictions (if any) 3 b) Proof of property ownership I I c) A proposed plan for provision of subdivision improvements C 20) Existing natural features including rock out — croppingsA wetlands and marsh areas, t 3 21) If any of the foregoing information cannot practicably be shown oh the preliminary plat, it shall be incorporated into a narrative and submitted with the application, I 3 3) Other Tnformation t 3 ( 23 6gP /0028P ) LEGIBILITY STRIP l! 12 SEE MAP 2S { l2CC" 11 V '.d t. V V V V C\ I I V • ., I.'4. SCALE 1 2001 OLD HWY 217)7—"g T DURHAM T 51150 I4 n• Ns 600! 600 -ME 3 66.51 SEE MAP as C 14A 511.51 esa' ssa it 500 1.'34 400 1.D2 AC. 300 5.68Ac "ic ROAD TXtr069/3,6 2 CI O 6 H DURHAM' ELEMENTARY ' SCHOOL Et r-a — - —n-- of :( 1@ i0 r f 0 N 1ti 205`_ 2 7 "3. 71 1n id 8 51 I 1 2374 CSNo !125 I 273.7• Irf 1 I a� 30 —oe SEE MAP 2S I 13CE: [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing]