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Hearings Officer Packet - 01/29/1996
• F TIGARD . ;7:00;. 97223 . . 0 CITY OF TIGARD OREGON PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Planning Commission meetings by noon on the Monday prior to the meeting. Please call (503) 639- 4171, Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: ➢ Qualified sign language interpreters for persons with speech or hearing impairments; and ➢ Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above. (OVER FOP MFFTING AGENDA ITEM(S) TIGARD HEARING'S OFFICER PAGE 1 OF 2 1/29/96 PUBLIC HEARING h:\login\patty\masters\agendho.mst • CITY OF TIGARD HEARINGS OFFICER JANUARY 29, 1996 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING • 2.1 CONDITIONAL USE PERMIT (CUP) 95-0007/MINOR LAND PARTITION (MLP) 95-0017 ➢ ASH/SCHUMACHER DUPLEX Q The applicant requests Minor Land Partition approval to partition one (1) parcel of 11,728 square feet. The applicant has also approximately 21,730 square feet into two (2) parcels of 10,002 and requested Conditional Use Permit approval to develop a duplex on the 10,002 square foot parcel. Low Density Residential (1-5 dwelling units per acre). LOCATION: 13800 SW 110th (WCTM 2S1 03DD, tax lot 1300). ZONING DESIGNATION: Low Density Residential 4.5 units per acre (R- 4.5). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. 2.2 SENSITIVE LANDS REVIEW (SLR) 95-0016 ➢ PASTOR/VANN Q A request for Sensitive Lands Review approval to allow cut and fill within the 100- year floodplain and associated wetlands. The proposed cut in the floodplain is approximately 5,356 cubic yards, with approximately 4,080 cubic yards of fill, leaving an excess of 1,276 cubic yards of cut. The proposal would also disturb approximately 42,861 square feet of wetland to be mitigated with approximately 108,714 square feet of wetland. LOCATION: 15245 SW 74th Avenue (WCTM 2S1 12DB, tax lot 700). COMPREHENSIVE PLAN DESIGNATION: I-L (Light Industrial). ZONING DESIGNATION: I-P (Industrial Park). APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.84. Comprehensive Plan Policies 2.1.1, 3.1.1, 3.2.1, 3.2.2, 3.2.3, 3.2.4. 3. OTHER BUSINESS 4. ADJOURNMENT TIGARD HEARING'S OFFICER PAGE 2 OF 2 1/29/96 PUBLIC HEARING h:\login\patty\masters\agendho.mst COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 310 PHONE (503) 684-0360 Notice TT 8384 BEAVERTON. OREGON 97075 Legal Notice Advertising R E C E E V E D City of Tigard 013125 SW Hall Blvd. Tigard,Oregon 97223-8199 Accounts Payable-Terry AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. ❑ Tearsheet Notice JAN 2 2 1996 ❑ Duplicate Affidavit E OF JIGARD 1, KAthy Snvder being first duly sworn, depose and say that I am the Advertising.. Director, or his principal clerk, of theTiaard-Tualatin rl' ME a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at TiTard in the aforesaid county and state; that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE Successive and consecutive in the following issues: January 18,1996 k e-46 1 t7rL Subscribed and sworn t fore me thisl8th day of Januai Nry Public for Oregon My Commission Expires: AFFIDAVIT The following will be considered by the Tigard Hearings Officer on Mon- day, January 29, 1996. at 7:00 P.M., at Tigard Civic Center- Town Hall, 13125 S.W. Hall Boulevard, Tigard, Oregon. Both public, oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter accompanied by statements or evidence suffi- cient to allow the hearings authority and all parties to respond precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division at 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, or by calling (503) 6394171. PUBLIC HEARING: CONDITIONAL JJSE PERMIT (CUP) 95-0007 MINOR LAND PARTITION (MLP) 95-0017 SCHUMACHER/ASH DUPLEX A request to partition one existing lot of approximately 21,728 square feet into two lots of 10,000 and 11,728 square feet. The applicant has also re- quested Conditional Use Permit approval to develop duplex on the newly created parcel at the south east corner of S.W. 1 10th Avenue and S.W. Garden Park Place. LOCATION: 13800 S.W., 110th Avenue (WCTM 2S 103DD, tax lot 1300). ZONE: R4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. A duplex is also permit ed in the R-4.5 zoning district, subject to approval of a Conditional L ;e Permit. AP- PLICABLE REVIEW CRITERIA: Community Develop ;nt Code Chap- ters 18.50, 18.92, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. J. ST ~ ~RNAIIEN _ sirE-I> I L. ' TF8384 -Publish January 18, 1996. T,4/ • PUBLIC HEARING NOTICE 4i I k CITY OF TIGARD NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, JANUARY 29, 1996 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: CONDITIONAL USE PERMIT (CUP) 95-0007 MINOR LAND PARTITION (MLP) 95-0017 FILE TITLE: SCHUMACHER/ASH DUPLEX APPLICANT: Jolynne Ash OWNER: Dean Schumacher 13032 Maple Leaf 13800 SW 110th Avenue Aurora, OR 97002 Tigard, OR 97223 REQUEST > A request to partition one (1) existing lot of approximately 21,728 square feet into two (2) lots of 10,000 and 11,728 square feet. The applicant has also requested Conditional Use Permit approval to develop a duplex on the newly created parcel at the south east corner of SW 110th Avenue and SW Garden Park Place. LOCATION: 13800 SW 110th Avenue (WCTM 2S1 03DD, tax lot 1300). APPLICABLE REVIEW Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, CRITERIA: 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684- 2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. CUP 95-0007/MLP 95-0017 SCHUMACHER/ASH DUPLEX PROPOSAUREQUEST FOR COMMENTS ANYONE WISHING TO PRESENT WEN TESTIMONY ON THIS PRO• ED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER JANUARY 8. 1996 ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND, PRECLUDES AN APPEAL AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL BASED ON THAT CRITERION. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. ! i i ~ I I IA I I ST - - S1 I ~ SITE- ~l CUP 950007/MLP 95-0017 PROPOSAL/REQUEST FOR COMMENTS T]B- / / Z SCHUMACHER/ASH DUPLEX CITY OF TI(ARD HEARING'S *FICER SIGN-IN SHEET .ITY OF TIGARD OREGON NOTICE: T AGENDA ITEM FILE NAIVIE(S): CASE NUMBER(S): ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORD THEIR ADDRESS ON THIS SHEET ...(Please PRINT Legibly) OWNER(S)/APPLICANT(S): LOCATION: MAP(S) & TAX LOT(S) NO(S). II 2.1 I DATE OF HEARING: 1/29/96 II ASH/SCHUMACHER DUPLEX CONDITIONAL USE PERMIT (CUP) 95-0007 MINOR LAND PARTITION (MLP) 95-0017 DEAN SCHUMACHERMOLYNNE ASH 13800 SW 110TH AVENUE WCTM 2S1 03DD, TAX LOT 1300 Pagel of 2 PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE PROPONENT (For the proposal) OPPONENT (Against the proposal) (PRINT NAME/ADDRESS/ZIP S AWIUATION) (PRINT NAME/ADDRESS/ZIP S AWILMTION) Name: Name: Address: O2a D `P V~ Address: ~ U N 0 `C& Sta_ta- 0 zip. G-1007,rity• Stata• zip- Name: Name: Address: Address: rit.v• Stata• Ziu: City State. ZiD. Name: Name: Address: Address: fjty• State- 7 - Qitty: State: 7,& Name: Name: Address: Address: ('.itv• Stare 7i Y) City* State- 7 h:\ Iogin\patty\siguinho.mst CITY OF *GARD HEARING OFFICER SIGN-IN SHEET A,;~ CITY OF TIGARD OREGON NOTICE: AGENDA ITEM FILE NAME(S): CASE NUMBER(S): ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORD THEIR ADDRESS ON THIS SHEET ...(Please PRINT Legibly) OWNER(S)/APPLI CANT(S): LOCATION: MAP(S) & TAX LOT(S) NO(S). II 2.1 IJ DATE OF HEARING: 1/29/96 I Page 2 of 2 ASH/SCHUMACHER DUPLEX CONDITIONAL USE PERMIT (CUP) 95-0007 MINOR LAND PARTITION (MLP) 95-0017 II DEAN SCHUMACHER/JOLYNNE ASH II 13800 SW 110TH AVENUE WCTM 2S1 03DD, TAX LOT 1300 PLEASE PRINT YOUR NA1TME, ADDRESS, AND INCLUDE YOUR ZIP CODE PROPONENT (For the proposal) OPPONENT (Against the proposal) (PRINT NAMEIADDRESS/ZIP E AFFILIATION) (PRINT NAMF/ADDRFSS/ZIP d AFFILIATION) Name: Name: Address: Address: Citv• Std- Zii~• city: State. ?in: Name: Name: Address: Address: C ity' St..p• lip City Std . Name: Name: Address: Address: City. State- 7ir) City. Statp ZIP- Name: Name: Address: Address: Cl tv- tp• n rip. Sta tp• h: Jogin\patty ~s gninho.mst d SENDER: ■Complete items 1 and/or 2 for additional services. ■Complete items 3, 4a, and 4b. S ■ Print your name and address on the reverse of this form so that we can return this card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. ■ Write'Retum Receipt Requested' on the mailpiece below the article number. ■Tho Return Receipt will show to whom the article was delivered and the date c delivered. O I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. ai d a Z V d c 5 d c .y 7 0 OA c r v 3. Article Addressed to: 4a. Article Number m Larry Epstein, P.C. P 431 238 673 a E 722 SW 2nd Avenue, Suite 400 4b. Service Type 0 ❑ Registered [3 Certified ra W Portland OR 97204 ❑ Express Mail ❑ Insured ¢ ❑ Return Receipt for Merchandise ❑ COD A a CUP95-71ULP9b -17) ( 7. Data of D li y~ry u7 z p , 5. Received By: (Print Name) 8. Addressee'"ddress (Only if requested w and fee is paid) 5 6. Suture: r ^ or Agen ) a°. a~ PS Fd rr 3811, December 1994 Domestic Return Receipt 4 ai ri a P 431 238 673 Receipt for sue, , Certified Mail w No Insurance Coverage Provided pDsTaEE Do not use for International Mail U (See Reverse) Ol Sent to p, -Larrv Epstein, P.C. ' 3 U Street and No. U 722 SW 2nd Ave., Suite 400 .o P.O., State and ZIP Code v _Portland OR 904 r-I Postage rX4 v T ✓ Q Certified Fee V 4 V Special Delivery Fee LJ O 44 Restricted Delivery Fee U rn Return Receipt Showing l (0 to Whom & Date Delivered Q SJ t-7 m Return Receipt Showing to Whom, ' Date, and Addressee s Address Q TOTAL Postage t & Fees a C M Postmark or Ht Je^ V ~ 15 w ~ 4€ LL o n ~o C✓J(~ ru N W ` f SJ MEMORANDUM CITY OF TIGARD, OREGON TO: Larry Epstein, Hearings Officer FROM: Greg Berry, Utilities EngineerOV DATE: February 8, 1996 SUBJECT: CUP 95-7/MLP 95-17, Schumacher/Ash Duplex As requested, I have reviewed Condition of Approval No. 1, requiring half-street improvements to SW Garden Park Place. After viewing the site with the applicant, I recommend that the required street improvements be reduced to providing a total paved width of 34 feet along the frontage of Parcel 2 and 24 feet along Parcel 1. The transition between the two widths should occur at a rate of not more than 1 foot per 10 feet of frontage such that the width is 28 feet at the property line between the two parcels. No parking should be permitted along the frontage of either parcel. Since this side of the street is without sidewalks, they may be omitted along the Garden Park Place frontage. The intent of permitting the street to narrow along the frontage of the site and eliminating the sidewalk is to reduce the amount of required site grading and tree removal. These narrowed widths are permitted by the CDC at 18.164.030 E for streets, such as SW Garden Park Place, with an ADT of less than 500. Moreover, the CDC at 18.164.030 A. Lc permits the Director to accept a future improvement guaranty in-lieu of any improvements if any of six conditions exist. Of these, only (v), an "improvement associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets," applies. Acceptance of a future improvement guaranty is not recommended for several reasons: First, there are surrounding completed street improvements. Second, there is little chance that a future improvement guaranty would ever result in completed improvements. Finally, access to SW 100th Avenue was permitted although it is a minor collector. RECOMMENDATION: Replace Condition of Approval No. 1 with: Standard curbs and asphalt concrete pavement with a total width of 34 feet along the frontage of Parcel 2 and 24 feet along Parcel 1 shall be installed. The transition between the two widths shall occur at a rate of not more than 1 foot per 10 feet of frontage such that the width is 28 feet at the property line between the two parcels. No parking will be permitted along the frontage of either parcel. STAFF CONTAC ;John Hagman, Engineering Department (639-4171). APPROVE _ ary Alfoa, t ng City Eng_ineer U r 02/15/1996 11:52 503678204 February 15, 1995 TO: Mark Roberts, City of Tigard FAR: Jolynne Ash JOLYNNE ASH RE: Memo dated February 8, 1996, CUP95-7/MLP 95-17, Schumacher/Ash Duplex PAGE 01 Regarding the recommendations by the City to the Hearings Officer, T find the conditions to be acceptable and request that your forward them on to Larry Epstein at your earliest opportunity. i would also like to thank you for the time and effort you and Greg Berry put forth in assisting us with this project. Sincerelely, Jolynne Ash 0 • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Dean Schumacher and ) FINAL ORDER Jolynne Ash for a minor partition and a conditional ) MLP 95-0017 use permit for a duplex at 13800 SW 110th Avenue ) CUP 95-0007 in the City of Tigard, Oregon ) (Schumacher/Ash) I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit for a duplex in the R-4.5 zone. The applicant also proposes a minor land partition to create two lots. One of the lots will be used for the proposed duplex; the other lot is developed with a single family detached dwelling. At the hearing in this matter on January 29, 1996, City staff recommended conditional approval. The applicant accepted the recommended conditions, except a recommended condition requiring street improvements. No one objected to granting the applications. LOCATION: 13800 SW 110th Avenue; WCTM 2S1 3DD, tax lot 1300 APPLICANT: Joynne Ash PROPERTY OWNER: Dean Schumacher APPLICABLE LAW: Community Development Code Sections 18.50.040(6), 18.50.050(A), 18.88.040(C), 18.106.030(A), 18.108.060, 18.108.070, 18.130.040, 18.130.150(C)(10), 18.162.040, 18.162.050(C), and 18.164 STAFF RECOMMENDATION: Conditionally approve HEARINGS OFFICER DECISION: Conditionally approved II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape : The site is roughly 189 feet wide (east-west) and 109 to 123 feet deep (north-south), and contains 21,730 square feet (0.50 acres), including right of way vacated by the City Council on December 10, 1991. B. Site location : The site is the southeast quadrant of the intersection of SW 110th Avenue and Garden Park Place. C. Existing uses and structures : There is a single family detached dwelling situated 24 feet from the east edge of the site, 50 feet from the south edge, 34 feet from the north edge and 78 feet from the west edge. Access to the dwelling is by means of a 20-foot paved drive that extends west to 110th Avenue along the south edge of the site. Hearings Ofcer Final Order MLP 95-00171CUP 95-0007 (Schumacher/Ash) Page 1 • • D. Proposed uses and structures : The applicant proposes to divide the site into two lots. One lot would be about 95 feet wide (east-west) and 123 feet deep (north-south). It would contain about 11,728 square feet and an existing single family dwelling. The second lots would be about 81 feet wide (east-west) and 124 feet deep (north-south). It would contain about 10,002 square feet and the proposed duplex. Access is proposed to 110th Avenue by means of one driveway for the duplex and one driveway for the existing single family dwelling. E. Existing and proposed vegetation : The site contains mature conifer and deciduous trees and shrubs. A line of cedar trees, holly and laurel bush screen the proposed duplex lot from the adjoining property to the south. The applicant will remove trees along the frontage to accommodate street improvements. F. Topography and drainage : The site slopes to the southwest, with more steep slopes along the Garden Park Place frontage. Storm water from the site will be directed to a storm sewer line in SW 110th Avenue. The applicant does not propose to provide on-site storm water quality enhancement features. G. Plan designation and zoning : The site and land to the north and east are designated and zoned R-4.5 (Residential, 4.5 units per acre). Land to the south is designated and zoned R-7 (Residential, 7 units per acre). Land to the west is designated and zoned R-3.5 (Residential, 3.5 units per acre). H. Public services and utilities : The existing dwelling is and will continue to be served by public sanitary sewer and water systems. The applicant plans to connect the proposed duplex to public sanitary sewer and water systems. L Streets and access : The site has about 175 feet of frontage along the south side of SW Garden Park Place and about 123 feet of frontage along SW 110th Avenue. SW Garden Park Place is a loop road that was developed as part of the Gaarde Place and Karen Park subdivisions. It is classified as a local street. Except along the frontage of the subject site, the street is dedicated and improved to City standards, although a sidewalk was not built or required along the inside of the street. SW 110th Avenue is a minor collector street. It has a 20-foot half-width right of way and a 16-foot paved section without curb or sidewalk adjoining the site. J. Surrounding land uses : Within 300 feet of the subject site, there are 10 one- and two-story single family detached and 13 duplex dwellings. West and southwest of the site, across 110th Avenue, is the First Baptist Church and its annex and parking lot. Hearings Ofcer Final Order MLP 95-00171CUP 95-0007 (Schumacher/Ash) Page 2 • • III. APPLICABLE APPROVAL STANDARDS A. Title 18 (Community Development Code). 1. Section 18.50.040 lists Duplex as a conditional use in the R-4.5 zoning district. Sections 18.50.50(A)(3) and (4) contain the following dimensional standards for the R- 4.5 zone: Minimum lot size ........................7500 sq. ft. Average minimum lot width 50 feet Front setback 20 feet Interior side setback 5 feet Street side setback ......................15 feet/20 feet for a garage Rear setback .............................15 feet Maximum building height 30 feet 2. Section 18.88.040(C) contains solar access standards for new development. A lot complies with this section if it has a north-south dimension of 90 feet or more, and has a front lot line that is oriented within 30 degrees of a true east-west axis. 3. Section 18.106.030(A) requires at least 2 parking spaces per detached or attached dwelling unit, at least one of which must be covered. 4. Section 18.108.060 provides that direct vehicular access to collector or arterial streets from single family dwellings and duplex lots shall be discouraged. Section 18.108.070 requires a minimum 10-foot wide drive for a single family dwelling or for a duplex with separate drives for each unit and a minimum 20-foot wide drive for a duplex with a shared driveway. Section 18.108.100 provides the Director may restrict the location of driveways to eliminate turning movement problems. 5. Section 18.130.040 contains the following standards for a conditional use: a. The site size and dimensions provide: (1) Adequate area for the needs of the proposed use; and (2) Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. b. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. c. All required 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 standards set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Site Development Review), if applicable, are met. f. The use will comply with the applicable policies of the Comprehensive Plan. Hearings Ogicer Final Order MLP 95-00171CUP 95-0007 (Schumacher/Ash) Page 3 • 0 6. Section 18.130.150(C)(10) provides that dimensional requirements for a duplex are the same as for other structures in the underlying zone, provided the minimum lot size is 10,000 square feet. 7. Section 18.162.040 contains standards for minor land partitions. To be approved, a preliminary plat must comply with the following criteria: a. It must comply with the City's comprehensive plan and applicable statutes, ordinances and regulations, including size and dimensional requirements; b. Adequate public facilities must be available to serve the site; and c. All proposed improvements must comply with City and applicable agency standards. 8. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. b. Section 18.164.030(E) requires a local street to be improved with a minimum 34-foot paved section between curbs and sidewalks in a 50-foot right of way and a minor collector street to be improved with a minimum 40-foot paved section between curbs and sidewalks in a minimum 60-foot right of way. An exception to the sidewalk requirement can be granted in an established area where the public benefit does not warrant the private adverse impact of providing the sidewalk. c. Section 18.164.060 prohibits lot depth from being more than 2-1/2 times the lot width and requires at least 25 feet of frontage on a street. d. Section 18.164.090 requires sanitary sewer service. e. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. B. Applicable Comprehensive Plan Policies. Policy 2.1.1 requires that adjoining property owners, the local NPO and the general public have notice and an opportunity to comment on proposed development. C. Resolution and Order 91-47. Resolution and Order 91-47 requires all new developments that add additional impervious surface to include a water quality treatment facility. IV. HEARING AND TESTIMONY A. Hearing. The Hearings Officer received testimony at the public hearing about this application on January 29, 1996. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. Hearings OJ7cerFinal Order MLP 95-00171CUP 95-0007 (Schumacher/Ash) Page 4 B. Testimony. 1. Mark Roberts testified for the City and summarized the staff report. He recommended deletion of condition 5.1), because it does not relate to the application in question. 2. Jolynne Ash testified on her own behalf. She corrected the statement on page 10 of the City Staff Report regarding sanitary sewer, noting that the City Engineer has decided to have a private sewer extension serve the site. She objected to recommended condition of approval 1, which requires the applicant to improve the frontage of Garden Prk Place with standard half-width improvements. Mr. Roberts agreed a sidewalk should not be required, because there is not a sidewalk on the remainder of that street. But he testified other street improvements should be required conistent with the Code. 3. The hearings officer held open the record for 21 calendar days to enable the applicant to discuss the disputed condition of approval with City staff. C. Agency Comments. The Hearings Officer incorporates by reference the agency comments at pages 10-11 of the City Staff Report except as corrected by Ms. Ash at the hearing. V. EVALUATION OF REQUEST A. Compliance with Title 18 (Community Development Code). 1. The proposed lots and conditional use comply with Chapter 18.50 and 18.106, because the proposed use is listed as a conditional use in the R-4.5 zone, and the lots and structure comply with the dimensional requirements of the zone. 2. The proposed lots comply with Section 18.88.040(C), because both lots have a front lot line oriented within 30° of a true east-west line and a north-south lot dimension of at least 90 feet. 3. The proposed use complies with Section 18.106.030(A), because each dwelling will have at least 2 parking spaces, at least one of which is covered. 4. The proposed use can comply with Section 18.108.060 although it has access to 110th Avenue, because the site already has access to that street. The proposed driveway widths comply with Section 18.108.070, because each dwelling will have a separate driveway at least 10 feet wide. 5. The proposed use complies with Chapter 18.130, because: a. The site size and dimensions accommodate the proposed use while preserving most existing mature vegetation. b. The characteristics of the site are suitable for the proposed use, because it is large enough to accommodate development and landscaping, it is situated in an area characterized by duplex dwellings, it preserves an existing structure that minimizes the impact of building height, and it does not contains significant physical hazards or natural features that would be adversely affected by development. Hearings Officer Final Order MLP 95-00171CUP 95-0007 (Schumacher/Ash) Page 5 c. Public sewer and water are available to and have capacity to serve the site. d. The applicable provisions of the R-4.5 zone are fulfilled as noted above. e. The use will comply with the applicable Comprehensive Plan policies, based on finding V.E. f. The front, rear, and street side yards are at least 20 feet and the interior side yard is at least 5 feet. g. Building height does not exceed 30 feet. h. The duplex site contains at least 10,000 square feet. 6. The proposed minor land partition complies with Section 18.162.040, because the proposed lots comply with the City's comprehensive plan and applicable ordinances as provided elsewhere herein, adequate public facilities are available to serve the lots, and all proposed public improvements will comply with applicable City standard except as otherwise provided herein. 7. The proposed partition and conditional use comply with Chapter 18.164, because: a. The applicant will dedicate and improve roads adjoining the site to City standards. An exception to the sidewalk requirements along SW Garden Park Place is warranted, because the sidewalk does not exist on the remainder of the frontage. Consistent with the recommendation of Greg Berry dated February 8, 1996, a further modification to street standards is warranted to reduce the required half- width of Garden Park Place from 34 feet to 24 feet across the site frontage transitioning at a ratio of not more than 1 foot per 10 feet of frontage. Deferral of the frontage improvements is not warranted, based on the reasons in Mr. Berry's February 8 memo. Ms. Ash accepted this modification by letter dated February 15. b. Lots are not more than 2-1/2 deeper than the lot width and have at least 25 feet of frontage on a street. c. All lots will be served by public water, sanitary sewer and storm drainage systems. Conditions are warranted requiring granting of easements for utilities where they cross private property, and requiring the applicant to submit a plan showing the location of existing utilities that will be retained. B. Compliance with applicable Comprehensive Plan Policies. The proposed use 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. C. Compliance with Resolution and Order 91-47. The proposed use can comply with Resolution and Order 91-47 by providing on-site surface water quality features or alternatives permitted by law. Hearings Officer Final Order MLP 95-00171CUP 95-0007 (Schumacher/Ash) Page 6 VI. SITE VISIT BY HEARINGS OFFICER The Hearings Officer visited the site and area that could be affected by the proposed partition and conditional use. VII. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed partition and conditional use will not be significantly detrimental nor injurious to surrounding uses, provided development that occurs after this decision complies with applicable local, state, and federal law and the conditions of this decision. In recognition of the findings and conclusions contained herein, and incorporating the Summary and other reports of affected agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 95-07 and MLP 95-17 (Schumacher/Ash), subject to the conditions recommended in the City Staff Report with the following modifications: 1. Condition of approval No. 1 is hereby amended to read as follows: Standard curbs and asphalt concrete pavement with a total width of 34 feet along the frontage of Parcel 2 and 24 feet along Parcel 1 shall be installed. The transition between the two widths shall occur at a rate of not more than 1 foot per 10 feet of frontage such that the width shall be 28 feet at the property line between the two parcels. No parking shall be permitted along the frontage of wither parcel. STAFF CONTACT: John Hagman, Engineering Dept. (639-4171). 2. Condition of approval 5.1) is hereby deleted. Larry Epstein, ybary, 1996. Hearings Officer Hearings Officer Final Order MLP 95-00171CUP 95-0007 (Schumacher/Ash) Page 7 0 Agenda Item: 2.1 Hearing Date: lanuarv 29,1996 Time: 7:00 PM BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON 1. APPLICATION SUMMARY CASES: FILE NAME: ASH/SCHUMACHER DUPLEX Conditional Use Permit CUP 95-0007 Minor Land Partition MLP 95-0017 PROPOSAL: The applicant requests Minor Land Partition approval to partition one (1) parcel of approximately 21,730 square feet into two (2) parcels of 10,002 and 11,728 square feet. The applicant has also requested Conditional Use Permit approval to develop a duplex on the 10,002 square foot parcel. APPLICANT: Jolynne Ash 13032 Maple Leaf Aurora, OR 97002 OWNER: Dean Shumacher 13800 SW 110th Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (1-5 dwelling units per acre). ZONING DESIGNATION: Low Density Residential 4.5 units per acre (R-4.5). LOCATION: 13800 SW 110th (WCTM 2S1 03DD, tax lot 1300). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. STAFF RECOMMENDATION: APPROVAL, subject to the following conditions. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 1 ! ! CONDITIONS OF APPROVAL In recognition of the findings staff recommends that the Hearings Officer approve Conditional Use Permit CUP 95-0007 and Minor Land Partition MLP 95-0017 subject to the following requirements: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: 1. Standard half-street improvements, including concrete sidewalk, curb, asphaltic concrete pavement, sanitary sewer, storm drainage street lights, and underground utilities shall be installed along the frontage of SW Garden Park Place. Improvements shall be designed and constructed to local street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department. 2. Standard half-street improvements, including concrete sidewalk, curb, driveway aprons, asphaltic concrete pavement, storm drainage, street lights, and underground utilities shall be installed along the frontage of SW 110th Avenue. Improvements shall be designed and constructed to minor collector street standards and shall conform to the alignment of adjacent improvements or to an alignment approved by the Engineering Department. Applicant shall provide confirmation that the frontage along SW 110th has been dedicated to a width of 30 feet from centerline. STAFF CONTACT: John Hagman, Engineering Department. 3. Applicant shall provide confirmation that the frontage along SW Garden Park Place has a width of 25 feet from centerline. STAFF CONTACT: Greg Berry, Engineering Department. 4. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department. 5. Final Plat Application Submission Requirements: A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Copy of recorded boundary survey for site. C. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05) Washington County, and by the City of Tigard. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 2 • • D. The Partition plat shall include a note prohibiting direct vehicular access to SW Hall Boulevard from Lot 3. 6. The applicant shall pay a fee in-lieu of an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. STAFF CONTACT: Development Services Technicians. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED: 7. Provide the Engineering Department with a recorded mylar copy of the partition plat; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. STAFF CONTACT: John Hadley, Engineering Department. 8. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on-site system designed to prevent runoff onto the adjacent property. STAFF CONTACT: David Scott, Building Division. 9. The applicant shall submit revised site and landscaping plans or obtain approval of the following: STAFF CONTACT: Mark Roberts, Planning Division. a. The applicant shall provide an arborist report where existing trees in excess of 12 inches in diameter are to be removed. The -report shall be accompanied by a tree mitigation plan to identify where replacement trees would be planted. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 3 • • 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification on a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 4 II. FINDINGS ABOUT SITE AND SURROUNDINGS Background Information: A street vacation request was approved by the City Council in 1990 for a portion of the property frontage on SW Garden Park Place. In 1991 the Hearings Officer approved CUP 91-0010 and MLP 91-0014 for this site for the same type of development as is proposed. This application expired after 18 months when no development activity took place. No other land use applications have been filed for this site since that time. Site size and shape: The site is approximately .49 acres in total size with dimensions of approximately 109 feet along SW 110th Avenue and 175 feet along SW Garden Park Place. Existing uses and structures: The site is presently developed with a duplex located towards the easterly property line with access to SW 110th Avenue. The remainder of the parcel is presently undeveloped. Surrounding land uses: The subject property is surrounded to the north and east by properties which are zoned R-4.5 (on the north and east sides). The adjoining areas are developed with a mixture of duplex residences and detached single family residences along the west side of SW 110th Avenue. III. APPLICABLE APPROVAL STANDARDS Communitv Development Code: Section 18.50 (R-4.5 Development Standards) allows a duplex subject to approval of a Conditional Use Permit. The Development Code defines a duplex as two attached single family dwelling units. The development standards set forth for residential development in Section 18.50 are partially superseded by the Conditional Use Permit standards set forth in Section 18.130 which are reviewed elsewhere. A maximum height of 35 feet is permitted for habitable structures. The applicant has not provided building elevations for the duplex however the building height will be reviewed for compliance with the maximum height standard prior to the issuance of Building Permits. Section 18.100 (Landscaping and Screening) provides standards for landscaping and screening for between uses of varying intensity. This section does not require specific land use buffers between a duplex and a detached single-family dwelling, therefore, this section is found to be inapplicable. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 5 • • Section 18.102 (Visual Clearance) requires that a visual clearance area be maintained along the intersections of all public and private right-of-ways. The proposed site improvements will be reviewed for these requirements prior to the issuance of Building Permits. Section 18.106 (Parking) specifies a parking ratio of two off-street parking spaces for each dwelling unit. The site can be developed in accordance with this requirement. The site will be reviewed for compliance with these requirements prior to the issuance of Building Permits. Section 18.108.080 (Access) requires that a minimum of a 15 foot driveway with 10 feet of pavement required where up to two lots are being served. The existing driveway appears to be less than 10 feet in width. The applicant has proposed to share the existing common driveway onto SW 110th Avenue for both the existing and the proposed duplex. The existing driveway width will be reviewed prior to the issuance of Building Permits and where necessary, will be required to be widened prior to issuance of Certificate of Occupancy. Section 18.130.040 (Conditional Use Permits) contains the following general approval criteria for a Conditional Use: 1. The site size and dimensions provide: a. Adequate area for the needs of the proposed use; and b. Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use 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. 3. 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 Site Development Review are met. 6. The use will comply with the applicable policies of the comprehensive plan. The site complies with the dimensional criteria for development of a duplex as is reviewed in detail in this report. On three sides, the surrounding residential properties are developed with duplex structures of varying architectural themes. Although no building elevations were provided the applicant can use one of several architectural plans and be compatible with the adjoining neighborhood. Public facilities are available or can be made available to serve this addition. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 -ASH/SCHUMACHER DUPLEX Page 6 0 • Section 18.130.150 (C)(15) provides development standards for the development of a duplex. Sections (a-c) require that a minimum of 10,000 square feet be provided for a duplex, that the structure comply with the Solar Accessibility Standards of Section 18.88 and that the duplex comply with the underlying dimensional requirements of the zoning district. The parcel size as proposed complies with the 10,000 square foot requirement. Because the lot exceeds a minimum dimension of 90 feet within 30 degrees of a north-south direction, the parcel meets the Basic Standard and complies with Solar Accessibility regulations. Prior to issuance of Building Permits, the future structure on the site will be required to comply with the Solar Balance Point criteria of the Solar Accessibility requirements. The criteria contained within Section 18.114 (Signage) and 18.120 (Site Development Review) are addressed elsewhere within this report, or are deemed to be inapplicable because this development is not a commercial or multiple-family residential project. The Comprehensive Plan presently designates this site Low Density Residential for 1-5 dwelling units per acre. The density proposed by this development is consistent with development standards of the R-4.5 Zoning District which implements the density range provided in the Comprehensive Plan. The Development Code's development regulations implement the policies of the Comprehensive Plan. The applicable standards are reviewed in detail within this report Tree Removal: Section 18.150.025) requires an arborist report for Conditional Use Permit applications where trees in excess of 12 inches in diameter measured four feet above the ground level are proposed to be removed. The applicant did not provide this report but had stated that trees are to be removed as necessary to develop the proposed duplex and related site improvements. Based on the limited number of trees which exist on the portion of the site to be developed with the new duplex it is not clear that any trees need to be removed to construct the proposed site improvements. The applicant shall provide an arborist report where trees in excess of 12 inches in diameter are to be removed. The report shall be accompanied by a tree mitigation plan to identify where replacement trees would be planted. Minor Land Partition Section 18.162.040 contains the following general approval criteria for review of a Minor Land Partition: The proposal conforms with the City's Comprehensive Plan; The proposed partition complies with all statutory and ordinance requirements and regulations; Adequate public facilities are available to serve the proposal; All proposed lots conform to the size and dimensional requirements of this title; and HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 7 0 • All proposed improvements meet city and applicable agency standards (Ord. 89-06; Ord. 83-52). Each of the proposed parcels would exceed the 10,000 square foot minimum. The proposed parcels comply with the R-4.5 Zoning District. The parcels as proposed would allow the development of two residential dwelling units for the lot to be created. The existing duplex on the property will also continue to comply with the development standards of the R-4.5 Zoning District in terms of the minimum lot size and setbacks requirements. The development as proposed does not exceed the maximum residential density allowed under Chapter 18.92 for a .49 acre R-4.5 property. Upon completion of the appeal period the development will have complied with the preliminary statutory development review requirements. Adequate public facilities are available or have been required to be provided to serve this site as set forth in Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drain) are reviewed within the Engineering Departments comments contained elsewhere within this report. The new parcels do not exceed a two and one half, to one, length to depth ratio. The parcels would both average in excess of 90 feet width as required to develop a duplex. For these reasons the proposed parcel configurations conform with size and dimensional requirements of the R-4.5 Zoning District. All proposed improvements will comply with City and applicable agency standards prior to the issuance of Building Permits. Both parcels comply with the Basic Solar Access requirements because the north-south lot dimension exceeds 90 feet in length. The development or redevelopment of structures on both parcels will also be required to comply with Solar Balance Point Standards of the Solar Accessibility standards. Section 18.162.050 contains the following provisions for lots created through the partition process: Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. Lot Frontage: Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. Setbacks: Setbacks shall be as required by the applicable zoning district. Front Yard Determination on flag lots: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 8 0 • Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. Reciprocal Easements: Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. Where landfill and/or development is allowed within or adjacent to the one- hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The parcels will exceed the area requirement of 10,000 square feet set forth within the R- 4.5 Zoning District for sites to be developed with a duplex. Each newly created parcel would have in excess of 90 feet in average width. Standards for setbacks, landscaping, and clear vision requirements, will be reviewed prior to the issuance of Building Permits. The proposed lots will each have in excess of 15 feet of frontage on the existing public streets. For this reason a flag lot setback determination is not necessary and flag lot access screening is not required. Prior to the issuance of Building Permits fire hydrants shall be consistent with Uniform Fire Code standards. A reciprocal access maintenance agreement is required to maintain the proposed joint access easement which is proposed to serve both the existing duplex and the proposed duplex. Both properties have direct frontage on a public street. The property is not located within the 100-year flood plain, or in areas with slopes exceeding 25 percent. Because the site does not adjoin the 100-year flood plain, dedication of areas for pathway purposes is not applicable. Section 18.164 (Streets and Utilities) contains development standards for streets and utilities. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 9 • Section 18.164.030(E) requires a Minor Collector Street to have a minimum of 60 feet of right-of-way, a 40 feet minimum roadway width, and 2-3 moving lanes. Section 18.164.070(A) requires sidewalks adjoining both sides of a Minor Collector Streets and Local Streets. Section 18.164.090 requires sanitary sewer service. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The streets and utility requirements for this development have been reviewed by the Engineering Department below. IV. OTHER STAFF COMMENTS Streets: Access to the existing house is provide by an existing gravel driveway to 110th Avenue. The proposed access for the duplex is provided by a common driveway also to SW 110th Avenue. The frontage along SW Garden Park Place, a local street, has existing right-of-way of 50 feet in width as a result of a right-of-way dedication referred to by the applicant's submittal. The applicant should confirm this dedication. The street frontage is unimproved except for a partial width pavement. The adjoining frontage is fully improved except for sidewalk. SW 110th Avenue, a minor collector, is unimproved along the frontage but fully improved along both adjoining frontages. The applicant has proposed to provide the required additional right-of-way and half street improvements. Sanitary Sewer: Sanitary sewer service is provided by extending a public line from the existing sewer in SW Garden Park Place. Storm Sewer: The applicant proposes to provide storm drainage by extending the storm drain in SW 110th Avenue. HEARING'S OFFICER CUP 95-00071MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 10 • V. AGENCY COMMENTS • The Tualatin Valley Fire District reviewed this application and provided the following comments: Hydrants shall be placed so that all portions of the exterior walls of buildings (500 feet for commercially sprinklered buildings). Location of hydrants and supply piping to said hydrants for water supply, shall be approved by this office. There must be a hydrant within 500 feet of all portions of the structure. No other comments were received by the Planning Division. VI. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use Permit and Minor Land Partition requests will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. Prepared By: Mark Roberts Date Associate Planner HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 11 y 1 1 ` CA I.. 1 ul -f I T 7,77- anden Park place N Sw G VA'` 162 6 Q; w 9 1*4 56 1 N ~ ~ y3 : th -44 -710 56'~= Place arden Park SW G 1 E N0. ,C AS CUP 95.0007 MLP 95_pp17 C)T p L AP 1-11B~T ~ - w ST~)' J-- m S1 C Q %a if C CO CL O ZN U Vicinity Map A CUP 95-0007A1V Y 95-001.7 Note: Map is not to scale N ASH DUPLEX ~I FAI RHAVEN / GBBQF, PARK P,~ ` SITE v M 6 EXHIBIT IL 1 I L ' p 1 i f 1 `5 / tea- ~ 4 Z i , JpN~ ~ l cr. ' 8 y OWNS I n VIC114~SAP ~Xr11B i. 1 C AsE N°' CUP 95„0007 A ~ NILP 95.0017 t 4 5 I 75.22-_ Ti-73 t2I.16 , 37.-7q,i Q n park place ' z SW Garde Z --j ' t 1 -0~ rzt5.85' t~ ~y Z6.7a' 314 I Ck. 1 W m 1 a f o'~< Q . y3 q W - rr A5 SO•~6 - piaGe SVW Garden park _ C p$~ 00. Cup 95.0007 P L A~ w MLp g5'~Q17 P1.0-T P I IT M A E~,1-IIB 11 • • A request by Jolynne Ash who is purchasing the property from Dean Schumacher the owner of record for a conditional use permit and minor land partition to divide a .51 acre parcel into two lots of 10,000 sq. ft. and 11,680 sq. ft. The conditional use permit would allow the construction of a duplex on the newly created parcel. The property is zoned R-4.5 and is located at 13800 SW 110th Ave. (2S1 3DD lot 1300). This property was previously approved for a conditional use permit in 1991 that has since expired. The proposed partition creates a 10,000q. ft. duplex lot and a 11,680 sq. ft. single famil lot with and existing residence. Both are allowed by the city comprehensive plan. current setback and lot size requirements shall be met by the proposal for both lots. We will install a 6" residential sewer line in accordance with the pre-app meeting held on 11/7/95 prior to final partition. A vacation of public right of way for garden Park PI was completed as part of the 1991 conditional use application. And it is my understanding that I will be required to vacate part of my property on 110th to create the required street width and do 1/2 street improvements along 110th which will include sidewalks and concreate driveway for the duplex at time of construction. We do not have immediate plans to begin construction of the duplex, therefore exact floorplans are not available. All necessary public utilites are accessable and all improvements shall meet city standards. A community meeting was held on November 29, 1995. Jolynne Ash 13032 Maple Leaf Ct. Aurora, OR 97002 678-2020 Page No. 6 Order No. 628120-004-DH • EXHIBIT A • A tract of land in the Southeast quarter of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon. Beginning at an iron rod on the easterly line of a 16.66-foot wide entrance roadway (Deed Book 236, Page 565) and which iron rod is South 890 35' West 1,402.34 feet and North 000 11' West 407 feet from the southeast corner of said Section 3, and going thence North 890 56' East 190.6 feet to an iron rod; thence North 000 11' West 138.6 feet to an iron rod; thence South 890 56' West 98 feet; thence South 000 11' East 22 feet; thence South 890 56' West 92.6 feet to an iron rod on the aforesaid easterly roadway line; thence on the roadway line, South 000 11' East 116.6 feet to the true point of beginning. TOGETHER WITH that portion of vacated SW Garden Park Place adjoining that would attach thereto by ordinance No. 91-35 recorded January 15, 1992 as Recorder's Fee No. 92002769. r • • -11111 Fidelity National Title Co. of Oregon • The sketch below is made solely for the purpose of assisting in locating said premises and the Company assumes no liability for variations. if any, in dimensions and location ascertained by actual survey. ~2S1 33~ 7= U r ;7 $ W r -A ~ r? ~ 0 > A V Q Itaw In IS? laa its • t IIW 1sup 11/r _ r S.W. >;n t FAIRHAVEN """STREET WO 100 qC to 1[IQ .[N a. 11010 as 410 412 413 414 415 416 417 ~tl 435 436 ° .a,•alaa'[ ' e 6 5 - 4 3 .S 2 ° 1 t 3 0 2 all ~ U t •r 5 " d Iw 111 6 i ee 1W IDp 1V Wo s/ya ..+•3^ao r \a•. .,r 11..1. 110 ■D.'MK [ "C IDLN 1sDa°' 110 ! 0 4344 tai _r' ,;rra •0 422 421 420 419 418 . 16 . F ' - - • • r ` 4 1. 500 423 ur • 424 v+ 12 a+ d 13 14 15 e~ IO it a . . 9 r~'r.'DO'•. °s~^ ttSAWL . 4F a • 11M TV 34 % ~ 433 ' Yom. 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INC. • _ 54.4 (TYP) 3 W HELD INTERIOR ANGLE 90°00'00" (P1) 0 GAARDE PARK o io 0 5/8" IR WITH z o LOW PLASTIC CAP ARKED "LS 1841" -OR R/W CORNER SURVEY #21,814 S U RVEYO R'S C E RT F- CATE DUG GILBERTSON, HEREBY CERTIFY THAT I HAVE CORRECTLY SURVEYED AND MARKED WITH PROPER-;;A UMENTS THE LANDS REPRESENTED ON THE ANNEXED PARTITION MAP. THE BOUNDARY BEING DESCRIBI ?ACT OF LAND IN THE SOUTHEAST 1 /4 OF SECTION 3. TOWNSHIP 2 SOUTH. RANGE YOF TIGARD. WASHINGTON COUNTY- ORFf.ON_ FURTHER DESCRIR;7n AS FOLLOWS: (P2) 0 20 40 10 30 SCALE: 1" = 40' sw GAt~oEw PARK P1..A c E. Z is -A - 4 0- < 6- O C1t `L I~ a s N v n. O J 7 13 H 3/14 WATe-2' LSr 517-E Sc~.`J~GE 1r7,©o0 s~.-ft. It y X85 s~.ft \ o W.- 4-~RgG7s uTtL~rTY poc.ES 145' ~,:<r ~•;~y~ frhNme< pYG2 tt6t1--t7 ~-f N F,S > ~R>c E5 Q--...~, f- F..KtSTiN G N p O ~ Sth(C~LG t -rEL- F- Ir .1 - t„A$ f_F- o to STREET f1 DEDtic.ATION FAM1L;/r 17I W/ATI;R► 3 MAIN RES, NA-r, G,,AS ~(1 S GKvtcE / TREES F- . 'r • - - - - S • 27, o . is. 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GArS MAIN • EXIST INC- WAOI-F- - m&IN ((o" •c.z, P 1?E d.. O N .9 .M • • Artectural Drawings: At this time we have not selected an actual blue print for construction because of the prelimanry stage of the proposal. Our plan is to construct a two story duplex which will have 2 bedrooms each approx 700 sf The garages will be attached, and located in the middle of the building with a common driveway off 110th Ave. tVo AG09DA viol 0 0 COMMUNITY NEWSPAPERS, INC. e fl P.O. BOX 370 PHONE (503) 684.0360 BEAVERTON. OREGON 97075 Legal Notice Advertising •Citrof~'~a~rd • ❑ Tearsheet Notice 13125 SW Hall Blvd. •Tigard,Oregon 97223-8199 • ❑ Duplicate Affidavit •ACcounts Payable-Terry • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I Kathy Snyder being first duly sworn, depose and say, that I am the Advertising Director, or his principal clerk, of them, Bard-Tna 1 ati n TXrnes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at TIaard in the aforesaid count and state; that the SLR 95-00-16 Pastor/Van a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ()NF. successive and consecutive in the following issues: Januarv 18,1996 K(xR Legal TT 8383 Notice The following will be considered by the Tigard Hearings Officer on Mon- day, January 29,199¢, at 7:00 P.M., at Tigard Civic Center - Town Hall, 13125 S.W. Hall Boulevard, Tigard, Oregon. Both public, oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter accompanied by statements or evidence suffi- cient to allow the hearings authority and all parties to respond precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division at 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, or by calling (503) 639.4171. PUBLIC HEARING: SENSITIVE LANDS REVIEW (SLR) 95-0016 PASTORNAN A request for Sensitive Lands Review to allow cut and fill within the 100-year floodplain and associated wetlands. The proposal would include placing approximately 4,080 cubis yards of fill within the floodplain and impacting approximately .86 acres of wetland. LOCATION: 15245 S.W. 74th Avenue (WCTM 2S1 12DB, tax lot 00700). ZONE: I-P (Industrial Park) The Industrial Park zoning allows public agency administrative ser- vices, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution, among other uses. APPLICABLE REVIEW CRITERIA: Community Development r-,4- Section 1'8.84. Subscribed and sworn to fore me thi.ol8th day of January, A. OURGESS ~s(~l, , Ult2~✓iY~ NOTARY ;'USL IC - OREGON Nota,,,,I'blic for Oregon COMMISSION NO. 024552 M ' ZJ" MY COMMISS ON EXPIRES MAY 16,1997 J TT8383 - Publish Jannuary 18, 1996. My Commission Expires: AFFIDAVIT. . rr~ ~ _ PUBLIC HEARING CITY OF TIGARD NOTICE THE TIGARD HEARING'S OFFICER, AT A MEETING ON MONDAY, JANUARY 29. 1996 AT 7.00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION. FILE NO: SENSITIVE LANDS REVIEW (SLR) 95-0016 FILE TITLE: PASTOR/VAN APPLICANT: Pamela Van, CIDA OWNER: Bill Pastor 5200 SW Macadam Ave. #420 15930 SW 74th Ave. Portland, OR 97201 Tigard, OR 97223 REQUEST > A request for Sensitive Lands Review approval to allow cut and fill within the 100-year floodplain and associated wetlands. The proposal would include placing approximately 4,080 cubic yards of fill within the floodplain and impacting approximately .86 acres of wetland. LOCATION: 15245 SW 74th Avenue (WCTM 2S1 12DB, tax lot 00700). APPLICABLE REVIEW Community Development Code Chapter 18.84. CRITERIA: ZONE: I-P (Industrial Park) The Industrial Park zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution, among other uses. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684- 2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. SLR 95-0016 PASTORIVAN PROPOSAUREQUEST FOR COMMENTS • • ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER JANUARY 8. 1996 ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND, PRECLUDES AN APPEAL AN APPEAL AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL BASED ON THAT CRITERION. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. 1 q C,.LE w SLR 950016 'a c: i~ PASTOR/VAN PROPOSAL/REQUEST FOR COMMENTS CITY OF TIC&RD HEARING'S (WFICER SIGN-IN SHEET NOTICE: AGENDA ITEM FILE NAME(S): CASE NUMBER(S): A~~ .ITY OF TIGARD OREGON ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORD THEIR ADDRESS ON THIS SHEET...(Please PRINT Legibly) OWNER(S)/APPLICANT(S) LOCATION: MAP(S) & TAY LOT(S) NO(S) 2.2 II DATE OF HEARING: 1/29/96 Page 1 of 2 PASTORNANN SENSITIVE LANDS REVIEW (SLR) 95-0016 BILL PASTOR/PAMELA VANN, CIDA 15245 SW 74TH AVENUE WCTM 2S1 12DB, TAX LOT 00700 PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE PROPONENT (For the proposal) (PRINT NAMF/ADDRESS/ZIP E AFFILIATION) Name: Ak6_=~'Dl OPPONENT Name: tv \ I 1 St-ate. L. 7,~ ZZ ~tv: 1 Name: La r1K7~7 Name: Address: Address: c.i (Against the proposal) (PRINT NAME/ADDRFSYMP S AITIUATION) Sta tP' 7~, 7S -2Z~ .Sw A4'<-4 -cit- I I'&," State\0~r 9'►ZV,u• his Mole L Name: k o Address:~~~~ S• (_cez( Name:' z~_ algv p Address: 7~r~(. SC✓ JID awe. State. Of*Z- zip. p~>_21a y sj F t_ `6 11/ Name: ff Address: 7 S 7i97LLy 5~~ gay Name: \ L7~✓Lj / i(~ v ( 57'- Address: 70 rGtJ._ / 12f~+/a~o/S 71n- , 7P,-5r (`itv /,q 45Z J fitatP• •~rtVe h: \1o gin \p atty\si gninho. mst CITY OF TIO&RD HEARING'S WFICER SIGN-IN SHEET Ai~ CITY OF TIGARD OREGON NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORD THEIR ADDRESS ON THIS SHEET ...(Please PRINT Legiblvl AGENDA ITEM # A FILE NAME(S): CASE NUVIBER(S): OWNER(S)/APPLICANT(S): LOCATION: VIAP(S) & TAX LOT(S) NO(S) 2.2 DATE OF HEARING: 1/29/96 PASTOR/VANN II SENSITIVE LANDS REVIEW (SLR) 95-0016 II BILL PASTOR/PAMELA VANN, CIDA II 15245 SW 74TH AVENUE WCTM 281 12DB, TAX LOT 00700 OPPONENT (Against the proposal) PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE PROPONENT (For the proposal) (PRINT NAME/ADDRESS/ZIP S AFFILIATION) n (PRINT NAME/ADDRESS/ZIP d A911MT10N) Name: L S H Name: r~ ~IQ s5 Address: 5 t S P VS fA Ft'2~ Address: I~&~ _5w c_gV l f,jty• 'f-1 t~4-~ stale. O t? Name: TO MQ. r1 00(tV\ I C I OrL IM G Name: Address: S WA14 gL Address: ,Qity' SG . O2 Zip. °17)01 C;ty' Name: ~A I`S kI H0 A-LM Address: SQ-w '-~w YUTAru(c'i t \ cit'• P Pu, sta: 0 ~ Name Address: St.ad'P• Page 2 of 2 7,in• C 1VA- I)"(, Name: Address: Z,, ~~r1 City '912 tP. Name: Address: .itv• State: ZiiD• City: State: Zip: h: \Io gin'.p a tty\si gninho.mst 0 0 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application for a Sensitive Lands Review ) FINAL ORDER for a land form alteration for wetlands and 100-year flood ) plain adjoining Fanno Creek at 15245 SW 74th Street in ) SLR 95-0016 the I-P (Industrial Park) zone in the City of Tigard, Oregon ) (PastorNann) 1. SUMMARY The applicant requests approval of a Sensitive Lands Review to modify the 100-year flood plain and wetlands adjoining Fanno Creek. The applicant proposes to fill about 4080 cubic yards and to excavate about 5356 cubic yards in the 3.7 acres of land in the 100-year flood plain, resulting in a net increase in flood water storage volume of about 1276 cubic yards. The applicant also proposes to fill about one acre of about 2.6 acres of wetlands on the site. The applicant would enhance or create about 2.5 acres of wetlands. These land form alterations will increase the developable upland area of the 4.65-acre site to about 2 acres, the minimum the applicant asserts is needed for a concrete pumping business the applicant proposes to relocate to the site. The applicant has applied for permits from state and federal agencies to undertake the proposed filling, but those permits have not been issued. A hearings officer held a public hearing regarding the application on January 29, 1996. City staff recommended conditional approval. The applicant's representative largely accepted the Staff Report and recommended conditions. Six witnesses testified against or with concerns about the Sensitive Lands Review due to existing flooding and water quality problems in the vicinity and with concerns regarding the proposed concrete pumping business. The hearings officer held open the record 14 days to allow the parties to provide additional testimony and evidence and additional 7 days for a response by the applicant. LOCATION: 15245 SW 74th Avenue (WCTM 2S 1 12DB, Tax lot 700) APPLICANT: Pamela Vann, CIDA PROPERTY OWNER: Bill Pastor APPLICABLE LAW: Tigard Community Development Code ("TCDC") Chapter 18.84; Comprehensive plan policies 2.1.1, 3.1.1, 3.2.1, 3.2.2 and 3.2.4. STAFF RECOMMENDATION: Conditional approval HEARINGS OFFICER'S DECISION: Conditionally approved II. BASIC FACTS 1. The site contains 4.65 acres. It is developed with a single family dwelling near the northeast corner of the site. There are four mature trees around the dwelling. The northeast 0.939 acres of the site is an upland plateau (roughly elevation 138 to 148) sloping down gently from northeast to southwest. The west and south edges of the plateau slope down steeply to wetlands adjoining meander scar or "oxbow" of Fanno Creek roughly 20 feet wide and three feet deep and a few upland "islands". The bottom of the slope is roughly the east and north edge of the 100-year flood plain for Fanno Creek (elevation 132 feet) and associated wetlands. Water in the west end of the oxbow now is largely blocked by a beaver dam. Water now can flow only through a narrow incised channel. Hearings Officer Final Order SLR 95-0016 (Pastor/Vann) Page I • 0 2. The flowing channel of the creek is about 20 feet west of the site. Water flows from the creek into the oxbow and adjoining wetlands and flood plain during high water conditions and flows slowly back into the creek as waters subside. Further west of the site are single family homes on land adjoining and upland from Fanno Creek. Land to the west is zoned R-7 (Residential, 7 units per acre). The west side of the creek bank adjoining those homes appears to be undercut by erosion from the creek water, based on photographs in the record. A 3-foot diameter culvert drains into the oxbow area from beneath SW 74th Avenue to the east. Properties to the east are zoned I-L (Light Industrial). 3. The site contains 3.7 acres of 100-year flood plain. The applicant proposes to fill about 4080 cubic yards of the flood plan and to excavate about 5356 cubic yards from the flood plain, resulting in a net increase in flood water storage volume of about 1276 cubic yards. The flood plain contains 2.6 acres of wetlands. The applicant proposes to fill about one acre of wetlands and to create or enhance about 2.5 acres of wetlands. The applicant has applied for permits from state and federal agencies to undertake the proposed alteration. 4. The land form alterations will increase the developable upland area from less than one acre to about two acres. The applicant proposes to develop the resulting upland area of the site for a concrete pumping business. The applicant submitted a proposed site plan, an alternative site plan and space utilization needs of the proposed concrete pumping business. The applicant proposes to grade and pave most of the upland two acres to store and maneuver up to twelve concrete pumping trucks and other vehicles associated with the business, including parking required by the TCDC. Three structures also will be built on the upland: a 9600-square foot, 3-bay service building and office, a concrete recycling facility and a truck wash facility. The applicant will build a series of storm water quality swales south of the paved area. 5. The proposed development of the site for a concrete pumping business is relevant to the Sensitive Lands Review, because an applicant must show that the land form alteration is the minimum necessary for a proposed use. But approval of the Sensitive Lands Review does not assure approval of the preliminary site plan submitted as part of the SLR application. If the City approves the Sensitive Lands Review, and the applicant receives approval of state and federal permits and complies with other relevant conditions of approval, the applicant can undertake the proposed filling and cutting. But the applicant must apply for and receive approval of a Site Development Review and building permit before the site can be developed for the proposed use. To remove the four trees around the existing dwelling on the site, the applicant must apply for and receive approval of a tree cutting permit from the City. To remove the existing dwelling, the applicant must apply for and receive approval of a demolition permit from the City. Other permits and authorizations also may be required (e.g., for sewer and water connections and for access points to SW 74th Avenue). III. HEARING AND RECORD 1. Hearings Officer Larry Epstein received testimony at the public hearing about this application on January 29, 1996. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. The following summarizes selected relevant testimony. 2. Will D'Andrea summarized the City Staff Report and Recommendation. Hearings Officer Final Order SLR 95-0016 (Pastor/Vann) Page 2 • • 3. Pamela Vann testified for the applicant. She acknowledged that the applicant will remove four trees with a diameter of more than 6 inches, and agreed to apply for a tree removal permit. She testified that application has been made for a permit from the US Army Corps of Engineers, and that the applicant expects to qualify under Nationwide Permit #26 for fills of less than one acre of wetlands. She explained existing conditions. She noted the applicant has filled portions of the existing upland (outside the flood plain) pursuant to a permit issued by the City. She explained the purpose for the land form alteration and the requirements of the proposed business. She testified about the vegetation on the site, noting that the oxbow area is and will continue to be surrounded by deciduous trees. 4. Bob Kish, Amy and Jim Patton, Mark Haworth, Darryl Quinge, Warren Sjoquist and Greg Ness testified orally against the land form alteration or with concerns about the land form alteration and the proposed industrial use of the uplands portion of the site. Most of these witnesses reside in homes on the opposite shore of Fanno Creek from the site. Many of the witnesses described their observations of flooding and erosion along the creek. They shared a common concern the land form alteration will increase flooding and erosion. For example, Jim Patton argued additional water from additional impervious area on the site will aggravate flooding, particularly when debris collects at the Durham Road bridge backing up flood waters. The most extensive testimony was offered by Ms. Patton, who is a geologist. She argued development of the site for a concrete pumping business will increase the impervious area of the site, increasing the volume of storm water discharged from the upland and canceling out the increase flood storage volume resulting from the land form alteration. She argued the City-delineated flood plain is based on a study in the 1980's, and the 100-year flood elevation should be raised to reflect the increased flows resulting from development in the basin since that study. She disputed that the proposed mitigation would be successful, arguing wildlife will be driven away by development and a concrete pumping business. She argued the land form alteration would increase erosion of Fanno Creek by increasing the velocity of the water. She raised concerns about water quality impacts of the truck washing and recycling activities, noting the water quality facility is not described in enough detail to assess it, and it will discharge water into the highest quality wetlands on the site at its southeast corner. She argued that the applicant should be required to setback development at least 50 feet from the wetland rather than 25 feet as proposed. She recommended granting a variance to reduce the front yard setback for the proposed main building for the concrete pumping business, thereby reducing the extent of the land form alteration needed to accommodate the proposed use. Greg Ness requested that the record be held open. 5. Mr. D'Andrea responded to the testimony by explaining why the City cannot require dedication of an easement for a pedestrian/bicycle path as a condition of approval of the SLR. He also noted the TCDC requires the applicant to discharge all process water from the concrete pumping business into the City sewer system. 6. In rebuttal, Ms. Vann testified that the applicant will plant 150 trees in the wetland area to mitigate the loss of four existing trees, plus the applicant will plant street trees and trees in the parking lot consistent with TCDC 18.100. She expanded on earlier testimony about the maneuvering needs of trucks used in the concrete pumping business. She testified the applicant does not own adjoining land. Nils Lindholm, a professional engineer, testified for the applicant that storm water will be treated on the site and discharged with velocity controls so that it does not cause erosion. He explained why he believes the land form alteration will not increase the velocity of water in Fanno Creek. Hearings Officer Final Order SLR 95-0016 (Pastor/Vane) Page 3 • • 7. At the conclusion of the hearing, the hearings officer held open the record for two weeks for additional testimony and evidence from the public, and for a third week to allow a response by the applicant. During that time, the hearings officer received letters from Greg and Terry Ness and from Amy Patton, adding to the testimony they offered earlier. IV. APPLICABLE APPROVAL STANDARDS & RESPONSIVE FINDINGS 1. Chapter 18.84 contains the regulations for land subject to Sensitive Lands Review. Sensitive Lands Review is intended to implement flood plain protection measures and to protect rivers, streams, and creeks by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitat, and preserving scenic quality and recreational potential. 2. TCDC 18.84.015(E) requires hearings officer approval of land form alterations in the 100-year flood plain. The application complies with this standard by submitting the application for review by the hearings officer. 3. Section 18.84.040(A) provides land form alterations in the 100-year flood plain must comply with the following criteria: a. Land form alterations shall preserve or enhance the flood plain storage function, and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary. 4. The application enhances the flood plain storage function, because it results in a net increase of 1276 cubic yards in the volume that can be stored in the 100-year flood plain on the site, based on the engineering statement and calculations of cut and fill volumes in the application. Maintenance of the zero-foot rise floodway will not result in narrowing of the floodway boundary, provided the applicant maintains the net increase in storm water storage volume over time. 5. Heavily silt-laden flood water could re-fill the excavated area of the site over time. Therefore, to ensure compliance with this standard, the applicant and successors in interest should be required to maintain the excavated areas of the site as such over time. If state and federal permits do not do so, then approval of the SLR should be conditioned accordingly. b. Land form alterations or developments within the 100-year flood plain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map... 6. The site of the proposed land form alteration is designated Light Industrial on the Tigard Comprehensive Plan Land Use Map, based on the plan map. c. Where a land form alteration or development is permitted to occur within the flood plain, it will not result in any increase in the water surface elevation of the 100-year flood. 7. Granting the application will not result in an increase in the water surface elevation of the flood plain, based on the engineering statement and calculations of cut and fill volumes in the application, subject to the same reservation as noted in finding 111.5 above about maintenance of the excavated area over time. Hearings Officer Final Order SLR 95-0016 (Pastor/Vane) Page 4 • • 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. 8. The hearings officer finds the development plan in the application does not include a pedestrian/bicycle pathway. The City's Parks Plan designates the flood plain area as greenway, and shows a pathway along the greenway generally. A pathway does not exist on adjoining property, and the exact location of the pathway has not been determined. Because the land form alteration does not approve a speck development plan for the site, it is not necessary to require the dedication or development of land for a pathway as a condition of approval of the land form alteration. Such a requirement can be imposed on the approval of a site development review application for the site if the City can show that such a requirement is proportionate to the nature and extent of the impacts of the proposed use based on an individualized determination. Therefore the hearings officer finds construction of a pathway on the site is untimely as a condition of approval of the SLR. e. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. 9. Based on finding IV.8, this criterion is not applicable. f. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. 10. The applicant has applied for permits from the Oregon Division of State Lands and US Army Corps of Engineers. The filling of an acre of wetlands or less can be approved under Nationwide Permit 26 without a public hearing, unless the Corps of Engineers decides to conduct such a hearing. When the record closed in this matter, ODSL and USCOE had not acted on the application. The hearings officer finds the application can comply with this criterion if approved subject to a condition that the applicant receive approval of ODSL and USCOE permits before filling wetlands or flood plains on the site. g. Where land form alterations are allowed within and adjacent to the 100-year flood plain, the City shall require the dedication of sufficient open land area within and adjacent to the flood plain in accordance with the comprehensive plan. This area shall include land of a suitable elevation for a pedestrian/bicycle pathway in the flood plain in accordance with the adopted pedestrian/bicycle pathway plan. 11. The applicant does not propose to dedicate sufficient open area within and adjacent to the flood plain to accommodate a pedestrian/bicycle pathway. City staff do not recommend such a dedication be required as a condition of the SLR approval, because the land form alteration per se does not cause impacts proportionate in nature or kind to such a dedication. The hearings officer agrees with staff. Dedication of land for a pathway would not be proportionate in nature or kind to the land form alteration per se. 12. Dedication of land for a pathway may well be proportionate in nature and kind to an active use of the site. Staff should undertake an individualized determination of proportionate impact as part of the site development review for use of the property. The applicant should anticipate the need to address this issue, and may need to modify the preliminary site plan accordingly. Hearings Officer Final Order SLR 95-0016 (Pastor/Vane) Page 5 i 0 13. Section 18.84.040(B) provides land form alterations on slopes of 25% or more must comply with the following criteria: a. 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. 14. The application complies with this criterion, because the applicant has shown that the proposed use requires roughly the amount of upland area proposed to be created by the applicant if the upland is to be developed for a concrete pumping business as proposed. The proposed structures and vehicle maneuvering and storage will occupy most of the upland area. 15. The required building setback increases the required land form alteration, because it "consumes" 30 feet of the upland area. Somewhat less filling might be possible if the City waives or reduces the required front yard setback for the main building proposed for the use. But the hearings officer construes TCDC 18.84.040(B)(1) such that an applicant is not required to apply for a possible variance to reduce fill required for a proposed use, because setbacks also fulfill an important public purpose. 16. Other uses might require less upland area. But, based on the plain meaning of the words in the TCDC, the hearings officer must make a decision based on the proposed use. It is not clear from the TCDC whether the hearings officer can or should require the site to be developed for the use proposed in the SLR application. The hearings officer construes TCDC 18.84.040(B)(1) such that an applicant is not required to use the site of a land form alteration for the use proposed by the applicant when requesting an SLR, because, once the fill has been completed, it would be more damaging to the environment to require the fill to be removed to accommodate a less land-intensive use than to allow the fill remain. b. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability or other adverse on-site and off-site effects or hazards to life or property. 17. The proposed land form alteration will not result in erosion, stream sedimentation, ground instability or other adverse effects, because the applicant will undertake excavation and filling during the summer when water levels are low and erosion is not reasonably likely to result; the oxbow is separated from Fanno Creek and does not ordinarily contain water from the creek; the applicant will use accepted erosion control methods; and the applicant will reduce the potential for ground instability by landscaping cut slopes and by maintaining slopes on the site at no greater than existing angles. 18. However the hearings officer finds that steep slopes proposed by the applicant could be subject to ground instability. Therefore the hearings officer finds that the applicant should be required to submit evidence from a professional engineer with expertise in an appropriate engineering discipline (e.g., soils, civil or geologic) that proposed slopes will be stable after the land form alteration. The applicant also should be required to comply with recommendations of the engineer to reduce the potential for ground instability to the extent practicable, and to have the engineer certify that slopes have been constructed as recommended. Also slopes on the site should after the land form alteration should be prohibited from exceeding the existing maximum slopes on the site, so that the development is consistent with the representations in the application and record. Hearings Ofcer Final Order SLR 95-0016 (Pastor/Vane) Page 6 • • c. The structures are appropriately sited and designed to assure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth to bedrock. 19. The applicant does not propose structures as part of this application. Therefore this criterion does not apply to the SLR. d. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening. 20. Areas from which the applicant will remove vegetation will be replanted, based on the landscape plan in the application. The applicant should be required to comply with that plan or modifications thereto approved by the City. 21. If the land form alteration is completed before the site is developed with structures and pavement, the portion of the site that is not revegetated under the landscape plan could erode. The applicant should be required to take steps to protect the upland areas where paving and structures are proposed in the future, such as by planting the upland area with an appropriate form of vegetation pending construction of structures and pavement, if the area from which vegetation is removed is not developed before the onset of autumn rains. 22. Section 18.84.040(D) provides land form alterations within wetlands must comply with the following criteria: a. The proposed land form alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Floodplain and Wetland Map nor is it within 25 feet of such a wetland. 23. The wetlands on the site are not designated as a significant wetland on the Comprehensive Floodplain and Wetland Map, based on the map, incorporated herein by reference. b. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than the minimum required for the use. 24. The application complies with this criterion, based on the evidence regarding the site design needs of the proposed concrete pumping business. Also see findings for the identical criterion under TCDC 18.84.040(B). c. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated. 25. The proposed land form alteration will not change off-site drainage. It will change on- site drainage, increasing the area within which water flows when it flows onto the site. By Hearings Officer Final Order SLR 95-0016 (Pastor/Vann) Page 7 • • enhancing the remaining wetlands, the application mitigates adverse impacts resulting from filling of wetlands and increased water storage area, because it improves the functional value of the remaining wetlands for wildlife habitat, flood storage and aesthetic quality. 26. The preliminary site plan shows that a storm water quality facility will be created to serve the future development on the site. The facility will affect the characteristics of the land on which it is built by displacing wetlands. It will drain into remaining wetlands. The application mitigates the impact of the drainage facility by enhancing water quality from the developed upland portion of the site. The water quality facility must perform consistent with standards promulgated by the Unified Sewerage Agency to be approved for use. d. Where natural vegetation has been removed due to land form alteration or development, erosion control provisions of the Surface Water Management Program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening. 27. The application proposes enhanced revegetation of areas disturbed by the land form alteration where structures, pavement and other development are not proposed. Proposed revegetation exceeds the requirements of Chapter 18.100. Disturbed areas will be protected by erosion control measures approved by USA and consistent with the Washington County Surface Water Management Program. Conditions can ensure disturbed areas are protected if development is delayed. e. All other sensitive lands requirements of this chapter have been met. 28. The application complies with other sensitive land requirements of the chapter as provided herein. f. The provisions of Chapter 18.150, tree removal, shall be met. 29. The applicant proposes to remove four mature trees subject to the tree preservation regulations. Before doing so, the applicant must comply with Chapter 18.150. A condition of approval can facilitate compliance with that chapter. g. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. 30. The cited policies of the comprehensive plan have been satisfied as noted herein 31. 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. The application complies with this policy, because the applicant held a neighborhood meeting, and the City gave notice of the public hearing to owners of surrounding properties and published notice in the newspaper. 32. Policy 3. 1.1 provides that the City shall not allow development in wetlands or in areas with slopes of 25% or more unless the applicant shows established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development. The applicant complies with this policy by obtaining state and federal Hearings Officer Final Order SLR 95-0016 (Pastor/Vane) Page 8 • • permits for the proposed land form alteration and by complying with Uniform Building Code Chapter 70 and the conditions of approval of this final order. 33. Policy 3.2.1 provides that the City shall prohibit any land form alterations or developments within the 100-year flood plain that would result in any rise in elevation of the 100-year flood plain. The application complies with this policy, because the calculations and cross sections in the application show the flood storage volume of the site will increase as a result of the land form alteration. If anything, it will lower rather than raise the elevation of a given amount of water in the flood plain. 34. Policy 3.2.2 provides the City shall: a. Prohibit land form alterations and development in the floodway, except alterations may be allowed which preserve or enhance the function and maintenance of the zero-foot rise floodway; and b. Allow land form alterations or development in the flood plain outside the zero-foot rise floodway which preserve or enhance the function of the zero-foot rise floodway provided: (1) The land form alteration and/or development is in an area designated commercial or industrial on the comprehensive plan land use map and factors set forth in Policy 3.2.3 can be satisfied... The application complies with this policy, because calculations and cross sections in the application show the land form alteration will enhance the function and maintenance of the zero-foot rise floodway, the site is designated industrial on the comprehensive plan map, and the proposal complies with Policy 3.2.3 based on the finding regarding that policy. 35. Policy 3.2.3 provides that where development is proposed within the 100-year flood plain outside the zero-foot rise floodway, the City shall require: a. The streamflow capacity of the zero-foot floodway be maintained; b. Engineered drawings and/or documentation showing that there will be no detrimental upstream or downstream effect in the flood plain area, and that the criteria set forth in the sensitive lands section of the code have been met; c. A buffer, either existing or planted, on the commercial or industrial land abutting residential land which adequately screens the development from view by the adjoining residential land and which is of sufficient width to be noise attenuating; and d. The dedication of open land area for greenway purposes adjoining the flood plain including portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the adopted pedestrian/bicycle pathway plan. Hearings Officer Final Order SLR 95-0016 (Pastor/Vann) Page 9 The application complies with Policy 3.2.4, because calculations and cross sections in the application show the land form alteration will maintain the zero-foot floodway. The nature and location of the proposed land form alteration is such that it will not have detrimental upstream or downstream effects, because it will increase the volume of water that can be stored in the floodplain on the site, marginally reducing the potential for adverse upstream and downstream effects during peak flow conditions. The existing and proposed landscape materials between the upland portion of the site and the adjoining residences screen the future development of the site from view. Additional landscaping may be required as part of the Site Development Review if consistent with the law. The land form alteration does not cause impacts in nature and extent that warrant the dedication of open land area for greenway purposes or a bicycle/pedestrian path under the rule articulated by the US Supreme Court in Dolan v. City of Tigard. Therefore the City cannot require such a dedication as a condition of the land form alteration. Where local laws conflict with the US Constitution, the local law is superseded. V. CONCLUSION AND DECISION 1. The hearings officer concludes that the proposed land form alterations comply with the applicable approval criteria for a Sensitive Lands Review based on the findings herein and the findings of the City Staff Report, incorporated herein by reference. 2. In recognition of the findings and conclusions contained herein, and incorporating the public testimony and exhibits received in this matter, the hearings officer hereby approves SLR 95-0016 (Pastor) subject to the following conditions of approval: a. Before undertaking any development in the wetlands or 100-year flood plain, the applicant shall submit to the City a copy of a permit from the US Army Corps of Engineers and Oregon Division of State Lands authorizing that development. Before approving City permits, the planning director shall find that development authorized by those permits shall be substantially similar to the description of the proposed development in the application; provided the applicant may amend the proposed development to reduce the amount or area of land form alteration (e.g., if the applicant applies for and receives approval of a variance to the front setback for the main building on the site). b. Before undertaking any development on portions of the site with slopes of 25% or more, the applicant shall submit evidence to the City from a professional engineer with expertise in an appropriate engineering discipline (e.g., soils, civil or geologic) that proposed slopes will be stable after the land form alteration. The applicant shall comply with recommendations of the engineer to reduce the potential for ground instability to the extent practicable. The engineer shall certify that slopes have been constructed as recommended. Slopes on the site after the land form alteration shall not exceed the existing maximum slopes on the site. The City Engineer may modify this condition as necessary to comply with Chapter 70 of the Uniform Building Code. c. The applicant shall protect the upland areas where paving and structures are proposed in the future, such as by planting the upland area with an appropriate form of vegetation pending construction of structures and pavement, if the area from which vegetation is removed is not developed before the onset of autumn rains. d. Unless required as a condition of approval of USCOE or ODSL permits, the applicant shall monitor the land form alteration for at least three years after it is completed to verify the excavated area continues to provide roughly the flood water storage area represented in the application. The applicant shall measure the elevation of a representative Hearings Officer Final Order SLR 95-0016 (Pastor/Vann) Page 10 • • sample of points in the area to be excavated pursuant to the SLR at least annually during the dry season. If sedimentation during the prior rainy season has increased the elevation of the excavated area, the applicant shall re-excavate that area so that its elevation is the same as or lower than the elevation achieved after the land form alteration. The applicant shall submit a written report to the planning director summarizing results of measurements and the applicant's response to the measurements. If sedimentation has increased the elevation of the excavated area based on the measurement in any of the three years, the planning director may require the monitoring program to continue for as long as necessary to ensure the excavated area continues to provide roughly the flood water storage area represented in the application. e. The applicant shall apply for and receive approval of needed permits from the Building Department before undertaking demolition, grading or development on the site. DATT;P this 27th day9f-l,:10bruary, 1996. I -q 0- F Larry 4stei , A C 4s y City of Tigard gs Officer Hearings Officer Final Order SLR 95-0016 (Pastor/Vane) Page 11 4k= ■ 100A ARCHITECTURE ENGINEERING INTERIORS PLANNING TRANSMITTAL PROJECT NO.: C'LiO4 i PROJECT NAME: `I ~STI>~ NtP ATTN: k COMPANY: I'~-~ L I I ~71~ f ADDRESS: 1251" Ls ~1,J ~A-LIi~cP ENCLOSED: NO. OF COPIES 7~ - 2-COMMENTS: COPIES TO: 5200 S.W. Macadam Ave. Suite 420 Portland, Oregon 97201 (503) 226-1285 • FAX (503) 226-1670 DATE: a 41 y & I c Cam 64 ?72--2-3 SPECIFICATIONS LETTER ❑ DETAILS ❑ SHOP DRAWINGS ❑ CALCULATIONS ID-B'KETCHES DiOTHER DESCRIPTION f e f- a O FOR REVIEW ❑ RETURNED O AS REQUESTED 2-6THER ; S u~ t i lr<<1J' 4► Kiel- ❑ FOR YOUR USE ❑ FOR APPROVAL ,1'L.~-'As E ❑ DELIVER ❑ PICKUP ❑ MAIL ❑ FEDERAL EXPRESS i t SIGN CD r February 12, 1996 Will D'Andrea Assistant Planner City of Tigard .13125 Sw Hall Blvd. Tigard, OR 97223 RE: Pastor Sensitive Lands Permit Project Number: 94041 Dear Mr. D'Andrea, C ■ vA ARCHITECTURE -ENGINEERING I N T E R I OR S- PLAN N I N G P O BOX 69658 5200 SW MACADAM AVE SUITE 420 PORTLAND. OREGON 97201 We have reviewed the two letters inserted into the record by Mr. and Mrs. Ness, and Ms. Amy Patton. There are a few points CIDA would like to respond to in clarifying the information for the record. Many of the points raised by the neighbors have been answered in the original application, reviewed and upheld by staff. These include concerns over erosion control methods, post development flood storage capacity, and impacts to the native flora and fauna. In the overall view, our project does meet the necessary criteria stipulated by city code. It is important to note that many of the areas of concern raised by the neighbors will be reviewed again in depth, during the Development Review and Building Permit reviews. It is during these reviews that greater detail and proof of compliance through detailed site engineering will occur. Prior to issuance of any building permits, further and extensive site engineering will be closely scrutinized by the city engineering staff. We believe at this current level of review requirements, CIDA has presented adequate information to meet the approval criteria. We will address more detailed engineering criteria as required during subsequent future reviews. The neighbors have understandably raised concerns regarding the impact of this proposal on existing wildlife and vegetation. We would like to reemphasize that the mitigation plan proposed, and currently under review by DSL and the Corps, dramatically increases the habitat diversity of the impacted wetlands. Habitat diversity through creation of additional wetlands, and enhancement of existing systems, greatly improves the overall quality. This is measured in terms larger quantities of food sources, cover and nesting opportunities and the opportunity for a broader diversity of wildlife using the site. It has been our experience that DSL and the Corps will impose strict conditions of approval to insure adequate mitigation and monitoring is put in place. D:\GENADMIN\PROJECTS\94\94041 \02-12-96.GOV CIDA INC. COMMERCIAL INDUSTRIAL DESIGN ARCHITECTURE, P.C. Tel: 503 / 226-1285 • Fax: 503 / 226-1670 PASTOR WETLANDS, Letter February 12, 1996 Pape 2 • Finally, Mr. Epstein suggested CIDA submit additional information into the record to validate the proposed site plan. We have enclosed two sketches and a brief narrative. These represent a portion of earlier studies and the site plan evolution as shown in the current application. Our intent is to show the design program and city development standards on the site, minimizing land area and impacts to the wetlands and floodplain. Our goal throughout this project has been to provide Mr. Pastor with a workable site plan for his business while minimizing the impact to sensitive natural systems. Thank you for the opportunity to respond to the relevant issues of the application. We look forward to the decision of the Hearings Officer. erely, jJ4 Pamela Vann Planning Director PMV/kg Enclosures cc: Mr. Larry Epstein, Hearings Officer Mr. Bill Pastor, Western Concrete David Welsh, CIDA DAGENADMIN\PROJECTS\94\94041 \02-1 2-96. GOV W C ■ DA ARCHITECTURE -ENGINEERING February 12, 1996 INTERIORS - PLANIV I N G P O BOX 69658 5200 SW MACADAM AVE . SUITE 420 PORTLAND. OREGON 97201 Supplemental Site Plan Information During the January 29, 1996 public hearing, the Hearings Officer suggested CIDA submit supplemental information to corroborate the site plan layout as initially submitted. Mr. Epstein asked for information such as the truck turning radius, back out distance and any other data CIDA believed helpful. Enclosed are two site plans from original site layout studies. The site plan labeled "A", with the flow diagram is the application site plan, with additional information describing site use patterns. Site plan "B" is from earlier studies showing a different design approach and plan element locations. Each of these options include all program elements required for the operation of Mr. Pastor's concrete business and development standards of the City of Tigard. The elements include: - office and shop/garage of 9600 square feet - parking for 12 trucks - auto parking six office staff, two or three visitors and 12 drivers - a concrete recycling facility - a truck wash facility - a fueling area - parking lot and site landscaping - 5' street dedication - 30' building setback from SW 74th - water quality facility - USA 25' buffer zone Development standards require a 30 foot building setback and setback for parking from the property line. The city has indicated that a five foot dedication of land along the street frontage would be required. The zoning code calls for adequate parking for employees and visitor's. The size and limited maneuverability of the concrete trucks add significant area requirements for the smooth operation and movement of vehicles on the site. Stacking area is required adjacent to the recycling facility for trucks to wait as they enter the site, while other trucks unload excess material at the end of the day. The turning radius for this type of vehicle is forty-five (45) feet. Turning around and backing up, parking, entering the garage, or going through the truck wash all require adequate land area for the business to function efficiently. The Department of State Lands employee, Bill Parks, recommended to CIDA, Inc. that the majority of development on this site should be located along the frontage of 74th Ave. as much as possible. His greatest concern was with the south-western corner of the property near the dam and outlet to Fanno Creek. All of the site plans have left this portion of the site undisturbed. Both the submitted site plan and plan "B" in this package locate development along the frontage of 74th Avenue. The impact to the northern wetlands on the submitted site plan and on Plan B are comparable. On Plan B the developed area does not extend quite as far west, but extends closer to the northern elbow of the oxbow, causing greater impact through grading and fill slopes. We felt this was undesirable and opted for the plan with the least impact to the oxbow. As indicated in the Site Diagram for truck movement, a certain positioning of uses was D:\GENADM IN\PROJECTS\94041 %02-09.96.GOV CIDA INC. COMMERCIAL INDUSTRIAL DESIGN ARCHITECTURE, P.C. Tel: S03 / 226-1285 - Fax: S03 / 226-1670 SUPPLEMENTAL SITE PLAN INFORMATION, Feb. 12. 1996 Page 2 necessary. Upon entering the site, trucks would first empty into the recycling unit. Space is required on site for trucks to wait while those ahead of them unload material, go through the truck wash, or refuel. These operations will usually occur at the end of the day when most of the trucks are returning within a similar time frame. Truck waiting space is necessary for efficient onsite circulation and to eliminate stacking out into SW 74th Avenue. Storage is generally the last circulation movement unless repairs or maintenance is required. The area needed to park and maneuver twelve concrete trucks is indicated on the enclosed site plans by 45 foot radius arcs, showing the minimum turning radius area needs. Both site plans show a water quality area required by the City of Tigard and the Unified Sewage Agency. The facility is placed at a site low point to insure water having enough grade change to get to the pond area. CIDA investigated several layout options which would meet the above described design program and requirements of the City and USA. The two site plans described in this narrative were the least intrusive solutions. DAGENADM IN\PROJECTS\94041 \02-09-96. GOV SENDER: ■ Gbmplete items 1 and(or 2 for additional services. I also wish to receive the w ■Gimplete items 3, 4a, and 4b. following services (for an ai ■ Print your name and address on the reverse of this form so that we can return this extra fee): i 11- a card to you. ■ Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address a d permit. ■Write'Retum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery ~ to $ ■ The Return Receipt will show to whom the article was delivered and the date a ° delivered. Consult postmaster for fee. 0 3. Article Addressed to: 4a. Article Number T Larry Epstein, P.C. P 431 238 671 722 SW 2nd Avenue, Suite 400 4b. Service Type 0 0 Portland CR 97204 ❑ Registered ES Certified ¢ r(rr ❑ Express Mail ❑ Insured S 0) ❑ Return Receipt for Merchandise ❑ COD rn 9 0 7. Date of D elliv ry z ) °0 5. ei By: P ht Name) 8. Adddressee's Address (Only if requested c w and fee is paid) t ¢ I- 6. Signature: ( ddressee or Agent) :0% X N PS Form 3811, December 1994 0 t~0 t11 rn „ d P 431 238 671 Domestic Return Receipt Receipt lair ,dU9L.. No Insurance Coverage Provided 0111` Do not use for International Mail XMIXa (See Reverse) Sent to Larry Epstein, P.C. Street and No. -779 c 2nd Ave_ , Sui r-- 40n P.O., State and ZIP Code tLxo oR 9204 Postage $ Certified Fee - / -0 Special Delivery Fee 0 Restricted Delivery Fee 44 Return Receipt Showing I f' / ^ p, to Whom & Date Delivered Fa Return Receipt Showing to Whom, c Date, and Add re5see`s-Address _ TOTAL. PosKV, 7 b ® & Fees fill ~-ra■J~'/ Postmark' or Q`ate } I a ® 00 Er ate' j E IV ;n 41 u- ~i N r e a 0 0 Agenda Item: 2.2 Hearing Date: January 29.1996 Time: 7:00 PM BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON 1. APPLICATION SUMMARY CASES: FILE NAME: PASTORNANN Sensitive Lands Review SLR 95-0016 PROPOSAL: A request for Sensitive Lands Review approval to allow cut and fill within the 100-year floodplain and associated wetlands. The proposed cut in the floodplain is approximately 5,356 cubic yards, with approximately 4,080 cubic yards of fill, leaving an excess of 1,276 cubic yards of cut. The proposal would also disturb approximately 42,861 square feet of wetland to be mitigated with approximately 108,714 square feet of wetland. APPLICANT: Pamela Van, CIDA 5200 SW Macadam Ave. #420 Portland, OR 97201 OWNER: Bill Pastor 15930 SW 74th Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: I-L (Light Industrial). ZONING DESIGNATION: I-P (Industrial Park). LOCATION: 15245 SW 74th Avenue (WCTM 2S1 12DB, tax lot 700). APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.84. Comprehensive Plan Policies 2.1.1, 3.1.1, 3.2.1, 3.2.2, 3.2.3, 3.2.4. STAFF RECOMMENDATION: APPROVAL, subject to the following conditions. HEARINGS OFFICER SLR 95-0016 - PASTOR/VANN Page 1 • • CONDITIONS OF APPROVAL PRIOR TO THE CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:' 1. The applicant shall provide a copy of the permit from the U.S. Corps of Engineers and/or the State Division of Lands prior to any construction within the wetland and 100 year flood plain area. 2. The applicant shall obtain the appropriate permits from the Building Department related to all grading and site work. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. II. FINDINGS ABOUT SITE AND SURROUNDINGS Backaround Information: No other development applications have been filed with the City of Tigard. Site Information and PrODOSal Description: The 4.65 acre site is currently developed with a single family residence located on the northeast corner near SW 74th Avenue. The parcel contains sensitive lands which include 100-year floodplain, wetland, and steep slopes. The floodplain elevation is 132.0 feet. There is approximately 40,912 (.939 acres) of developable upland area adjacent to SW 74th Avenue. A wetland determination has found that approximately 113,427 square feet, or 2.6 acres of wetland exists on the site. The property contains an old meander scar of Fanno Creek which circles through the southwest portion of the site. Fanno Creek is located approximately 20 feet west of the subject property. The north end of the oxbow is cut off from Fanno Creek and has no surface inflow connection while the south arm has been dammed by beaver activity and drains to Fanno Creek through a narrow, incised channel. The oxbow channel is approximately 20 feet wide, and approximately 3 feet deep. A 3 foot diameter concrete culvert drains into the oxbow system from the east. HEARINGS OFFICER SLR 95-0016 - PASTOR/VANN Page 2 The applicant requests a Sensitive Lands Review approval to allow cut and fill within the 100-year floodplain and associated wetlands. The proposed cut in the floodplain is approximately 5,356 cubic yards, with approximately 4,080 cubic yards of fill, leaving an excess of 1,276 cubic yards of cut. The proposal would also disturb approximately 42,861 square feet of wetland to be mitigated with approximately 108,714 square feet of wetland. Vicinitv Information: The adjacent properties to the north and south are zoned I-P. Properties to the east are zoned I-L (Light Industrial). Properties to the west, on the far side of Fanno Creek, are zoned R-7 (Residential, 7 units per acre). The surrounding area is developed with a mix of industrial and commercial uses. Residential homes are developed west of Fanno Creek. Ill. APPLICABLE APPROVAL STANDARDS COMMUNITY DEVELOPMENT CODE: Use Classification: Section 18.84.015(E) requires Hearings Officer approval for a Sensitive Lands Permit within the 100-year floodplain. Chapter 18.84 contains regulations for lands within 100 year floodplains that are subject fo Sensitive Lands Review. Sensitive Lands Review of proposed developments in these areas is intended to implement floodplain protection measures and to protect rivers, streams and creeks by minimizing erosion, promoting -bank stability, maintaining and enhancing water quality and fish and wildlife habitat, and preserving scenic quality and recreational potential. Chapter 18.84.040(A) states that the Hearings Officer shall approve or approve with conditions an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: 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. The applicant has provided calculations and an explanation indicating that there should be no rise in the floodway and that the floodplain storage function will be enhanced. The proposed cut in the floodplain (5,356 cubic yards) HEARINGS OFFICER SLR 95-0016 - PASTORNANN Page 3 0 • exceeds the proposed fill (4,080 cubic yards) creating an additional 1,276 cubic yards of floodplain storage capacity. 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 be allowed in areas designated residential subject to applicable zoning standards. The Comprehensive Plan designation for this parcel is I-L (Light Industrial). 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. The applicants analysis finds that this boundary will be maintained. In addition, offsets to the floodplain storage capacity will further preserve the 100-year floodplain elevation. 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. The Tigard Park Plan indicates that the floodplain area within this parcel is part of the proposed greenway system, and that a proposed pedestrian / bicvcle path is proposed along this section of the greenway. However, staff does not know the location of the pathway and will not until a future study determines the preferred location. It should also be noted that neither of the adjoining properties currently contains a pathway which would allow a connection to the pathway system. Staff therefore concludes that construction of a pathway is not timely. In development applications with similar circumstances, the City has recommended that the applicant only be required to provide a 15 foot access easement to allow the City to construct a pathway in the future. Such requirements must be roughly proportional to the impact of the use. In this case, the applicant is only requesting permission to complete necessary cut and fill in order to provide an adequate site size for development. Since the applicant will be required to apply for a Site Development Review for the future development, a "rough proportionality" analysis will be undertaken at that time related to granting of an easement for this pathway. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. This criteria is not applicable as a pathway will not be constructed in conjunction with this application. A Site Development Review will be required for the actual development of this property. At that time, construction of any pathway will be reviewed for compliance with this section. HEARINGS OFFICER SLR 95-0016 - PASTOR/VANN Page 4 • • The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. The applicant states that a joint fill permit application for the Army Corps of Engineers and Division of State Lands is being processed. The applicant shall provide the City of Tigard a copy of that approved permit. Where land form 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 floodplain in accordance with the comprehensive plan. When the City seeks to acquire a real property interest through the development approval process it must insure that the extent of the requirement is roughly proportional to the impact caused by that development. In this case, the applicant has shown that there will be no adverse impact on the 100-year floodplain elevation by providing greater cut than proposed fill in the floodplain. There is little evidence in the record to support the finding that a dedication for drainage and floodplain purposes is roughly proportional to the impact caused by the proposed cut and fill. As discussed previously, a roughly proportional analysis will be conducted in conjunction with the future proposed development as it relates to the provision of pedestrian pathway and drainage system. Sensitive Lands: Section 18.84.040(B) states that the Director shall approve an application for sensitive lands permit on slopes of 25% or greater based upon findings that all of the following criteria have been satisfied: The extent and nature of the proposed land use form alteration or development will not create site disturbances to an extent greater than that required for the use. The proposed development is the minimum disturbance necessary to provide adequate land area suitable for development, while preserving the maintenance of the floodplain storage capacity. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property. All necessary erosion control methods will be employed during and after construction. All grading will occur during the dry season to eliminate potential sedimentation into Fanno Creek. The old meander scar does not connect to Fanno Creek except in extreme winter high water events. The mitigation landscape plan proposes extensive plantings in fill slopes and riparian areas to stabilize slopes. No slopes greater than those already existing on the site are proposed. HEARINGS OFFICER SLR 95-0016 - PASTOR/VANN Page 5 • • The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock. The applicant is not proposing to construct a structure with this application. Any proposed construction will be reviewed through a Site Development Review application. Compliance with this section can be satisfied at that time. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening. As indicated on the wetlands enhancement site plan, vegetation loss expected with construction will be re-vegetated. Erosion control measures shall also be taken during construction. Chapter 18.84.040(D) states that the Director shall approve or approve with conditions an application request for sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland. The site is within a wetland area but it is not designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map, nor is it within 25 feet of such a wetland. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use. The disturbance is the minimum disturbance necessary to accommodate the applicant's intention of providing more buildable land area. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated. The creation of additional channels for open water habitat and flood storage improves the current habitat structure of the site and provides for surplus flood storage capacity. This adequately mitigates changes in land form proposed on the site. This project would not result in any off-site impacts requiring mitigation. This proposal will not alter site hydrology which supports the wetlands. HEARINGS OFFICER SLR 95-0016 - PASTORNANN Page 6 • t Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening. As previously discussed, the minimal amount of vegetation loss expected with construction will be replanted. Erosion control measures shall also be taken during construction and shall comply with erosion control standards of USA stated in R&O 91-47. All other sensitive lands requirements of this chapter have been met. Other sensitive lands requirements have been met as addressed in this report. The provisions of Chapter 118.150, Tree Removal, shall be met. No trees larger than six inches in diameter will be removed for this project, therefore this provision does not apply. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. Applicable Comprehensive Plan Policies are satisfied as discussed, in Comprehensive Plan Policies, below. COMPREHENSIVE PLAN POLICIES: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Policy 2.1.1 is satisfied because the applicant held a neighborhood meeting, notice of the application and public hearing on this item was provided to owners of property in the vicinity of the site and in a newspaper of general circulation. Policy 3.1.1 provides that the City shall not allow development in areas meeting the definition of wetlands under chapter 18.26 or areas having slopes in excess of 25% except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development. (Note: This policy does not apply to lands designated as significant wetlands on the floodplain and wetlands map.) Policy 3.1.1 is satisfied as the applicant shall undertake all work within the wetlands, including mitigation, under the jurisdiction of the Division of State Lands. HEARINGS OFFICER SLR 95-0016 - PASTOR/VANN Page 7 • • Policy 3.2.1 provides that the City will prohibit any development within the 100-year floodplain that would result in any rise in elevation of the 100-year floodplain. Policy 3.2.1 is satisfied because this proposal will not result in any rise in the elevation of the 100-year flooplain. Policy 3.2.2 provides that the City shall prohibit development in the floodway, except if the alteration preserves or enhances the function and maintenance of the zero-foot rise floodway. Policy 3.2.2 is satisfied as this proposal will not be within the floodway and because this development will preserve the function and maintenance of the zero-foot rise floodway. Policy 3.2.3 provides that the zero-rise floodway be maintained, that there be no detrimental upstream or downstream effects, and dedication of open land area for greenway including portions for a pedestrian pathway. Policy 3.2.3 is satisfied as the applicant has demonstrated that there will be no impact on the floodplain. The analysis regarding the provision of a pedestrian pathway will be reviewed under future development applications. Policy 3.2.4 provides that the City prohibit development within areas designated as significant wetlands on the floodplain and wetlands map. Policy 3.2.4 is satisfied as this proposal is not within a wetland designated as significant on the floodplain and wetlands map. IV. OTHER STAFF COMMENTS The City of Tigard Engineering Department has reviewed the proposal and has provided the following comments: The CDC at 18.84.04A1,3 requires that the fill "shall preserve or enhance the floodplain storage function and maintenance of the zero-rise floodway shall not result in any narrowing of the floodway boundary" and "will not result in any increase in the water surface elevation of the 100-year flood". Moreover, the City's Master Drainage Plan recommends that "the existing zero-rise floodway...should be used along this reach to ensure an adequate flow area for the 100-year flood". HEARINGS OFFICER SLR 95-0016 - PASTORIVANN Page 8 • • The applicant has submitted a grading plan and computations showing that the floodplain storage function has been maintained by providing excavation in excess of fill. To show no increase in the water surface elevation, the applicant has submitted an earthwork cross section at the most restrictive fill area with an explanation of how no flow restriction will occur: The floodplain width, but not the floodway, would be narrowed for about 150'. Because of adjacent proposed excavation closer to the stream where it will have more efficient flow characteristics, no increase in velocity or resulting scour will occur. Recommendation: The Engineering Department has no objection to approval of the request. The City of Tigard Building Division states that fill, excavation and grading shall comply with Chapter 70. V. AGENCY COMMENTS The Division of State Lands states that a fill permit will be required and that an application has been filed. No additional comments have been received VI. CONCLUSION AND RECOMMENDATION Staff concludes that the proposed impacts to Sensitive Lands Areas comply with the applicable approval criteria for issuance of a Sensitive Lands Permit. Staff recommends the approval of SLR 95-0016 subject to the following conditions: Prepared by: I William D'Andrea Date Assistant Planner Approved by: Dick Bewersdorff Senior Planner Date HEARINGS OFFICER SLR 95-0016 - PASTORNANN Page 9 m .o xr XO ~r DD D m z O TcJ0 cn O Z ~ f1Ew (IKE OF wAflk APMNOrU47E ! _ SAIUTARY ycwrX I - ~ / EASE 4El,I N N 89'51'48*E 499.11' Xl) 'WETLAND FANNO l c FF to 11 I 0 0 z I I UPLAND 11 VVL Iil \ I( UPLAND / S 89'51'48"W 514.80' SITE ANALYSIS AND SITE PLAN DRAWING S1 r-w• CITY OF TIGARD PLANNING DEPT. ~ a 3' PROG[Rrt O[PCAfgF tl wq IWVp --OM YMI wp,'°YiO / a I l • 04 ~Fy c~ rT Vicinity Map • U SLR 95-0016 Q PASTORlVAN N 4-0 m ~ $ Q 0 C C CKPBLE W L 0 U 'WRITTEN TESTIMOM SUBMITTED AT TM HEARING c City Of Tigard Town Hall 13125 SW Hall Blvd Jan 29, 1996 RE: Sensitive Lands Review ( SLR ) 95- 0016 Location--- 15245 SW 74th Ave ( WCTM 2S1 12DB, tax lot 00700 Submition of written testimony: I would like to take this opportunity to put forth several questions and voice some concerns we have as property owners directly across Fano creek opposite the proposed project. A) As this property appears to be completely or in part located in a flood plain area we ask that the city review all aspects of the affects this project may have on the flood plain and the surrounding properties. B) Since this SLR process is proceeding it appears to us that a variance is what is being requested. If this is the case, what would constitute meaningful grounds for a variance to be approved? We would like to know why and under what criteria would the city remove the flood plain restrictions for development. Does the developer need to prove or mitigate certain issues? or prove that actual land improvement would take place etc. C) Since a sizeable amount of fill is projected what would be the offsetting changes to the flood plain water containment capacity to prevent the raising of the creek to surrounding properties? D) We submit photos to you of some of our properties during this last storm. The comments would be that a raising of this creek in any way is not desirable, and any changes in the creek which are unforseen will or possibly could aggravate our situation. E) The proposed business is listed as a concrete pumping operation. If so some of our concerns would be: What would the actual business hours for the company and is it likely that the hours would be often before 6 A.M. and on week- ends? Is it likely that the trucks and other vehicles in the operation would be unusually loud with the possible addition of back- up warning bells ringing frequently? Will there be other heavy traffic on the un- paved road, increasing dust and dirt to be carried by prevailing winds? It was pointed out that the owner ( whether true or not is un- substantiated ) is also involved with a race car hobby or business. This may also subject this property to uses other than the concrete pumping, this could also subject the neighbors to un-relenting activity and noise at this location. Will an approval for this project limit the property use to only the core business? In closing we only fear for the unknown and appreciate your review of our comments here. Thank you, Mark and Debbie Haworth 7534 SW Ashford St Tigard, Or 97224 HEA~NGS TIOAM~ ICE , MINUTtS OFF b I-,ATE. C Sensitive Lands Permit Application For r Bill Pastor 15930 SW 74th Tigard, OR 97223 r 1 Submitted By CIDA, Inc. 5200 SW Macadam Suite 420 Portland, OR 97201 (503) 226-1285 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. Cover Letter II. Vicinity Map III. Tax Map IV. Narrative Addressing Section 18.84 & Comprehensive Plan Policies V. Engineers Statement VI. Cut/Fill Calculations VII. Fishman Wetland Delineation Report VIII. DSL Letter of July 25, 1995 IX. Drawings 1 CITY OF TIGARD, OREGON SENSITIVE LANDS APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Bog 23397 Tigard, Oregon 97223 - (503) 639-4171 I 1. GENERAL INFORMATION PROPERTY ADDRESS/LOCATION Tiqard, Oregon TAX MAP AND TAX LOT NO. 15245 SW 74th St. 2S112DB Tax Lot 11, 12, 13 SITE SIZE 4.65 acres PROPERTY OWNER/DEED HOLDER* Bil Pastor ADDRESS 15930 SW 74th PHONE 639-5228 CITY Tigard OR ZIP 97223 APPLICANT* Pamela Van, CIDA, Inc. ADDRESS 5200 SW Macadam Ave #420 PHONE 226-1285 CITY Portland OR ZIP 97201 *When the owner and the applicant are different 'people, the applicant must be the purchaser of record or a leasee in possession with written authorization ' from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. ,2. PROPOSAL SUMMARY The owners of record of the subject property request a Sensitive Lands Permit to allow Cut & fill within the 100 vear floodolain and associated wetlands ' 0523P/13P Rev' d : 3'/88 FOR STAFF USE ONLY CASE NO. OTHER CASE NO'S: I RECEIPT NO. I APPLICATION ACCEPTED BY: DATE: I Application elements submitted: I (A) Application form (1) (B) Owner's signature/written I authorization I (C) Title transfer instrument (1) (D) Assessor's map (1) (E) Plot plan (pre-app checklist) I (F) Applicant's statement I (pre-app checklist) (G) List of property owners and addresses within 250 feet (1) (H) Filing fee ($520) I i DATE DETERMINED TO BE COMPLETE: FINAL DECISION DEADLINE: COMP. PLAN/ZONE DESIGNATION: I I N.P.O. Number: Approval Date: Final Approval Date: I I Planning I Engineering C 7 K=10A ARCHI rECTURE-ENGINEERING I N T E R 1 O R S- P L A N N I N G P.O. BOX 69658 5200 SW MACADAM AVE.. SUITE 420 PORTLAND. OREGON 97201 November 28, 1995 City of Tigard Planning Department 13125 SW Hall Blvd. PO Box 23397 Tigard, OR 97223 RE: Sensitive Lands Application for Bill Pastor Project Number: 94041 To Staff: Enclosed are the required application materials for a Sensitive Lands Permit for the property located at 15245 SW 74th Ave., Tigard, Oregon. The 4.65 acre parcel is owned by Mr. Bill Pastor of Western Concrete. CIDA, Inc. is the authorized consultant representative for this application. Please review these materials and schedule the appropriate hearing for this application. A pre-application conference and neighborhood meeting has been accomplished and the ' meeting minutes are included in this packet. The application fee of $543.50 is also included. If you have any questions, please contact me. Thank you for your help. ' incerely, I 1 Pamela M. Vann Planning Director PMV/kg Enclosures cc: Bill Pastor, Western Concrete David G. Welsh, CIDA D:\GENADMINTROJECTS 84194041\11-28-95.LTR \ CIDA INC. COMMERCIAL INDUSTRIAL DESIGN ARCHITECTURE. P.C. Tel: 503 / 226-1285 • Fax: 503 / 226-1670 e 1 1 1 1 1 1 r NORTH N.T.S. 1-S 0 J m S.W. BONITA T Q SITE s > Q rn ¢ c N d n cn ^ Q ~ N~ SW DURHAM V) GPRMP 1O VICINITY MAP PA STS S `jam *a m 4" M W En V) M M - m . N ~ . . c7 D 156.7 \ 158.4 I 161.N I 165.3 ..................~,,..,~.~,...........J}....-., 1603 IS5.5 `I 1SS - (h CD o 00 0 I y 0 f I U. ' U U F o L~.l W ~OI J - ♦ l ' V tD N 1♦ ~_1 Itl cl) I 1 j. 1 11 fv 07 ,35.1 i VVV 133. ~ 1 S. W.. o. OREGON 1=z Jilt, 4-1 1 L~~ I I I I / ~ I ~ I I 163.6 16J.: 3 ~ 136 161.9 AVENUE 156.8 . I 1042 (40'1v1Lc) 74th ~.-o R C 1 c . . ~ . (S y RAILWAY 8 ELECTRIC . 4166.10 . H • W 05° 2d 12 1661.66 A 1 SENSITIVE LANDS APPLICATION CITY OF TIGARD FOR BILL PASTOR 15930 SW 74th Tigard, OR Site Location: 15245 SW 74th Avenue, Tigard, Oregon Lots 11,12 and S % of Lot 13, Fanno Creek Acre Tracts SE 1/4 Section 12 T2S R1W W.M. Tax Map 2S1 12DB Tax Lot 700 Current Zoning: IP Planned Industrial Site Size: 202,542 Square Feet (4.65 Acres) Project Description: The site is currently undeveloped as an industrial use, there is an existing occupied residential home and detached garage located on the northeast corner near 74th Avenue. The property is owned by Bill Pastor who desires to develop this parcel for the purpose of relocating Western Concrete, a truck concrete pumping business. The present location of Mr. Pastor's business at 15930 SW 74th, is no longer adequate to meet the facility needs of his growing business. At the present time, Western Concrete has six pumping trucks with a small shop and office. The expanded business would increase the truck fleet over time to ten to twelve trucks, a three bay service shop, expanded offices and parking, a self-contained concrete recycling facility, truck wash and outdoor storage. The proposed site has been in Mr. Pastor's possession for several years with the intent to eventually move his business there. To accommodate the design program for his business expansion, and meet City of Tigard development standards for landscaping, parking and circulation will require a developable area of 1.75 to 2 acres. The proposed site has approximately 40, 912 square feet (.939 acres) of developable upland area adjacent to SW 74th. This is inadequate in both overall area needs and depth for proper building location and circulation design. It is unavoidable that portions of the site be filled to bring this industrially zoned land into a developable state. Fill in the wetland only is estimated at 37,460 square feet, or .86 acres. A joint permit has been filed with DSL and the Corps of Engineers for a Nationwide 26 wetland fill permit for fills under one acre. The 4.65 site contains some sensitive features, such as the 100 year floodplain, associated wetlands, uplands, and an old meander scar of Fanno Creek. That portion of the site within the floodplain (elevation 132 and lower) is approximately 3.71 acres. A small portion within the floodplain is in the designated zero flood rise zone found (refer to City of Tigard Map showing zero flood rise area). Because wetland fills will be necessary to accommodate viable development, a wetlands I DAGENADMINTROJECTS\84\84041\11-28-85.NAR Page 1 1 delineation was conducted on the site by Fishman Environmental (see enclosed report) in September 1994. Approximately 2.6 acres of the property is determined to be jurisdictional wetlands. The Division of State Lands has reviewed and verified the findings of the Fishman delineation. Mr. Pastor has retained CIDA, Inc., to work with him in the development of a design program. CIDA conducted several site studies, evaluating the most efficient layout to meet program requirements and minimize needed fill impacts to the floodplain and associated wetlands. To meet these minimum design requirements and bring the property to a configuration efficient for development, it is necessary to both cut and fill in the floodplain and wetland areas. Based upon the preliminary site studies and Fishmans' delineation, CIDA met on site with Mr. Bill Parks of the Oregon Division of State Lands to discuss potential mitigation plans. The attached landscape mitigation plan reflects Mr. Parks ' suggestions for creation and enhancement of the wetlands as mitigation for the proposed fill. Important features of this mitigation plan include creation of additional channels for increased surface water area as habitat enhancement, associated benching at the shore line for plant diversity, creation of 'habitat islands' for protected fowl nesting and resting areas, introduction of additional native plant species for increased cover and food sources, and buffering of the wetlands from development with larger upland trees, both deciduous and coniferous (this area meets the USA 25' buffer requirement). Wetland fill permit applications have been filed with the Oregon Division of State Lands and the Corps of Engineers for a wetland fill under one acre in size. In addition to wetland impacts, this project must show no negative impacts to the flood carrying capacity of the site, no increase to the 100 year floodplain and maintenance of the zero foot rise level. These requirements are met and discussed in the narrative addressing the approval criteria below. SECTION 18.84.040 A through D. A. The Hearings Officer shall approve or approve with conditions an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: 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; The floodplain storage capacity of the site will be enhanced and preserved. Proposed cut in the floodplain (5356 cubic yards) exceed the proposed fill (4080 cubic yards), creating an additional is yards of flood storage capacity in the floodplain. I DAGENADMINTROJECTS\84\84041\11-28-85.NAR b Page 2 1 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 be allowed in areas designated residential subject to applicable zoning standards; This property is zoned Light Industrial. Alterations to the land form are proposed for land with industrial designation on the comprehensive plan and therefore this criteria is met. 3 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; This proposal does not cause an increase in the water surface elevation of the 100-year flood. The proposal provides excess flood storage capacity as the proposed cut exceeds the proposed fill by 1276 cubic yards. 4. 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 Hearings Officer as untimely; ' Not applicable, no trails or bike paths are designated by the City s master plan for this property. 10ko 1XI 5. The plans for the pedestdan\bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; Not applicable. 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and A joint cut-fill permit with the Corps of Engineers and the Oregon Division of State Lands has been filed. 7. Where land form 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 floodplain 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. No public recreational facilities are identified in the adopted plan for this property, therefore dedication is not required to support a pathway. 1 I DAGENADMINTROJECTM94\84041\11-28-85.NAR Page 3 B. The Director shall approve or approve with conditions an application request for a sensitive lands permit on slopes of 25 percent or greater or unstable ground based upon findings that all of the following criteria have been satisfied: 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; ' This proposal does not propose landform alterations greater than the minimum required for the reasonable development of the site for the proposed use as explained above in the project description. 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; All necessary erosion control methods will be employed during construction i and after. All grading will occur during the dry season to eliminate potential sedimentation into Fanno Creek. The old meander scar does not connect to Fanno Creek except in extreme winter high water events. Timing construction for the dry months will preclude problems with sedimentation or other adverse effects. The mitigation landscape plan proposes extensive plantings in fill slopes and riparian areas to stabilize slopes. No slopes greater than those already existing on the site are proposed. 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet\high water table; high shrink-swell capability; compressible\organic; and shallow depth-to-bedrock; and The building is located at the high end of the site to enable all structures and impervious surfaces to drain with existing contours and to minimize grading at the east end of the site as much as possible. At the time of design development and engineering review for building permits, all structures and surfaces will be designed to meet necessary engineering standards and soil conditions. 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening. All pervious surfaces where natural vegetation has been removed due to excavation and grading will be planted with native materials designed to prevent erosion in accordance with Chapter 18.100. Please refer to the landscape mitigation plan. A final landscaping plan for the developed portion of the site where slopes do not exceed 25% will be submitted during design development review and will be in accordance with Chapter 18.100. I DAGENADMINTROJECTS\84\84041\11-28-86.NAR Page 4 1 C. The Director shall approve or approve with conditions an application request for a sensitive lands permit within drainage ways based upon findings that all of the following criteria have been satisfied: No drainage way or stream course exists on this property, this section is not applicable. ' D. The Director shall approve or approve with conditions an application request for sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: 1. The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland; Not applicable, this site does not appear as a significant wetland on the Comprehensive Plan and Floodp/ain and Wedand Map, nor is it within 25 feet of such a designated area. 2. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use; The proposed site plan is a result of careful development studies based upon he design program objectives of minimizing site impact to sensitive areas while providing approximately 1.98 acres of developable area with reasonable depths for adequate layout, circulation and parking and overnight storage of trucks. The wetlands mitigation plan was developed from suggestions offered by Bill Parks of the Oregon Division of State Lands to minimize impacts on existing wetlands, focusing creation and enhancement mitigation for the greatest benefit to the natural community. 3. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated; The creation of additional channels for open water habitat and flood storage improves the current habitat structure of the site and provides for surplus flood storage capacity. This adequately mitigates changes in land form proposed on the site. This project would not result in any off-site impacts requiring mitigation. This proposal will not alter site hydrology which supports the wetlands. 4. Where natural vegetation has been removed due to landform alteration or ' development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening; This project will meet the erosion control standards of USA stated in Resolution and Order 91-47. I D AGENADMINTROJECTS\94\94041 \11-28-95.NAR Page 5 1 All plant materials proposed in the mitigation plan will be native species similar to those found currently on the site. Additional species are proposed to provide diversity to the habitat and create additional natural food sources. Typical native species found on the site (as observed and stated in Fishman's Wetland Delineation) include: ' Bulrush, Nutka Rose, Willow, Hawthorn, Poplar, Blackberry and Reed Canarygrass . Implementation of the proposal and mitigation plan will eradicate large quantities of undesirable plants (blackberry and reed canarygrass ) and add additional native species which will significantly diversity the plant community. These include: Various sedges, eleocharis, scirpus, sagitaria, typha latifolia, juncus, salix fluviatilis, physocarpys, spirea, comus stolonifers, fraxinus, alus rubra, crataegus ' and pyrus fusca. Please refer to the mitigation plan for species and location information. ' 5. All other sensitive lands requirements of this chapter have been met; This project meets all land requirements of this chapter, no variances are required. 6. The provisions of Chapter 18.150, Tree removal, shall be met; and The site contains four trees in the upland outside the floodplain, for which a Tree Cutting PL-unit will be required at the time of development. Grading and drainage for site development, efficient site layout to minimize impacts to wetlands and floodplain fills , and design for efficient and safe circulation dictate removal of these trees. The landscape mitigation plan proposes planting over 200 hundred ' native tree species for buffering and screening. In addition, at the time of site development review, additional parking island trees and street trees will be added to the site. This is a significant mitigation for the removal of the four existing trees. All provisions of Chapter 18.150 will be met with this project. 7. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. (Ord. 90-29; Ord.89-06; Ord. 87-66; Ord. 87-32; Ord. 83- 52) The above referenced policies of the Comprehensive Plan which apply to this proposal include: 3.1 Physical Limitations & Natural Hazards 7 Wetlands, Policy 3.1.1 3.2 Floodplains, Policies 3.2.1,3.2.2, 3.2.3, 3.2.4 3.4 Natural Areas, Policies 3.4.1, 3.4.2 ' 3.5 Parks, Recreation & Open Space, Policies 3.5.1, 3.5.2, 3.5.3, 3.5.4 DAGENADMINTROJECTS\94\84041\11-26-95.NAR Page 6 1 i 3.1.1 The Comprehensive Plan allows for development insensitive lands areas, such as the Pastor site, when it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development. The proposed site plan and engineering techniques submitted with this proposal meet this criteria. ' Wetlands fills for this project are under the jurisdiction of the Division of State Lands and Corps of Engineers. A separate and concurrent permit application has been filed. There is not a severe soil erosion issue with this site. All standards ' and accepted methods of erosion control will be employed to insure no negative impacts results from this proposal. This is not an area subject to earth slides or movement.All proposed slopes in excess of 25% will be adequately netted and planted to prevent erosion problems. No weak foundation soils are present in the area of proposed building development. 3.2.1 This project will not result in rise in elevation of the 100 year floodplain. The proposal provides additional flood storage to the site from its present capacity. ' 3.2.2 This project enhances the function and maintenance of the zero-foot rise floodway by providing additional storage capacity, and therefore meets this policy. The proposed land form alteration and development is located within an industrial zone and is therefore allowed under this policy. 3.2.3 This policy is met. The zero-foot rise floodway is maintained, documentation has ' shown no detrimental upstream or downstream effects in the floodplain area, criteria set forth in the Sensitive Lands Code has been met, a large, 25' or wider enhanced vegetated buffer is proposed between the development and sensitive areas. There is a preserved and enhanced wetland mitigation plan which provides significant buffering from development for the nearest residential area providing adequate sound and visual separation. There are no bike/pedestrian facilities planned for this area. 3.2.4 This area is not designated a significant wetland on the Comprehensive Map. 3.2.4 No recreational uses are identified by the City for this area, therefore dedication is not justified for this purpose. 3.4.1 This area has not been designated by the City as an area of significant environmental concern such that the proposer's development would be precluded from approval when the proposal meets all criteria of the Sensitive Lands code. This proposal provides significant enhancement of existing wetlands and uplands areas, and creation of new wetland areas as mitigation for landform alteration in the floodplain and existing wetlands. 3.4.2 This proposal enhances the existing vegetation in the riparian and wetland areas which provides greater protection and habitat for wildlife. No timber exists on the site which would be negative impacted as defined in this policy. Development is concentrated on the east end of the site with as minimal an I DAGENADMINTROJECTS\94\94041\11-29-95.NAR Page 7 t impact for land form alteration as possible. Significant wetland mitigation is proposed to offset the impacts of the proposed landform alteration. This ' mitigation plan will meet the intent of the Goal 5 policy to preserve wetland quality, by providing new creation wetlands, and enhancement of existing natural communities. 3.5.1 This proposal preserves a significant wetland and buffer which will be preserved as open space and therefore meets the intent of this policy. 3.5.2 N/A, as an industrial zone within a wetland and f/oodplain, this property is not appropriate or suitable for recreational facilities which would support the school district. 3.5.3 The proposal preserves the greenway adjacent to Fanno Creek. 3.5.4 N/A, the City has not identified this area as part of their interconnected pedestrian/bikepath system. ' Summary: This proposal meets the criteria of the Sensitive Lands code and the intent of the above policies of the Comprehensive Plan and therefore a Sensitive Lands Permit should be issued. t 1 I DAGENADMINTROJECTS\84\84041\11-26-85.NAR Page 8 Landscape Narrative for Pastor Wetlands Landscape Improvements- Soils- The existing soils on the site are Quatama Loams and Wapato silty clay Loam as mapped on the 1982 Washington County Soil Survey dated 1982. The area along the property's roadway frontage has been filled with various material. The soil survey describes the following about the mapped soil's condition: The Quatama loam soils occur in the areas upland from the Fenno Creek oxbow. These soils are moderately well drained and formed of mixed, loamy alluvium on old terraces. Native vegetation generally includes Douglas fir, western red cedar, Oregon grape, Oregon white oak, ash, grasses and forbs. The permeability of these soils is moderately slow. The effective rooting area is 60 inches in depth. The soil has a seasonally high water table. Generally it is perched in the 2-3 feet range during December through January. The Wapato silty clay loam soil occurs in the bottom lands along the oxbow area of the Pastor property. It is subject to short periods of overflow and ponding. Runoff is slow as the slopes are close to flat. These soils provide areas good for overwintering water fowl. The area has a 0-2 feet perched water table generally between December and April. Erosion Control- Erosion Control measures will be in place prior to the start of any construction and remain in place during all construction and site disturbance. Specific practices include: Gravel is to be placed within the construction entrance area. Sediment fencing will be placed at the toe of the disturbed area and between and disturbed area and water body. Steep slopes greater than 30% will have sediment fencing placed along the contours at a distance of every 25 feet. Temporary grass cover will be established along all sloping areas to reduce erosion until the proposed planting materials are established. Wetland, emergent and upland vegetation is proposed in all the disturbed areas. This will enhance the wetland environment and provide an improved foodbase for wildlife while at the same time stabilizing the ground surface. Work within and to the water channel will occur during the dry season while the water elevations are at their yearly lows. Sediment control fencing will be placed behind the existing dam to prevent sediment from entering the stream flow. 46 1 ENGINEERING STATEMENT Pastor Sensitive Lands Permit Application November 28, 1995 Earthwork planned for this site basically consists of filling and grading the upper (eastern) side of ' the site above the stream channel, relatively minor relocation of the old meander scar channel alongside this higher ground, the excavation of an additional section of the meander scar in the northwest part of the site, and the construction of a water quality structure at the southeastern corner of the property to which all developed runoff from the site would be directed. The graded upper area would be covered with impervious surfacing. The point of outlet toward Fanno Creek ' would not be altered. Water levels in the channels are controlled by downstream flows of Fanno Creek. The contained ' waters are largely stagnant backwater until dry conditions allow the creek to drain away. The channels contained in the project are not continuously flowing; scour due to water velocity is not a major concern. Existing slopes along the present on site channel are stable. The new channels and slopes proposed would be of similar or flatter slopes with adequate vegetative protection. Cut and fill calculations are contained in this report. These basically show a small increase in available water storage volume in the 100-year floodplain after the development occurs. The increase is relatively insignificant and would not be expected to cause any appreciable off-site impacts. As earlier stated, stream flow is very limited and this project should not cause a measurable change in the flow. Runoff would be detained on-site and flows away from the site are controlled by downstream conditions. New channel work contained in the project are basically to replace ' storage area filled within the floodplain. These are not flowing channels. ' Respectfully Submitted, Nils Lindholm, P.E. 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ARCHITECTURE-ENGINEERING 1~1 lac. t 1 °I low (50 - 1 tl~ 11t°I ■ SHEET ~/40 IDA INC. COMMERCIAL INDUSTRIAL DESIGN ARCHITECTURE P.C. P.O. BOX 80868 - 6200 SW MACADAM AVE., SUITE 420 - PORTLAND, OREGON - 97201 ARCHITECTURE-ENAINEER ING TFI. seo/77p.t7wS - 11 SHEET 7/ 40 IDA INC. , .O ~A OMMERCIAL INDUSTRIAL DESIGN ARCHITECTURE P.C. . BOX 69868 la-e6200 SW MACADAM AVE., SUITE 420 - PORTLAND, OREGON - 97201 ARCHITECTURE-ENQINEERINO TFI 4f~9 ~??A-~? _ _ _ 118... LOO _ (150 SHEET 8 `b IDA INC. ■ ~A OMMERCIAL INDUSTRIAL DESIGN ARCHITECTURE P.C. P.O. BOX 89888 ^'8200 SW MACADAM AVE.. SUITE 420 - PORTLAND. OREGON - 97201 ARCHITECTURE-ENOINEERINO t l~ . . . . Mo.. I Sc~ loo . AGO .........1.....'.....................................'......... . . TITLE BY &ASTO~ weTrDs GATE PROD. q NO. _L` -o4-( SHEET 040 IDA INC. 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COMMERCIAL INDUSTRIAL DESIGN ARCHITECTURE P.C. C P.O. BOX 69658 - 5200 SW UACAnAU AVF A111TF A9n - onoro sun ^m-m ~y ` . J ....frt. ~ t ~ . . 5....`~C .Gac ■ L-.....St-.(, ...t CS = l?3 r ' 5 C- ....L':............. - ( . i- :........C....i 4 t z.. J p` ~ Fl LL Iqu3.......... . . . . _ ■ . ` . . TITLE pAS'CeCz v.l~..T~,Pr~ S cv-T ~-IU, GPi-L.5 IDA INC. OMMERCIAL INDUSTRIAL DESIGN ARCHITECTURE P.C. P.O. BOX 69666 - 6200 SW MACADAM AVE., SUITE 420 - PORTLAND. OREGON - 97201 B Y V-"'74- DATE it/ b 15 S` PROJ. NO. SHEET C ■ DA ~Af:HITFf: T! IRF-FNPa IF1FP[f grin TITLE PP^7T0F- W C r L-,M-A>7S Cv.T J FI LL C 4L4-5 IDA INC. OMMERCIAL INDUSTRIAL DESIGN ARCHITECTURE P.C. P.O. BOX 69866 - 6200 SW MACADAM AVE.. SUITE 420 - PORTLAND. OREGON - 97201 BY DATE UI(e ~4S PROD. NO. SHEET C ■ DA ~ A P!FIITFe+Tr .oF _ Fwr ra r.r~cs r~r.~ SHEET IDA INC. OMMERCIAL INDUSTRIAL DESIGN ARCHITECTURE P.C. P.O. BOX 69658 - 5200 SW MACADAM AVE.. SUITE 420 - PORTLAND. OREGON - 97201 AA/ MITFe+T11eF F.......Fee..... TITLE BY vNkiz'~ PP~iTbR- wET~oevr~5 c..~T I riLL- CALC.S DATE "I S 1175 PROJ. NO. 14CO-1 SHEET IDA INC. OMMERCIAL INDUSTRIAL DESIGN ARCHITECTURE P.C. 0. BOX 69658 - 6200 SW MACADAM AVE.. SUITE 420 - PORTLAND, OREGON - 97201 ARCHITECTURE-ENatNFFRINA - - - 3 _ ..s yd..... 1 _ C6 4- .65t) -.7. -T -77b F. AIL' SCc_ p - /a l5v fi=t Z Fit,.U.....t?1L......s.....~.......-_.. ....................Z............................ ~......4.~..~. S 3 3 F..1..1_ . . 1 Z C~ r.......-q ..;..sue.... a i . C.vr........ VTT P°........."......~.... ~ Z . l I ~ ? , TITLE (:2PSTO K r= ( L(._ C IDA INC. OMMERCIAL INDUSTRIAL DESIGN ARCHITECTURE P.C. P.O. BOX 89666 - 5200 SW MACADAM AVE.. SUITE 420 - PORTLAND. OREGON - 97201 BY Vk1-r DATES 8r4S PROJ. NO. c" SHEET . C ■ DA I r . . 13...x... . . 13~.. . . . . r Z9 10~j 'r € r _ I.g.... . 2~.... jam. . : 1 ..............................:...1... . ~ . 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OREGON - 87201 TEL: 509/228-1285 FAX: 509/228-1870 ARCHITECTURE-ENGINEERING INTERIOR 8-PL A N N I N G . . . : R ' . ~4 ' : . 5 ~ 5r i '~vo d i _ E.. t BY ITLE PwS~~~ ,~~"L►~N~S CST !'-ILA- cpLCS~ (~Tc~(~5~~ t~Ot~~n\~ DATE 14 I-so 1 9r- PROD. NO. 9 4-tA 1 SHEET IDA INC. P C f OMMERCIAL INDUSTRIAL . . DESIGN ARCHITECTURE 0. BOX 89658 - 6200 SW MACADAM AVE, SUITE 420 - PORTLAND, OREGON - 97201 FAX: 609/226-1870 ARCHITECTURE-ENOINEERINO INTERIORS - P L A N N I N G TEL: 509/226-1285 TITLE ~PSTOCZ W ~TI.P~ 1~5 1 F (i-L- C ACe-S tr Q 1 %1 15 re-k- vO N CIDA INC. COMMERCIAL INDUSTRIAL DESIGN ARCHITECTURE P.C. P.O. BOX 89868 - 6200 SW MACADAM AVE.. SUITE 420 - PORTLAND. OREGON - 97201 TEL: 603/228-1286 FAX: 603/228-1870 BY 0-kCZ-e-- DATE I \ 3n PROJ. NO. g ¢OA-I SHEET S~S C ■ dA ARCHITECTURE-ENGINEERIN I N T E R I OR 6 - PL A N N I N 1 r WETLAND DELINEATION 15245 SW 74TH AVENUE, TIGARD, OREGON TAX LOT 700, TAX MAP 2S1 12DB SW 1/4 SECTION 12, T2S, R1W, WASHINGTON COUNTY Prepared for: William Pastor c/o Western Concrete Pumping, Inc. P.O. Box 23415 Tigard, OR 97281-3415 Prepared by: C. Mirth Walker and Dallas Morrissey Fishman Environmental Services Consultants in Ecology and Natural Resource Management 434 NW 6th Avenue, Suite 304 Portland, OR 97209 September, 1994 FES Project 94075 1 I WETLAND DELINEATION SUMMARY r SITE NAME: Pastor/Fanno Creek 4.65 acre site, Tax Lot 700, Tax Map 2S1 12DB, Washington County T2S, R1W, SW 1/4 Section 12 SITE LOCATION: 15245 SW 74th Avenue, Tigard, Oregon CLIENT: William A. Pastor I DATE OF SITE VISIT(S): August 17, 19, and 24, 1994 FES PROJECT NO.: 94075 HYDROLOGY: The predominant hydrologic feature of the subject site is a cutoff oxbow of Fanno creek that circles through the southwest portion of the site. Fanno Creek flows south and is located approximately 20 feet west of the subject property. The north end of the oxbow is cut off from Fanno Creek and has no surface inflow connection. The south arm of the oxbow has been dammed by beaver activity and drains to Fanno Creek through a narrow, incised channel. The oxbow channel is approximately 20 feet wide, and appeared at least 3 feet deep. A 3 foot diameter concrete culvert drains into the oxbow system from the east. Approximately 80 percent of the parcel lies within the 100 year flood plain (elevation 132.0 feet above sea level). Indicators of wetland hydrology on the site included oxidized root channels in wetland sample plots, saturated and shallowly inundated soils in the southeast portion of the site, and apparently saturated soils in aerial photographs taken during the spring of earlier years. SOILS: Soils mapped on the site by the U.S. Soil Conservation Service include Wapato silty clay loam (unit 43) on the western majority of the site and Quatama loam (units 37A and 37C) on the eastern uplands of the site. Wapato is classified as a hydric soil, whereas Quatama is non- hydric. Saturated soils in the southeast of the site were a black to very dark gray and dark gray (10YR 2/1 to 3/1 and 4/1) mucky silty clay loam to silt loam and silty clay loam. The low chroma indicates the presence of hydric soils. Soils in the southwest of the site, south of the oxbow, were a very dark grayish brown (10YR 3/2) silt loam to sandy silt with dark yellowish brown and strong brown (10YR 4/6 and 7.5YR 4/6) mottles. The chroma of 2 with mottles indicates the presence of hydric soils. Soils in the southwest of the site, on the peninsula inside the oxbow, were a dark brown to very dark grayish brown (10YR 3/3. to 3/2) silt loam, with a few yellowish red (5YR 4/6) mottles. Soils did not appear to meet the hydric soils criterion in this area; the oxbow may be effectively draining the peninsula area. Soils in the northern portion of the site , where grazing has occurred, were a dark gray to gray (10YR 4/1 to 511) silt loam with mottling. The chroma and mottling also indicate the presence of hydric soils. Fill soils and construction debris have been placed on the central eastern portion of the property above the 100 year flood plain. The fill area does not meet the hydric soils criterion. The native soils sampled on the upslope area in the northwest of the site were a dark brown (10YR 4/3) silt loam, and appeared to match the mapped Quatama description. VEGETATION: Dominant vegetation in the southeast area of the site, east of the oxbow, consisted of small-fruited bulrush (OBL), orange balsam (FACW), reed canarygrass (FACW), sweetbriar rose (FACW), and Pacific willow (FACW+). This area met the hydrophytic vegetation criterion. West of the oxbow on the peninsula and in the southwest corner of the site vegetation was predominantly reed canarygrass with red alder (FAC) shrubs in the wetter areas and ornamental hawthorn (FACU+) and Himalayan blackberry (FACU-) in the drier areas. A wetland forest dominated by black cottonwood (FAC), Pacific willow, ornamental hawthorn (FACU), and Oregon ash (FACW) is present immediately south of the site. The dominant vegetation in the grazed wetland area in the north central and northeast portion of the property was reed canarygrass, common velvetgrass (FAC), and Canada thistle (FACU+). Other common identifiable plants included water foxtail (OBL), creeping buttercup (FACW), curly dock (FAC), and beggars-tick (FACW+). The vegetation in the grazed area was treated as disturbed, but still met the hydrophytic vegetation criterion. Upslope areas were dominated by Canada thistle and orchard grass (FACU), and did not meet the hydrophytic vegetation criterion. Areas of fill were vegetated with common tansy (NI), Himalayan blackberry, Canada thistle, and weedy grasses. DETERMINATION: The oxbow channel, banks and a majority of the associated 100 year floodplain was delineated as wetland on the subject site using the 1987 Wetlands Delineation Manual methodology. The oxbow channel is riverine wetland and the remainder is palustrine shrub-scrub and emergent wetland. Forested wetland is present to the south of the site. An upland ridge is present just east of the oxbow and upland was found on the peninsula inside the oxbow. The wetland boundary was flagged and surveyed, and approximately 113,427 square feet (2.6 acres) of wetland was delineated on the subject site. The wetland area was determined based on the presence of hydrophytic vegetation and on the presence of indicators of wetland hydrology and hydric soils. The presence of oxidized root channels, changes in soil type, and changes in vegetation were the best parameters for determining wetland boundaries on the subject site. Best professional judgement was also used. Vegetation was disturbed in grazed areas. Data sheets are included for the wetland sample plots, and sampling locations are shown on the enclosed site survey. PROJECT STAFF: C. Mirth Walker, Wetlands Program Manager Dallas Morrissey, Wetlands Technician 1 Fishman Environmental Services Project 94075 Page 2 11 William A. Pastor 15245 SW 74th Avenue September 30, 1994 1.0 INTRODUCTION At the request of Pamela Vann of Commercial Industrial Design, Inc. (CIDA) Fishman Environmental Services conducted a Wetlands Delineation on the subject site located at 15245 SW 74th Avenue in Tigard, Oregon (Figure 1) for William Pastor, the property owner. The site is approximately 4.65 acres, and is described as Tax Lot 700 on tax map 2S 112DB, and consists of lot 11, 12, and half of 13 of the Fanno Creek Acre Tracts. The site is in the SW 1/4 of Section 12, in T2S, R1W, of Washington County, Oregon. The site is zoned planned industrial (I-P). A house is currently on the property, in the northeast corner. The site is bordered on the east by 74th Avenue and by railroad tracks. Fanno Creek is to the west of the property. Field work was conducted on August 17, 19, and 24, 1994. Wetlands were found and delineated on the subject site on the western and southeastern portions of the property. Fanno Creek is mapped on the subject site as riverine upper perennial open water intermittently exposed/permanent (R3OWZ) by the U.S. Fish and Wildlife Service on the Beaverton, Oregon National Wetlands Inventory (NWI) map (Figure 2). The oxbow is shown as part of the main stem of Fanno on the NWI map. An oval-shaped palustrine emergent, persistent, saturated/semipermanent/seasonals (PEMIY) wetland is mapped to the north of the site. It is our understanding that our client received a fill permit from the City of Tigard in 1991 for fill up to the 100 year flood plain (elevation 132.0 feet above sea level), and that no state or federal permits were required. The services provided under this contract as described in this report include professional opinions and judgements based on data collected. These services have been provided according to generally accepted practices of the environmental profession. The responsibility for making any further evaluation, disclosure or report to any third party, or for proceeding with property development, shall be solely that of the client. Fishman Environmental Services agrees not to make, except to the client or at the client's request, any report to any third party not legally required of it. r The following is a summary of findings that may be used as documentation of the existing natural resources for the purposes of permit applications. We recommend that this report be submitted to the Oregon Division of State Lands and the U.S. Army Corps of Engineers Portland District for review and confirmation of our findings. The City of Tigard should also be consulted prior to site filling or development. r Fishman Environmental Services Project 94075 Page 3 William A. Pastor 15245 SW 74th Avenue September 30, 1994 2.0 METHODS The method for delineating wetlands was based on the 1987 Army Corps of Engineers Wetlands Delineation Manual used by both the Corps and the Oregon Division of State Lands. Soils, vegetation, and indicators of hydrology were observed at wetland plot sample locations to establish the wetland boundary. Wetland boundaries were flagged for surveying onto a base map. Sample plot wetland determination data sheets are included with this report. Reference material used in this study included Reed's National List of'Plant Species that Occur in Wetlands: North►vest (Region 9) and the 1993 Supplement to this list, where wetland plant indicator statuses are listed. These indicator statuses include: OBL Obligate wetland (almost always occur in wetlands) FACW Facultative Wetland (usually occur in wetlands) FAC Facultative (equally likely to occur in wetlands or non-wetlands) FACU Facultative Upland (usually occur in non-wetlands) UPL, NOL Upland, Not Listed NI No Indicator (insufficient information available or plant is widely tolerant) Other materials used in this study are referenced in the last section of this report. 3.0 SITE CONDITIONS 3.1 Hvdrology The predominant hydrologic feature of the subject site is a cutoff oxbow of Fanno creek that circles through the southwest portion of the site. Fanno Creek flows south and is located approximately 20 feet west of the subject property. The north end of the oxbow is cutoff from Fanno creek and has no surface inflow connection. The south arm of the oxbow has been dammed by beaver activity and drains to Fanno Creek through a narrow, incised channel approximately 1 to 2 feet in width. The oxbow channel is approximately 20 feet wide, and appeared at least 3 feet deep. The water in the oxbow appeared stagnant with a surface layer of algae at the time of our site visits. An increase in water outflow was noticed on the last site visit due to a short period of rain the previous week. A 3 foot diameter concrete culvert drains into the oxbow system from the east. Approximately 80 percent of the parcel lies within the 100 year flood plain. r Indicators of wetland hydrology on the site included oxidized root channels in wetland sample plots, saturated and shallowly inundated soils in the southeast portion of the site, and apparently saturated soils in aerial photographs taken during the spring of earlier years (aerials available 11 Fishman Environmental Services Project 94075 Page 4 1 I~ William A. Pastor 15245 SW 74th Avenue I September 30, 1994 from the City of Tigard included April 1986, April 1989, and others). In addition, numerous ant mounds were present in the grazed field area, which generally indicates at least seasonal high groundwater. 3.2 Soil Wapato silty clay loam (unit 43) is mapped on the western portion of the site by the U.S. Soil Conservation Service in the Soil Survey of Washington County, Oregon (USDA SCS, 1982), and Quatama loams (units 37A and 37C) are mapped on the eastern portion of the site (Figure 3). Wapato is listed as hydric on the Hydric Soils in Washington County, Oregon (USDA SCS, 1987). The WaPato series consists of poorly drained soils that formed in recent alluvium on flood plains. Permeability is moderately slow. Wapato silty clay loam is on bottom lands along small steams and in low-lying areas adjacent to larger streams. It has smooth topography and is subject to short periods of overflow and ponding. In a representative profile the surface layer is very dark grayish-brown silty clay loam about 14 inches thick. The subsoil is dark grayish-brown silty clay r loam about 28 inches thick. The soils are saturated with water during winter unless artificially drained. Wapato is classified as fine-silty, mixed, mesic Fluvaquentic Haplaquolls. Saturated soils in the southeast of the site were a black to very dark gray and dark gray (10YR 2/1 to 3/1 and 4/1) mucky silty clay loam to silt loam and silty clay loam. The low chroma indicates the presence of hydric soils. Soils in the southwest of the site, south of the oxbow, were a very dark grayish brown (10YR 3/2) silt loam to sandy silt with dark yellowish brown and strong brown (10YR 4/6 and 7.5YR 4/6) mottles. The chroma of 2 with mottles indicates the presence of hydric soils. Soils in the southwest of the site, on the peninsula inside the oxbow, were a dark brown to very dark grayish brown (10YR 3/3 to 3/2) silt loam, with a few yellowish red (5YR 4/6) mottles. Soils did not appear to meet the hydric soils criterion in this area; the oxbow may be effectively draining the peninsula area. Soils in the northern portion of the site, where grazing has occurred, were a dark gray to gray (10YR 4/1 to 511) silt loam with mottling. The chroma and mottling also indicate the presence of hydric soils. Fill soils and construction debris have been placed on the central eastern portion of the property r above the 100 year flood plain. The fill area does not meet the hydric soils criterion. The native soils sampled on the upslope area in the northwest of the site were a dark brown (10YR 4/3) silt loam, and appeared to match the mapped Quatama description. Fishman Environmental Services Project 94075 Page 5 1 William A. Pastor 15245 SW 74th Avenue September 30, 1994 3.3 Vegetation Dominant vegetation in the southeast area of the site, east of the oxbow, consisted of small- fruited bulrush (Scirpus microcarpus, OBL), orange balsam (Impatiens capensis, FACW), reed canarygrass (Phalaris arundinacea, FACW), sweethriar rose (Rosa eglanteria, FACW, and Pacific willow (Salix lasiandra, FACW+). This area met the hydrophytic vegetation criterion. West of the oxbow on the peninsula and in the southwest corner of the site vegetation was predominantly reed canarygrass with red alder (Alnus rubra, FAC) shrubs in the wetter areas and ornamental hawthorn (Crataegus monogyna, FACU+) and Himalayan blackberry (Rubus discolor, FACU-) in the drier areas. A wetland forest dominated by black cottonwood (Populus trichocarpa [balsamifera], FAC), Pacific willow, ornamental hawthorn, and Oregon ash ' (Fraxinus latifolia; FACW) is present immediately south of the site. The dominant vegetation in the grazed wetland area in the north central and northeast portion of the property was reed canarygrass, common velvetgrass (Holcus lanatus, FAC), and Canada thistle (Cirsium arvense, FACU+). Other common identifiable plants included water foxtail (Alopecurus geniculatus, OBL), creeping buttercup (Ranunculus repens, FACW), curly dock (Rumex crispus, FAC), and beggars-tick (Bidens sp., FACW+). The vegetation in the grazed area was treated as disturbed, but still met the hydrophytic vegetation criterion. Upslope areas were dominated by Canada thistle and orchard grass (Dactylic glomerata, FACU), and did not meet the hydrophytic vegetation criterion. Areas of fill were vegetated with common tansy (Tanacetum vulgare, NI), Himalayan blackberry, Canada thistle, and weedy grasses. 4.0 WETLANDS DETERMINATION The oxbow channel, banks and a majority of the associated 100 year floodplain was delineated as wetland (see enclosed site survey) on the subject site using the 1987 Wetlands Delineation Manual methodology. The oxbow channel is riverine wetland and the remainder is palustrine shrub-scrub and emergent wetland. Forested wetland is present to the south of the site. An upland ridge is present just east of the oxbow and upland was found on the peninsula inside the oxbow. The wetland boundary was flagged and surveyed, and approximately 113,427 square feet, or 2.6 acres of wetland was delineated on the subject site (see enclosed site survey). The wetland area was determined based on the presence of hydrophytic vegetation and on the presence of indicators of wetland hydrology and hydric soils. The presence of oxidized root channels, changes in soil type, and changes in vegetation were the best parameters for r determining wetland boundaries on the subject site. Best professional judgement was also used. Vegetation was disturbed in grazed areas. Data sheets are included for the wetland sample plots, I and sampling locations are shown on the enclosed site survey. Fishman Environmental Services Project 94075 Page 6 11 1 1 William A. Pastor 15245 SW 74th Avenue September 30, 1994 This report should be reviewed by the regulatory agencies (U.S. Army Corps of Engineers and Oregon Division of State Lands) for confirmation of our conclusions. 5.0 RECOMMENDATIONS FOR WETLAND IMPACT MINIMIZATION AND POTENTIAL MITIGATION It is our understanding that our client wishes to have approximately 2 acres of upland on the subject site in order to sell it for industrial usage. State and federal wetland regulations require an examination and documentation of alternatives that would 1) avoid impacts to wetlands and, if impacts cannot be avoided, 2) minimize such impacts. If wetland filling is found necessary 1 after an analysis of alternatives, we recommend that any fill placed on the property be directed away from the southeastern corner, where saturated soils were noted. Diverse vegetation was also noted in this area, including the uncommon orange balsam (also known as spotted touch-me- not). Some filling immediately adjacent to 74th Avenue may be appropriate. Wetland mitigation opportunities do exist on the subject site, with upland areas within the oxbow on the peninsula and also in a ridge formation east of the oxbow. Additional wetlands could be created between Fanno Creek and the west property line, north of the oxbow. The grazed area can also be enhanced for wildlife habitat by discontinuing the grazing activity and planting wildlife shrubs. Controlling reed canarygrass may have to be a consideration. (Wildlife noted using the site include hummingbirds, green heron, and beaver, along with common songbirds). Thank you for the opportunity to assist with this project. C. Muth Walker Dallas Momssey Wetlands Program Manager Wetlands Technician Fishman Environmental Services Project 94075 Page 7 William A. Pastor 15245 SW 74th Avenue September 30, 1994 6.0 REFERENCES City of Tigard aerials (April 1986, April 1989, and others). Cowardin, L.M., V. Carter, F.C. Golet, and E.T LaRoe, 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service. FWS/OBS-79/31. Environmental Laboratory, 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Hitchcock, C.L. and A. Cronquist, 1973. Flora of the Pacific Northwest. University of Washington Press, Seattle. r~ Kollmorgen Instrument Corporation, 1990. Munsell Soil Color Charts. Baltimore. Reed, P.B., Jr., et al., 1993. Supplement to List of Plant Species That Occur in Wetlands: Northwest (Region 9). Reed, P.B., Jr., 1988. National List of Plant Species that Occur in Wetlands: Northwest (Region 9). U.S. Fish and Wildlife Service Biological Report No. 88 (26.9). USDA SCS, 1987. Hydric Soils in Washington County, Oregon. USDA SCS, 1982. Soil Survey of Washington County, Oregon. United States Department of 1 Agriculture Soil Conservation Service in cooperation with Oregon Agricultural Experiment Station. USDI Fish and Wildlife Service Beaverton, Oregon National Wetlands Inventory map. USGS Beaverton, Oregon 7.5' quadrangle, 1961, photorevised 1984. I Fishman Environmental Services Project 94075 Page 8 LEGEND Source: 1990 Thomas Guide p354 *f Sw 0 ~ i R ~I 9F ew S`t ~ m~ I •C I f . William Pastor 15245 SW 74th Ave. Tigard Oregon August 1994 Figure 1. Site Location Map Fishman Environmental Services A N i LEGEND '43 Wapato silty clayloam `37A, C Quatama loam 0-30l0, 7-12% slopes Source: Soil Survey of Washington County, Oregon (USDA SCS 1982) sheet #47 William Pastor 15245 SW 74th Ave. Tigard, Oregon August 1994 Figure 3. Soil Map Fishman Environmental Services 1N _ QFOtw iW'~` PowKt-k 5s Z;v Ic '6. /,rig 1 i~7N l~:-•1 - Y r ~SotY :r' `yo Y' "a.' °250 r- rf" - . ~ .~pFM "o ' ~1 d° X• ' Y'Y' jiROE•~ ~{I •r- c..~. ~ - _ .{iOlll~' - _ - .•.i_'yY ',roe^., ~ c":~~~1_ ~:..W'".'• _ ~ MAY r 21 1: . \r • 4oos ti 1 fE3Z ,/a%' . f ~ ' .i. . _ i, Y t!~1 • 217' ~ (Y M t: v4r y C)N 1 PIF t` / is ` ( y • ~ l •!1 ' ` L 0 rw pastor LEGEND verton. Or e on Nat Map. Source: US Tonal Wetlands In William 15245 SW 74th Ave, Tigard, Oregon August 1994 tional Wetlands lnventorY MaF Figure 2. Na . Fishman En mmnmenW Semces APPENDIX WETLAND DETERMINATION DATA SHEETS WETLAND DETERMINATION DATA SHEET - ROUTINE METHOD - 1987'MANUAL ►521{S sw ~y~c. ,Project/Site: Ff ` \~1yC / FOnno (,rrrK Sec: Date: ~C I Pi Plot: ApplicanUOwner: ~t M/O n ✓1 (l DA .-"i //''a Township: County: /Wo Transect: Investigator(s): N1GC /,V V/a I ky.r Range: I V State: Area: ao N 6~ 50 ✓fh Fr,(-ciW Of 74 Topographic Position: d cc) QCSS 1 o n4 G 1? Yrc ti' 3D / ✓l 7 SG t v UVS Do Normal Circumstances exist on the site? (explain at right) ® No ~U(11 r1~ Is the site significantly & recently disturbed (Atypical Situation)? Yes V 1l f Does the site contain a potential Pmblam area? Yes ` r VEGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator 1. ~(~fx~ M c r H ()Oqh ! P't- 5. l -lry`I ASe~'(JM f j ~n C V✓ l-' t?lmcfa_ 2. 6. "j 3. CV1+7. i 14. T~I~Ua /Gltt?b ~Gt U 5 %J i:1~L 8. l ercent of 44ominant Species that are OBI, FACW, or FAC (excluding FAC-): a /l;,~ r CCU % emarks: A1`i0 Rt (Whd1SCo/dY, Cl/5ion, 2Y,Kbii'~r' !lix.v. 011 e14'? 11.!S 5~►c/fs LCoL-L'.-t.L Hydrophytic Vegetation Present?( Yes No ScVr~l 'i~ ~D>'f6)?UIODGI , wrllold ~r y. OILS puye ..'-tl ~2 V/GSh,n~}L.n (~p~7nt~/ ~~C~1 LV'~~ r : C~ F- I-YGft ~rnt, t leries/Taxonomy (subgroup): of rA r t r 5 I 1+-'I 1_«, ,r 1-1~• p 1 neLv o Drainage Class: ~c~o 21~r Perm n,- Reid Observations Confirm Mapped Type? Yes Ng> Histosol Reducing Conditions High Organic Content in Surface Layer Histic Epipedon ?C Gleyed or Low Chroma Colors Organic Streaking /I.oyz. Sulfidic Odor Concretions / On Hyddc Soils List Probable Aquic Moisture Regime Other (explain in remarks) ~Depth (in) Horizon Matrix Color Mottle Colors, Abundance, Size Texture, Concretions, Structure, ORC, etc. CS-2 no vy-~ d+-flYS rr),J, 5~,>., G, ay ( ,~'1 j alt '9 rv~G. nV 1- ~ ~ C Q do"t 5 emarks: r. lydric Soils Present? es No HYDROLOGY 1° Indicators 2° Indicators epth of Surface Water: - (in) _ Inundated Oxidized Root Channels in Upper 12 in. lepth to Free Water in Pit: (in) Saturated in Upper 12 in. Water-Stained Leaves epth to Saturated Soil: +c (in) _ Water Marks Local Soil Survey Data Aerial Photographs _ Drift Unes FAC-Neutral Test Other Recorded Data (explain) _ Sediment Deposits Other (explain in remarks) Drainage Patterns in Wetlands emarks: i u n a z Tv lietland H rob9Y Present? Oj~ No Yd this TLAND DETERMINATION Sampling Point Within a Wetland? YES NO Final Remarks FISHMAN ENV/RONMENTAL SERVICES WETLAND DETERMINATION DATA SHEET - ROUTINE METHOD - 1987 MANUAL ' Project/Site: F45 GH 0`i 5,1 Sa 4S 5W -1' 1 { h Sec: 5 W I Date: ~ k-1 Plot: Z If C-r d / Applicant/Owner. t~A+n e 1c; X10 0 ~ 1~lI`~Tl Township: a 5 County: ~<< Transect: Investigator(s): Molze-ssf'4 Range: W State: e- Area: = So v~/ a f 5 f Topographic Position: C d C -'r- D d rP Q ASS ~c~ I r ('_rc, Movlr op 5 l o p t Do Normal Circumstances exist on the site? (explain at right) Yes No Is the site significantly & recently disturbed (Atypical Situation)? Yes No Does the site contain a potential Problem Area? Yes No VEGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator 1. ~Ytia1,~5 (r ~.rocn4Cel4 l'~ ' 40 Ecc ~~1 5. 2. ~c~a Gi (~.r;TP-rta, 5 3a , AC IN s. LAY -V obr,~~ }t~ 3. ~ACy'i7. %e u~. +I 5 `JS 1 " : - ' 0 r K ~ ercent of Dominant Species that are OBL, Vi FACW, or FAC (excluding FAC-): % emarks: Hydrophytic Vegetation Present? Yes No OILS i /T *k W M~~ed .res~c !1 r ~ ' - l er es axonomy(subgroup): ceP o ~r~e. . , y i-t pracive S11 c1Gv oom Drainage Class: r r Perm ! rnn6.'5C°-o Feld Observations Confirm Mapped Type? Yes No V Histosol Reducing Conditions High Organic Content in Surface Layer Histic Epipedon x Gleyed or Low Chroma Colors Organic Strealdng Suffidic Odor Concretions On Hydric Soils List Probable Aquic Moisture Regime D h i Other (explain in remarks) ept ( n) Horizon Matrix Colo r Mottle Colors, Abundance, Size Texture, Concretions, Structure, ORC, etc. o- 1 e> *4 12- r nI d 56 Sy2 `4J (o n,o l~ 5 11 1.°um 2 IrG-CAS V CFJ~nbl'./ ~Ql~ 11~`~ emarks: (ydric Soils Present? Xew No HYDROLOGY t 1 ° Indicators 2° Indicators epth of Surface Water. (in) _ Inundated x Oxidzed Root Channels in Upper 12 in. Depth to Free Water in Pit: (in) _ Saturated in Upper 12 in. Water-Stained Leaves Depth to Saturated Soil: - (in) _ Water Marks X. Local Soil Survey Data Aerial Photographs _ Drift Lines X FAC-Neutral Test Other Recorded Data (explain) _ Sediment Deposits Other (explain in remarks) _ Drainage Patterns in Wetlands ke: mr ks: iand Hydrology Present? Ye No p P o ~oavt~~ ETLAND DETERMINATION 131this Sampling Point Within a Wetland? 6i) NO P << , Final Remarks fISHMAN ENVIRONMENTAL SERVICES WETLAND DETERMINATION DATA SHEET - ROUTINE METHOD - 1987 MANUAL Project/Site: ci 0 O / Sec: SW 1 Z_ Date: ApplicanUOwner7arne la - nn A21'1I J t i la` Pa. U r Township: 3~'~ County. J~GI - Investigator(s): M o CC SS~,L! wV Range: W State: U Area:. P nd f=~11 I 5or VV c-i U i Topographic Position: q1'to P c~- bG~k, o d PPrt-s: c~<; i nr2.tG4' J Do Normal Circumstances exist on the site? (explain at dght)9 No Is the site significantly & recently disturbed (Atypical Situation)? @ No Does the site contain a potential Problem Area? Yes N& VEGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Plot: P 3 Transect: 5 - b Al fr~ Stratum % Cover Indicator 12. C 6. 3. 7. 4. 8. f ercent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): % l G°l t1~ J emarks: Hydrophytic Vegetation Present? Yes Clio) ILS c. ub oup): ~'tZ`'o roC. e- \-coen n-,lrrnr,.es~c H~.P~~xa'2G1f5 k2iesfraxonorny s Drainage Class: Perm: /VtDGI' ~,IAJ Field ObservZ16ns Confirm Mapped Type? Ce) No Histosol Reducing Conditions High Organic Content in Surface Layer Histic Epipedon Gleyed or Low Chroma Colors Organic Streaking Sulfidic Odor Concretions On Hydric Soils List Probable Aquic Moisture Regime Other (explain in remarks) Depth (in) Horizon Matrix Color Mottle Colors- Abundance. Size Texture Concretions- Structure- ORC etc_ - l cr tovrt `-t)~ rQJ~nb1./ ~I~JS S l1\- i_U4"»',% rnot5t' Remarks: 1-1 v bF ("\,A Hydric Soils Present? Yes HYDROLOGY Depth of Surface Water. Depth to Free Water in Pit: Depth to Saturated Sal: Aerial Photographs Other Recorded Dad _ 1° Indicators fin) _ Inundated (in) _ Saturated in Upper 12 in. (in) _ Water Marks _ Drift Lines a (explain) _ Sediment Deposits _ Drainage Patterns in Wetlands Remarks: _ Wetland Hydrology Present? Yes (No I ETLAND DETERMINATION Is this Sampling Point Within a Wetland? YES NO Final Remarks r 2° Indicators O)idzed Root Channels in Upper 12 in. Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (explain in remarks) FISHMAN ENVIRONMENTAL SERVICES WETLAND DETERMINATION DATA SHEET - ROUTINE METHOD - 1987 MANUAL ' Project/Site: t`_ c1'i of 5~~ S w ,r; r- Sec: Iy 5 ~~11 I Date: Plot: ~P H Applicant/Owner r'lnVic-, /8i11 Township: County: Transect: Investigator(s): Mo~2~ k12f Range: State: Area: '5W C.c Q n fiP- cD ; C I / Topographic Position: " ~~7 /X1~ lCl ;4 i?.~ V ' Do Normal Circumstances exist on the site? (explain at right) `r eR, No Is the site significantly & recently disturbed (Atypical Situation)? Yeso Does the site contain a potential Problem Area? Yes !q VEGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator 1. ~t~GldQ~~ L`~%.vci~n:.:!c µ 5. ; C.^ F=crcw C-1 6. 3. 4 7. . 8. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): /7i = o U % Remarks: Hydrophytic Vegetation Present? Ye No ( SOILS ti y3 Series/Taxonomy (subgroup): V~/o pc• a ,1k v C l c z os o f T uv , s Drainage Class: Da-na1`I Perm: rn~ 5I &L Field Observations Confirm Mapped Type? Yes No Histosol Reducing Conditions High Organic Content in Surface Layer Histic Epipedon Gleyed or Low Chroma Co lors Organic Streaking Sutfidic Odor Concretions On Hydric Soils List Probable Aquic Moisture Regime Other (explain in remarks) Depth (in) Horizon Matrix Colo r Mottle Colors Abundance Size Texture Concretions Structure ORC t D-ZD'' (gyp 3~i 4/ vrc.nj diS~ 1^v,C. Remarks: Hydric Soils Present?:'Yes No HYDROLOGY Depth of Surface Water. - (n) Depth to Free Water in Pit: (in) Depth to Saturated Soil: - (in) ' Aerial Photographs Other Recorded Data (explain) 1 ° Indicators _ Inundated _ Saturated in Upper 12 in. _ Water Marks _ Drift Lines _ Sediment Deposits Drainage Patterns in Wetlands Remarks: Wetland Hydrology Present? Les,, No WETLAND DETERMINATION Is this Sampling Point Within a Wetland? 'YES ; NO Final Remarks 1 2° Indicators X Oxidized Root Channels in Upper 12 in. Water-Stained Leaves Local Soil Survey Data X' FAC-Neutral Test Other (explain in remarks) U FISHMAN ENVIRONMENTAL SERVICES WETLAND DETERMINATION DAT/yEET ROt~NE METHOD - 1987' MANUAL I Project/Site:lq°-1015 rLnn G "liac@3 Sec: sv~ 12 Date: Ctn 1c~ +i Applicant/Owner. Darn v`G nn G,dc, j E \ \ 1 Township: d 5 County: WO - Investigator(s): ~ChecL :~{V / G N\ \A/n1Ktk- Range: State: 0Tt Area: 1, 5, S vV o4~ f 16-t- ~ Topographic Position: -To f- o+t. 5 l Do Normal Circumstances exist on the site? (explain at right) Yes No Is the site significantly & recently disturbed (Atypical Situation)? Yes No Does the site contain a potential Problem Area? Yes No 'VEGETATION Plot: 5 Transect: Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator 1. A 4I o:pnvi to f'C. r15 o,p l rac.- 5. Fv1o0 Ck k w' r~rS S I O FGC.U 2. }ZUbv 5 1SLo1 oR I 5 25 =C~Gi~ 6. E a~~~5e'~v+~-• }'f~ibryW~kcF, 1-1 5 ~'GG W 3. t ~QS~urr~ AQ-V( /CSC, 2 O Fac.u i" 7. 4. t~tia\a2~5 GR~s~otr`ace4 1-\ 15 Fa~v✓ 8. ercent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): C' ! = O % emarks: C050 \\011 V-6 F Moll,5 4nc; C.aQcv~ 7Gt~ l~1MLi tG~u a . Hydrophytic Vegetation Present? Ye ~ ~ s OILS 3~ ate.,,. IY~ R ° - - aa j, 7 eries/Taxonomy (subgroup): 0 \.j&to.r- C,,- 1.. ou.r. 5 LCC,, V , rn\1 c d cr, CS,(- Class: Ynod -.\/-c It Drainage Perm: mod S\cw Feld Observations Confirm Mapped Type? Yes No Histosol Reducing Conditions High Organic Content in Surface Layer Histic Epipedon Gleyed or Low Chroma Colors Organic Streaking Sulfidic Odor Concretions On Hydric Soils List ,_Probable Aquic Moisture Regime Other (explain in remarks) Depth Horizon Matrix (in) Color Mottle Colors, Abundance, Size Texture, Concretions, Structure, ORC, etc. ' R IoyR ?fZ_ Vic,~-rI R~~.~ ncd~\r5 0c a 2 5Cj emarks: lA a ud r ->C, r1 ydric Soils Present? Yes' 49) tit o • n o'r HYDROLOGY 1 ° Indicators tepth of Surface Water fin) _ Inundated Depth to Free Water in Pit: (in) _ Saturated in Upper 12 in. epth to Saturated Soil: (in) _ Water Marks Aerial Photographs - Drift Lines Other Recorded Data (explain) _ Sediment Deposits _ Drainage Patterns in Wetlands earks: f` O \ r,6,c&+ck mland Hydrology Present? Yes Q~ ETLAND DETERMINATION ~s this Sampling Point Within a Wetland? YES Final Remarks 1 2° Indicators Oxidized Root Channels in Upper 12 in. Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (explain in remarks) FISHMAN ENVIRONMENTAL SERVICES WETLAND DETERMINATION DATA SHEET - ROUTINE METHOD - 1987 MANUAL 1 ~a~\ " VI ^L" "'N Project/Site: ~e.~ 1 c0-{U 75 F~.u 7- CiAd Sec: S \a- Date: r Applicant/Owner. ?Carr Urtcr) Ltida ?65'02 Township: e'~4 J County: \i✓A Investigator(s): M r ;Sr.~! 1 YM V/6NV-C Range: v✓ State: r ~ Area: 1 ~ W n 1 Topographic Position: ti (Owrk t'A e\cJ ~ko' 5 Do Normal Circumstances exist on the site? (explain at right) Yes No Is the site significantly & recently disturbed (Atypical Situation)? Yes No Does the site contain a potential Problem Area? Yes No VEGETATION Dominant Plant Species Stratum % Cover 1. TV\6 k ~ COQ. rl fr• at4 t4 2. C%'9&Vrv, o.Q\/erSL H t 3. CE.~'rCGU : mo~o4yrlt~ 5 S 4. a J 5 e.~v r~ Cta v t,nx. ~-1 S Plot: (o Transect: - 5 - b Indicator Dominant Plant Species Stratum % Cover Indicator t-4(,N/ 5. C.GQCY~ Cbn~~rr't'c~ E{ O'o1 F O. C_ 8. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): _ % Remarks: 'Z' r,s~o)o5 if-tn W,e A-,\ e, Na^,v ~ Hav_L--~hr ie.riE Dc.va14_5 S ~~e Tt~ Hydrophytic Vegetation Present? g No % SOILS -y3 _ . t= tvvc~c~vr,.t' c. SeriestTaxonomy(subgroup): Vdc~r,r.•.-ra yy Loo,, 1-~~e = `•Ty w- f-'e Me 5\ c I~zi•~[x..vel\ Drainage Class: Doa R\ y Perm: r ' c' L S 1 n w Reid t) ervations Confirm Mapped Type? 'Yes No Histosol ! Reducing Conditions High Organic Content in Surface Layer Histic Epipedon Gleyed or Low Chroma Colors Organic Streaking SuKidic Odor Concretions On Hydric Soils List ' Probable Aquic Moisture Regime Other (explain in remarks) Depth (in) 1 O-4, Horizon Matrix Color \CYQ. JLl Mottle Colors, Abundance, Size L,c fn , rr~ r 1 1 v i= Texture, Concretions, Structure, ORC, etc. P, Lj -"S f•, C. x. C. Remarks: i•1'f to d , G ' Hydric Soils Present? es No HYDROLOGY 1 Depth of Surface Water. _ (in) Depth to Free Water in Pit: - (in) Depth to Saturated Soil: - (in) Aerial Photographs Other Recorded Data (explain) n r,~t ! lr ri 1° Indicators _ Inundated _ Saturated in Upper 12 in. -Water Marks _ Drift Lines _ Sediment Deposits Drainage Patterns in Wetlands ' Remarks: 0.; Wetland Hydro" Present? es No ` WETLAND DETERMINATION Is this Sampling Point Within a Wetland? ES NO Final Remarks 2° Indicators Oxidized Root Channels in Upper 12 in. Water-Stained Leaves X Local Soil Survey Data X FAC-Neutral Test Other (explain in remarks) FISHMAN ENVIRONMENTAL SERVICES WETLAND DETERMINATION DATA SHEET - ROUTINE METHOD Project/Site-L-a , ~`-1G1:~ Sec: Sw \7- Date: 1 tQl 9~{ Plot: Applicant/Owner:~'A Vt.,\n a j aL1 %a o+c Township:,r - County: Transect: Investigator(s)., a c.• , < . e.: 1✓~t R"f Range: \ w State: Area: i5 'v" of -1-0 ..)A LL r\ fiL!,- ~r6, Community ID: ' Topographic Position: rxroE vV Cot ~t'Arc. Do Normal Circumstances exist on the site? (explain at right) Yes No Is the site significantly & recently disturbed (Atypical Situation)? Yes No Does the site contain a potential Problem Area? Yes No VEGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator ,.,J 6. Tf-,r:c,''kcns L'a FGC-V FoGW 7. 3. J 8. • 4.C~i._ 1,"_ law -tck ti• Nc \0 i •:'ti 9. r 5. Ickc 10. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): cZ/3 = (010 % Remarks: 0. k<,n tic; : t 1 ar.~-c ~~a AA We : ' Hydrophytic Vegetation Present? 1987 es No SOILS Series/Taxonomy (Subgroup): \1`2'---04 L-,> , q r• ,.,k f M f 5 C. {4pkf-'."j c. Drainage Class: moot,\y Perm: •^O I°,,j Control Depth: Feld Observations Confirm Mapped Type? ~No _Histosol -Reducing Conditions -High Organic Content in Surface Laver C'105e. ' _Histic Epipedon _XGleyed or Low Chroma Colors -Organic Streaking _Sulfidic Odor -Concretions On Hydric Soils List -Probable Aquic Moisture Regime -Other (explain in remarks) Depth (in.) Horizon Matrix Color Mottle Colors. Abundance. Size Texture. Concretions. Structure. ORC. etc. O - W/ £.G Ma 5G l- ` V 1 f ! / ~~lRt' GtGtir Remarks: Hydric Soils Present? 1987 es No HYDROLOGY \(ee-y rinot;"t- alrn°~+ Satvee-i r6 Depth of Surface Water: (in.) _Inundated Oxidized Root Channels in Upper 12 in. Depth to Free Water in Pit: (in.) -Saturated in Upper 12 in. _Water-Stained Leaves Depth to Saturated Soil: - (in.) _Water Marks Local Soil Survey Data Aerial Photographs -Drift Lines FAC-Neutral Test Other Recorded Data (explain) -Sediment Deposits -Other (explain in remarks) -Drainage Patterns in Wetlands Remarks: IrNkIrw1r,-Z r roadwau Wetland Hydrology Present? 1987(lgo No WETLAND DETERMINATION Is this Sampling Point within a Wetland? 1987 YE NO Final Remarks: WETLAND DETERMINATION DATA SHEET - ROUTINE METHOD - 198TMANUAL Froiectisite: F4 ~ / q'40"1 Sec: W \ 3- Date: _?4*~ Plot: Applicant/Owner hkm Vann L%dca) ?W, t?oyoP_Township: County. W6_ Transect: $-~i' 1 O I ,Investigator(s): Mo9_2%s5w i 6M Wo l1CG~Z Range: \ \6,/_ State: C Area 1o~ 1=c'nc.4 ~r\ 1nr,C.SF. ip 2C- 'Topographic Position: kn 17100 P\C-In 0'e0 k. (Z c O'T' t=ie ld Do Normal Circumstances exist on the site? (explain at right) Yes No Is the site significantly & recently disturbed (Atypical Situation)? egNo 64 1 P_CA d Does the site contain a potential Problem Area? Yes No EGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator t. MoEcvs ! ana ir1--I ;e rCLC- 5. kart <~x C.CVSS l''o Fac~ AloHet.Jkv5 gen,t.ulo-tuS H 2-5 GE:~ s. i='~:~t-.,~~ : {l r~~-•r•--:; rt ~ rc_K) ;cup n~ r<=~.,cc. ? ?L~ _ 7. 4. 1 arwnovlo 5 teary- 1-A IS'z0 Fac>~ 8. at 1c.~? trcent of Dominant Species that are OBL. FACW, or FAC (excluding FAC-): 0/ _ (o-- % marks: n 1 lc hfyr S -t-Icrk LJ CA~f11GJ 1c~-=. J~ name Le.a~t-0.4 So r'ncncc~yrc Hydrophytic Vegetation Present? Ye No ac v b S I OILS eries/Taxonomy (subgroup): Wc".'a+O Drainage Class: pt-'o 12 Perm 0••nq to--) Feld Observations Confine Mapped Type? Yes No Histosol Reducing Conditions _ High Organic Content in Surface Layer Histic Epipedon Gleyed or Low Chroma Colors _ Organic Streaking Sulfidic Odor _ Concretions On Hydric Soils List Probable Aquic Moisture Regime _ Other (explain in remarks) Depth (in) Horizon Matrix Color Mottle Colors, Abundance, Size Texture, Concretions, Structure, ORC, etc. ' G - v O 1 UY f? 3 L rr, ri n rn e v jQ ~ o- ti u r oye q. i 1 ri•: , ri-,. ~ ~ • " ~ f- ~ 1=c - F c• z C. ~ L_ ~emarks: ~nvn~.noc.ky t_a-T S "I a^-r h ydric Soils Present? Y`s; No HYDROLOGY 1° Indicators 2° Indicators lepth of Surface Water fin) _ Inundated k Oxidized Root Channels in Upper 12 in. Depth to Free Water in Pit: (in) _ Saturated in Upper 12 in. Water-Stained Leaves epth to Saturated Sal: (in) _ Water Marks x Local Soil Survey Data )C Aerial Photographs _ Drift Lines FAC-Neutral Test Other Recorded Data (explain) _ Sediment Deposits Other (explain in remarks) ' L _ Drainage Patterns in Wetlands t _ erTlarkS: t' [ : G 5 \-@ S'_K1 etland Hydrology Present? e No t ETIAND DETERMINATION this Sampling Point Within a Wetiand? ES NO Final Remarks FISHMAN ENVIRONMENTAL SERVICES WETLAND DETERMINATION DATA SHEET - ROUTINE METHOD - 1987 MANUAL ,Project/Site: t= G? ~-c o C.K.. Sec: -S w Date: 194 Plot: ~ I _ x - 9 '10 Applicant/owner r6;tiefilownship: d5 County: '.4ek Transect: ,Investigator(s): c.2 . V 1 ~ .ly'\ \A& I.Y-If Range: w State: Area: /00, t GT ~l . 'Topographic Position: Ic(L. 1- Z 'T_ I Do Normal Circumstances exist on the site? (explain at right) Yes No Is the site significantly & recently disturbed (Atypical Situation)?(Yes o 4 P.-a 1-',3 Does the site contain a potential Problem Area? Yes No VEGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator 2. bL.~L.C rr Cs C 6. 3. ZG FcaL.il 7. 4. ICA B. I ercent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 012- O % emarks: Hydrophytic Vegetation Present? Yes No OILS s/T om (sub rou) Qvai-G~+^q ene axon y g p. Drainage Class: 0-C-3" v4e.k% Perm: Histosol 0~,- 6 -_A_- w Reld Observations Confirm Mapped Type? e No Reducing Conditions High Organic Content in Surface Layer Histic Epipedon Gleyed or Low Chroma Colors Organic Streaking Cr%o SC_ Sulfidic Odor Concretions On Hydric Soils List _ r Probable Aquic Moisture Regime Other (explain in remarks) Depth (in) Horizon Matrix Color Mottle Colors, Abundance, Size Texture, Concretions, Structure, ORC, etc. _j~ 1 `Z •Ji~ _ ~ L Nl~ 4~c L emarks: h In `n C.~ eoMC), I ydric Soils Presdnt? Yes (!o) HYDROLOGY lepth of Surface Water. _ fin) Depth to Free Water in Pit: - (in) I epth to Saturated Soil: - (in) Aerial Photographs Other Recorded Data (explain) 1 ° Indicators _ Inundated _ Saturated in Upper 12 in. _ Water Marks _ Drift Lines _ Sediment Deposits _ Drainage Patterns in Wetlands lemarks: I-) O ; n n : c,;, TG Wetland Hydrology Present? Yes Vo I ETLAND DETERMINATION this Sampling Point Within a Wetland? YES NO Final Remarks 1 2° Indicators Oxidized Root Channels in Upper 12 in. Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (explain in remarks) F/SHMAN ENVIRONMENTAL SERVICES ' WETLAND DETERMINATION DATA SHEET - ROUTINE METHOD Project/Site:-1 ✓ 5 1 qLA O 75 Sec: .5`d 17- Date:-a/ I / a~ Plot: 10 Applicant/Owner. Pa,nn Vn n) 3 ,\i t'r. E Township_.~ 5 County: "Vin Transect:89- lC Investigator(s) JDL tMoQe,< i , M w~~i~rK Range: i \A/ State: C2 Area: ten' W C, i , Community ID: Topographic Position: be\evN 5 t ~a h~' -i-cy.:>: bD0cAa < Do Normal Circumstances exist on the site?' (explain at right) Ye No Is the site significantly & recently disturbed (Atypical Situation)? Yes o Raze ri SAS `nail Does the site contain a potential Problem Area? es No VEGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator 1 1, Gu.5 1 r, nr.~ S H 6 2.Ra~vnG~ `.O 7~:-j 7. Act r4-n~ven rei~ yvs 3.~r EX P g 5. q 1 10. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 1 / i = 1 bo % - l.-, 0-9Urn v VI nn rze / Remarks: 1'7- ' Hydrophytic Vegetation Present? 1987 (es~ No SOILS ' Series/Taxonomy (Subgroup): V\&Po,-t-C Drainage Class:~oc2ny - Perm:mod 510-" Control Depth: Field Observations Confirm Mapped Type? es No Histosol -Reducing Conditions High Organic Content in Surface Layer Histic Epipedon X Gleyed or Low Chroma Colors -Organic Streaking Cho=~ _Sulfidic Odor -Concretions x, On Hydric Soils List -Probable Aquic Moisture Regime -Other (explain in remarks) ' DeDth (in.) Horizon Matrix Color Mottle Colors. Abundance. Size Texture. Concretions. Structure. ORC, etc. !~~~,F= `I I .~.~R ylb t t ~.vV-%'~, 5~1k wi-5~ ~-c;.J aRC Remarks: Hydric Soils Present? 1987 es o HYDROLOGY ' Depth of Surface Water: - (in.) -Inundated kOxidized Root Channels in Upper 12 in. Depth to Free Water in Pit: - (in.) _Saturated in Upper 12 in. _Water-Stained Leaves Depth to Saturated Soil: - (in.) -Water Marks xLocal Soil Survey Data Aerial Photographs -Drift Lines -<FAC-Neutral Test Other Recorded Data (explain) -Sediment Deposits -Other (explain in remarks) Drainage Patterns in Wetlands -i-- Remarks: b•.To{~css,vr,a1 Tub Wetland Hydrology Present? 1987 . es No ' WETLAND DETERMINATION Is this Sampling Point within a Wetland? 1987 ~SNO Final Remarks: WETLAND DETERMINATION DATA SHEET - ROUTINE METHOD - 1987 MANUAL roiect/She: 01 Sec: '--,W Date: 1C' i Ck Applicantlowner. are)Vc,,-,n 4~:~-, f [ ~\1 a"-;Township: ~s County: WC4 y ; G M v~c.1 Kc e_ Range: i `/`l State: investigator(s): M c e'; L , Area: o-10' 75 d SDJ C~ lL LC ul f d t O 'Topographic Position: ` bn rn Do Normal Circumstances exist on the site? (explain at right) 'e No ,Is the site significantly & recently disturbed (Atypical Situation)? Yes® Does the site contain a potential Problem Area? Yes No 1EGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum 95 6. Ak rl v ' i\ ~J C ~C.t. S F---(C- 7. 8. Plot: Transect: % Cover Indicator t rcent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): ~I ( = I Cv % marks: Hydrophytic Vegetation Present? es No OILS eriesTTaxonomy (subgroup): wog PC-+o 5 ~ 1~ L.vCar~r1 Drainage Class: poQ Penn: mn6 Sla+~ Feld Observations Confirm Mapped Type? Yes No Histosol Reducing Conditions High Organic Content in Surface Layer Histic Epipedon Gleyed or Low Chroma Colors Organic Streaking Sulfidic Odor _ Concretions On Hydric Soils List Probable Aquic Moisture Regime Other (explain in remarks) Depth (in) Horizon Matrix Color Mottle Colors, Abundance, Size Texture, Concretions, Structure, ORC, etc. ' 0-1 l0~/R ?I Z- f'-.ccr%-4 m,n 1.5ur2 -tli„ 5C...ov 446 moi-ts L- &-s 6 P- I emarks: ~R oba bly - he C6 ydric Soils Present? fe No HYDROLOGY lepth of Surface Water. - fin) Depth to Free Water in Pit: - (in) I epth to Saturated Soil: (in) Aerial Photographs Other Recorded Data (explain) emarks: 17., e-o bc, 0% >L etland Hydrology Present? (9 No 'T C- d c. 1° Indicators Inundated _ Saturated in Upper 12 in. _ Water Marks _ Drift Lines _ Sediment Deposits _ Drainage Patterns in Wetlands t ETLAND DETERMINATION this Sampling Point Within a Wetland? AYE NO Final Remarks 2° Indicators X Oxidized Root Channels in Upper 12 in. Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (explain in remarks) FISHMAN ENVIRONMENTAL SERVICES ' WETLAND DETERMINATION DATA SHEET - ROUTINE METHOD - 1987 h 5Zy5 S "1y+h Project No: \-C_5L laL1075 Site: Favvno GQecK Sec: W 12- Applicant/Owner: ~am \/arln -C%&' B'M PA-AtkTownship: S Investigator(s): D Maeee S5tV / Gt!~ We,IKe!- Range: 1 Vf Plot Location: 0f\ p e.n to c „ a C\ CG C4'~ [ tip IANUAL Date: z- '74 Plot: L iZ County: \./c;, Transect: State: C: fZ 6,q Topographic Position: / Do Normal Circumstances exist on the site? (explain at right) es No ( l(01- , ~jm me i 1 Is the site significantly & recently disturbed (Atypical Situation)? Yes to Does the site contain a potential Problem Area? Yes No VEGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator 1. Tlha~af' • o`RUn!1trq -I( -'A/ 5. 2. u\0 u :c: ~ ej Gtrl%ck+JS 5 ~ a(,.J-s. 3. G t R5 u (aIC ve r)Sr h S t-c+(-u 'f" 7. 4. GQCktau:5 Men00 s 1 C -fsC,V 8. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): I 1 Remarks: _ 41 'Hydrophytic Vegetation Present? Yes No SOILS Series/Taxonomy (subgroup): V-/AZ) o S s 1"~ Lcavr) IGC" % , Drainage Class: C? coo w. I- i Perm: rn od , S i a J Field Observations Confirm Mapped Type? Yes No Histosol Reducing Conditions High Organic Content in Surface Layer Histic Epipedon Gleyed or Low Chroma Colors Organic Streaking Sulfidic Odor Concretions On Hydric Soils List Probable Aquic Moisture Regime Other (explain in remarks) ' Depth (in) Horizon Matrix Color Mottle Colors, Abundance, Size o - 1c. Y 3~3 3/2, 'Remarks: Hydric Soils Present? Yes No ,HYDROLOGY -t-en U o'J5 - ? Depth of Surface Water: (in) Depth to Free Water in Pit: (in) Depth to Saturated Soil: (in) Aerial Photographs Oth R d d D t 1 ° Indicators _ Inundated _ Saturated in Upper 12 in. _ Water Marks _ Drift Lines er ecor e a a (explain) _ Sediment Deposits I _ Drainage Patterns in Wetlands Remarks: r1 O n d c SJ 0 2 r etland Hydrology Present? Yes l No) NETLAND DETERMINATION Is this Sampling Point Within a Wetland? YES NO ) 11 inal Remarks b Texture, Concretions, Structure, ORC, etc. 5 L_ rn C+i S 5 L n o ORG i 2° Indicators Oxidized Root Channels in Upper 12 in. Water-Stained Leaves Local Soil Survey Data FAC-Neutral Test Other (explain in remarks) FISHMAN ENVIRONMENTAL SERVICES 1 1 ' July 25, 1995' t1J/ . Cida Engineering 'V 4 If, P.O. Box 69658 Portland, Or. 97201 Re: Wetland Determination for Western Concrete Property located in T2S, R1W, Sec. 12, Tax Lot 11, 12, 13 in Washington Co., Oregon. ' Dear Ms. Vann: I have reviewed the above referenced wetland delineation report. Based on the data presented, I concur with the wetland boundaries as shown on the topograhic survey ' enclosed with the report. The area of wetlands is subject to Oregon's Removal Fill Law (ORS 196.800-196.990). As your client plans for development of the property, please keep in mind the reference in the law to avoid wetland impacts. Unavoidable impacts to the wetlands will require a permit from the Division and Corps of Engineers. If you have any questions, please feel free to call. S' cerely, ' Anne to Lalka wetlands Program del:5 p.4 ''Im aiNon DIVISION OF STATE LANDS STATE LAND BOARD JOHN A. KITZHABER Govemor PHIL KEISLING Secretarv of State JIM HILL State Treasurer 775 Summer Street NE Salem, OR 97310-1337 (503) 378-3805 FAX (503) 378-4844 TTY (503) 378-4615 c: Dale Haslem, Corps Bill Parks, DSL _ i ..___~~___._.._..._.,..a_. ~ ~ ~ ~ ~ ~ ~ ~ i I - ~ ~ [ i j ~ ~ ~ ~ ~ i ~ - . ~ G ~ \ I ~ - ~ j ~ - 1'G. 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'~~,r4~/~~ly~ `r. M1° f*1Cyl '1 _ n} . ,3Sf - r ~ 11,f"i~'' ~3_. 1i` 4i r ~,r .Fl•, ~M."f 7" YES'; rt~e , y x J ~v.n. J~' r ~ f .S~rk'e a ~ w ,t~Mf' .t. 4, r, +t^, ~ ;`p ' r_ , J ~ Y ~ , ~ r, A.. _~~':Y,S . ~ d. Sr* ,k".+`'r~'J""a7{a~.~ ,x,, 'r'r b. p~„,~:::rrAAJJ'«< $M ~ ^x < r - r ' ~ i , . ' _ <i'°„ g . P,~ ~~~~ca,.P ~ A - ' 4 ~ • 4 b ~ r ~ - ` Y - r a , c.. "~'r ;;t`rwt w ,-r R•'r' ,j,~1, y'0 •q' r °r'ytt~ ~ ~ ~ `'Y fr':"a.~ c rM t.i' ',a'2,,,,,,_~~ , ~ . ~ ~ ~ ' j., M"S~~ r mot, ~ 'r .•~F , w, 7„•'~4',~~~: ','71i r"aaih'`t?~e d~~i'r'i°Jr^.?r, } ~ p, , i 5Y5 My+~Y: / .'.k-. . ~ _ . 3 i '~,4' i . ~4 rVv t t'F ..n "D p v X °A . , }t ' ~ . e `Sµ ~ , n r. LvW ~~l M1 v ~ .~i~S~`" i~ i ~ ~ " . $a~'15i , "H',r.' y,~ c af' y(r~gM w ' *At„4 Z. r~ 3 4 i e F ~ y 4 { ,t ztr. SF~,yfi tl`[~: ,P~i41~ r Y 1 ik' td'4."~ "4s ! ?~k-,~ ka _ F ~ , i.' : ':R~yl~~k,~ ~Y "t .y,rl~ , u& i ~ . ~ ~'.~~,~„~'a~.y ~ d - ' ` - t`d;M " ~ fir.,=°r~k,.:il~,a. .4 . , y s. "x ~ ~ t vd"' `c"'*a~. as w 1;F ' i. s . ~ , ~ , ~ f," t ~ . ~ a ' ~ , iv 'y; P, p,+• " rep, ~ k ,r ~ • ,ts• v. ~aa '--.-L J , 'yj[~ky~'~ill kQ~` F~ ~ rt - N ~ kda .~'r ~~,~51«4. of n T2 +l F ~ e'~lp,N d ,t • h, f 58,aw^ri,.x"~_'"na Q r` r ,,,".'~;•s" fit,: r ~ , ~ rr~ ! 1~[~~ 5I`, Y / x • ~iN.~i~..,..eT.s%,,...T.-.~.-,~:w..,~.-j+r~-I ~...~.-`-1 - r f ~ ~~f~:, AREA of ra~r~cAno~ ~ , , k~ .r ~ „ ~ ~ • ~ ¢'~`r-' t. ~ ~ ' . i ! ' JY ~T1 i!' _ 2 ' ~ ~yw ~ v n ;?"1" ;.a"~" fit, + _ " ~ r , 1 f » ! ~ , . - gate .t,ti , v < ~ 9 4~ 499 r 11 ~ - . ' , ' ~O •O N 8 51 8~ ~~?;f NEW EDGE of WATER - ~ ' ' " , ~Z N~ U^ r ,a yy ? • !tx • 0' ~ ~ "ti R ~ ~ IIK~ P~ ~ 1RC+N PIFE FOUND Z ~ ~ ~ ~ ~ .raw.----~-t 'p'in/. "i - ~t ~ . 1 , k I ~ 0-29' EAST ~ ~ J h . "X i I PROJE~T.INFOf~MATfON: w~. ~ ~ w a 'y{ ~ LEGA,~ 6D~SCRIPTION _ OC ~ n. ~ ~ v ~ r ~r; f ' ~ ~ ~ 11, 12 AND S. 1/2 OF LOT 13 ~a 1. ~ SE 1/4 SEC 12, T,2S, R,11N, W,P~h W _ ~W ~S ''i:' I r ; ~ I r ~ ti \ \ Y ) J~ ~S~ m.'( `ny S . V , ~ NEW wAYER JtlAY , . a w r ~ ~ SITE INF(~I ATIO~i t„ 5 , A ~ ~ ~ I ~ ~ ' Wetland Area to Be D~~sturbed = 42,$61 SO. FT C I Wetlands Enhancement qnd Creation Area ~ 108,714 SG FT. ~a ~ , "~~~~ti"~,ryd' ~ USA ' r'' 1 t Ftrnodploin Volume lost = 4634 cub~c yards ~ ~~~°n a, ~ BUFFER ti 1~~ ti ~ - ~ ~-c=: 1 r ~ 1`To~odp(oin Voturne Creoted = 5556 cubic. yards ~ ~ . ~ ~ ~ , • , - , C .C , f~ , ~ Y r' "rte' dw 'P4 i" Y:'~. ~ ~ ~ . ~ 5 f ? r~.ikr k°l ~ ; "`tr.t""`y~ KrL-Clt~..~.zr[UL1~ c<Y ~ r` ~ , ~i ~ z~ 1~ g.` ~c . .k' ~x r ~'r a\ ` s M.fq,~vv~,• ~ ~ t m v et ~ ~ ~ TRUCk PARK! AREA ~ "w' ~ ~a~. ~ r ~~,:°d' ~ ~ / ~ ~ 3, t~ti w~`ii~r i4~~.. a~ ns ~ `~~1 .d , '.1, ~ U°a• ' ' I,P^ :r ~ ~IL k~. "`ark,, r 'p'" ,Y 7,;: fit "Yke ' / ~ ~ iro X .:.i~ i~ .r r 1 ~ , pp~,, it 2 1~ J f ! s ~ ~ ~r ^J' ':6~ lf'~ a ~ .i" ( , ~ ,r ~ "tYe S ~ t _ ~ ~y " ~ ' se * ~ " ~e,-'2 , y' y ; c v Mr .i. a~ I yt i I . ~ t yt~ d M1F w:k~ ~Lr q.XM . ' ~/y M 1 a'fyp~', >T7F' r ~ - v•t .~i.. ~~~f v`sl, _ "t , --t~p-~~ ` ~ NOTE. '1(~~h~? ¢ °i'A, ~vt]LL ~xa. I ?r a ~ ro ...p '~i' _'tR, 4~.. A ~~,,1~ Y a ~ ~ ~ f°. ~ - ~~c~ e ~ ~ ~ -~k~ . rye., ~ ra, ~ .,~k~'= ~4. 5 I - s;'~y? ~6 t,~, ~`t~~,-,~a~~ st"a, f, t , ~ .r ~ r "..~.3~- 'i.:~ • y<;, r''v~ r: ~ ;.>r .~tpS,t* ~~°p .~~,i~'~4r ye.i:"ii" ~a~. ~ ;r'. ~ ~ _ ~n y~: ~~~t j t '~c E, •1 , ~ ~ 1 TOPOGRAPHIC & SURV~.`( DATA FROM TOPOGRAPHIC SURVEY LOTS 11, 12, AND THE SOUTH 1/2 ~~E ~ ~ OF LOT 13 FANNO CREEK ,ACRE TRACTS d~ THE SE 1/4 SEC, ~2, T,2S, R,1w, w.M ~ ~ CITY OF 11GARD, WASHINGTON COUP~T`f, OREGGN RE11. 9/19/94 BY, ,~•~y ,V~ ~f~ .~.r]'?1'a~" `J„ .e. i n,r~,y,~.,. ''1 v a .Y~''µ ~ F,' `i.6 'Y 1' ~ '3.x`^~„~• ~d}7.. ~h"! a "~'h~'~ ~y"~ , , , iv: ~ ~ , -'y~f, ti ,p" ~%;y l , 6 '°,+fLCr~"',2 ~3r ~~~~'a, •yt"..-'' + ~Y. "`±.ny c1 xdr°, t'" I J1M WEDDLE & A$SGCIATES, INC' j lN',R ~~.~.1 ,Y~' rs Y'v ,P ~ - ~ +~.,_y. 4 \~N~ r. ~ h' ;I 1 , <3 f•. a~ ~ JA ~ ~ ~ ~ r t Zvi S i 1 ~ ~ ~ 1750 SW SKYLINE 3i~VD f~ PORTLAND, OR 97221 :~x ~ c,' ~ '~s: 1 rr - 'fie ~ ~ r°, i ~ ~ 'iYS~,~`a n~'°"u5' •':~s ~Je.4~,~ ,,~a. ,~F li~.w~ ~a ~ C~ ''°`..w."-.~4,.+~y .r„~ 4 , ~ ~ 292-8083 •s. dy , (~,y~' ~ - r, , / 1 y"-. V ~ b' rw~ ° ~.r"; 'gym k'~d. ? A7 ~ ~ ~ ~ , ~ j 2, 6i:NCH MARK, ~ •t:` ~ EDGE CF WATER _ - ~ ~ d r ~ ~ r I 3RASS DISC, IN CURS, SW CORNER BONITA ROAD AND 74T'1-1 AVE O W C~ ,y" ~ .I fL, ~ 14ar97 ~ ~ > ~ r ~Y 4, " ~ • ~ ? " , tS u " . a~ , - e.'~ Spa," ~ r`~,,.,, - - ` s ri ` e i 3.~ f .I CITY OF TIGARD DATUM y~ t~ Qi '"d=~, w'~ ,}c. d "Yc ,+w"k h'xai" .~a4•, ,!y,~,; ,y~,~ _ __.'"4w ~r.`_`e":+,+.. ~ r t 2. y' k 9 s'y^+'y" :'3 r •;~~",•Y~e ..a~iKd ,tip ~v r R" -+-.-a.,.,,,. i ~ v- I j ~ ~ ~ ~ ~ '~v.3Yg~~. yt rr3 y, ,P, .vyt,>a<p • .,,~.F s V v r"~ fe ' ~ ~ Q I 3 FLOODPLAiN VOLUME CREATED ; 536 CU$IC YARDS ~ I ~ f~.04DPLAIN VOLUh9E LOST ~ 4G80 CUflIG Y,'~D5 ~ ~ w r w ~?"y 4~'~ib. "y'~,, .k~r X t .t .1..~_ 3l .~t ~ , ~ TOTAL GAtN iN FLOOCP'~.AlN VOLUME 1216 CUQIO YARDS +~~e V~' yy . Y T Y ~ Y V rY ~ ~ ~ F t. i'~-` h ,7}s; Jp ' o , y'... r z , x a i., ti ~ ~ r , Z ~ r , • x ~ 3.,. r ~ ~ I I k~~-* Tp Y., r~ rr ^,qr 1~] _.~,F " ; ~ '*"',,uv~ ~ T ' r' ~ ~ rte" ` v Y, . ~ " m ' I ~ i'F „N~ r`r'7a N / 4.a ` T.Mi r~„ ~ ad1 h~' ~i' ~ a fjµ + / ` 4 y,.. A ,iaF c'1~~3~. F .t ~ .x a.~ ' v ~1. ~ ~1 Mw f ! ~ ~ Q ~ M~+ 1 ~ ~ ~~t ~~,x;';&&"~y`~'~~;,~ r t \ ~ ~ ~ I 133 ~ ~ ~ a9 }-w p~°tm°~c~°jv %~,,i1„k:?,g ;'4 ~e,~ ' fr F tr ~ ~ cv '~~v ,r1?~+ .w? r:.r'r.i ~j ~ V1 I „x~ ` a E v I ei, `,~~~c ` .r ,°i' , ,3.:; ° it ~ it f ~ ~ -`r. r, { i ~`~F~a. F . ~ sr A, h ..-,y~' M .~r w - r ~,t."~F rrA '4 F w, sa_: ~.r~;=;~!"~'~ ~t c .9 r., x fl ~ n 4 v ~ e° r,^• I I , rr~~ # , x.. ~ .r. +}}~~x z'., ,ri, s - ~Y . ` = " - ^ it ` LEGEND I ~ r ~a ~ , ,r.~-`''~ ? -~GS ~ IFS- - I t ,~`a'3~" -"a,, r, Y~,r.r ~~''y[~`t='k':t~~;3~'3,;_ ~ / - ~ "a 14 1 I ~ ~ yy _i Viz', ~ ; ' !7 ' i xx " ' ` ~ ~ ~ . R"t ~4~ ~~{'f ~~n"'°~J~~t ,~b ~ e(~ . ~ ~ \ t ,~i 4 Y ~ T~ f~'.~'~0~+`~c ~ ' ~ ~ T_ ~ EXISTING CONTOUR y b ~,p~ a~~~~ y~ra_'~.,' ~y„h'"r.{.; :'a. ~Jft ~ f - - ~s:~, t" };(/j~ i~ _ p~ ~ ~I,e~';Fi',7', ' i '.a,t M ~ .dc°. ..'1Z \ r , fi~ ~ r~T a v~ Y,. ' R: 'T~~d ~ ~ 1 1 104 _ _ NEW CONTOUR : k - ~ ~ ~ y a , • x ~ ASP`:' x t ~ 'y , ~ ` ~ f ''m , t r e. E ti'7~ ~ Jl ~ ~ 1'Y ~ ` ~ JJ E crh. D„ ~ •y,~~ ~'t. K S~ r:. ~,w~y.r~, ~ ~ a'a ~ ` ~ ~ ''rd I 1 ~ ~ ~ "'b.,v a;. ,I ri ~ 4 DATE: JULY 14, 199 WET4AN0 BOUNDARY 1` l ' J rc $F * A~ ~)'1'rkJ, r~{~-. k ,r.r~ 'a/ d " ~ ~ ~ I Y ~ Y~ y fi.,~- f ,,~,5. p,~',. "2u~ \ \ ~ / , . r A., . C `.y4~ 3',~~ ~,r x s~F ~ . ""k. .t.'' ~ ~ \ ~ "p ' rtrA a'W~'i Y 1 ~ , ~ sr--'- r ~i~ Y, J!x {j~({~, '~I~rv ~ r 1" \ ~ ~ .f , `,0.'M ~i" ~o /C ' ~ ~ I ~ f~1G P'~ LOAD MAIN EXTG >:LOOD P'~A!N EOUNDARY, EtEVATIO~d 13l DRAWN ~Y' JLJ ~ - ~ ~ - - 1 ~ v«~itl~'.,'y"~".-~ ~ 4 " ~ ~ ~ ~ ~p1°~~C'- r". a ti's ~ `A I T1h0 STAGE EXTENDED DRY NcvV FLOOD PLAIN NEW FLOOD r~A!N BOUNDARY, ELEVATION 132 CHECKED BY: PU h. n~` ,,i'i ~ ~n~,t-~,a:~itia. < 1 A \ } yir' j DETENT]ON STORMWAT~ER ..r... WETLANDS IMPACT AREA = 0,86 ACRES { TREATh~ENr POND REVISIONS: C",+ .,a'i'r 'fa, ` ~ , _ . h +.7^ t. 1 APPROX, ZGOO CU. FT. ~ ~ ~u~ q WATER ti1ETER DECEMBER 1, 1995 w ~ 1. ~~,1Y',w~v~~I~~~~~•,,, .~y~~,~~~;q- ~ 6~ x_ .r ~ \ ` ~ wa ~ ,t ;cs ' R.d ` i~ P` ` - ,--'T`+-~'~" + ,N EXTG '~YATER LINE IN 74TH AVE - ..,-.-rs_j_-_ 4~t~N PIPE f0;}Np ts.C~~°~e~. Y".~. ,i'?yf~, ~ .w._____._, t ---r.. v-^-~rT^a--1--~-".,- 'w I I 54 g ~ ~ ~ ,Y v~~~,7 2s.vh ~ ,~-,k - 1,95 'rYEgT ~ ~ MM , ~ 1 :~i ~ e . ~ ~ , ~4 t ~ FH FlRE HYDRANT ! ~ rI :a I l ~s~. ~ ~ , tE 109.11 (AS-Dt11l.i~' _ , . '.ru;' ~ 'gyp, , ~ , •x,_ - . ~ I S 449 51 ~48 W ~ 4,~0 ~ V ~ t ,~~,~aa, ~ , . _ , ' ~ . :r. i! s i 7^ , I I ;r` , r Gip i~ $ ~ ~ it , ~ r` "F ` s" k i d" 1~,'~~r _ , j, 1 tayey 3. . , a+Sp ( ~'~y',ryF:l r'~j~,i ° , ~ r r~'V , i`;yVFU ,ii w', ~ ~ r < , . , ~ ~ DRAwiNC TITLE: - WETLANDS GRADING PUW ~Y~ tP w"~N nA ~.i . ~ ~ - , ' 3:` ~F r ~ ~ t~ , ' ~ SHEET: 2 WETLANPS-..- ENHANCEM ENT GRADING PLAN ~~`y?5H SD2 E VV Y or U - OF 2 V JOB N0: 94041 U - ~ K PI_ANTI~JG LEGEND 40` EMERGENT WETLAND CAREX OBNUPlA -Slough Sedge (OBL) ~ Plont each of the fol~ow~ng epec~e ~n groups , ~ f 11 i ELECCHARtS PALUSTRIS -Common Spike Rush (CDi.) of 15, 3' 0 C i N 89 51 ~8 E X99.11 SCIRPUS MICRUCARPUS -Small Frwted Buil Rush (OBi_) ~ - t~EW EDGE OF WA1ER _ _ o' a I _J ~D Vn u: + SA,GITTAPoA LATI~OLIA -Arrowhead (OBL) Note. Plant ~n water channel only, 4' 0 C w Z ~ n z - 1RON f IRON PIFE FOUND Z Z ~ v ~ ~ x - - - - x - _ _x - x - - o za` ~ I UEC I ~ o i~ U d + iYPHA tAIIFOuA -Common Cattail (OBL) Plant 3' O.C as shown W d ~ ~ ~ UEC 0 ° EX, GAR ,s"rR I v 1 + T 0 i ~ 4 WP 9 ~ rt` I I N + BIDENS CERNUA - Beggertick (FACuV) l i i , . • ° o EX,HOUSE _ I Pant each of the tollawing spec e .n groo~ps I FW- ~ ~ ` i ~ F F ELE~1. = 13G l ~ CAREX LENTICULARIS -Shore Sedge (FACuV) of 15, 3' O C ~ s W + ~ o, i ~ ti 1 %0' X 80' I JUNCUS EFFUSUS -Soft Rosh (FACW) Q - ~ • ' ~ ~ SHOP AND TRUCK OFFICE I ° WPJI~18 4 ~ 16" 18" 10" 8R I ' ~G r_. _ ~ L \ MAiNTANENCE I '~JtTLAN~ E3UE~EE2 0~ \ l i ° it 1 ilE 48"FIR 6• >IE 30" M ~ i•1 ° ~i ~ ~ w° ° w SPIRAEA DOUGIJ+SII -Douglas Spirea (FACW) Plant upland of sedges cnd rushs n groups of 10, 5' 0 C Z ~ ~ + ~vvvvQ ~L1G ' ~ " ~ TRUCK PARKING . 2g ~ I 1ewo~yJ CORNUS `~TOLONIFERA -Red Twlg Dogwood (FACJJ) Plant upland of sedges and rushes . ti I W i ~ _ I Plant in groups 10, 5' 0 C, v USA 0~\ + UVa v BUFFER 0 ~ I v 0 YrV v ~ p I + SALIX F~~IrVIATII_US -Columbia River Willow (Ot3L-FAC) plant 8' 0 C os shown 1 vv vv' v vvvv ~ I vv vvv ~ /A. ( i 'Y I 0 H.C ~ I i " I .o ~p ~I - ~ - ' PARKING ~ 1 UP~_A~~1D ENHANCEMENT COMMUNIT'~ _ EDGE OF DEVELOPMENT ~ ° - I tD I ~ ~ PHYSOCARPUS CAPITATUS - Pacific Ninebark (FAC+~) P;ant n soups of 5, 8' 0 C. Adjust plcnt group~~gs ~ I to Flt site cond,tlons 0 ~ ~ vvvvvv -vv o ~ _ I ' ° I~EC ~ vvvvvovvv \ ~ I _ vvvvvvvv _ UEC AMEI~~NCMIER ALNiFOLIA - Servicebeiry (FACU) Plant ~n groups of 5 ~0' U C, when p;onted amongst ~ v J vvvvvvvav ~ ~ 1 vvvvvva I + exist!ng plant matenal ~ " vvvvv Vv UEC .,r v O, ' I CORNUS STOLCNIFERA -Red Twig Dogwood (FACrM) P~ani in groups of 15, 5' 0 C ~ _ v 0 I + _ PT - 504 UPLAND SEED MIX Plant at a rate of 7 pounds per ?000 sq tt . ~ ~ I I . a ; ~ 0y J~ ~6 F _ ~ v LiJ ' ~ 0 ~ ~4 M ~P ,9 I :j - ~ ~ . I + ~ ~ ~ + ~ FRAXINUS IATIFOLIA -Oregon Ash (FAC'vY) FRAkIwUS_'setvor clayey SIiETEXT ~ ~ N , SAN [ N c ,4, RiM 12 9~.r l G ~ i O ; . v~ I I 5 + ~ ~ ~ ~ ° ~ W N ~ 5a • ° ~ Q ~ I ~ ALNUS RtJBRA -Red Alder (FAC ACER ~FUBRu~t~ 'SCARSEN' U + 4 I C" J 4 " 8 O I ~ti' ? 4 f i Y ° J + ~ ~ ~ ~ UEC ~ Q { i ~ I CRATAEGU~S DOUGI~S'I - Qregon Haxt~arne (FAC) ~ ~ Q Q' ~ Y i ~ + • c~ h ~ ST MH I WL1 ~ a U~~ . i v ' ~ ~ RIM 133 2~i T MH IM 133 2~i a~ v ~ I IE 114,i E 124,2 ~ ~ PYRUS FUSCA -Western Crebcpple • v v ~ 5T Sl' I'. . vvv I + v v ~ vvv ~ x t vvv I 9 \ • t I vvvv E I Q vvv I + PLAf~JT ~1ATERIAL LIST n ~SP ~ =1 P m ~n o P ' D TOP UF' STRUCTURE A 132.5' ELEV. mss? 'h vvv v ~ - vvvv v v I TREES n Sq W~~N~ - ~ vvvv vv ~ ~ 6A ~ vvvv ~ Vv ~ 0 vvvvvv vv / Y . ~ v9PPP v9. 5CHW1 G CONCRETE ~Q~ I I ~ 40 ALNUS RU BRA -Red Alder - 1" colp in containers L.~J... - ~ vvvvv vv _ ~ Q BfgyE vvv vv R~Crc~ G UN ~F 7 I I R vvv v ~ ~ ~Q ~ 24 CRATAEGUS DOUGLASII Oregon As`1 - 1" Calp In corta~ners ~ ° 4 ~ ~ a0 p~IN ~ a vvv 4 v -'---d-~ I vv vv 4 37 FRAXINUS tAL'FOLIA -Oregon Ash - 1° Capp, in contaners UEC \ v v ~ a I 48 PYRUS FUSCA -Western Crabapp'e - 2 - 3' Bareroot sA v v ~ a D ~ o , z a ~ ~p I v v A~ tJND + 84 SP,LIX FLU~V!ATILUS -Columbia River Willow - rooted cuttings vvvv s I, I ~ 9 FRAX~NUS AMER~CANA "SKYLINE' carp B&B v v v v v V9VD C~ VV V V 9VOVVVOVVVVVVVDVDVVVOVVVVVVgVVVVV0VVV9PV.~V9Vg,9V V, 5 ACER RUB~RUM 'SCARSEN' 2" B&B DAjE; ~UIy ~ 4, ~ 9~5 vv v vvovvvvvvvvvv vvavvl~V3d`d`vvpq{avvyv'v v vv vv v vovovvvvvvv v avv vv I ~ ~ ~V'vVVVVVV I C v ~ vvvv v vavvavvvvvv ~ vvvavav vv vvvovvvvvv v~4-rtP-s-rVVaRPVV ( I ~ SHRUBS ~ ''c vvvvvvvv v vvvv ovgavvovvav avvvVVVVVVv d VVV9VV9V V ~ 9gVV 9VV4Vg4VVV VVVVVVVVVV9 VV V4 (~VVV'VVVVVODVVVV vvgvavvvavv vv I 40 AMALANCHIIER ALN~FOLIA - Serviceberry - 1 Gal containers DRAWN ~Y: YN VVV VVV VV9VV~VgVVVVVV7V7 9 VVVOCVVV~VVVVVVVP 9 ~+J VVVVV VVVC VVg9 9VVVV4VVVVVV VVVVVgV7QVDVVVVVR4VV VG I ~ 392 CORNUS 5TOLONIfERA -Red Twig Dogwood - 18 - 24" Bareroot 4 VVVV VVt DVV VVVVVVVVVVVVV VVVOgVVV9bVVV4VVVV9VVV VV I / ~ VV V V V 1 VVV V VVDVVVVV9VVVgVVVVVVVVVVV~VVVVV.q VV Vagg9qVV9VVVVOV 9V ~ ~I 40 PNYSOCARPUS CAPITATUS - Paatic Ninebark - 18 -24" Bareroot 2 vv 0V vv vv VV VVVVVVVVVVVVVVVVVVVgvVVV4gVVVVVV0~6V9VVVVVVVVVVV vv I I ~ O` G v v vvv v vvvvv avavvavvavvvvvovvvvvvvvvvvvvvvbvvvovvvvvvvvvvavv av F 332 SPIRAEA DOUGIASII -Coughs sp~raea - 1 - 2' Dareroo; ~f~ECKED BY: p~ F V VOV VVV VVVV VVVDVVVVVV4VVVVV9VVVVVVOVVVVgVVV4VVVVVVVV9VVVV9VV V V VV VVV 9VD7 VVVVV vvvvvvvovvvvvavvavyvvvvvvvvvvv p~pp,'f~~~v~r vvv VVVVVVVV9VV I ' + EMERGENT 9 V VOVVV VVVVV VVVV V9VVVVVVVVVbV V99VVV9V9VVVVVVVVVV9V4VVVVVV VVVVVV9VV V U VV VVVV VVVVVV OV V9VDVVVV9VVVVV9VVVV9VgVVVVpVDVV9VVVV9VVVVVVVVVVDVVV I I ~ ~ ~ REVISIONS: EG Q VVV' VVVV VV900VV V V'V9VVVV9VVgVVVVVVVVVVVVPVV VVVV.VVVVV9VV9VVVVVAVVVVVVVV ~ V VVVV V9VVVVV9 Vv V v}iVVVVVVVOV4V0gV9VDVgOgqVVVV4FqV7}YDVVV0VVV9C17VV I ~ ~ 555 BIDENS CERNUA - Nodding Beggartstick -Rooted div~s~en 1~ - 7VVVVVVV9DV•~1pVVV' VD 9VVVV VVV D~f^4NVVVVV47VVOOVgOV VVVVVVVVVVV fi VVVVV ~ U~G 9VVVVV9VVV9~"YPP~RyVV?P 4 V V VVVq VC 9VVV OV9VV V Vq0 VVVV9 VV VV VV9V_ VV0VV0VVVDVV~VVV~VV'V-GSL V9 VVV VVVV V V oq0 VVVV VVgV VVV VVV 4V I 555 CAREX ~ENTICULARIS -Shore Sedge - 8 " Plugs 12~01~95 ~ 690 CAREX OBNUPTA -Slough Sedge - 8oreroot VVVVV40VVV'VVVVV9VVVDVVV V q' VV ~ V9Vq VVV VV V i , ~ VVVVV + 690 ELEOCHARIS PALUSIRIS -Common Spike Rush Rhizomes 0 ~ I 5c 0 + IRON PIPE FOUND 555 JUNCUS EFFUSUS -Soft Rush -Rhizomes 1 I t ~ st wFsr .390 SAGITTARIA LATIFOL!A -Arrowhead or Wopoto -Tubers ~ G90 SCIRPUS MICRQCARPUS - Srnali Fruited Bullrush -Bare+oo. AN MH ~ I S RiM 127 ]2 ~I ~ 263 lYPNA LATIFCLIA -Common Gattad - Rhizomes I ~ ~E 109 33 (AS-BUll,1) • 1 y ~ f) ~ I A ,f W ~ f ~ I gl + Ai GRASs S 89 51 48 51 , 80 o ~ g~ PT -504 PROTIME UPLAND SEED MIX OR ECUAL PRUJEC~ IP~FORP~ATION r,. - Existing Grade ~ GAL D S RIFT' N ~ ~ ' ' ~F E C .0 11, l2 A'VD S. 1~2 OF LOT 13 ~ ~ SE 1 ~4 SEC 12, r ~S, R.11'd , W.M, . , NOTES DRAWING TITLE: Winter Water Level 125'+ - ~ f'ROP05ED GRAD£ ~ USED GRADE ~ _ _ _ _ _ _ WETLANDS PLAN / it . ~ 1, WA'ER QUALITY Ar~D USA BUFFER ARE NOT PRCPOSEO AS PART OF Q' ~ MITIGATION AREA ~ 2 SCNWING TOP OF WALL IS AEOVE THE FLOOD P;AiN ELEVATION AND PROTECTED FROM THE 100 YEAR FLOOD SHEET: Summer Water Level 122'+/ - New Channel 3. UPLAND ENHANCEMENT CGMMUNITY PLANT MATERIAL IS TO BE INTERPLANTF_D i i AMONGST THE EXISTING PLANT MATERIALS AS BEST FITS SUGGESTED GROUPINGS AND ON CENTER DISTANCES WILL VARY TO MEET SITE CONDITIONS -41 In WE-FLA NDS ENHANCEMENT SITE PLAN h Q u OF 1 SCALE 1 30 WETLANDS ENHANi q4ow ~WL 1 G ENHANCEMENT SECTION 2 ii ~LrWG r W ~ur~h+y. a+LG' VElillGtit.~SC" 4X HMZONN. MR CIAIIM WL1 JOB NO: 94041 ` 0