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Hearings Officer Packet - 08/24/1998CITY OF TIGARD Community Devehpment S&TingA Better Community CITY OF TIGARD HEARINGS OFFICER AUGUST 24,1998 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 COOK PARK BAND PAVILION & PICNIC SHELTER ADDITION Sensitive Lands Review (SLR) 98-0007 LOCATION: 7005 SW 92nd Avenue; WCTM 2S1 14D0, Tax Lot 00101. The subject parcel is located within the existing Cook Park, located north of the Tualatin River. PROPOSAL: The applicant has requested Sensitive Land Review approval to construct a band pavilion and picnic shelter in the Tualatin River floodway to add additional amenities to the existing Cook Park. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1-5 Dwelling Units Per Acre. ZONING DESIGNATION: Single-Family Residential - 7,500 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. The park is also designated as Open Space and has a Water Resources Overlay designation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.84 and 18.85. 2.2 FANNO CREEK TOWNHOMES SANITARY SEWER LINE Sensitive Lands Review (SLR) 98-0006 LOCATION: The site is located at the current northern end of SW 76th Avenue; WCTM 25111 CD, Tax Lot 00100. The proposed sewer line would extend into the approximate centerline of Fanno Creek in an area generally south of the Renaissance Subdivision and northeast of the Bond Park Subdivision. CITY OF TIGARD HEARING's OFFICER PAGE 2 OF 3 8/24/98 PUBLIC HEARING AGENDA • • PROPOSAL: The applicant has requested Sensitive Land Review approval to perform landform alterations and related construction work within wetlands, the 100-year floodplain and floodway in Fanno Creek to provide a sewer line connection of approximately 112 lineal feet to the existing 36-inch sanitary sewer trunkline in Fanno Creek. COMPREHENSIVE PLAN DESIGNATIONS: Medium Density Residential and Light Industrial. ZONING DESIGNATIONS: R-7; Residential. The R-7 Zoning District permits standard urban, medium density residential detached and attached residential home sites and related utilities; and I-P; Industrial Park. The I-P Zoning District permits light manufacturing, office and complementary commercial uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.60, 18.62, 18.64, 18.84, 18.85, 18.100 and 18.164. 2.3 KNEZ SECOND FREESTANDING SIGN Sign Code Exception (SCE) 98-0001 LOCATION: 8185 SW Hunziker Street; WCTM 2S101 BC, Tax Lots 00100 and 00101. PROPOSAL: The applicant has requested a Sign Code Exception to allow a second freestanding sign along the site's SW Hunziker Street frontage. COMPREHENSIVE PLAN DESIGNATION: Light Industrial; I-L. ZONING DESIGNATION: Light Industrial; I-L. The I-L Zoning District provides sites for light manufacturing and related services. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.70 and 18.114. 3. OTHER BUSINESS 4. ADJOURNMENT CITY OF TIGARD HEARING's OFF PAGE 3 OF 3 8/24/98 PUBLIC HEARING AGEND 1 0 CITY OF TIGARD HEARING'S OFFICER AUGUST 24,1998 - 7:00 P.M. TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD, OR 97223 c4nyone wishing to speak on an agenda item should sign on the appropriate sign-in sheet(s). PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer 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 Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above if you are requesting such services. (OVER FOR HEARING AGENDA ITEM(S) CITY OF TIGARD HEARING'S OFFICER PAGE 1 OF 3 8/24/98 PUBLIC HEARING AGENDA AGENDA ITEM NO. _2, / CITY OF TIGARD HEARINGS OFFICER CITY OF TIGARD Community oment 0 Shaping A Better ter Community Ca SIGN-IN SHEET NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORD THEIR ADDRESS ON THIS SNEET-[Please PRINT Le "ffl ] AGENDA ITEM 2.1 DATE OF HEARING: 8/24/98 Page _L of FILE NAME(S): COOK PARK BAND PAVILION AND PICNIC SHELTER CASE NUMBER(S): II SENSITIVE LANDS REVIEW (SLR) 98-0007 OWNER(S) City of Tigard APPLICANT(S): Same PROJECT LOCATION: II 17005 SW 92nd Avenue MAP(S) & TAX LOT(S) NO(S). WCTM 25111 BB, Tax Lot 01900 PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE - - PROPONENT (For the proposal) OPPONENT (Against the proposal) (Prim Name/Addressft a Affflletlon) [Prim Name/Address/Zip a Afifllatlon) Name: Name: Address: Address: Citv: State: Zip: Citv: State: Zip: Name: Name: Address: Address: Citv: State: Zip: Citv: State: Zip: Name: Name: Address: Address: Citv: State: Zip: Citv: State: Zip: Name: Name: Address: Address: Citv: State: Zip: Citv: State: Zip: h ApattAmasters\sig ninho. mst 0 0 COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON, OREGON 97075 Legal Notice Advertising City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. ❑ Duplicate Affidavit ~Tigard,Oregon 97223 Accounts Payable 0 AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I Kathv Snvder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTlaard-Tu 1_tin T~ mes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard 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: August 13,1998 Subscribed and sworn to b ore me thisL3tIl rl-aS' of___Auaust, 1998 S L k 9f-0007 Legal Notice TT 9 2 0 2 r OFFICIAL SEAL ROBIN A. BURGESS No Public for Oregon NOTARY PUBLIC-OREGON Idly Commission Expires: COMMISSION N0. 062071 Ryz t,•y~ MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIt The following will be considered by the Tigard Hearings Officer on Mon- day, August 24, 1998, at 7 P.M., at Tigard Civic Center - Town Hall, 13125 SW 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 i 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 SW Hall Boulevard, Tigard, Oregon 97223, or by calling (503) 639-4171. PUBLIC HEARING: SENSITIVE LANDS REVIEW [SLR] 98-0007 > COOK PARK BAND PAVILION AND PICNIC SHELTER < REQUEST: A request to construct a band pavilion and picnic shelter in two (2) separate areas of Cook Park. Both areas are located within the Tualatin River 110-year floodplain and floodway. The picnic shelter will have approximately 1,932 square feet of floor area under shelter. The band pavilion will have approximately 1,325 square feet of floor area and will also involve grading of an approximately 100 x 100 foot area to provide slope toward the stage. LOCATION: Cook Park, located north of the Tualatin River at 17005 SW 92nd Avenue; WCTM 2S114BO, Tax Lot 00101. ZONE: R-4.5; Residential, 4.5 units per acre. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.84 and 18.85. 1j L TT9202 - Publish August 13, 1998. 4.1 . . CITY OF TIGARD Community (Development ShapingA Better Community PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY. AALI ust 24. 1998, AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON-97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO: SENSITIVE LANDS REVIEW (SLR) 98-0007 FILE TITLE: COOK PARK BAND PAVILION AND PICNIC SHELTER APPLICANT: City of Tigard OWNER: Same Attention: John Roy 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: ➢ The applicant is requesting approval to construct a band pavilion and picnic shelter in two (2) separate areas of Cook Park. Both areas are located within the Tualatin River 100-year floodplain and floodway. The picnic shelter will have approximately 1,932 square feet of floor area under shelter. The band pavilion will have approximately 1,325 square feet of floor area and will also involve grading of an approximately 100 x 100 foot area to provide slope toward the stage. LOCATION: Cook Park, located north of the Tualatin River at 17005 SW 92nd Avenue. WTCM 2S1 14D0; Tax Lot 00101. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.84 and 18.85. ZONE: Single-Family Residential - 7,500 Square Feet Per Unit, 4.5 Units Per Acre: R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. The park is also designated as Open Space and has a water resources overlay designation. 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 SLR 98-0007 COOK PARK BAND PAVILION AND PICNIC SHELTER PROPOSAL (TDD - TELECOMMUNICATIONS DES FOR THE DEAF) NO LESS THAN WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. 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 Auaust 3. 1998 , 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. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). 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 AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST 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 TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. 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 JULIA POWELL HAJDUK. ASSOCIATE PLANNER AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. - - - . r4- _ VICINITY MAP Y- SLR 98 0001 - - Cook Park Band Pavilion & Picnic Shelter Addition is loa6nn~ _ d hnlian N Cityo(Tiynd raw+rr,.Mw w.rr we..ro.wrw wr. .Yw awirm~ SLR 98-0007 COOK PARK BAND PAVILION AND PICNIC SHELTER PROPOSAL L • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON In the matter of an application by the City of Tigard for ) FINAL ORDER sensitive lands review approval to construct a pavilion ) and a picnic shelter in the Tualatin River floodway ) SLR 98-007 in Cook Park in the City of Tigard, Oregon ) (Cook Park Pavilion ) 1. SUMMARY The applicant requests sensitive lands review approval to build a band pavillion and a picnic shelter within a Sensitive Lands area in the Tualatin River floodway in Cook Park. Hearings Officer Larry Epstein (the "hearings officer") held a duly noticed public hearing to review the application on August 24, 1998. City staff recommended approval. There was no other oral or written testimony. The hearings officer approves the sensitive lands review as provided herein. II. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section III of the City of Tigard Staff Reported dated August 17, 1998 (the "Staff Report"), and the findings about public facilities in Sections V and VI of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the Staff Report. IV. HEARING AND RECORD 1. The hearings officer received testimony at the public hearing about this application on August 24, 1998.. The record closed at the conclusion of the hearing. The testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Hearing Audio Tape), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. 2. At the hearing, city planner Julia Hajduk summarized the Staff Report and the applicable approval criteria. No one else appeared at the hearing. V. EVALUATION OF REQUEST City staff recommended approval of the sensitive lands review based on the findings in section IV of the Staff Report. No one disputed those findings. The hearings officer concludes the findings in section IV of the Staff Report accurately reflect the law and the facts. The hearings officer adopts and incorporates those findings as his own. VI. CONCLUSION AND DECISION 1. Based on the findings adopted and incorporated herein, the hearings officer concludes that the proposed sensitive lands review complies with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws. DATED„this 2nd day oof Wtember, 1998. 2. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected public agencies and testimony and exhibits received in this matter, the hearings officer hereby approves SLR 98-0007 (Cook Park Pavilion), subject to the conditions of approval in Section II of the Staff Report. Hearings Officer Final Order SLR 98-0007 (Cook Park Pavilion) Larry EpstVde C City of Tig gs Officer Page 2 0 0 "EXHIBIT A" PARTIES OF RECORD (Written Public Testimony received at the hearing) NONE RECEIVED 0 0 "EXHIBIT B" TAPED PROCEEDINGS (Verbal recording of hearing including public, staff and Hearings Officer communications.) ,_I NOTE: Tapes are located in the Records Vault, Planning Section. I 0 0 "EXHIBIT C" WRITTEN TESTIMONY (Applicant's materials and pertinent correspondence filed with Hearings Officer prior to Public Hearing.) • • Agenda Item: 2.1 Hearing Date: Auaust 24.1998 7:00 PM STAFF REPORT TO THE HEARING'S OFFICER CITY OFTIGARD Community Development FOR THE CITY OF TIGARD, OREGON ShapingA Better Community 120 DAYS = 11/7/98 SECTION I. APPLICATION SUMMARY CASE: FILE NAME: COOK PARK BAND PAVILION & PICNIC SHELTER Sensitive Lands Review SLR 98-0007 PROPOSAL: The applicant has requested Sensitive Land Review approval to construct a band pavilion and picnic shelter in the Tualatin River floodway to add additional amenities to the existing Cook Park. APPLICANT: City of Tigard OWNER: Same Attn: John Roy 13125 SW Hall Boulevard Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATIONS: Low Density Residential; 1-5 Dwelling Units Per Acre. ZONING DESIGNATIONS: Single-Family Residential - 7,500 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. The park is also designated as Open Space and has a Water Resources Overlay designation. LOCATION: 7005 SW 92nd Avenue; WCTM 2S1 14D0, Tax Lot 00101. The subject parcel is located within the existing Cook Park, located north of the Tualatin River. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.84 and 18.85. SECTION II. STAFF RECOMMENDATION The Planning Division recommends that the Hearing's Officer find that the proposed project 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. Therefore, staff recommends APPROVAL subject to the following recommended conditions of approval: 8/24/98 HEARINGS OFFICER STAFF REPORT SLR 98-0007 - COOK PK. BAND PAVILION & PICNIC SHELTER PAGE 1 OF 5 • • CONDITIONS OF APPROVAL PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: The applicant shall obtain a tree removal permit prior to removal of any trees that are located within Sensitive Lands Areas as required by Section 18.150.030 of the Tigard Development Code. STAFF CONTACT: Julia Powell Hajduk, Planning Division (639-4171 x 407). 2. The applicant shall provide verification from a wetland specialist that indicates the proposed picnic shelter is greater than 75 feet away from a wetland edge. STAFF CONTACT: Julia Powell Hajduk, Planning Division (639-4171 x 407). THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICERS' DECISION. SECTION III. BACKGROUND INFORMATION Site Historv: Cook park is owned by the City of Tigard. There have been many land use and building approvals for this site. Some of the more recent approvals include SLR 90-0007 for installation of play equipment, SLR 90-0008 for access improvements and SLR 92-0003 for road construction improvements. A master plan was approved by the City Council on June 10, 1997. The master plan shows the 2 structures proposed. City Operations Staff have been directed by the City Council to construct these 2 facilities at this time. Vicinitv Information: The proposed structures are located in Cook Park. Cook Park is designated as open space and located in the 100-year floodplain and floodway of the Tualatin River. The Tualatin River is south and east of Cook Park. To the west is property zoned R-4.5 also designated as open space and in the floodplain and floodway. To the north is single-family residential lots ranging in density from R-4.5 to R-12. Site Information and Proposal DescriDtion: The proposal is to construct 2 structures in the floodway. The first is a band pavilion located in the northern portion of the park, close to the cul-de-sac of SW 92nd Avenue. The second is a picnic shelter located in the southern portion of the park. Neither structure will be within any wetland areas. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: SENSITIVE LANDS: Section 18.84 contains regulations for lands within 100 year floodplain, wetlands and drainageways that are subject to Sensitive Lands Review. Sensitive Lands Review of proposed developments in these areas is intended to implement 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. 8/24/98 HEARINGS OFFICER STAFF REPORT SLR 98-0007 - COOK PK. BAND PAVILION & PICNIC SHELTER PAGE 2 OF 5 • • Floodolain: Section 18.84.040(A) states that the Hearings Officer shall approve or approve with conditions an application for landform alterations within the 100-year floodplain based upon findings that the applicable criteria have been satisfied. The 100-year floodplain and floodway is impacted by the proposed structure as shown within the application materials. The following findings are applicable to address impacts of this proposal on the 100-year floodplain and floodway: 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 provided documentation from KCM Engineering that shows the proposed structures will not have an effect on the Tualatin River Floodplain. KCM modified the Army Corps of Engineer's HEC-II model of the Tualatin River for the 100-year flood event. KCM added additional points to the cross section at river mile 9.84 (the location of the proposed structures). The cross section was then modified to include the structures. The water surface elevations did not change to the 1/100th of a foot. It is, therefore, concluded that, based on the documentation provided, the structures will result in a zero-foot rise of the floodway. 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 park is designated residential (R-4.5) on the Comprehensive Plan Map. The proposed structures and landform alterations, however, are for community recreation uses, therefore, this standard is satisfied. 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. As discussed previously, the structures will not result in an increase in the water surface elevation of the 100-year flood. 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. This standard is not applicable as the City already owns the property and it is utilized for park purposes. If and when a bike path is deemed necessary, the City will construct it in accordance with the process at that time. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. For the reason mentioned above, this standard is not applicable. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. 8/24/98 HEARINGS OFFICER STAFF REPORT SLR 98-0007 - COOK PK. BAND PAVILION & PICNIC SHELTER PAGE 3 OF 5 No permits are necessary as there are no wetlands involved. Letters from both the US Army Corps of Engineers and the Division of State Lands confirm that no permits are necessary for the proposed structures. 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 is publicly owned land that is already designated as open space, therefore, this standard has been satisfied. Water Resources Overlav: Section 18.85.030 defines the applicability of the Water Resources Overlay. Table 18.85(1) indicates that the Water Resources standard riparian setback from the Tualatin River and associated wetland is 75 feet. Based on the plans provided, the location of the picnic shelter scales out to approximately 150 feet from the Tualatin River indicating that the 75-foot setback is met. Staff does not have information, however, on the location of the top-of-bank or associated wetland edges. While confirmation was received that there were not wetlands within the area of the shelter, staff has not received indication that there are no wetlands within 75 feet. Staff is recommending that a condition be placed on this approval that prior to obtaining building permits, the applicant provide a detailed site plan showing that there are no wetlands within 75 feet of the proposed picnic shelter. Staff would accept a written verification from a wetland specialist stating that this was met. SECTION V. OTHER STAFF COMMENTS The Engineering Department, Utility Department, and Water Department have had an opportunity to review the proposal and have offered no comments or objections. SECTION VI. AGENCY COMMENTS The Oregon Division of State Lands, City of Tualatin, City of Durham, Oregon Department of Fish and Wildlife, US Army Corps of Engineers and Tualatin Valley Fire and Rescue have had an opportunity to review this proposal and offered no comments or objections. The Unified Sewerage Agency has reviewed the proposal and offered the following comments: FLOOD PLAIN: Site contains flood plain/flood way designations. Grading within the flood plain/way shall be done is such a manner as to preserve the flood storage and flood conveying area without effecting any upstream or downstream properties in accordance with R&O 96-44. 8/24/98 HEARINGS OFFICER STAFF REPORT SLR 98-0007 - COOK PK. BAND PAVILION & PICNIC SHELTER PAGE 4 OF 5 • • SENSITIVE AREA: A "Sensitive Area" exists. Developer must preserve a 25-foot corridor as described in R&O 96-44 separating the sensitive area from the impact of development. The sensitive area shall be identified on plans. Staff Note: The Sensitive Lands review process will insure that the above comments are addressed. A ` W "W,-- Auaust 17. 1998 PREPARED Julia Powell Ha(duk DATE Associate Planner r-( l1~ APPROVED BY: Richard Bete rff Planning Manager hcu rpl nyu I iak*98-07.doc Auaust 17. 1998 DATE 8/24/98 HEARINGS OFFICER STAFF REPORT SLR 98-0007 - COOK PK. BAND PAVILION & PICNIC SHELTER PAGE 5 OF 5 soccer f;gilds #Z #J AMY /tesJroo"' o, r cartlokV a 1 _ X 1 t i 1 1 --A-- COO , PARS (map is not to scaled F A A SITr EXH,gIT SAP BAND PAVtI{ON r- I ~E .~ti s y♦ ~C , , Y • yY. 40P I LT ER N Z ',r UA Q } o„ 1 w 0 V Z~ Z a Y+ ~1 V i ir- Q 1 r__ ,t CASE ' Picnic SbA Cook Park Pavilion SLR 98-0007 GLIRI" RD CITY of TIGARD GEOGRAPHIC INFORMATION aYETEM VICINITY MAP IN, (ommumtr DErelopmm Amrox. location of Band Pavilion Approx. location of PlCn c Shelter N I I 0 400 a00 1200 Feet 11. 798 test - - - - City of Tigard k tam dm on WE map Is for Omwal foea0on orty and Elmuld be vwUW with tha Development Servloea DMslom 13128 SW HER Blvd e Tipa4 OR 97223 (503) 8391171 http•!/wwwA Vgard.ar us Nt dm Jd IC 1991 t 4iNmec0l-apr SLR 98-0001 Cook Park Band Pavilion & Picnic Shelter Addition 41 DIVISION OF STATE LAND Waterway Project Permit Review Division of State Lands 775-Summer Street NE Salem, OR 97310 ^m 503-378-3805 503 378-4844 FAX Corps Public Notice No.: 98-776 Corps Coordinator: Jan Stuart Applicant: Jeff Danchok DATE: July 6,1998 State Project No.: RF-15449 DSL Coordinator: Bill Parks (ext. 234) Please return comments to the Division of State Lands by: July 27,1998 Anolication involves: ❑ Structure ❑ Willamette Greenway ❑ Essential Salmonid Habitat ■ Fill ■ Removal ❑ Riprap ❑ Coastal Zone ■ Wetlands O LWRMP ❑ Scenic Waterway O Water Quality Limited Stream for Notice of Permit Application The attached proposal has been received for work within the waters of the State of Oregon. If you wish to make written comment on the proposed project, please use this form or attach comments and return it to us. This form is a self- addressed mailer for your convenience. Please affix proper postage. A public hearing may be requested within 25 days from the date of this notice. If a public hearing is requested, the director of the Division of State Lands will decide whether a public hearing will be held based on the merits of the request and the level of public interest. THIS NOTICE IS NOT A PERMIT I have reviewed the attached information and offer the following comments: /fc A permit is required by this agency. O We do not believe the project would have an adverse effect. O We believe the effects of the project, although measurable, would be acceptable. ❑ We believe the project would be acceptable if methods of construction or design were altered as listed below O We would attend a conference with the applicant to seek project alternatives. O This project will adversely affect Threatened and Endangered Species. (please explain below.) O The project is unacceptable as proposed. (Please explain below.) ❑ We have no continent. CONUvMNTS: Aeenc,v- C) \\sa1em1\f0\f0M1SVCtte c-d I 5e~A~., -a o (Date ~V~J /"",A JOINT US Army Corps PERMIT APPLICATION FORM. of Engineers THIS APPLICATION WILL MEET THE REQUIREMENTS OF BOTH FjGEVCIES Portland District Corps Action ID Number c19 `7 Oregon;giv<sidn of State Lands Number SEND ONE SIGNED COPY OF YOUR APPLICATION TO EACH AGENCY District Engineer "'VISION OF STATE LANDS State of Oregon ATTN: CENPP-OP-GP ,q&Ej Division of State Lands P O Box 2946 VED 775 Summer Street NE Portland. OR 97208-2946 uurl 15 A C~ 3 Salem OR 97310 503-326-7730 503-378-3805 jcj S~ 1~G n c h o k tN r business phone (so3) &3 S - 70 00 ame ican App and Address 64-7S SW ~r n= f R d, home phone' S ~ 3~ Z 5 Z- 3 ZS 9 loom-14nd, OR 47 zZS FAXY ~503) 323- 308a O Co-Applicant Sf e_ ph e_. G • 14 a 1 , ID E, F~'L S " J business phone l ~So 3) Z r7i- S 3 S S i ® Authorized Agent L s.?J T{ c. JL~7c. O Contractor g 3 S s w c n y o L7 , stc 4-0 2- home phone „ Name and Address 1~o..+1ar d, oR 772. 2- _ FAX' (So-?) 29/_ JG 13 Property Owner business pnone (d dffererrt than appficcnt) home phone n Name and Address FAX 02 PROJECT LOCATION Street, Road or other descriptive location +ti 4 Legal Description. ,,e. Quarter 77A, e a s f t e-„ d o s S W 7 G Section Township Range ~Oy+f, o SW l)urha.--~ AJ. TGx Go+jOO ~ S - Z S ls U) l 2 We-7 /7-7 2 S / z ~t~ a;, . In or Near le r Town) County Tax Mcp Tax Lot r ~G~r~ Wos~~~~ 0n ZS 1 12.c r) /00 Waterway L;~ ` River Mile Lafitude Longitude / Is consent to enter property granted to the Corps and the Division of State Lands? ® Yes O No 0 PROPOSED PROJECT INFORMATION Activity Type: O Fill O Excavation (removap O In-Water Structure O Maintain/Repair an Existing Structure Brief Description: J•+ s -I - S~ .of 2 i'*~ H ~r a s G d Tt n x ^ 5 77- t I.-C Fill will involve cubic yards annuaily and/or cubic yards for the total project S cubic yards in a wetland or below the ordinary high water or high fide line Fill will be O Riprap O Rock O Gravel O Sand O Site O Clay O Organics O Other Fill Impact Area is Acres: length: width: deb Removal will involve cubic yards annually and/or cubic yards for the tonal project u cubic yards below the ordinary high water or high tide line Removal will be O Riprap O Rock /O C-ravel O sand O sill O clay O Organics O Other Removal Impact Area is Acres: length: width: depth Is the Disposal area: Upland? O Yes O No Wetlcnd / Waterway? O Yes O No Are you A, =re of cr:y Endongtrer, SGecies on the project z~:te? r_l Yes (9 No If Yes, please exp!ain in the project Are you aware of any Cultural Resources cr) the project site? O Yes ® No description (on pace 2 block 4). Is the project site near a Wild and Scenic River? O Yes ® No ® PROPOSED PROJECT PURPOSE & DESCRIPTION --Project Purpose and Need: G 1 S 54ifi4G~'7 G~-t¢ r""' e7~~ST.~~ Sr,•~i1<~7 j v ~r l~ 1; S u i c t a Lo f 5/c. b o~ i v i s i o-7 Project Description: LL/ l I ~o, /J e\~c i t 7 ~ f' Co 0 ~ r u 7 /c / i ~f C G y .4 / ~'I S TG I ~ O nI S G/~ ~ ~ a v y //Z Gam) ~Liru tvc,7L17 GvtG~. S~~ A-1J C_ ea~~ / D 2 /r~ c.~~o~es 4 ho~ 3 "r,~r ti1n o~ reer e bedclI~ir~5, /O (~i~G STS;/~ rr.il) de Sf~;)~)~e,d 7 0 /L'' c~eC1-4 71OC- IVQC~ a-74 b e e~ a c c~ a ! r t o . a r-7 i r, r f4 f l c ; o c~ e>I -H e,, $~ed/ ~S 5/ioL1n dh Al _V.. Dr.S~~c~ e)~ep+e c....-// l~2 C- Co!•-,~9 A' J ri•o h How many project drawing sheets are included with this application? 2 NOTE: A complete application must include drawings and a location map submitted on separate 8'/2X 11 sheets. Will any material, construction debris, runoff, etc. enter a wetland or waterway? O Yes ® No W- W C+~~wr•~ Gr!Q If yes, describe the type of discharge (above) and show the discharge location on the site plan. Estimated Start Date 7 -/S Ic Estimated Completion Date g /S- S 8 OS PROJECT IMPACTS AND ALTERNAras Describe alternative sites and project designs that were considered to avoid impacts to the waterway or wetland. e-7C r e-~l Gr S G H, f LQ l /i ~r a ~r o we-sf G C o S t 7t 4)e Lv -f- Z O O b u ` GAyQ/ Own f^ ~7alS Pee-, UyGoo~lei~~~V~ %h 4%/10 US +kc eC, Sc~ e4T fo Pe,- a/7 e, Describe what measures you will use (before and after construction) to minimise impacts to the wQte~r/way or wetland. I - C✓P-0-17 or- scrh/ye.~~Wlie-s of// - S q Y c e x r s 4-%~S 7Lop S c i f s f'~+ b e e~ /e e eel o Y e oPa r I~ u b eoP G r t a S n<See.c~ w}~, t,-•c~~oN~))Se//co< /+,iX w~ie-. fi.~iS~~d /~C! f' ~tS~..v~ epl 4rt4S p~Llr ~e s~^rsiisq ~ S~ao/~ NOTE: If necessary, use additional sheets. © ADDITIONAL INFORMATION Adjoining Property Owners and Th it Addresses and Phone Numbers 'rL Zoo - ~h%/lip S S~l~j- Chr;sFer~Sen,ISGBS 76#4 i9~c~f:S4~dioRi5~Zt4 so3)(vza-¢3<o7 T(, 300 A^y P4 7t,111, 1.5735 SW 7Gf~% AVc- (V-1 ?A'41 X) Ft-t•o0 T~ ¢qo - /44rveY k,74 uJS 1S7G0 SvY /7(f4.St.i, (se3)'G39-721 Se e A7fecA ed Has the proposed activity orb ny related activity received the attention of the Corps of Engineers or the State of Oregon in the past e.g.<wetland delineation) violation, permit lease request etc.? ® YES O NO If yes, what identification number(s) were assigned by the respective agencies: I Corps 4 State of Oregon# Cr', / COUNTY PLANNING DEPARTMENT AFFTDp►Vff (to be completed by local planning official) 0This project is not regulated by the local comprehensive plan'and zoning ordnance. OThis project has been reviewed and is consistent with the local comprehensive plan and zoning ordinance. 0 This project has been reviewed and is not consistent with the local comprehensive plan and zoning ordnance. •Q!Consisiency of this project with the local planning ordinance cannot be determined until the following local approval(s) are obtained: 0 Condfional Use Approval 0 Plan Amendment p Ozone Chance Sher S2n~S~1<~ vQ La-5 P&P-uI e.Y/) An application O has (D-has not been made for local approvals checked above. 4~oe-jxkr 4~f 14 0 VV Signature (of Iona! planning official) Title city / County `f Dale ® COASTAL ZONE CERTIFICATION If the proposed activity described in your permit cpplication is within the Oregon 1.71 zone, the following c ction is required before your appacaicn con be processed. A public notice wit be issued with the certification s.ctemerrtwh ic:h wit be forwarded to the Oregon Deportment of Lend Corservation and Development (DLCD) for its concurrence or objection. For cddtiond informetfon on the Oregon Coastal Zone Management Program contact the department at 1175 Cora Street NE. Salem. Oregon 97310 or call 503-373-0050. CEOMCA71ON STAMAENT 1 certifythct, to the best of my knowledge and belief, the proposed activity described in this application complies with the approved Oregon Coastal Zone Moncgernent Program and will be completed in a manner consistent with the program. 0 Development Permit Print/Type Name Trlle Applicant Signature SIGNATURE FOR JOINT APPLICATION Date (REQUIRED) Application is hereby made for the activities descrbed herein. I certify that I cm farnTicr with the information contained in the appficchm anxi to the best of r r knowledge grid beret, this information is true, complete, and accurate. I further certfify that 1 P--- the authority cnduding the necessary requisite property interests to undertake the proposed activities. I understand that the granting of other permits by load county, state or federal agencies does not. release me from the requirement of obtaining the permits requested before commenong the projeci. I understand that local permits may be required before the state removal-fill permit is weed. I unders:cnd that payrnert''of the r~ejq'u~ired state p....~ fee does not guarantee permit issuance. ael t- r (~a v-C 601,E Printfrype None (coCrpGccrrf) me AGPuccnr k C Pnccnn OEr e L I cerlfy`th/at I may act as the duly authorized agent of the applicant. 0A e- h Cn~in ear Nar.ne Au6.,,,:~, AgentSgncture 111,13199 ccce ® SUPPLEMENTAL WEI`6 ND IMPACT INFORMATION (FoR WEMMD Ftus Oran) Site Conditions of impact area ' impact area is O Ocean O Estuary O River O Lake O stream ® Freshwater Wetland Note:. Rtuadan Resource Replacement is required by sate law for projects involving intertidal or tidal marsh alterations. A separate Wetlands Resource Compensation Plan may be appended to the application. Has a wetland delineation been completed for this site? ® Yes O No - tf yes, by whom::. Describe the e)csting Physical and biological character of the wetland/waterway site by area and type of resource (use separate sheets and/r photos) if necessary) L Resource Replacement Witigation Describe measures to be taken to replace /Iunavoidably impacted wetland resources 1'eSiS-~ G/i'g.,.~e.77~ r~ 4~Qi'J e,c•'s~,;.p ~-r«S T~~ S.,• I 7 i~c cS ° \ S~Xe Gn~l 12- O / / C- So'~ ~SJ Pe.toriy wor r»~gl IS ~r,i,;ti e.c./1hP's ry•' I 4 S i~e S HO v<~/o 7- Sorrc o f c /Jc..c ~'~s+,d )~~G r! T Because this information is not necessary for a complete application, you may submit this sheet and other environmental 'tinforrnation after submitting your application. 0 L 0 0 r X v Y O O O .i+ r n a-Y. _ 7 'j- Wilsonville c , ber ° To s:.ems _ Nex 9X~___ o icNimrNRe To Sven ^~yr••-•• r.ni• . a ~.•.i.a u- t 9 .n{ H~ \'.,s. i r~ Ia4 ~ a•T + IMS ° E: A Z~ a 7 dQF'S ~a rr . ~ w-sm L'I ~ , 9]00 . cY UlW m^ t r y g nC9S'M.' Mi0 Sri ~gf n.-tctc^; sE ~ Ni I1 Icoc° 10 i• ~ }i s' sui „ w \1 S~ p uwi GOA C; / v ua 1. 5++e"°a=Cr SV SAT CA SW KABLE law I ll Isc rZr U s S; ' •t ~ rd 1_1_ ~r'.[F t_ cGtatERf ~ .3-:'~ E ;f % f: Irao; Wtp = y r'~ •IS'r~o - ,f.'n.t_ ♦ J._i~C 1 iy e(Vr Vt STIR a rxry~t_ S2 ' - P4AK a F,ErT, x s Ewz iz; tt I ' 8 nrT-~r, Tit HA n~ to G7~ C..r.C 4.«~-1. 4rG _ ,Cog u- /s W - ouQil r ~Carvcr r YL A1~1 'L~J Y a~'s ~pc D `vyr.0 C:.•er Oi..tee I,,3mars ~ V:ux.::al T1roua-R Reuter c H x*:co ant Routes Sheets -0 Reaei 4•kaSe :et•~een rcc do's ve-- - ^ The H.N11. Gousha Co. L ==7 e: Vii) T v•.~ ~•M:.OR(;:C, "4.7:.x: :Y:...: Si. SF. !FCI J.3 t V, I Ai; 4 Lul 9":"CA_ IIS' , 1- alt ~ t U14:tCi i n: ri , ~•'(?~1I.aT1.Y it - i, j'' ^ - - 'f••'::rx•+~i++-~ S RD .I: • a+ . r ~.yv c Q 'v S' I ; s. r: T1L'.t?:?iJ Q tr~::_'.:I ~ r..~ 1• I a»0 r_ ~~cnchcf~ IT J~ro~cLT' to GC.7-ion C1S65 Q~^~ - (3cc~Jarfo^,O1Z f ( - , I,r u..v-. .w YQ NY' WII.r-r,a. u. I...I v .w, - - - compost,'o. ether soil amendment should be added to the lop 46' of the facility prior to T # planting. I • Seeding rates and mixtures will vary according to fight, soil, and water regime present at a . glven site. Apply by hydroseed, hand broadcast, or standard piantin,q, as appropriate. , Vame: USAWQDFaallhiesMIX-Moist aaf;c► area (r" ;X A 'ondition: Moist /Transition Areas between wet and dry/ Sun to Shads Name: USA WQD Facllftles MIX- Wet W e fps n d area C/~7i X j3 Seed Piacenient/MIX Rate Condition: Standing Water to Moist/ Frequently Wet Zone I Anaerobic soil$ I Sun Slue wW" (Eymus glaucus) 30•/, mix, shade, on slope a Ibs PLS I acre lative Callfomla brume (Bmmu4 cartnatus) 35% mfx, sun, on elope 10 Ibs PLS / acre Seed' Placement / Mix Rate" Aeadow Bedey (Hordsum brachyantherum) 35% mbc, sun, an slope 13 lbs PLS I acre Western manna-grass (Olycerla oceldenuNs) 40% in Mix, sun 8.8 Ibs PLS / acre )r lort7atrermolsramas I American sloughgmu (Backmannis ayzigachne) 40% In mix, sun 16 Ibs PLS I acre rutted halromss (Deschampsla cespftose) W% MIX, sun, flat slope 1.2 ma PLS / acre Baldc Rush (Juncos Baldcus) 1046 In mix, sun or shade 1.2 Ibs PLS / acre led fescue bunchgmss (Festuca rubra) 50% mix, sun, gat slope 10 Ibs PLS / ecre I Beaked aedge (Carex rostmto) 101% In mix, sun 7 Ibs PLS I acre W e +.14 r) CrY . ° "$et ✓r s 6~ Is ' r w~ (ri i X A To~~1o. w i,ef e. tFJ ` - _•~n,.~,f~ yV•tl.noll-Sead•' I I ~J . r,I.j • .nom.; X t3 I n.J - ~ • I /r for I a~no C✓•eik ]o, .,fr,~v FEMA 100 YEAR F4000'.. • V = Cr•rti.3 r L•~d+►ra Cosc +cS~b 97-eOPLAIN ELEVATION EL. 132)' I r ( C i1y o TigaP41 I _ I I 1 ~ ( f n I Fa n.► o Cr s a~ T r..» 1, v Wef 1,4 nbl" I I I I jounplgrt" ( J I f o~ Z . Sea, 1>a}:w,I b,wiq~+ d J9.18• I I .I . . I . . . ``J . . • I . .f . . C )p d ~ 6A 'r c7 a t '51P' s - - ht .I an~ r•:pfaiarJ'. /Ve's.~fl. a ' CMdVe =vd FCe w . . . . . . . . . . . . . . ~ r . . q T . . . . . . . . . . . . . . . . ' 1 1 I I ' 1~ (j(1< S.ed all e1:t~urbLdys.;lt ` B•pk N'~~ p I u ? W. F ~ ~ ~ -Et~c5S "3=- CLASS "A" 1 h t~N~j,^ [ . a♦ p 93tip ~O p~ A3 33 3lesPTD lop sal •S SO • --<.I 3~ NOnNO ofu r 3V3/At[ n[3TORA710N olN TA[Np1 10 .lloM . • / r! inB~L•~~1 / V ,~7yl N~ <L••~ . / tP[EInCO rw ulMNt.NI _19 Y. re : 132j 3TNV Nn. or 12 or TOP SOL Am sTOar Pnl to eE a[PlAUO C>F is r~n,y L-. _ ..___•~~;-i'_•._. ZuNa3TVeeco Pio I r ' ' I 0CAArN [o 2caNPAOT[e ~NAnH[ EA3M-Z • • • • • • • s'9{/` _ 3/4• D CAVS. D NAtdtul aooc~- Z t; ter-, _ , {'y SANIZ6y • SiWo LINE 10W11 ,1 . . . . . . . . . . . a0 +/3 Prof O.D. e '00, o nus to Plus 3' 1Od'(4'iP' `P ,a°d (Tip . . .`o 'o 4''0' e'• %{t'o• - I The subsoil of the facility _6u' ld be de-compacted. Native topsoll (free of weed species). compost, or other soli amendment should be added to the top 46• of the faculty prior to I PIP[ 0.0. PLUS P uw, FOR vac 3NAllta THAN l3• planting. I PIPE 0.0. PLUS E• YIN, FOR PIPE te' AND LAAOCa Seeding rates and mixtures will vary according to light, soil, and water regime present at a given site. Apply by hydroseed, hand broadcast, or standard planting, as appropriate. Name: USA'WQi)FacilitlesMix-Wet WeHga d urea 6;1;x Q) Condition: Standing Water to Moist / Frequently Wet Zone / Anaerobic soils / Sun TRENCH BACKFILL DETAILS NO. 0200-CHS Seed Western manna-grass (Olyceda oceidentalls) Amedcan sloughgrass (Beckmann]$ syzigachne) Baltic Rush (Juncus Baltlcus) Beaked sedge (Carex rostrata) Placement I Mix Rate* 40% In mix, sun 6.8 Me PLS / acre 401/6 In mix, sun 16 Ibs PLS / acre 10% In mix, sun or shade 1-2 Ibs PLS / acre 10% in mix, sun 7 lbs PLS / acre 3+00 t+:0 2+00 I+:O ~ I L T- 11r I. . f_4h,hu ~'}aa.ra, /oww ~ut•eJ 4t -1 oa I I m ry i I+00 0+:0 Poi s 0 L o+ot; ~HJ1wcucavY~,•y MFAS7Web" Pr9perty tall I ~ NO • - • ~ I " FASTNav (Go To) Property Information Ovrner(s) Patton Kent D & Amy Sager Parcel :-'l,_IS-1-12CD-00300-001 Property . 15735 76th Ave Map Cooed 2S-1-12CD _ :!Tigard, OR 97224 Census Tract 308.02 Mailing Addr .:15735 Sw 76th Ave Courity _ ;'_Washington Tigard OR 97224 Owner Phone Legal. ='j ACRES 1.88 Characteristics Use:' :-;:=;VacantLand (nec) )WBuHC,-=-1920 Sq Feet_f1666 I 2omng ; 4TIG Lot Size A1.88 #;of Aits Bedrooms 3 Bathrooms. 2 Freplace #Rooms Quality Heating Forced Air PooUSpa Air " St, Stories'. improvements Parking : Detached Garage Flood Attributes CONT. FOOTING FOUNDATION; GABLE ROOF TYPE; WOOD EXTE Property Sale Information S5I6Date_;:=0628/90 = FL - .'$0.00 2nd Mtg ° y Sale Price $150,000 1st Loan = Pride Sale AmL: $71,250 DoG No Loan Type " Pnor Sale Dt 08/01,78 1 Doc Type Warranty Deed Xfer,Date . . 06/29190 Prior Doc No.,. : r e, Prior Doc T Tax Information Imp;Value:;;=;''";$70,940 Ez'emption Land Value _$179,250 Tax Year/Area = 1997 / 023.74 Total Value . ; $2501190 Tax_ Value $250,190 ' ' Taz Amt ' :$3,406.31 ov6 d Information deemed reliable but not guaranteed. Experian-Updated through 0327/1998 Property Detail Comparable Sales Neiqhbors Tax Map Street Mao Area Services Demographics School Information New Search landtech 6/11/98 at 2:44pm PST 01998 The First American Financial Corporation of 1 6/11/98 3:16 PM i J FAS7WW Property Detoll 1 ' FASTNav (Go To) j. j Property Information Owner(s) Christensen Phillip E & Sally C Parcel # .-2S-1-12CD-00200-001 Property 15685 76th Ave Map Coord y 4 2S-1-12CD ` Tgard, OR 97224 Census Tract :308.02 Mailing Addr. ;15685 Sw 76th Ave County - Washington ;Tigard OR 97224 Owner Phone= _503/620-4367 Legal :_:y DURHAM ACRES, LOT 15, ACRES 1.88 Characteristics Use Vacant Land (nec) Year.Buik ' =="1948. Si Feet 1448 Zoning _ 4T1G Lot S¢e _ A1.88 # of rinits* Bedrobns2 Bathrooms _"':1 Fireplace #Rooins = Quali, t y Heati ng =Wall Fumace P.tyl Stones Improvements Parkin g :Detached Garage Flood Attributes;STEM WALL FOUNDATION; HIP ROOF TYPE; WOOD EXTERIOR; Property Sale Information Sale Date 08/01/88 $!Sq Ft. ' :$0.00 26d Mtg - Sale Pnce $95,000 1st Loan y Pnor Sale Amt` Doc No` Loan Type . PriorSale:Dt.= 1 Doc Type Xfer Date Pnor::Doc No Seller:.~.= Lender> Fnorpoc Type Tax Information Imp'Value $73,180 Land.Value ::4145,130 Total.Value , : _ .$218,310 Tax Amt . $2,97228 Exemption _ -T 'Year/Area =1997 / 023.74 Taz Value=':.:'';$218,310 Improved Information deemed reliable but not guaranteed. Experian-Updated through 03/27/1998 Property Detail Comparable Sates Neiqhbors Tax Map Street Map Area Services Demoqraphics School Information New Search landtech 6111/98 at 2:43pm PST 01998 The First American Financial Corporation of 1 6/11/98 3:15 PM 1•nJt v. ~.v...vl.....J uuy.iv acua....va.a..o.....v.........,....v.......ur~l....vl..ww.a.wr...... a....awa..ut171 • ' • " FASTNav (Go To) " Property Information Owner(s)..; :'"Knauss Harvey L Parcel.t .~-2S-1-12CD-00400-001 Propeity ` .15760 76th Ave Map Coord 2S-1-12CD +Tigard, OR 97224 dens:- us .308.02 Mailing Addr =:14383 Sw Mcfarland Blvd County L' Washington Tigard OR 97224 Ownef Phone 503!639-3264 Legal DURHAM ACRES, LOT 9 & PT 8, ACRES 2.13 Characteristics Use ~t? Vacant Land (nec) Year Bur1t1948 Sq Feet 2027 j ning 4TIG 2o Lot Srze - ?A213 of units s 2 Bathrooms 1 Fireplace #Roons Quality Heating ' Forced Air PooUSpa , Air. ` Style Stones ` Improvements, Parking :'.Detached Garage Flood ' Attributes' CONT. FOOTING FOUNDATION; HIP ROOF TYPE; WOOD EXTERI Property Sale Information Sale Date 08/01/69 a/Sq FLT `$0.00 21fd.Mtg Sale Pnce 1st Loan Prior Sale Amt' Doc No .'754344 Loan Type Prior Sale ,Dt 08/01/69 Doc Type Xfer Date Prior Doc No. Seller : Lender Prior Doc Type Tax Information Imp Value *'"':$64,610 Exemption Land Value - ;$195,500 Tax YeaNArea 1997 / 023.74 Total Value $260,110 Tax Value $260,110 Tax Amt ::$3,541.38 Improved 25% Information deemed reliable but not guaranteed. Experian-Updated through 03/2711998 Property Detail Comparable Sales Neighbors Tax Map Street Map Area Services Demographics School Information New Search landtech 6111/98 at 2:45pm PST 01998 The First American Financial Corporation I of 1 6/11/98 3:17 PM i WASMW Props Detail - ,Wr • I " FASTNav (Go To) " I T Property Information Owner(s) : Sun Lei parcel # . 2S-1-12CA-12500-001 Zhang U Property 15603 76th Ave Map Coord ; 2S-1-12CA Tigard, OR 97224 Census Tract 308.02 Mailing Addr 15603 Sw 76th Ave County Washington Tigard OR 97224 Owner Phone Legal ' . _ . RENAISSANCE WOODS NO2, LOT 49, ACRES 21 Characteristics Use "Sfr Year Built 1992 Sq Feet 2777 Zoning DMTG Lot Siie A0.21 # of units Bedr6oms4 Bathrooms 3 Fireplace 1 j #Rooms Quality Heating Forced Air PooUSpa Air Style. Stories Improvements Parking Basement Flood Attributes CONT. FOOTING FOUNDATION; GABLE ROOF TYPE; WOOD EXTE Property Sale Information Sale Date-'. 02/23/93 $/Sy. Ft $0.00 2nd Mtg. j Sale Price $198,000 1st Loan': . Prior Sale Amt Doc No. ` . Loan Type Prior Sale DL ! ' Doc Type Warranty Deed Xfer Date _ 02/26193 Prior Doc No . Seller _ . Lender . Prior Doc T.ype Tax Information Imp Value $176,510 Exemption Homeowner Land Value S52,250 Tai YeadArea .1997 / 023.74 i Total Value $228,760 Tax-Value $228,760 Tam Amt $3,114.53 Improved 77% Information deemed reliable but not guaranteed. Experian-Updated through 03/27/1998 Property Detail Comparable Sales Neighbors Tax Map Street Map Area Services Demographics School Information New Search landtech 6/11/98 at 2:47pm PST 01998 The First American Financial Corporation 0 IF 1 6111198 3:19 PM HJt tVCU CfV~Cfly i~ciu~i 11LLP://tdSLWC1J I.ia--.«1cu.11cu~w...~...Auk/ }IIriVFJLlclai1.aalJ;I i-ALr%%-i'1iv&I'DjrjQ ' ' • , ~ I FASTNav (Go To) Property Information Owner(s) Collins Calvin W & Nadia R Parcel # 2S-1-12CA-12600-001 1 i Property' 15617 76th Ave Map Coord ; 2S-1-12CA _ Tigard. OR 97224 Census Tract 308.02 Mailing Addr. 15617 Sw 76th Ave County Washington Tigard OR 97224 Owner Phone 50316845873 Legal RENAISSANCE WOODS N O.2, LOT 50, ACRES .18 Characteristics Use Sfr . Year Built - - 1992 Sq' Feet '2886 Zoning DMTG Lot Size A0.18 # of units Bedrooms 4 Bathrooms 3 Fireplace 1 #Rooms Quality Heating Forced Air Pool/Spa Air:., Style Stories Improvements Parking Basement Flood Attributes CONT. FOOTING FOUNDATION; GABLE ROOF TYPE; WOOD EXTE Property Sale Information Sale Date 11110/92 $/Sq. FL $0.00 2nd Mtg.' Sale Price $213,767 1st Loan Prior Sale Amt i Doc No. Loan Type Prior Sale Dt. Doc Type Warranty Deed Xfer Date 11/16/92 Prior Doc No. Seller Lender. Prior.Doc Type `Tax Information i Imp Value- $195,480 Exemption Homeowner i Land Value $52,250 Tax Yeas/Area 1997 /023.74 Total Value $247,730 Tax Value $247,730 Tax Amt $3,372.82 Improved 79% Information deemed reliable but not guaranteed. Experian-Updated through 03/27/1998 Property Detail Comparable Sales Neighbors Tax Map Street Map Area Services Demoqraphics School Information New Search landtech 6111198 at 2:48pm PST @1998 The First American Financial Corporation 1 of 1 6/11/93 3:19 PM HJ t rr vv a 1 vra.l a~ ✓vwu ~ uul/r~a•ua..wa.aaua..a.v.a..... -•...nuYiYaaavYarvwaa..•.~y:aa~-aaA\.a..!_:L1~►lV . Detall MrAS7V11W Pprty 11 • j - FASTNav (Go To) "r M • Property Information Owner(s) Hansen Glenn M & Brenda L Parcel # * 2S-1-12CA-1270"01 Property 15622 761h Ave Map Coord ; 2S-1-12CA Tigard, OR 97224 Census Tract `,308.02 Marling Addr .15622 Sw 76th Ave County Washington Tigard OR 97224 Owner'Phone„ Legal -w_RENAISSANCE WOODS NO2, LOT 51, ACRES.14 Characteristics Use Sfr Year Bwlt 1993 Sq: Feet 2786 Zoning 'i_DMTG LofS¢e A0.14 # of units Bedrooms3 Bath'rooh.is:; 3 Fireplace``1 Rooms = ; Quality a Heati ng `:Forced Air Pool/Spa : Aic Stylg. Stories; lmprovernents Parking arage Flood Attributes CONT. FOOTING FOUNDATION; HIP ROOF TYPE; WOOD EXTERI Property Sale Information Sale Dated"."_-07!19193 $/Sg Ft__,_47i::$0.00 2na Mtg.. Sale Price $236,000 14 Loan::;::. SaleAmC t?rio Doc No , L65'T Ype y Pnor.Sale Dt. *.iype 'Warranty Deed Type ;Warranty Deed Xfer;Date : c.07/23!93 .Prior Doc No.;-}; Seller - Leridery Prior: Doc Typet Tax Information Imp.Value ??_~_<$204,720 Land Value:;::-::}554,860 Total Value $259,580 Taz Amt x$3,534.17 Eicemptiori_!: _ Homeowner Taz:YeaNArea :-1997 J 023.74 Tax.Value'... `:_.;:::$259,580 Improved Information deemed reliable but not guaranteed. Expedan-Updated through 0327/1998 Property Detail Comparable Sales Neiqhbors Tax Mao Street Map Area Services Demographics School Information New Search landtech 6/11/98 at 2:48pm PST 01998 The First American Financial Corporation if 1 6111/98 320 PM 1.AJ t ..v a avr.. ~ u.arar.w . .....................'~~..~,;ytr .....w..p. t.u ...t..~.. ~..«...i....,.. r...a.uuJ C NFA371NW p Detail wo: FASTNav (Go To) " M. i Property Information Owner(s~ -Tigard City Of Property `Tigard, OR Marling Addr 13125 Sw Hall Blvd :Tigard OR 97223 Parcel# L t - 2S4_12CA-13400-001 Map Coord 2S-1-12CA Census Tract 308.01 County - Washington Owner Phone i RENAISSANCE WOODS NO.2, TRACT D (GREENWAI), ACRES 1.40, NON-ASSESSABLE Characteristics j Uses Municipal Property Year Built Sq, Feet J j Zoning Lot Size A1.40 # of units: i Bedrooms Bathrooms Fireplace #Roorris Quality Heating PooUSpa' Arr Style _ Stones Improvements Parking • Property Sale Information Safe Dates ; S1Sq Ft. - -$0.00 20d Mtg Sale Price st Loan Pnoi Sate. Amt, j Doc No 't _ Loan Type Prior Safe DL Doc Type ` ` Xfer Date Prior Doc No ' . I Seller, ~ , Lender. Prior Doc~Type ; j M Tax Information Imp Value.; r Exemption, 'IR_ Land Yalue W TazYear/Area :=::1997 / 023.74 Total Value Tax Value Improved Information deemed reliable but not guaranteed. Experian-Updated through 03/27/1998 Property Detail Comparable Sales Neiqhbors Tax Map Street Map Area Services Demoqraphics School Information New Search landtech 6111198 at 2:49pm PST 01998 The First American Financial Corporation of 1 6/11/98 3:21 PM i AFA37WeE>~" #a~ ' - ' I " FASTNav (Go To) " I. Property Information Owner(s) .-;Castile James/audrey Parcel tt ; 2S-1-12DC 01500-001 Esau Ema E Property 415715 74th Ave Map Coord 2S-1-12DC Tgard, OR 97224 Census Tract 308.02 Mailing Addr :8100 Sw Durham Rd Coun shington ty _._:.:.....:_._Tigani OR 97224 Owner Pho Legal _FANNO CREEK ACRE TRACTS, LOT PTS 3.6, ACRES 4.65 I Characteristics Use -'Industrial(nec) Yearl3uilt' Sq _Feef" i Zoning YI5 Lot S¢e A4.65 of units Bedrooms Bathrooms Fireplace` #Rooms = eating Quah : H pa'.. Style Stones : Improvenierrts : Parking Flood `Property Sale Information Sale Date ,:09/05/96 'S/Sq Ft F $0.00 2nd,Mtg Sale Pnc $400,000 1st Loan Prio~;Sale Amt Doc No = Loan Type`: Pnor Sale Dt ~I Doc Type xfer Date Prior Doc No s Seller is . Lender.. : = PriorDOc Type, Tax Information Iirip=Value ';_;'-:'$6,900 Exemption Land Value $180,170 Tax-YeaHArea 1997 / 023.74 Total Value,.: ;;=:$187,070 Taz Value =!$187,070 Tax Amt.'. $2,546.94 Improved 4% Information deemed reliable but not guaranteed. Experian-Updated through 0327/1998 Property Detail Comparable Sales Neiqhbors Tax Map Street Map Area Services Demographics School Information New Search landtech 6/11/98 at 3:04pm PST 01998 The First American Financial Corporation )f 1 6/11/98 3:36 PM . 1• r.. .r .a..I nl fl n.nl. W 1 ILbU WASHINGTON COUNTY OREGON SCAT[ 1'•100' SC[ WP IS I I7CA = ( 1l•• T , !L N^ 1 .•M 1100 [GGG 001 ; 1 - w< 1RAa { •PI~• we < :rLrl t a FAIrNrN [ i 13 A~ Qom! i 1[01 S / 7 ,ACT • r ' 4100 4700 7 1101 U 700 t1 1/ M w Mi y AC i IY< Vj< 0.. 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TIGAFD 2S 1 12CD n..+n.nvle.. 0116116 vnevvn aCALt 1'•100' act MAP to , late Stt MY at It= act blip l tall 10 i 1 ■ + w+.• + lm 900 1000 1100 1 too 0 1600 s wlw 1 . l loo M~ J I j t! a 4 l s l f~ : j //14. O g N 7 E W :n' S 7• x Q 13M as - C~y • • ~ .t. a _ S.W. DURHAM { .",tt . w/pm j aoo !o 1600 30 111 Y7 O O, D• S L ...w ..mow. v 1661 9 Mo - am tn0 low ~ n m0 4rsoo ~ • J0r u n ' 0160 G) aw ,,Q,.'p°~ 1900 ` [t 1 o "rA C R E !S so! • am . s w n 4 1194 44 ' C r /loo Imo /soo 00 N ' 14 1o is O 0 'ta n a a 6100 V f { C t atoo ` am 16 -74 two LANEf • 1 It -.[a•~., flpp sioo t! +.00 ti00 11900 CS 610[0 " I♦~0 $600 Iloo N 9900 N u } to it 1 to } < { n 1 u Woo sit Mu :i II p i tl m M ; t N • MI It . :000 ` t` to l ttto eo (saoq t t clBW.a ASHFORD viol M am 1650 F y~ t t9 wloo 10:00 10400 gloo 10100 10700 r'p 9/ao . 9 a 11 Tppp j AA!! atoo ! at ; to m it L j ss ~ll' a • 4 I Q t „oN t t4, y f 1MU ;'M; ' rZ E N LA I S S A N C i4 136100 i3 "oo /1~"L oo M9ao 16400 usao 0:00 moo 16000 'tA rioo 6100 '400 I wmo colt ASSESSMENT k00 K t7 b 174a K 41 40 N Y 97 K , S! j ewo 0q 0 NOfi1 OMIT rustr 000 ! 1 Q O O 1 4 t NOT eta 11 r ~ i[ S, w 610 0 a roll ANY O7MU uSl g,W. j N t ASHFORD $tR it ov ~~~lIOO a- loon 4900 am 4t 0001 `sto0 TIZO 61"00 61"00 14,00 :too tooo! `•c + $too I poo t p t qit 4 4 a 1 1 d►r.' 1 i ! 1 t 1 1 t a s 1 i t i r Q W K- ttioo` too tst -1 atoo {ten': 4= tJ,m _~tt0o ' 41 1 4/ .2 x rA ulco oto"o ufoo~w ► y~ 3 jggt2' 044 r1r 4-~A w KC 114, tf IttSL 55 0. L 1 2t . ' TRACT *Cr ,ANCE N0.2 TIGARD 2S I 12CA 40 C ~ Y -11 -.Wm SCALE V- K)0' a (•~S.W. KABLE LANE 1•am~,• too ~ US YAP Alt" 1 I A it 1 -Ot + 100•YI i 10 0 •111.. pO.Y I ~r , EE MAP is 1 ttcA 1401 • ~N lI = i 2 .rua Z Vl ~ I , W O m ~ nu~ ij d i iQ i a 000 ua 1 I , 10 , s// ~ - - a SOUTHERN PAC1J= 1C - - TIGARD INDLSTRIAl PARK 0 ~ ,FAN NO CREE}Ca t I I ;g ! [ ~ OL III ' r f- /ACR E TR ACTS l I~11 I I f[[YAP l~-- C I ( / QC" (rc 1 1200 U I °m 1 23-74 ISLA as ~ - :fls 17 u [if o o • a d.a. 0 COI C 000 w~»+•_---__ M ■y 1.f [ arll•. !a , L J !01•YI ~ 1y ----t--~- 3 ...rr~ i i rol moo P r vi I 'Z efr ! [3 area + i M 1 \ CA.aYM -00 - 1100 F . ~ .l.aa ♦r,a 1 ~ Al crr.u» try liSte, . i r6_- alwlnu MAP 1 t!SU f0C Uf[ffYIMT NOpf[I ONLY • 0oX11[woYfait &WOlin TIGARD / I 2S 112DC s COE No. n - -7 DSL No. Rr - WATER QUALITY 401 CERTIFICATION Public Notice oreo DEPARTMENT OF ENVIRONMENTAL QUALITY Notice lssued: 7-4 -7;Y WHO IS THE APPLICANT: See the attached Department of State Lands (DSL) and or Corps of Engineers (COE) permit application. WHAT IS PROPOSED: See the attached DSL and or COE permit application on the proposed project. DESCRIPTION OF DISCHARGES: See the attached DSL and or COE permit for details. NEED FOR CERTIFICATION: Under Section 401 of the Clean Water Act, any activity that requires a federal permit or license requires certification from the State that any discharge will meet the requirements of the Clean Water Act and State water quality standards. PUBLIC PARTICIPATION: Written-comments must be received by 5 p.m. no later than thirty days from the notice issued date at the Oregon Department of Environmental Quality, Water Quality Division, 811 S.W. 6th Ave., Portland, Oregon 97204 to be included in the official record. Public comments should specifically include new data addressing how the project would affect requirements of the Clean Water Act and Oregon water quality standards. The applicant, any affected state, or any interested agency, person or group of persons, may request a public hearing with respect to this certification application. If the Director determines new data would be produced, a public hearing will be held prior to the director's final determination. There shall be notification of such a hearing. HOW TO GET ADDITIONAL INFORMATION: The application and related documents are available for inspection during the public comment period, Monday through Friday, between 9:00 am to noon and 1:00 pm to 4:00 pm at DEQ's Portland office. Please call in advance for an appointment 229-5279. People wishing to receive a copy of the DSL/COE application can call DEQ at (503) 229-5279 or toll free in Oregon at 1-800-452-4011. Public Records Act charges may apply. Persons with a hearing impairment can receive help by calling DEQ's TDD number at (503) 229-6993. WHAT HAPPENS NEXT: After the conclusion of the public participation period, the permit will be issued as proposed, issued with modifications, or denied, depending on comments received during the public participation process. Interested parties can request to be notified of the final determination by writing or calling the Department at the above address. ACCESSIBILITY INFORMATION: This publication is available in alternate format (e.g. large print, braille) upon request. Please contact Ed Sale in DEQ Public Affairs at 229-5766 to request an alternate format. 0 se- DEC 1 811 Stw Sixth Avenue Portland, OR 97204-1390 (503) 229-5696 TDD (503) 229-6993 DEPARTMENT OF THE ARMY PORTLAND DISTRICT, CORPS OF ENGINEERS _ pI P.O. BOX 294662 PORTLAJUlle~GOI~ytS 208 2946 Reply to J Attention of: Construction-Operations Division SUBJECT: Nationwide Permit Verification Case No: 98-776 Jeff Danchok 8475 SW. Ernst Road Portland, Oregon 97225 Dear Mr. Danchok: SL 4 1-000 ~ This is your Department of the Army authorization to install 112 linear feet of an 8" sanitary sewer line through a wetland adjacent to Fanno Creek near Tigard, Washington County, Oregon (Section 12 T2S/R1E). Fanno Creek is a water quality limited stream and requires that turbidity monitoring reports be submitted to Oregon Department of Environmental Quality (See Implementation Conditions #13 and #14). This letter verifies that your proposed activities as presented in your application (Enclosure 1) are authorized under the terms and limitations of Nationwide Permit Number 12, as described in Enclosure 2. Your activities must be conducted in accordance with the conditions presented in Enclosures 3 and 4. Failure to comply with any of the listed conditions will render your authorization invalid and could result in the assessment of civil penalties. Permits, where required, under Oregon's Removal/Fill Law, as well as other appropriate local authorizations, must also be obtained or your authorization will not be valid. This verification is valid until June 28, 2000, unless the nationwide permit expires, is modified, reissued, or revoked prior to that date. All the nationwide permits, except Nationwide Permit 26, are scheduled to be modified, reissued or revoked in February, 2002. Nationwide Permit 26 will expire on December 13, 1998. If you commence or are under contract to commence this activity before the date the nationwide permit expires, is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of the current nationwide permit. • -2- If you have any questions regarding our nationwide permit authority, please contact me at the above address or telephone (503) 808-4381. Sincerely, Enclosures Copies Furnished: ODEQ (Rosetta) ODSL (Parks - DSL No: RF-15449) DLCD CO-GP (Black) w/Application Land Tech, Inc. (Hale) w/Enclosures \ Jan S AA, h.D. O Project Manager Regulatory Branch JOINT OUN 1998 US Army Corps PERMIT /APPLICATION FORM Of Engineers THIS APPUCATION WILL MEET THE REQUIREMENTS OF BOTH AGENCIES Portland District Corps Action ID Number 6?9 QO 776 Oregon Division of State Lands Number SEND ONE SIGNED COPY OF YOUR APPLICATION TO EACH AGENCY District Engineer State of Oregon ATTN: CENPP-OP-GP Division of State Lands P O Box 2946 775 Summer Street NE Portland, OR 97208-2946 Salem OR 97310 503-326-7730 503-378-3805 S, V l- a n c h o k li tNa business phone # 03 G 3S-7000 me cCln App and Address 8 47 5 SW r n s f. 2~- home phone #(So3) Z 9 L-- 3 ZS 9 i OR 97 Z2-S )oor-~-land FAX# 0-0-3) 2,23- 30 so , O Co-Applicant Ste ph e- .41 14 a It , PG-, FL- S business phone # (So 3) 2-131- S 3 S 3 Authorized Agent L S hr~ Tt . O Contractor 0 J3 3 s S w e4 n y v r7 Gn.~ sic 4o Z home hone # p f S zc. Name and Address -:,o, 1-l a n d , O e 7 L FAX # (Sa3) L 9/- /1013 Property Owner business pnone ; home phone # (f different than applicant) FAX # Name and Address Q PROJECT LOCATION Street, Road or other descriptive location e - W 6+h A Legal Description Ran e w shi T ti S 7 , Quart er ~ ` 1E4 s if- - -n d o f s / 7 g p n o on ec /V o r l-~ o~ s vy 0 ci e b 2 A 41, TG y L o f/ o a S~ ) k S I L l Z Z S w LT-P"7 -2-S/ 12- c-D ou In or Near !ity r Town) County Tax Map # Tax Lot WGShir,e tvjj n 2-S I I Z Gl) 0 Waterway River Mile Latitude Longitude Is consent to enter property granted to the Corps and the Division of State Lands? 0 Yes 0 No PROPOSED PROJECT INFORMATIO N Activity Type: 0 Fill 0 Excavation (removal) 0 In-Water Structure 0 Maintain/Repair an Existing Structure Brief Description: J~ s to a -~r -~J '.t s4., a~ 2 ^eof / o/r Fill will involve cubic yards annually and/or cubic yards for the total project cubic yards in a wetland or below the ordinary high water or high tide line Fill will be 0 Riprap 0 Rock 0 Gravel 0 Sand 0 Silt 0 Clay 0 Organics 0 Other Fill Impact Area is Acres: length: width: depth Removal will involve cubic yards annually and/or cubic yards for the total project cubic yards below the ordinary high water or high tide line Removal will be 0 Riprap 0 Rock 0 Gravel .0 Sand 0 Silt 0 Clay 0 Organics 0 Other Removal Impact Area is Acres: length: width: depth Is the Disposal area: Upland? 0 Yes 0 No Wetland /Waterway? 0 Yes 0 No Are you aware of crny Endo ;y-reri Species on the project ,:te^ 0 Yes ® No If Yes. please exp!ain in the project Are you aware of any Cultural Resource. co the project site? (D Yes 0 No description (on page 2. block 4). Is the project site near a Wild and Scenic River.) 0 Yes ® No PASED PROJECT PURPOSE & DESCRIPTION oject Purpose and Need: 7 i~~7 5 S Cr ,-7 i 7 t I~ x/ C~~ S SG n I~ G II L.r / 1 Q F'. ~2 '4 "s 1 % /u~lk J~.~t ~-o ,$erYJ'LC Av7 Lod' sc,oollY/S%o'7 • oject Description: eX%rf 60- _ ""Ik 1;.t C- Gvrd /`l S- !5 S4r.~..vy h d G v cca . Z- G f) / i v w e, T /'T ~j .S a_ e l~ /S rt J S #<a C- /SC of V oi )S will .lac ~~.u~e 40 C-e 0S c>! of O 7 2 4ha) ~q C 4n~ roe- /'•i" bbed.),rl fc, f/7 /0 (Ni~~ ST-~;~~ t.vill ''o be Sf'•;)~~~cd STA~/c~.•~Q /L~~ ~ec/J~ a/ 4n.o~ [ 4t/a C G d J13 C / C L / Q T S4 H t l 1 1 Se- eeGS 5/joun S Or. Si l'Z~ ^fra~a c--,'t/ 6Q- C'7 ~.I4~1 e-~ 1 cc A 14- A-7 low many project drawing sheets are included with this application? 2- -TOTE: A complete application must include drawings and a location map submitted on separate 81/2X 11 sheets. W-- VII any material, construction debris, runoff, etc. enter a wetland or waterway? 0 Yes ® No W t }r~.r~~ 4r~4 yes, describe the type of discharge (above) and show the discharge location on the site plan. stimated Start Date 7'/S S U Estimated Completion Date 8 -lS- S 8 Z PROJECT IMPACTS AND ALTERNATIVES )escribe alternative sites and project designs that were considered to avoid impacts to the waterway or wetland. e-,/~7~-ehd SGH '14r12 //'N 'C'a" yVQSf a Gros r f-4)e 4-9 f Zoo, b t Ga ypl ow.IC., .his bee- coo1er44; Vc ih a/104- VS +kc e- C' 7Lh,'S 4/~r- )escribe what measures you will use (before and after construction) to minimize impacts to the w terway or wetland. I~C✓ f1)-17 ICe -57L0-7 I^ /siCf~l2 O SCIh/•~e."~(~.~/~Jt-~ SCvc 2xtST•~f Ton Sol/Is be_ r c/JlsCr-cj B yer OpRtTuvli~p/ AI-t4S / - l~U~ Gt~S~+v~cOrlrre4S• ~eGlr ar/Si~s4 ~ ~rap•~ VOTE: If necessary, use additional sheets. ADDITIONAL INFORMATION adjoining Property Owners and Th it Addresses and Phone Numbers S r 4 of oR9 4 7 2 Z So 3) G i o - 43 G 7 TL ZOO - Rf7i/l/%7 s S4/~ Chr;s~<~,sen,75(o8S !o f/f TL Soo - gc")-'i A^X P4ifen., Is-7.3s sw 7t, fh Av ~iJe /'~•ec 0 TL ¢00 - f~ArvGy kir4LA t.i /17(,o Sv~y 76,L4', 4,/C ~*3) 63`)-3Z6- Se />Z/7~c~j e has the proposed activity or any related activity received the attention of the Corps of Engineers or the State of Oregon n the past, e.g.Cwetland delineatior) violation, permit, lease request, etc.? ® YES O NO f yes, what identification number(s) were assigned by the respective agencies: Corps # State of Oregon# / 70 COUNTY PLANNING DEPARTMENT A#VlT (to be completed by local planning official) • 0This project is not regulated by the local comprehensive plan'ond zoning ordinance. 0This project has been reviewed and is consistent with the local comprehensive pion and zoning ordinance. 0 This project has been reviewed and is not consistent with the local comprehensive plan and zoning ordinance. Consistency of this project with the local planning ordinance cannot be determined until the following local approval(s) are obtained: 0 Condfional Use Approval 0 Development Permit 0 Plan Amendment 0 Zone Change Cher 52L c l va Lajs PC-eVleo An'application 0 has (D<s not . been made for local approvals checked above. 1 142 -7~ 4;a-lokw1oaa, Cf~roF 11 ~qa.-~ Signature (of local planning official) Title city / County `f ® • COASTAL ZONE CERTIFICATION 61i Date If the proposed activity described in your permit application is within the Oregon coastal zone, the following certification is required before your application ccn be processed. A public notice will be issued with the certification statement which will be forwarded to the Oregon Department of Land Conservation and Development (DLCD) for its concurrence or objection. For additional information on the Oregon Coastal Zone Management Program, contact the department at 1175 Court Street NE. Salem, Oregon 97310 or call 503-373-0050. CERTIFICATION STATEMENT certify that, to the best of my knowledge and belief, the proposed activity described in this opprication complies with the approved Oregon Coastal Zone Management Program and will be completed in a manner consistent with the program. Print/Type Name Trite Applicant Signature Date SIGNATURE FOR JOINT APPLICATION (REQUIRED) Application is hereby made for the activities described herein. I certify that I am fcmliar with the information contained in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority i ndudng the necessary rec site property interests to undertake the proposed, activities. I understand that the granting of other permits by local, county, state or federal agencies does not release me from the requirement of obtaining the permits requested before commencing the project. I understand that local permits may be required before the state removal-fill permit is issued. I understand that payment of the required state processing /feedoes not guarantee permit issuance. Print/rype Name (cocppliccno . • Titre ApPbcan (cocpAiicanq Dfre L I certify that I may acct as the,,duly )authorized agent of the applicant. S7'"p0Aev~ C. IY4 in ee- r Prir.-; yr$E Narne -4 ~ /'C' . , ~ ~ / Authcrized%gent Signature l,/3/9R Dare _ MENTAL WEMND IMPACT INFORMA110 ] ' (FOR WETLAND FILLS ONLY) • ;ite Condifions of impact area mpact area is 0 Ocean 0 Estuary 0 River 0 Lake 0 Stream ® Freshwater Wetland Jote: Estuarion Resource Replacement is required by sate law for projects involving intertidal or tidal marsh alterations. A ;eparate Wetlands Resource Compensation Plan may be appended to the application. -las a wetland delineation been completed for this site? ® Yes 0 No f yes, by whom::. Describe the existing Physical and biological character of the wetland/waterway site by area and type of resource (use separate sheets and photos), if necessary) • sit wc~~~•~d oi~~.-re~~~a~ Yc~o~ T ~JsL Resource Replacement Mitigation Describe measures to be taken to replace /Iunavoidably impacted wetland resources 4 .ti:vf Cs o TV S;Xc Gr>gl v~ ~G~e~fl7 e-X~S~,'~► S /L i-rc~i c r t o r r-i w o r / .ter 1~ i, S✓ ri ~i r. e.c. h e $ c c- t ? s e n Go Tel.- rc~ Because this information is not necessary for a complete application, you may submit this sheet and other environmental ;nfomwtion after submitting your application. • • NATIONWIDE PERMIT Nationwide Permit 12 authorizes discharges of dredged material or fill material associated with excavation, backfill or bedding for utility lines, including outfall and intake structures, provided there is no change in preconstruction contours. A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquefiable, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone and telegraph messages, and radio and television communication. The term "utility line" does not include activities which drain a water of the United States, such as drainage tile, however, it does apply to pipes conveying drainage from another area. This nationwide permit authorizes mechanized landclearing necessary for the installation of utility lines, including overhead utility lines, provided the cleared area is kept to the minimum necessary and preconstruction contours are maintained. However, access roads, temporary or permanent, or foundations associated with overhead utility lines are not authorized by the nationwide permit. Material resulting from trench excavation may be temporarily sidecast (up to three months) into waters of the United States provided that the material is not placed in such a manner that it is dispersed by currents or other forces. The District Engineer may extend the period of temporary side-casting up to 180 days, where appropriate. The area of waters of the United States that is disturbed must be limited to the minimum necessary to construct the utility line. In wetlands, the top 6" to 12" of the trench should generally be backfilled with topsoil from the trench. Excess material must be removed to upland areas immediately upon completion of construction. Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line. The utility line itself will require a Section 10 permit if in navigable waters of the United States. (See 33 CFR Part 322). Notification: The permittee must notify the District Engineer in accordance with the "Notification" general conditions, if any of the following criteria are met: a. Mechanized landclearing in a forested wetland; b. A Section 10 permit is required for the utility line; c. The utility line in water of the United States exceeds 500 feet; or, d. The utility line is placed within a jurisdictional areas (i.e., a water of the United States), and it runs parallel to a streambed that is within the jurisdictional area. 9-irl4d. Z .QUALIFICATIONS CONDITIONS Case No: 98-776 The Corps of Engineers has determined, based on available information, that the proposed work is in conformance with the enclosed terms and conditions of the authorizing Nationwide Permit (Enclosure 2) and with the following listed "Qualification Conditions". However, the permittee is responsible for verifying that his activities are and continue to be in conformance with these terms and conditions throughout the execution of the authorization. 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained to ensure public safety. 3. Aquatic Life Movements. No activity may change stream gradients or substantially disrupt the movement of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. 4. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely effect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service.) 5. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 6. Federal Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Note: Authorization of an activity by a nationwide permit does not authorize the take of a threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with incidental take provisions, etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non-lethal takes of protected species are in violation of the Endangered Species Act. 7. State Endangered Species. No activity is authorized under any NWP which is likely to have adverse impacts to species listed by the State of Oregon as threatened, endangered or sensitive, unless approved by the appropriate state agency. 8. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized unless, until the DE has complied with the provisions of 33 CFR Part 325, Appendix C. 9. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent banks. 10. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized by NWP 4. %Z14_W_ 3 • i 11. Mitigation. All feasible and prudent alternatives to avoid and minimize impacts to waters of the United States shall be considered. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i.e., on-site), unless the District Engineer approves a compensation plan that the District Engineer determines is more beneficial to the environment than on-site minimization or avoidance measures. Compensatory wetland mitigation, where practical, shall be required in accordance with Oregon guidelines for compensatory wetland mitigation. 12. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 13. Obstruction of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation: of the water (unless the primary purpose of the fill is to impound waters). 14. Adverse Effects From Impoundments. If the discharge creates an impoundment of water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. 15. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 16. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 17. Local Land Use Planning. Proposed work must be consistent with local comprehensive plans and implementing ordinances. 18. Compensatory Mitigation Sites. Proposed work which would adversely impact previously required Federal or state compensatory mitigation or restoration efforts can not be authorized by a Nationwide Permit. 19. Territorial Seas. Proposed work occurring within Oregon's Territorial Sea (Base Line to 3 nautical miles offshore) is not authorized until individual coastal zone certification from DLCD is obtained. 20. Fish Passage. The placement of culverts, diversion structures, or changes to the channel morphology must be designed to be consistent with passage standards developed by ODFW and NMFS, titled "ODFW Standards and Criteria for Stream Road Crossings". 21. Fish Habitat Enhancement. Bioengineering designs (conducive to fish usage), shall be .preferred and utilized wherever appropriate. Fish habitat enhancement measures (willow sprigs in rock applications, fish resting areas, vegetative stabilization, etc.) shall also be incorporated into non bioengineering designs to the extent practicable as mitigation measures. IMPLEMENTATION CONDITIONS Case No: 98-776 The following conditions specifically address requirements which must be met during the permittee's implementation of the authorized work. 1. Work Period. All in-water work shall occur between July 1 and September 30, in accordance with Oregon Department of Fish and Wildlife's recommended in-water work period. 2. Agency Access. Permittee must provide access to the work site to representatives of the Corps of Engineers, DEQ, DLCD(for projects in the coastal zone), and ODFW during all hours of construction or operation. 3. Equipment. Heavy equipment shall not be operated in the active flowing waterway unless specifically authorized. Use of heavy equipment in waters may be authorized if necessary in the interest of safety or due to site conditions prohibiting certain work from the bank. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance 4. Erosion and Siltation Controls. Appropriate erosion and siltation controls (such as hydroseeding, filter bags, organic or fabric soil detention systems, leave strips, berms, etc.) must be used and maintained in effective operating condition during construction to protect all exposed soil, stock piles and fills from erosion. These features, as well as any work below the ordinary high water mark or high tide line, must also be permanently stabilized at the earliest practicable date. Materials shall not be placed on unstable slopes, and stockpiles shall not exceed 25 feet in height. 5. Disturbed Area Protection. Construction access roads and associated staging areas shall be protected with a gravel blanket or other suitable material to protect against erosion of sediments into waterways and wetlands. 6. Dredged Material Disposal: Dredged or excavated material shall not be placed in and shall be prevented from eroding back into waterways and wetlands, unless specifically authorized. 7. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.,) and must be free from toxic pollutants in toxic amounts. 8. Pollutants. Petroleum products, chemicals, fresh cement, construction, or deleterious waste materials shall not be allowed to enter waters or wetlands. Special attention shall be given to preventing sandblasted material and chipped paint from entering the water. Machinery refueling is to occur off site or in a confined, designated area to prevent spillage into waterways and wetlands. 9. Vegetation. Vegetation, not designated for removal or modification in the authorization, shall be protected from disturbance to the maximum extent possible and restored with native plant species when damaged or disturbed. The standard for success is 80 percent cover with native plant species that replace the habitat type lost or damaged. 10. Wetlands. Wetlands adjacent to work areas shall be clearly flagged, or otherwise appropriately identified, to prevent damage or loss of that resource. Damaged areas shall be restored to pre-work conditions. 11. Endangered Species. If at any time during the conduct of the work authorized, the permittee becomes aware that a Federally listed threatened or endangered species or a species proposed for such designation (as identified under the Federal Endangered Species Act) or the habitat of such species may be affected, the permittee must immediately cease activities, notify the Corps of Engineers and not re-initiate activities until approved by the Corps of Engineers. ~y 12. Cultural Resources & Burials. If at any time during the conduct of the work authorized, the pcrmittee becomes aware that human burials, cultural resources or historic properties (as identified under Federal historic preservation laws) be affected, the permittee must immediately cease activities, notify the Corps of Engineers and not re-initiate activities until approved by the Corps of Engineers. 13. Turbidity Testing. Turbidity shall be monitored frequently while conducting in-water work. Monitoring points shall be at locations 100 feet upstream (background) and 100 feet downstream. Measurements shall be accomplished with either a turbidimeter or visually and turbidity shall not exceed either 10% above background or be visible (if measuring visibly) at the downstream station. These limits can be exceeded for a maximum of two hours in a 24-hour period provided all practicable erosion control measures have been implemented. 14. Turbidity Reporting. The permittee shall conduct turbidity monitoring as- required in the "Turbidity" condition stated above and mail the results to the Department of Environmental Quality, Executive Building, 811 SW. 6`s Avenue, Portland, OR 97204, at the end of each week of operation. [This Condition is only applicable to work in WQL waters only]. 15. Other Conditions. The activity must also comply with all conditions added by the Section 401 water quality certification. 16. Compliance Certification. Permittee will complete, sign and submit the enclosed certification (Enclosure 5) regarding the completed work and any required mitigation. 17. Case Specific Conditions. - Pre-construction hydrology must be maintained by means such as trench plugs, reconstructed impervious soil layers, etc. - The topsoil (up to 12 inches in depth) shall be removed and stockpiled separately from subsurface soils and replaced at the project's completion. Disturbed areas shall be replanted with type of plants existing prior to disturbance and a survival rate of 80% shall be achieved within a 5 years following initial plantings. The construction corridor shall not exceed 10 feet wide. A minimum of two clay check dams shall be install within the trench to prevent the "French Drain" effect - Additional native vegetation shall be planted to mitigate for the permanent fill of the manholes. r , Compliance Certification Permit Number: Date of Issuance: I hereby' certify referenced permit has and conditions of,the completed in accordan, described below. Name of'Permittee: that the work authorized by the above been completed in accordance with the terms said permit, and.required mitigation was- :e with the permit conditions, except as Signature of Permittee Encl. 5 . (EARS OF SERVILE ~G I NE E RS ARC HI T E C T S PLAN N E I I AI II I ED SC},E,N T I S TS s K,C-NI A SUBSIDIARY OF TETRA TECH INC. June 29, 1998 Julia Hajduk Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Cook Park Band Pavilion and Picnic Shelter Dear Julia Hajduk: Seattle Portland Juneau The band pavilion and picnic shelter proposed for Cook Park were investigated to determine if construction of these structures would impact the floodplain of the Tualatin River. The Army Corps of Engineer's HEC-II model of the Tualatin River for the 100- Taiwan year event was modified. This was the model used for the FEMA Flood Study of the Tualitin River. The modifications to the model included adding additional points to the cross-section at river mile 9.84. These additional points were at the location of the proposed structures. The points were set at ground elevation and this became the existing conditions model. The model was run and the water surface elevation at the cross-section was 125.77 (127.23 with floodplain encroachment). The cross-section was then modified to include the proposed structures and the water surface elevations did not change to the 1/100th of a foot. It is therefore concluded that the proposed structures will not have an effect on the Tualatin River floodplain. Thank you, and if you have any questions or comments or I can be of further assistance, please contact me at 684-9097. Sincerely, KCM, Inc. KCM. Inc. lm Harper, P.E. 7080 SW Fr Loop Project Engineer Portland, OR 97223-8022 JAH:2840078 / JH62998 Tel 503.684.9097 c: Central Files Fax 503.598.0583 kcmpdx®kcminc.cc 15.080 2830. 39543. .7 130.2 128.9 1.3 15.380 3939. 52702. .5 130.3 129.0 1.3 15.620 3267. 45123. .6 130.3 129.0 1.3 15.800 2146. 27492. 1.0 130.3 129.0 1.3 16.180 905- 13287. 2.0 130.5 129.2 1.3 16.320 370. 7759. 3.5 130.4 129.2 1.2 16.330 228. 6793. 4.0 130.5 129.2 1.3 16.340 228. 6798. 4.0 130.5 129.2 1.3 16.350 230. 6871. 3.9 130.5 129.2 1.3 * HEC-2 WATER SURFACE PROFILES * * U.S. ARMY CORPS OF ENGINEERS * * HYDROLOGIC ENGINEERING CENTER * Version 4.6.2; May 1991 * * 609 SECOND STREET, SUITE D # * * DAVIS, CALIFORNIA 95616-4687 * RUN DATE 29JUN98 TIME 13:15:36 * * (916) 756-1104 FoTul X X XXXXXXX XXXXX xxxxx x x x x x x x X x x x x xxxxxxx xxxx x xxxxx xxxxx x x x x x X x x x x x X x xxxxxxx xxxxx xxxxxxx 1 29JUN98 13:15:36 HEC-2 WATER SURFACE PROFILES Version 4.6.2; May 1991 THIS IS AN ARCHIVAL RUN ALL DATA AND RESULTS ARE SAVED ON UNIT 96 AC FILENAME ON HEC-2 INPUT TAPE 400: TLN2ID42 AC FILENAME #47 ON HYDSEC TAPE 531: IDTLC3J4 AC AC TUALATIN RIVER R.M. 2.81 - 16.35 AC 100 YEAR FLOOD AND FLOOOWAY AC POST-CONSTRUCTION - AFTER REMOVAL OF ROCK LEDGES AC DISCHARGES INCREASED FOR SECTIONS 7.49 AND 7.62 AC TUALATIN-WASHINGTON COUNTY, OREGON FLOOD INSURANCE STUDY AC JANUUARY 1984 AC ****ww# AC STUDY REACH FROM 0.3 MI D/S OF 0.S.8 I DAM TO U/S OF SCHAMBERG BRIDGE AC CROSS SECTIONS: CHANNEL BY OLSON ENGINEERING, VANCOUVER, WA PAGE 1 THIS RUN EXECUTED 29JUN98 13:15:36 * HEt-2 WATER SURFACE PROFILES * * * Version 4.6.2; May 1991 * * * RUN DATE 29JUN98 TIME 13:24:47 * r** R***w****, R** r***** COA/0/TIC?iVS * U.S. ARMY CORPS OF ENGINEERS * HYDROLOGIC ENGINEERING CENTER * 609 SECOND STREET, SUITE D * DAVIS, CALIFORNIA 95616-4687 * (916) 756-1104 **w R*+M R**ww**w*w***w** X X XXXXXXX XXXXX XXXXX X X X X X X X X X X X X XXXXXXX XXXX X XXXXX XXXXX X X X X X X X X X X X X X XXXXXXX XXXXX XXXXXXX 1 29JUN98 13:24:47 PAGE 1 THIS RUN EXECUTED 29JUN98 13:24:47 ww*wwwwwwwwwtw wwwwwwwww*wwwwwww HEC-2 WATER SURFACE PROFILES Version 4.6.2; May 1991 ww*ww******w*w*tww*w**w*******www**w* THIS IS AN ARCHIVAL RUN ALL DATA AND RESULTS ARE SAVED ON UNIT 96 AC FILENAME ON HEC-2 INPUT TAPE 400: TLN2I042 AC FILENAME #47 ON HYDSEC TAPE 531: IDTLC3J4 AC ' r AC TUALATIN RIVER R.M. 2.81 - 16.35 AC 100 YEAR FLOOD AND FLOODWAY AC POST-CONSTRUCTION - AFTER REMOVAL OF ROCK LEDGES AC DISCHARGES INCREASED FOR SECTIONS 7.49 AND 7.62 AC TUALATIN-WASHINGTON COUNTY, OREGON FLOOD INSURANCE STUDY AC JANUUARY 1984 AC AC STUDY REACH FROM 0.3 MI D/S OF O.S.& I DAM TO U/S OF SCHAMBERG BRIDGE AC CROSS SECTIONS: CHANNEL BY OLSON ENGINEERING, VANCOUVER, WA AC OVERBANK (PHOTOGRAMMETRIC) BY SPENCER B. GROSS, BEAVERTON AC 18 ADDITIONAL X-SECTIONS ADDED TO REFLECT ROCK LEDGES AC TOPOGRAPHY FROM CITY OF TUALATIN TOPO, 1972 AC CONTOURS AND SPOT ELEVATIONS BY SPENCER GROSS, 1978 AC MAPS USED WASH CO. FIS WORK MAPS: 106, 107, 108 AND TL-3-1/2 & 2/2 AC AERIAL PHOTOGRAPHY DATED 9 MAY 1977 BY WAC CORP, EUGENE, ORE AC ORTHOPHOTO BASE BY DAVID C. SMITH, PORTLAND, ORE AC FIELD SURVEYS BY USCE, PORTLAND DISTRICT AC ADDITIONAL FIELD CONTROL BY SPAN INTERNATIONAL, PHOENIX, AZ AC ADDITIONAL HORIZONTAL CONTROL BY SPENCER GROSS, BEAVERTON • • AFFIDAVIT OF MAILING STATE OF OREGON ) City of Tigard ) I, J'v LZ R,0(4 , being duly sworn, depose and say that on June 8, 1998, I caused to have mai4d to each of the persons on the attached list, a notice of a meeting to discuss a proposed-Uevelopment at or near: Cook Park 17005 SW 92nd Avenue Rigard, Oregon A copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at with postage prepaid thereon. Signatur (signed in the gesence of a Notary Public) Subscribed and sworn/affirmed before me on the ~ day of / I.UYLl, , 1998. U Notary Public of Oregon 0 My Commission Expires: OFFICIAL SEAL CATHERINE WHEATLEY NOTARY PUBLIC-OREGON COMMISSION NO. 042176 ` " :MISSION EXPIRES MAY 10, 1999 0 0 AFFIDA VIT OF POSTING NOTICE Within seven (7) calendar days of the sip posting, return this affidavit to: City of Tigard Planning Division 13125 SW Hall Blvd Tigard, Oregon 97223 I,1ohn Roy, Property Manager, do affirm that I am the party initiating interest in a proposed Site Development Permit affecting the land located at Cook Park, 17005 SW 92nd Avenue, Tigard, Oregon. Tax lot number(s) 2S114AC0_V700, 2S114A000500, and 2S114D000101, currently registered, and did on the day of 1998, personally post notice indicating that the site may be proposed for a Site Development application, and the time, date and place of the neighborhood meeting to discuss the proposal. ' 4, The sign was posted at g A-4k ~JGE tD ave" ~ 41 ej 4,1 26~ l John y, Property Manager Subscribed and sworn/affirmed to me on the VVT ~f""6 Notary Public of Oregon 4 My commission expires: day of LtA 0 , 1998. 0 OFFICIAL SEAL CATHERINE WHEATLEY NOTARY PUBLIC-OREGON COMMISSION NO. 042176 MY COMMISSION EXPIRES MAY 10. 19% ~GINEERS I ARCHITECTS , PLANNERS I AP PL I ED S6 T I S TS i June 30, 1998 Hajduk A SUBSIDIARY OF TETRA TECH INC. Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Seattle Re: Cook Park Band Pavilion and Picnic Shelter Dear Julia Hajduk: A neighborhood meeting was held for the band pavilion and picnic shelter project Portland proposed for Cook Park. The meeting was at Cook Park at 6:00 pm on June 24, 1998. The attached sign-up sheet list the attendees. John Roy from the City of Tigard and Jim Harper from KCM were at the meeting. The following are the questions raised at the meeting followed by the responses. The number corresponds to the person asking the question on the sign-up sheet. Juneau 2. Will both the structures be constructed at the same time. John Roy: Yes, later this year, no later then November. 1. What kind of event - size of crowd. John Roy: Community bands and similar events - no big events. Taiwan 2. Hours of use. John Roy: Same as the park - Dawn to dusk - after dark needs a general permit. 1. Where will the power be coming from. John Roy: Existing power at the park. 2. Will it effect flooding. John Roy: It will not effect the floodplain. French drains will be used to address area flooding. 2. Will additional parking be part of the project. John Roy: No, but will be part of the park expansion in later years. / 2. Will it take out any tress. John Roy: Three trees may be removed, however the Parks Department will be planting r EA 8 S 8 F more this year. 318VILE Thank you, and if you have any questions or comments or I can be of further assistance, please contact me at 684-9097. Sincerely, KCM, Inc. KCM, Inc. 7080 SIN Fir Loop im Harper, P.E. Portland, OR Project Engineer 97223-8022 Tel 503.684.9097 JAH:2840078/JH63098 Fax 503.598.0583 kcmpdx®kcminc.c< Name 1 2 City of Tigard Cook Park Improvements Speaker Sign-up Sheet Neighborhood Meeting 6114/1998 ®6:00 pm Address . 4 oa ~ AACC i 3 6Dc,, vx-~ 4 5 6 7 8 9 10 11 Phone Number j 470 -hex so3'( I COOK PARK Soccer FWds Z Sport Co-irf - Por~inp Coaersd J• Arro \ Po ~kinp • Res/room Fr• ` Consess%a~ ui Q, C N rn BAND PAVILION I echo P/oy a i- Slora Areo,, e 1 '<C 1 r c . 1 6o//reds t,~sf~. 14 fLYlic, Area '>i ResJrcoms ~ ~ 1 0 ~ ~i 'COVered 'n..•t1•-' Areo • z • 11 "'1 7th ~ i ~'t~ .,~-t'1:..)'.1~. 9 Caretaker T-.3 t• . isS•~~.~~Y,~~~tiY+,.~:1'~s1;,..,.~cl/~•;+'t.•.♦ y"C'Y~1 `h.;,,~ I r, ~1:ti: t •,1 ~JVOItA'O/ /.I'eo • r • •fA i;~ljttY=1~.►M1'•lt't•,~•t`•~~~;:1'j ~.~~.•l ~:l,l,~.~"~,ijil::. t ;•"1.1.,.1••1.1, \t'.t h ♦,;'1 iv T •;v•1.;!1 ]1~Y171. ~t~ ~ 1. 1 l~ v 1:,.111., i S, ti: •~t )'tl ~ 1• +11•t. .~11. ~ ~'1~ 1, it ~„t„Yt!1 • 11 i t'`~. 1 j .1 ...00 Dock st off; x - , PICNI / SHELTER 1 r I tiI ROOF g?RUC~1R wooer Ron- s>n-rr F--C conc gLOCx BAND pAV ILION -Oregon John A. Kitzhaber, M.D., Governor June 10, 1998 JV-02 JIM HARPER KCM INC 7080 SW FIR LOOP PORTLAND OR 97223 RE: State File No. 15388 Dear Mr. Harper: J ,a 11 19G8 iIS'J. • State Land Board John A. Kitzhaber Governor Phil Keisling Secretary of State Jim Hill State Treasurer We have received your fax of June 4, 1998, for the proposed picnic shelter and bank pavilion at Cook Park in Tigard in Washington County. The Division of State Lands requires a permit if you plan to remove, fill or alter 50 cubic yards or more of material within the banks of a waterway. Based upon an on-site visit of April 15, 1998 and your subsequent memo and drawings, your project doesn't have state jurisdiction, therefore a State removal-fill permit is not required. If you have any questions, please call me at 503-378-3805, extension 234. Sincerely, G~~i~ William L. Parks Natural Resource Coordinator ` Field Operations-Western Region attachmentAwest\N SP-15388.doc c: Jan Stuart, Corps of Engineers Washington County Planning USA City of Tigard (Hajduk) Division of State Lands 775 Summer Street NE Salem, OR 97310-1337 (503) 378-3805 FAX (503) 378-4844 TTY (503) 378-4615 • DEPARTMENT OF THE ARMY PORTLAND DISTRICT, CORPS OF ENGINEERS _ P.O. BOX 2946 PORTLAND, OREGON 97208-2946 May 15, 1998 Reply to Attention of: Construction-Operations Division SUBJECT: Permit Requirements KCM, Inc. Attn: Jim Harper 7080 S.W. Fir Loop Portland, Oregon 97223 Dear Mr. Harper: m ;1 1 11888 P OR KC M, 1 NC. Recently we discussed a proposed picnic and band pavilions at Cook Park in Tigard. You are proposing to install these features on a grassy area in the floodplain of the Tualatin River. Mr.-Bill Parks, Oregon Division of State Lands, visited the site to determine whether the proposed footprint would impact wetlands. He did not think the area contained jurisdictional wetlands. The U.S. Army Corps of Engineers has jurisdiction over water bodies under two statutory authorities of the Clean Water Act. Under Section 404 of the Clean Water Act, the Corps has authority to issue permits for the placement of fill or dredged material in waters of the United States. The term "waters of the United States" includes the territorial seas and tidally influenced waters up to the high tide line. "Waters" also include all other waters, up to their ordinary high water mark, that are part of a surface tributary system to and including navigable (non-tidal) waters of the United States. Wetlands adjacent to these waters are also "waters of the United States". Since your project appears to involve no discharge of fill or dredged material in waters of the United States, a Department of the Army permit is not required. If you have any questions regarding our regulatory authority, please contact me at the above address or telephone (503) 8084381. Sincerely, Copies Furnished: ~tw ?,Project an Stuart Manager Regulatory Branch ODSL (Parks) City of Tigard (Hajduk) '7 At i O'601x ; x ll' s•snx I/~, `-d , N3389i _ 1 7 ► i x~i x ono i ?1 ~~codobd ' r moo„ ozioo C Ad odd d.! X . y.r 4 i o'iZix d Ar v I d 4, O~x~ 0 0 0 ~ z•oz~ 0 I L'ZZlx Hard noon 8'0 U' 1 1 F t these np~hht lnot be e copied or dq iss are the any unauthorized sF+ll ne mpfit or disclosed to any lln:ed ritten permission r i 1rt if ti t ith t Erection, Installation of this frIVCIUr! is r0 b! d 7 fOmptfMr SfnKfur! superv sow in the construction Iradn Th s wperrsar mus t b e of read' +g the (s) i following Cedar Forest Products' installation instl using goad draw n .,e)UI'nf: Nl }!f receipt el mi)friq{, ;al g!nlr a, [antrifYar M1 reapellSO1e for the condition. No merchandise can be returned without written authorization, MenMM sa with rerun aulMriaatan must he in saleable a est Prodints will not be habit for any unauthorized field( canasta tf repair/replacf/corn sh materials. proval from i ses m n a st h itt A 'Zed By: Reference To doors t: fad By: ou w n F or s en re y w ou g ared to slop Th t ill b d d t t i ti condition A 35% restocking fee will be charged. Merchandise to be returned p or wr ny p ave pr u e Oatedi Sh r T O y shall not be used for construction unlesS approved .P. Reprisentative.. , ure& e con rac or w roce e on prac ces an cons ruct cut and make adjustments of fitting for proper budding erect'lom~ crust be shipped insured and freight prepaid. Cedar Forest Products o op: a s 21X G 5.Y. PINE FASCIA ea FRONT ELEVATION 2'-0' CONT. ROOF OVERHANG °_T I I ! I I I ® ® ~m I r r I I I l 1 ale I I 1 1 I IV 1 I I 1 I I I I I \-LAM. BEAM LAM. BEAM I I I ! I 1 ! ! I I ! I ! I I j I I I ! I I GX 815,Y, i i PINE/C.C.A..40 I I I 1 i i __________1_______________1__ -----T- I i i I i i i i •---------1---------' FLOOR PLAN SCALE: 114•-r-a T_______ i I i I I I I i i i I it 'AL~ 12 l07 WEST tJOLDBN -BOX 98 THE FOLLOWING WILL BE THE RESPONSIBILRY OF OTHERS 1 ALL EOWTLSCTM 90" IHT STATE a LOM KK EME RRNiS EOIA,IIdIlV013 61064 Lwo~OS aeEAR~~IwaTRMS~OILPSF.uL 1(016LL1 WN A LOEA K=Tm w sFt cNY O;~~~OW ~FrTCHM I 1 0 lam N tat G 'X 8'5 * Y. PINE / COLUMN C.C.A. TREATED .40 01 01 SCALE: 114'= I'-0' RIGHT 51DE ELEVATION SCALE: 114'=I'-0' CL55*A'FIBERGIA55SHINGLES WITH A 20 YEAR WARRANTY, TO BE INSTALLED PER MANUFACTURER51NSTRUCTION5,OVER 156 FELT AND 1127f G' S.Y. FINE T 1 G DECNNG WITH VEE GROOVES ON MN15H FACE z 12 D 3 LOW PITCH BEAM en m~ ~ 0 0 0 0 00. ! I IV / ~ ee I Id c rn STEEL H- I 1 CONNECTOR 2'X 05.Y. FINE 1 FASCIA I I I 1 I I I I I I I I I o , -6 X'5" COLUMN / C.C.A. TREATED .40 I I I 4' CONC. SLAB WITH G' X G' Y 610 W.W,F,; FILL AS REQUIRED (NF) N v m I I I/2' EXPANSION JOINT (NF) I I 314'0 X 18' 4' CONC. SLAB WITH G' X G ANCHOR BOLTS (NF) 610 W.W.F.; FILL AS REQUIRED (NF) e e I t I •1 I I S I 'I~-. I ~ I '•I I 1 11,.'.1 ►..I 2'-0' 0 CONC. PIER Mn j i (G) #4 BARS (Nr)~ I I r+~i-; i 2'•0' 0 CONC. m PIER (NF) ! . I? %r .I I '11 I :al, ~ I ® 64 STIRRUPS, V-", I _ T 12' VERT. O.C. (NF) a ''1 J" I., 1 ----°I m , 2'0 3'-24? T 9 ' I &-a 8'-0' T 8'-0' 7-94? 3'-2.. Z_a FOUNDATION PLAN SCALE: Ir4'=i -cr DIMEN5ION5T05URLOCALCODES L.P.B. CR055 SECTION SCALE. 3/4'-1'-0' S.CMXTEToBEX eP_UONVIIESLaESTIVIM NF - DENOTES NOT FURNISHED BY CEDAR FOREST PRODOCTS LB4044 ~m+ATM By/wi/iw 6. msww STM TOK wit A.Srsofoo m S.D.D. 14/22198 7. ALL Em61ieTMSURVETMANDFIELO DEALER NAME: NORTHWEST RECREATION OWNER NAME: I CITY OF TIGARD C VEMEATIM OF ALL OPIE1601i I right 1998 thew drawings are the property of CF.P. -Structure Erection: Installation of this structure is to be don a competent Shall not be copied or disclosed to any unautho. zed sclperrtsor in the construction trades. This supervisor must bee of reading the in _art er its entirety without our written permasmn, drawing10 R following Cedar Forest Products' installation instrull9ft using good y shall not be used for construction unless approved construction practices and procedures. The contractor will be required to shim. P. Representative. cut and make adjustments of fitting for proper building erection FRONT ELEVATION SCALE: I/4'= I'-Er CLA55 W FlBEPGLA55 5HINGLE5 WITH A 20 YEAR WARRANTY, TO BE IN5TALLED PER MANUFACnURER5 IN5TRUCTION5, OVER 15th FELT AND 91 29! G' 5.Y. PINE T 4 G DECKING WITH VEE GROOVES ON FIN15H FACE X LAM. S.Y.P. 1 C.C.A..40 PET. c'' A* ' 11 , C,C / aA Ck 0FCOwMH3ac3~ ' i ~~~OP /dCOC~~ ~Mp TO • TMH cC I I y fya 0 PRE-BUILT CUPOLA PR&9UILT GABLE a returns: ;.:"or receipt of Material s, me genera , conrractor n respomlole for the condition. No merchandise can be returned without written authorization Merchandise with return authorization must be in saleable condition. A 35X rntoc" fee will he charged Merchandise to to returned must be shipped insured and freight prepaid. CLA55 -A! FIBERGlA55 5HIN 20 YEAR WARRANTY, TO BE MANUFAcURERS INSTRUCT 15t FELT AND 112'X G' 5.Y T 4 G DECKING WTTTi VEE GR MN15H FACE ..Ced est Products will not be liable for any unauthorized field chases torepair/replace/furnish materials. Any es must have prior written approval from Cedar Forest Products. 5'-1 12'-3-3" 12'-3-k 5'-1 ,sue 01i ii II ' .0 h i ~ilr 4' CONC..;19 L AS 6' X ~i /IOW.W.P.: flLL ASREQUIRED (NF) % I . ~ ♦ I i ,iii I T-5k 13'-dk C.L. OF CANC. PIER TO C.L. OF BUILDING,`` i I e.L OF CONC. PIER TO C.L. OF BUILDING 1 I 1 . (2) #4 BA05 RUNNING CONT. FROM ANCH. BOLT + it I i TO CORRES. ANCH. BOLT (NF) + i T r ~ 1.1.E 49 r 11 \ / ~I 1 / i , ( TX LAM. S.Y.P. ARCH C.CA .40 RET. '-0' 3Ga BACK OF COLUMN TO BACK OF COLUMN 40'a FLOOR/ROOF FRAMING PLAN scaLE Ir4'-t'a THE f fffi 107 WEST COLDEN - BOX 99 KTN VLL BE THE RESPONSIBILITY GL OP OTHERS t ALL Ed6T11LTO1 Si01AO MY STATE TATt & S UXAL lOGI %Qi CM E Ra MTS. lh~Nss. POLO, M11NOiS 61064 L ASSUEO SOL WAR" CAPWTT . LOU PSF. ALL FaoTlfd TOKARDRUMiUM M ra i I i I I i . . QfA i i 1,31 ~fR %FR rp ; ; ` C'~ ) ii aPl I 11 II N 14'-101} 14'-IC>rr~' 6'-I{~+ Ora FOUNDATION PLAN SCALE: 114'-I'a S. CONCRETE TO BE 3,100 M COtemESSIVC STRENGTH a n GAYS. S H1fOn0NG STEEL To K ASTPL A-30S OEFOR"M T. ALL COS TION SIFYEYRIG AM FWA 0 orized 8y ed By: a e Te ShaP 12 - 4 5TYIE-D ROOF EDGE IT¢9p Reference To Ouote 0: Gated: 2'X 8' 545 CEDAR FASCIA 5' X LAM. 5.Y.P. - ARCH C.C.A. .40 RET. 4' CONC. 5LAB WTTH G' X G' 110 W.W.P.; FILL A5 REQUIRED (NF) I/2' WAN510N 85/8' iJOINT (NF) , i •~py.J 8 (2) i4 BAR5 RUNNING CANT. FROM ANCH. BOLT TO CARRE5. ANCH. BOLT (NF) THICKENED SLAB #45TIRRLIP5, 1'•b'0 DETAIL I X VERT. O.C. (NF) C SCALE: 112'- I'a TYPICAL AT TIE BARS (4) 314'0 X 18' ANctid X BOLT5 (NF) BACK OF 5TEEL BA5E SHOE i . a ;T F=3 l ;•I.'J~G44 BAR5(NF) ra0 CONC. PIER (NF) ,LL1J 2'-0- - DIMEN5ION5 TO 5UfT LOCAL COOE5 A R055 SECTION NF - DENOTES NOT FURNISHED BY CEDAR FOREST PRODl CTS OAP40 DEALER NAME: I NORTHWE5T RECREATION I OWNER NAME: I CITY OF TIGARD SCALE: 1/2'-1'-0' DRAWN HT/QA" IV 5.D.D. 14/21/98 LEFT ELEVATION SCALE: 1/4'= V-0* 0 AGENDA ITEM NO. -2,2 0 • CITY OF TIGARD 'D HEARINGS OFFICER 0 SIGN-IN SHEET M CITY OF TIGARD Community DeveCopment S(wping A Better Community NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORD l THEIR ADDRESS ON THIS SHEET_._-(Please PRINT WON AGENDA ITEM 2.2 DATE OF HEARING: 8/24/98 Page 1 ofL FILE NAME(S): II FANNO CREEK TOWNHOMES SANITARY SEWER CASE NUMBER(S): I SENSITIVE LANDS REVIEW (SLR) 98-0006 OWNER(S) Jeffery Danchok APPLICANT(S): Same PROJECT LOCATION: II East side of the current northern terminus of SW 76th Avenue MAP(S) & TAX LOT(S) NO(S). II WCTM 2S112CD, Tax Lot 00100 PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE PROPONENT (For the proposal) OPPONENT (Against the proposal) WHM Name/AddreSSAIP a Af illadon) WHM Name/AddreSSRIP a XMI8110N Name: Name: Address: Address: Citv: State: Zio: Citv: State: Zio: Name: Name: Address: Address: Citv: State: Zio: Citv: State: Zio: Name: Name: Address: Address: Citv: State: Ziq: Citv: State: Zip: Name: Name: Address: Address: Citv: State: Zit,: Citv: State: ZiD: h Apattytmasterstsigni n ho. mst i . L,( V-000(" COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9203 BEAVERTON, OREGON 97075 Legal Notice Advertising eCity of Tigard e ❑ Tearsheet Notice 13125 SW Hall Blvd. eTigard,Oregon 97223 e ❑ Duplicate Affidavit eAccounts Payable e AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. 1, Ka.t b I, c ny-d,--- being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the'T J garrl-TUa 1 atin M;Lmes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the SLR 98-006-Panna C'rP_Pk gPWPr 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: August 13,1998 iua _ Y140--^ Subscribed and sworn to a re me thisl 3 t_ h d a) Of Ai, q11 s t ,19 9 8 OFFICIAL SEAL P2 - ~ ~ s ROBIN A. BURGESS Not Public for Oregon NOTARY PUBLIC-OREGON My Commission Expires: *COMMISSION NO. 062071 MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT _ The following will be considered by the Tigard Hearings Officer on Mon- day, August 24,1998; at 7:30 P.M., at Tigard Civic Center - Town Hall, 13125 SW 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 SW Hall Boulevard, Tigard, Oregon 97223, or by calling (503) 639-4171. PUBLIC HEARING: SENSITIVE LANDS REVIEW [SLR] 98-0006 > FANNO CREEK TOWNHOMES SANITARY SEWER < The applicant has requested to install 112 lineal feet of 8-inch sanitary sewer line into the approximate centerline of the Fanno Creek sewerage trunk line. LOCATION: The property on the east side of the current nor- thern terminus of SW 76th Avenue; WCTM.2S112CD, Tax Lot 00100. ZONE: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.52, 18.68, 18.84, 18.85 and 18.164. M203 - Publish August 13, 1998. CITY OF TIGARD Community (Development ShapingA Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY. AUGUST 24. 1998 AT 7:30 PM. IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO(S): SENSITIVE LANDS REVIEW ISLRI 98-0006 FILE TITLE: FANNO CREEK TOWNNOMES SANITARY SEWER APPLICANT(S): Jeffery Danchok OWNER(S): Same 8475 SW Ernst Road Portland, OR 97225 REQUEST: To install 112 lineal feet of 8-inch sanitary sewer line into the approximate centerline of the Fanno Creek sewerage trunk line. LOCATION: The property on the east side of the current northern terminus of SW 76th Avenue; WCTM 2S112CD, Tax Lot 00100. ZONE: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.52, 18.68, 18.84, 18.85 and 18.164. 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. 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. SLR 98-0006 FANNO CREEK TOWNHOMES SANITARY SEWER NOTICE OF 8/24/98 HEARINGS OFFICER PUCLIC HEARING IF A PERSON SUBMITS EVIDENCE WUPPORT TO THE APPLICATION AF" AUGUST 3. 1998. ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS 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. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). 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 AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST 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 TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. 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 (25fi) 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, ASSOCIATE PLANNER AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. • N ^REDWOODLN Q q ~(1 i 2 egg a J I r SLR 98-0008 FANNO CREEK TOWNHOMES SANITARY SEWER NOTICE OF 8/24/98 HEARINGS OFFICER PUCLIC HEARING BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application for sensitive lands review ) FINAL ORDER for approval of a landform alteration to extend a sewer ) through a Sensitive Lands/Wetlands area and across ) SLR 98-0006 Fanno Creek in the City of Tigard, Oregon ) (Fanno Creek Townhomes) I. SUMMARY The applicant requests sensitive lands review approval for landform alterations and related construction work within a Sensitive Lands/Wedands area in the Fanno Creek floodplain and floodway. The applicant, Jeff Danchok, proposes to install a sanitary sewer line from the Fanno Creek Townhomes to an existing 36-inch sanitary sewer trunkline in Fanno Creek. Hearings Officer Larry Epstein (the "hearings officer") held a duly noticed public hearing to review the application on August 24, 1998. City staff recommended approval. There was no other oral or written testimony. The hearings officer approves the sensitive lands review as provided herein. H. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section III of the City of Tigard Staff Reported dated August 17, 1998 (the "Staff Report"), and the findings about public facilities in Sections V and VI of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the Staff Report. IV. HEARING AND RECORD 1. The hearings officer received testimony at the public hearing about this application on August 24, 1998. The record closed at the conclusion of the hearing. The testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Hearing Audio Tape), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. 2. At the hearing, city planner Mark Roberts summarized the Staff Report and the applicable approval criteria. He noted that the proposed alignment will require the removal of two trees. A third tree may require removal depending on final design. The proposed alignment will have the least impact. There is no feasible alignment that would not require removal of trees. He requested the hearings officer amend proposed condition 1 to delete the word "replacement" sewer. The applicant is proposing to construct a new sewer line. 3. No one else appeared at the hearing orally or in writing. V. EVALUATION OF REQUEST City staff recommended approval of the sensitive lands review based on the findings in section IV of the Staff Report. No one disputed those findings. The hearings officer concludes the findings in section IV of the Staff Report accurately reflect the law and the facts. The hearings officer adopts and incorporates those findings as his own. VI. CONCLUSION AND DECISION 1. Based on the findings adopted and incorporated herein, the hearings officer concludes that the proposed sensitive lands review complies with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws. 2. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected public agencies and testimony and exhibits received in this matter, the hearings officer hereby approves SLR 98-0006, subject to the conditions of approval in Section H of the Staff Report; provided, condition 1 shall read as follows: 1. The applicant shall provide a copy of the required Army Corps of Engineers permit to the City prior to construction of the sewer line. 2nd daygf-*ptember, 1998. Larry Epste , City of Tig a gs Officer Hearings Officer Final Order SLR 98-0006 (Fanno Creek Townhomes) Page 2 • "EXHIBIT A" PARTIES OF RECORD 0 (Written Public Testimony received at the hearing) NONE RECEIVED • "EXHIBIT B" TAPED PROCEEDINGS (Verbal recording of hearing including public, staff and Hearings Officer communications.) NOTE: Tapes are located in the Records Vault, Planning Section. "EXHIBIT C" WRITTEN TESTIMONY 0 (Applicant's materials and pertinent correspondence filed with Hearings Officer prior to Public Hearing.) • Agenda Item: Hearing Date: STAFF REPORT TO THE HEARING'S OFFICER FOR THE CITY OF TIGARD, OREGON CRY OF TIOARD Community DeveCopment ShapingA Better Community 120 DAYS = 11/13/98 SECTION I. CASE: APPLICATION SUMMARY FILE NAME: FANNO CREEK TOWNHOMES SANITARY SEWER LINE Sensitive Lands Review SLR 98-0006 PROPOSAL: The applicant has requested Sensitive Land Review approval to perform landform alterations and related construction work within wetlands, the 100-year floodplain and floodway in Fanno Creek to provide a sewer line connection of approximately 112 lineal feet to the existing 36-inch sanitary sewer trunkline in Fanno Creek. APPLICANTS: Jeff Danchok OWNERS: Same 8475 SW Ernst Road Portland, OR 97225 COMPREHENSIVE PLAN DESIGNATIONS: Medium Density Residential and Light Industrial. ZONING DESIGNATIONS: R-7;' Residential. The R-7 Zoning District permits standard urban, medium density residential detached and attached residential home sites and related utilities; and I-P; Industrial Park. The I-P Zoning District permits light manufacturing, office and complementary commercial uses. LOCATION: The site is located at the current northern end of SW 76th Avenue. The proposed sewer line would extend into the approximate centerline of Fanno Creek in an area generally south of the Renaissance Subdivision and northeast of the Bond Park Subdivision. WCTM 25111 CD, Tax Lot 00100. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.60, 18.62, 18.64, 18.84, 18.85, 18.100 and 18.164. SECTION II. STAFF RECOMMENDATION The Planning Division recommends that the Hearing's Officer find that the proposed project 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. Therefore, staff recommends APPROVAL subject to the following recommended conditions of approval: • 2.2 Auaust 24. 1998 7:00 PM 8/24/98 HEARING'S OFFICER STAFF REPORT SLR 98-0006 - FANNO CREEK TOWNHOMES SEWER TRUNKLINE PAGE 1 OF 7 • CONDITIONS OF APPROVAL PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be MARK ROBERTS, Planning Division (503) 639-4171.) 1. The applicant shall provide a copy of the required Army Corps of Engineers permit to the City prior to construction of the replacement sewer line. 2. Any temporary erosion control methods shall be removed upon completion of the project. Work areas on the immediate site shall be carefully identified and marked to avoid potential damage to trees and vegetation. Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside of the work area. In areas designated for selective cutting or clearing, care in falling and removing trees shall be undertaken to avoid injuring trees and shrubs to be left in place. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICERS' DECISION. SECTION III. BACKGROUND INFORMATION Site Historv: The site is presently undeveloped. The Fanno Creek Townhomes Subdivision that would be served by the proposed sewer line received preliminary approval on June 20, 1997 under Subdivision (SUB) 97-0004/Planned Development Review (PDR) 97-0002. The subdivision approval allowed the development of 11 townhomes. Vicinitv Information: This area is presently largely developed with detached single-family residences. The subject property has level areas above the 100-year floodplain that includes areas with wetlands and the 100-year floodplain. Site Information and Proposal Description: The applicant proposes to construct a main sewer line connection from an area north of a proposed private street to the existing sewer trunkline in Fanno Creek. This connection to the main line in Fanno Creek has been proposed because the site does not have another point of direct access to existing sewage facilities elsewhere. Extending other sewer facilities from the Bond Park subdivision also appears to be unfeasible due to intervening topographic changes between the site, the Bond Park Subdivision and the lower topography of the subject site. The applicant has had discussions with an adjoining property owner to acquire an easement to allow connection to existing sewer facilities within the Renaissance Subdivision to the north. However, the adjoining property owner is unwilling to sell an easement to the applicant for this purpose. 8/24/98 HEARING'S OFFICER STAFF REPORT SLR 98-0006 - FANNO CREEK TOWNHOMES SEWER TRUNKLINE PAGE 2 OF 7 • • SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Underl in Zoninq: The proposed sewer line connection crosses 2 zoning designations. The affected zoning designations are as follows Medium Density Residential (R-7); and Industrial Park (I-P). Within both of these zoning districts, a utility is designated as a Conditional Use. However, a sanitary sewer line has not previously been defined as a type of utility that requires Conditional Use Permit approval. Sensitive Lands: Section 18.84 contains regulations for lands within 100 year floodplains, floodways and wetlands that are subject to Sensitive Lands Review. Sensitive Lands Review of proposed developments in these areas is intended to implement 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. FloodDlain: Section 18.84.040(A) states that the Hearings Officer shall approve or approve with conditions an application for landform alterations within the 100-year floodplain based upon findings that the applicable criteria have been satisfied. The 100-year floodplain is impacted by the proposed sewer rehabilitation project as shown within the application materials. The following findings are applicable to address impacts of this proposal on the 100-year floodplain: 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. Upon completion of the project, the applicant has proposed to re- establish existing contours such that no rise in the floodway would occur as a result of this new sewer line connection. 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. Although a portion of the affected property is designated for residential use, the proposed land form alterations are not for the purpose of reclaiming current floodplain areas. For this reason, this standard is not found to be applicable. 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. Upon completion of this project, the applicant has proposed to re-establish the current floodplain elevation such that no net increase in the floodplain will occur. 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. Dedication of areas for a bicycle and pedestrian pathway is not appropriate because of the nature of the proposed landform alteration. As part of the subdivision approval, the applicant had proposed to 8/24/98 HEARING'S OFFICER STAFF REPORT SLR 98-0006 - FANNO CREEK TOWNHOMES SEWER TRUNKLINE PAGE 3 OF 7 • • dedicate a portion of the floodplain areas. The City could not require this dedication during the subdivision review or with this application because of the proportional impact of this development on the transportation and park system. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. For the reason mentioned above, it does not appear appropriate to require dedication and construction of a pathway as a part of the proposed sewer line connection. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. The applicant has now obtained Army Corps of Engineers and Division of State Lands Permits . The City has a copy of the Division of State Lands Permit but not the Army Corps of Engineers Permit. The applicant shall provide a copy of this permit to the City. 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. For the reason mentioned above, it does not appear appropriate to require dedication and construction of a pathway as a part of the sewer line replacement. Wetlands: Section 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 proposed landform alteration is within 25 feet of wetlands designated as Significant within the City's Water Resources Overlay which designates significant wetlands within the Comprehensive Plan. However, the Water Resources Overlay provisions permits work within these areas for underground utility purposes, subject to a Director's Decision that has been included with the proposed Sensitive Lands Review process. 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 applicant has proposed a sewer line connection to the existing trunkline within an alignment that minimizes the need for extensive tree removal. Two trees will likely need to be removed by this work as proposed. This entire section of the floodplain also contains wetlands, so it is not possible to entirely avoid construction impacts to wetlands. For these reasons, no additional disturbances appear to have been proposed beyond what is necessary to construct the sanitary sewer line connection. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated. Upon completion of this project, the applicant has proposed to re-establish wetlands that are impacted by this replacement work. 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 8124198 HEARING'S OFFICER STAFF REPORT SLR 98-0006 - FANNO CREEK TOWNHOMES SEWER TRUNKLINE PAGE 4 OF 7 • • surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening. The Division of State Lands Permit requires that native plantings that are removed as part of this project shall be replaced. All other sensitive lands' requirements of this chapter have been met. The applicable sensitive lands' requirements have been addressed elsewhere within this report. The provisions of Chapter 18.150, Tree Removal, shall be met. The applicant has proposed to provide an arborist on-site periodically, to work with the contractor to minimize disruption to the existing trees. The applicant's narrative states that it appears necessary to remove a minimum of 2 existing trees as part of this work. These trees do not appear to be located within Sensitive Lands Areas where tree removal permits would be required as stated within Section 18.150.030. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. These policies are implemented by the applicable standards of the Community Development Code that are addressed elsewhere within this staff report. Water Resources Overlay,: Section 18.85.070 requires the following criteria to be addressed for the proposed underground utility use because this area is designated a Water Resource Area: Alternatives Considered - This section requires the examination of upland alternatives for the proposed use, and explain why the proposed development cannot reasonably occur outside of the water resource and riparian setback area. The applicant has been unable to obtain a sewer easement from an adjoining property owner to the north to extend a sewer connection to the Renaissance Subdivision. Due to topographic reasons it also does not appear possible to make a sewer connection to the Bond Park subdivision to the south. For these reasons, the applicant has exhausted other options for making a sewer connection. Minimizing Siting Impacts - The applicant provided a site plan with sewer line alignments, profile plans and discussed the extent of the grading within the narrative report. The consulting arborist states that 2-3 existing trees will be impacted and may need to be removed as a result of this proposal. Because trees are scattered throughout the site in this area, it does not appear possible to entirely avoid trees with other sewer alignments. The wetlands delineation also found that wetlands are prevalent in this entire section of Fanno Creek. For this reason, avoidance of wetlands also does not appear possible with other sewer connection alignments. Construction Materials and Methods - Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. The applicant proposes to comply with all applicable Unified Sewerage Agency, Division of State Lands and Army Corps of Engineers construction standards and obtain all necessary agency permits which would address any required construction methods beyond those set forth in the recommended Conditions of Approval. 8/24/98 HEARING'S OFFICER STAFF REPORT SLR 98-0006 - FANNO CREEK TOWNHOMES SEWER TRUNKLINE PAGE 5 OF 7 0 • Minimize Flood Damage - On-site flood storage shall not decrease as a result of development. The applicant has proposed to restore existing contour elevations to their previous elevations so that no net increase of fill will occur in the floodplain. Avoid Steep Slopes - The existing and proposed sewer alignment areas do not contain slopes in excess of 25%. Although the site does contain areas with slopes in excess of 25% slope, the applicant has avoided these areas with the proposed sewer alignment. Minimize Impacts on Existing Vegetation - To address this standard a Condition of Approval has been required so that the following construction standards are met: 1. Any temporary erosion control methods shall be removed upon completion of the project; 2. Work areas on the immediate site shall be carefully identified and marked to avoid potential damage to trees and vegetation; 3. Trees shall not be used as anchors for stabilizing working equipment; 4. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area; 5. In areas designated for selective cutting or clearing, care in falling and removing trees shall be undertaken to avoid injuring trees and shrubs to be left in place; and 6. The applicant does not believe that any existing trees will need to be removed in order to complete this project. A Condition of Approval has been required concerning compliance with these specific standards during construction. SECTION V. OTHER STAFF COMMENTS The Building Division reviewed this proposal and offered the following comments: This project shall be constructed to Unified Sewerage Agency standards. No other comments or objections have been received. SECTION VI. AGENCY COMMENTS The United States Army Corps of Engineers reviewed this application and offered the following comment: The Department of the Army states that a permit has been obtained. The City will need a copy of this permit prior to commencement of work. 8/24/98 HEARING'S OFFICER STAFF REPORT SLR 98-0006 - FANNO CREEK TOWNHOMES SEWER TRUNKLINE PAGE 6 OF 7 The Division of State Lands reviewed this application and offered the following comment: A Division of State Lands Permit has been obtained and a copy has been provided to the City. No other comments or objections have been received. 7&~ 04 PREPARED BY: Mark Roberts Associate Planner APPROVED BY: i Acu rpl nUnarkr\sl r98-06.d ec Richard Bewe~~rff Planning Marfager Auaust 17. 1998 DATE Auaust 17. 1998 DATE 8/24/98 HEARING'S OFFICER STAFF REPORT SLR 98-0006 - FANNO CREEK TOWNHOMES SEWER TRUNKLINE PAGE 7 OF 7 - e OPEN SPACE TRACT C , U i I LWE03 RAT I I I I O I I 1 r I 3 4 ! OPEN SPACE TRACT 0, j ssu«w. j )WMH 0191 ~ ~ _ --I I I ~ MITARY PLOJC u I ISM 01CI- Iso-0-01A11 U-E o1 I - - - - - \ ssu« ws ssuH w1 ` I I ISOUH 01E I SS LAY ! --r I_.. -,.~-..~1 ( I O 11 Al 71 „e•' :-1 ISSWHSOUH WS 010' 6 NII I II PAIN EL7 iA RQVEIJp) I I I 8• SS VAI Y Emil I I I Z f ~ ~ ~ OOUOL( wA r[R SCRNQ'S ~ \ I I I Z /J . V P V _ Imo- I IO PROPERTY GOPHER (FW.)I I I - l-\~II\^II- BLOW dT ASSE4tBLYl.- I I / / I I a,•i I j /'///~//•/j _ I Y - I - ' WIS SIRAOOLE BLOCK (FYP.)1 I I I ` 1 rq~ k ,1 w E CRWt10H -A E HiCIE I I I 1 I Q t v RI(INC AM1EA 3 STAR 7 I I I WTLANO 60UNOA.1' 1 UNE Ir I PUBLIC V I : I § I I I /J-• - I NEFLAND BUFFER 25) BOUNDARY I Iv1 „ 1' PER US. A. 5TAN0ROS I L - I I I 07 GNC MA'XaoxYI 5D CLEA«WT (TW.) e jll I ssuHVx ,1 I g 25' 11 ' 10 9 I ( I I II ! I I OPEN SPACE TRACT F 1 1 I I (r1 { I I I j LL O V SITE PLAN CASE 'NNO CREEK TOWNHOMES EXHIBISANITARY "T ' SEWER LINE, MAP SLR 98-0006 -t 1 CITY of - \ CARDINAL LN GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP REDWOODLN SLR 98-0006 ass r_ ~ ~ r_ r_ r_ ' Fanno Creek i Townhomes Sanitary Sewer a ~o Jos 0 or yr ~y a~5 °z X000 QQ~ J O~ . ( JN 0 200 400 600 Feet V- 486 feet 1 ommm iq Derdopmeat ~"WX City of Tigard Wormatlon on this amp Is for penmat lo a a* and d wLM be valfled with ft Dslielopmert SwAoss MAsbm 13125 SW Hall Blvd I Tipa4 OR 97223 (503) 5394171 tttpllsww.dAgartar.us Plot dm )d I k 111$ c%ma0&w<i 0I.W T q • • Canyon Lane #402 Portland, OR 97225 PHONE: (503) 291-9398 FAX: (503) 291-1613 CIVIL ENGINEERING - SUBDIVISION PLANNING & DESIGN - LAND SURVEYING - CONSTRUCTION SURVEYING July 9, 1998 FANNO CREEK TOWNHOMES SENSTITIVE LANDS PERMIT Overview - The intent of this application is to receive approval for the construction of a sanitary sewer line within the 100-year flood plain. The applicant received approval with conditions for Fanno Creek Townhomes with subdivision application 97-0004 and planned development application 97-0002. The initial application showed the extension of two sanitary lines to this project. However, a sensitive lands review was not initially requested. Thus, now that the applicant has chosen to construct a sanitary sewer line within the 100-year flood plain, a sensitive lands review is now required. City of Tigard Code Section 18.164.090 states that sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Standard Specification Manual and the adopted policies of the comprehensive plan. It is necessary for the approved Fanno Creek Townhomes development to obtain a sanitary sewer connection. All other means for connecting to sanitary sewer have been researched. Our proposal is the only feasible means for connection to public sanitary sewer. Thus, approval of this sensitive lands permit will insure the property owner's right to develop this site to full potential. With this narrative the applicant has included 15 copies of a site plan, one full set of construction plans, an arborist report, relevant documents from the neighborhood meeting, and an application cover sheet. 18.52 Single Family Residential - RESPONSE: The applicant has already received preliminary approval for Fanno Creek Townhomes. A portion of the site is a single-family residential zone. However, a • • large portion of the site is considered wetland. A density transfer was requested, and approved. The townhouse layout shown with this site plan has already received preliminary approval. This request will simply allow the extension of a sanitary line within the 100-year flood plain to serve the single family residential portion of the site. 18.68 Industrial Park District - RESPONSE: The portion of this site that is affected with this application is within the Industrial Park District. The proposed sanitary sewer line is a public line. The Industrial Park District permits public support facilities within its boundaries. This application does propose a permitted use of its zone. 18.84 Sensitive Lands - RESPONSE: The proposed sanitary sewer line is located within the 100-year floodplain. Thus a sensitive lands review is required. A large portion of land where the construction of this sewer line is proposed is located within a wetland area. 18.84.026 GENERAL PROVISIONS FOR FLOODPLAIN AREAS: A. RESPONSE: This application does not propose any new building sites. This application proposes only the construction of an underground sanitary sewer line. B. RESPONSE: The applicant believes that all flood hazard areas identified on this site have been adopted to be a part of this chapter. C. RESPONSE: The applicant shows base flood elevation data within the submitted plans. Any additional information may be obtained from federal or state sources. D. RESPONSE: The applicant agrees with this subsection. E. RESPONSE: The applicant will construct this sanitary sewer line with materials resistant to flood damage. F. RESPONSE: The applicant will construct this sanitary sewer line with methods and practices that minimize flood damage. G. RESPONSE: This subsection does not apply. The applicant is requesting the right to construct a sanitary sewer line to his approved subdivision. H. RESPONSE: This subsection does not apply. The applicant is requesting the right to construct a sanitary sewer line to his approved subdivision. • • I. RESPONSE: The applicant will construct the proposed sanitary sewer line to specifications set forth by City of Tigard Engineering. J. RESPONSE: The applicant will construct the proposed sanitary sewer line to specifications set forth by City of Tigard Engineering. The applicant believes that these specifications will meet the criteria of this subsection. K. RESPONSE: This subsection does not apply. The applicant is requesting the right to construct a sanitary sewer line to his approved subdivision. L. RESPONSE: This subsection does not apply. The applicant is requesting the right to construct a sanitary sewer line to his approved subdivision. M. RESPONSE: This subsection does not apply. The applicant is requesting the right to construct a sanitary sewer line to his approved subdivision. N. RESPONSE: This subsection does not apply. The applicant is requesting the right to construct a sanitary sewer line to his approved subdivision. 18.84.040 APPROVAL STANDARDS: A. RESPONSE: The proposed sanitary sewer line will not result in any new impervious area, nor will it decrease the flood plain surface. This application is only for approval for the construction of a sanitary line to connect to an already approved subdivision. 2. RESPONSE: A majority of the area impacted on this site does maintain an industrial zoning. However, a portion of the impacted are maintains a residential zoning. The applicant is proposing the construction of public utilities. This construction is a permitted use according to this subsection. RESPONSE: The proposed construction of a sanitary sewer line will not result in any increase in the water surface elevation of the 100-year flood. 4. RESPONSE: The applicant does not believe that the construction of a pedestrian pathway is necessary for this application. As stated earlier, the applicant is merely requesting approval to construct a sanitary sewer line to an already approved subdivision. The original subdivision application did not deem the construction of a pedestrian pathway necessary. Thus, the extension of a sanitary line to the already approved subdivision should not require the 0 • construction of a pedestrian pathway. 5. RESPONSE: There is no proposed pedestrian pathway. This subsection does not apply. 6. RESPONSE: All necessary approvals have been or will be obtained. 7. RESPONSE: Sufficient open space has already been obtained by the city with the approval of Fanno Creek Townhomes. B. RESPONSE: The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use. 2. RESPONSE: The proposed land for 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. 3. RESPONSE: This subsection does not apply. The applicant is requesting the right to construct a sanitary sewer line to his approved subdivision. 4. RESPONSE: Any vegetation that is removed due to this construction will be replaced as per the enclosed plan developed-by a certified arborist. C. 1. RESPONSE: The proposed land form alteration will not create site disturbances to the extent greater than what is necessary to supply the approved subdivision with sanitary sewer service. 2. RESPONSE: The proposed land for 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. 3. RESPONSE: The water flow capacity of the drainageway is not decreased. 4. RESPONSE: Any vegetation that is removed due to this construction will be replaced as per the enclosed plan developed by a certified arborist. 5. RESPONSE: The existing drainageway will not be altered. The applicant has proposed the construction of a public utility to serve his already approved subdivision. No public facility should be required. 6. RESPONSE: All necessary approvals have been or will be obtained. 7. RESPONSE: Sufficient open space has already been obtained by the city with the approval of Fanno Creek Townhomes. D. 1. RESPONSE: As per the water resources overlay, placing public utilities within this significant wetland is a permitted use. 2. RESPONSE: The proposed land form alteration will not create site disturbances to the extent greater than what is necessary to supply the approved subdivision with sanitary sewer service. 3. RESPONSE: There is no encroachment or change in on-site or off-site drainage which will adversely impact wetland characteristics. 4. RESPONSE: Any vegetation that is removed due to this construction will be replaced as per the enclosed plan developed by a certified arborist. 5. RESPONSE: All other sensitive lands requirements of this chapter have been met. 6. RESPONSE: The provisions of Chapter 18.150, Tree Removal, will be met. The applicant has included a report drawn up by a certified arborist concerning tree removal. 7. RESPONSE: All applicable criteria has been satisfied. 18.85 Water Resources Overlay District - RESPONSE: All applicable criteria set forth within the water resources overlay will be met. The applicant is proposing only the construction of a public sanitary sewer line to serve the already approved Fanno Creek Townhomes subdivision. Within the applicant's original application, all applicable material was submitted and found complete. With this application the applicant has submitted all additional applicable material, including construction plans and an arborist report. The applicant is constructing the sanitary sewer line through the significant wetland area. Constructing public utilities within this area is upheld by the code. All other alternatives to the construction of this sanitary sewer line have been considered and found to be not feasible. 18.150 Tree Removal - RESPONSE: An arborist report has been submitted with this application. The arborist has shown what trees will need to be removed. No further mitigation will be necessary due to the fact that the number of trees destroyed by this action does not place the applicant into a higher level of tree accountability. As well, the arborist has included a tree protection plan to follow during construction of this sanitary sewer line. 18.164 Street and Utility Improvement Standards - RESPONSE: The proposed public sanitary sewer lines will be designed with the applicable criteria of this section in mind. The City of Tigard Engineering Department will approve construction plans for the sanitary sewer line before any permits can be issued. A 15-foot sanitary sewer easement has been shown on the enclosed plans. Neighborhood Meeting- RESPONSE: The neighborhood meeting was held on July 8", 1998. Copies of the minutes and a sign in sheet have been included with this application. As well, the applicant has included a copy of both the affidavit of mailing and affidavit of posting. -07-98 05:11P Collier Arbor Care q E R RBOR CARE July 7, 1998 Jeff Danchok 8475 SW Ernst Road Portland, OR 97225 503 774 7932 • P.02 Professional Tree, Shrub, & Lawn Care Since 1937 9032 SE Division, Portland, Oregon 97266-1449 Re: Tree report for proposed sewer line at Fanno Creek Townhomes at SW 76'4 Street, Tigard Dear Mr. Danchok, At your request, I am to evaluate the effects of the sewer line construction on the trees at the above site. I have previously written a tree preservation plan dated February 28`h, 1997 for the above site. I have received a site plan indicating the location of the sewer from Landtech. OBSERVATIONS I examined the site on July 2"d, 1998. 1 examined the trees that were located immediately adjacent to the proposed sewer line. There are approximately 4 to 5 trees adjacent to the sewer line that will be impacted from the trenching. The number of trees effected may not be precisely determined until the sewer line is staked out in the field. There may be more or less trees that may need to be removed when the exact location of the sewer line in relation to the trees is known. It is my understanding that an 8-inch diameter sewer line will be placed in a 3 to 4 foot wide trench, 6 to 8 feet deep. Portland (503) 774-9642 • Vancouver (360) 693-6056 • FAX(503)774-7932 printed on recycled paper 1-07-98 05:12P Collier Arbor Care Proposed sewer line tree report for Fanno Creek RECOMMENDATIONS 503 774 7932 0 page 2 of 2 It is likely that trees within 6 to 8 feet of the trench may need to be removed. With the current alignment 4 to 5 trees may need to be removed to allow for the construction. Another option would be to align the sewer trench approximately 10 to 15 feet south, and possibly only 2 trees may need removing. • Remove 4 to 5 trees within 6 to 8 feet of the proposed sewer line. (trees are circled on site map Appendix # 1). • Realignment of the sewer line to the south may only require 2 trees to be removed. • Protect the tree trunks and roots of adjacent trees from equipment digging the trench. Follow the tree protection specifications as outline in my February 23rd, 1997 report. Work to be done under supervision of the consulting arborist to help protect adjacent trees to remain. Please call if you have questions. Yours truly, e'a"l Terrill Collier Certified Arborist P.03 ©Collier Arbor Care, Inc. 7-7-98 T2E7 LV-(~ENL~ % Tit ~ ZD 'r ~R- Z O = -Q rv -i Y P E 5 Z a: o - lip 1~ OPE O N e G e 0 1 G.~O G p low OPEN SPACE t6 I , G ' G ~`b 0 V Q G I I G 0 s-Z S AI G Y 1~ Cq eAA~ * I V I G ° -11 lb -0 r•i O'\O ~ ~~G ' ~ G~j, I G - - T&O .A Iti6 ° d r ' 1 ,1 00 ~AO~~ I L S } • • 07/09/98 15:06 '8`503 684 7297 CITY OF TIGARD 0002/002 AFFIDAVIT OF POSTING NOTICE WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: City of Tigard PlanningI ivision 13125 SW Ball Boulevard Tigard, OR 97223 ~Pl- CJAU?l _ , do affirm that I am (represent) the party initiating interest in a proposed C_" C^ affecting the land located at (state the approx_irn~ate Iocatign(s) ¢ no addrSss(s) and/or tax lot(s) currently registered) 7`~e 401-14c,Acf' " ~7G ° - and did on theme. 23':!~day of ~ (-Q,-L -E-> 19 JL personally post no~l'pe,l;ldicating that the site may be proposed for a .;fir-ever 2.x,2" /k Se's ~p``plication, and the time, date and place of a neighborhood meeting to discuss the pfoposai. The sign was posted at _AZAe,1 &P 0~ ~e/~ 14 Pa r (state location you posted notice on property) Signatur n the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETEINOTARIZE) Subscribed and swom/affirmed befon Q OFFICIAL SEAL { BEVERLY A. JORDAN NOTARY PUBLIC-OREGON I COMMISSION N0.058747 1 j MY COMMISSION EXPIRES OCT. 22, 2000 ) me on the y day of 19~ NOTARY Pty C OF ORE N My Commission Expires: (Applicant, please complete information below for proper placement with proposed project) r,3,ME OF PROJECT OR PROPOSED ~TA~I~: I TYPE OF PROPOSED DEVELOPMENT: I Name ofApplicant/Ovmer. I Address or General Location of Subject Property.. I Suh'ect Pro a Taa Ma a and Lot s)- - I P rtY p() =lerstan - mu 2 A' 1 0 • AFFIDAVIT OF MAILING STATE OF OREGON ) ) SS. City of Tigard ) 6c, VX-ko k being duly sworn, depose and say that on 'T_u V( _ 23 19-, I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were eposited on the date indicated above in the United States Post Office located at 1<-t &y-o v -e-- . with postage prepaid thereon. Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETElNOTARIZE) Subscribed and sworn/affirmed before me on the ~ day of ri .(2 19~L%- - - . OFFI[CIALSEAL ANNETrE M RYAN i i NOTARY PUBLIC . OREGON e COMMISSION NO. 046686 ► MY COMMISSION EXP!FES AUG. 30.1 M. . NOTARY PUBLIC OF ORtIGON My Commission Expires: -99 (.-applicant, please complete information below for proper placement with proposed project) r----------------------------,~ -----------t-«c..o NAME OF PROJECT OR PROPOSED NAME: !-aw~t~ el< ~n v~,af (TYPE OF PROPOSED DEVEYP,M,E~ T: Name of Applicant/Owner. e n 1 Address or General Location of Subject Property. 0_1. 4-7,.-d o '7 Subject Property Tax Map(s) and Lot x(s): 7-S( lZ GN L©~ 194E> I n_uoqu~~paityvnastea~atsnaunst • June 23, 1998 RE: Fanno Creek Townhomes Dear Interested Party: I, Jeff Danchok, am the owner of the property located at the end of 76`s Ave, adjacent to 15760 76`s Ave., Tigard, OR, 97224.1 am considering proposing a sewer line extension across the flood plain of Fanno Creek, to the existing sewer main, all of which lies within my property boundary. Prior to applying to the City of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Wednesday, July 8`s Town Hall Room City of Tigard 13125 SW Hall Blvd Tigard, OR, 97223 6:30 PM Please notice this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please call me at (503) 323-3080 if you have any questions. Sincerely, Jeff Danchok r ~ . Tr•ansnado.* / Washington (OR) RefPcl : 2S112CA 13400 Phone: 503-639-1554 kfDte Name : Tigard City Of ' Bldg&F : SalePr Site ; *No Site Addre Bedrms : Total mail ; 13125 SW 1 Blvd Tigard Or. 97223 Baths La)7d live :9152 G KIity YrBlt Improv Census T-Bros: Acres ; 1.40 97-98 Tr Legal ; RENAISSANCE WOODS NO.2, TRACT D $/SgFt : $0.00 RefPcl : 2S112CA 13300 Phone: IlfrDto Name :Remiss W s No 2 Owners BIdgSF : SalePr ; Silo : *No ' e Add ss* Bedrms 7vta1 Mai! : 2 8th a West Unit Or 97068 Baths Land Use 002 V nt,Residenti d YrBlt Improv Census T-Bros: Acres . A8 97-98 Tx Legal : RENAISSANCE WOODS NO.2, TRACT C $/SgF-t. :$0.00 #3 RefPc-l : 2S112DC 01601 Phone: 503-639-1554 X,frD(e :12/31/90 Name : Tigard City Of BIdgSF : SalePr : Site : *No SAC: Ad ss* Bedrms : Total : $2,350 Mail : 13125 S Blvd Tigard Or 97223 Baths Land : $2,350 Use : 9152 Gov,City YrBlt Irnprvv Census . T-Bros: Acres ..94 97-98 T-c , Legal ; FANNO CREEK ACRE TRACTS, LOT PT 7, $/SgFt :$0.00 #4 RefPcl : 2S112CD 00100 Phone: XfrDte '08/01/97 Name : Dancho $'ery Carter BIdgSF ; SalePr : $290,000 Site : No to Addre;ss* Bedrms Total : $284,000 Wail : 8 5 SW Ernest Rd Portland Or 97225 Baths Land : $284,000 rise - 902 Vacant,Residential,Potential Devel YrBlt Improv Census ; T--Bros: Acres :2.84 97-98 Tx :$1,107.18 Legal : DURHAM ACRES, LOT 16, FANNO CREEK $/SgFt :$0.00 #5 RefPcl ; 2S112DC 01 0 Phone: A)5,Dte : 12/31/97 Name ; Pacific S Fe Corporation BIdgSF SalePr ; $515,000 Site : 15850 174 Ave Tigard Bedrms Total : $430,490 Mail :15 SW 17 th Ave Tigard Or Baths Land : $430,490 Use :3002 c Iudnstrial YrBlt Improv Census ; T-Bros: Acres ; 5.41 97-98 Tx : $4,009.53 Legal : FANNO CREEK ACRE TRACTS, LOT 1-2 & $/SgFt :$0.00 # 6 RL'/PcI ; 2S112DB 00800 Phone: AfrDte :09/10/92 Name : Johnson Orval D BIdgSF : SalePr site : 15515 SW 7 Ave Tigard 97 24 Bedrmv Total : $198,490 Mail : 15515 S 4th Ave Tig all r 97224 Baths Land : $198,490 Use ; 3002 acant,Iltdustri YYBIt Improv Census :308.0Z 3 T-Bros: 655 G6 Acres :5.60 97-98 2z :$1,884.01 Legal : FANNO CREEK ACRE TRACTS, LOT 8-10, $/SgFt : $0.00 #7 RefPcl 0 Phone: 503-620-7512 : 2S112 XfrDte : 09/06/96 Name : Cagtilc ey Bldg,4F : SalePr : $400,000 Site -.15715S Fgard 97224 / Bedrms : Total : $290,940 Mail : 8100 S Tigard Or 97224 XD, Baths Land $284,040 U,ce : 23 Mi rovement,Ind Zone YrBlt Improv -$6,900 Census ,308.02 3 T-Bros: 655 06 Acres -.4.65 97-98 Tk : $2,525.42 Legal : FANNO CREEK ACRE TRACTS, LOT PTS $/SgFt : $0.00 The Information Provided .eDevmedReliable,ButItNotGuarantsed. qn/-70'd 2669 t75z 209 33IO83S N3WO1S0o 170:Z0 6661:-6Z-Nnr 0 0 Transnafion / Wash nefon (CAP) #8 RejPcl : 2Sll2CA 13200 Phone: YfrDte : 09/02/93 Name : Hammock Jamie Le &t Janita B IBldgw : 2,595 SalePr '.$182,450 Site : 15508 SW 76th a Tigard 972 4 Bedrnts : 4 Total :$240,290 Mail : 15508 SW 76 Ave Tigard O 97224 Baths . Land : $60,060 Use ; 1012 Res,Itu roved YrBlt : 1993 Improv : $180,230 Census : 308.02 T-Bros: 655 G7 Acres :.13 97-98 Tr : $2,952.60 Legal : RENAISSANCE WOODS NO.2, LOT 56, 5/S4Ft :$70.31 #9 RefPc1 : 2S112CA 12100 Phone: XfrDte : 09/11/92 Name : Higginbotham Kent Linda D B147 :2,899 SalePr : $210,000 Site : 15511 SW 76th Tigard 97224 Bedrms : 5 Total -$259,460 Mail : 15511 SW 76 Ave Tigard Or 97224 Baths band : $60,060 Use : 1012 proved YrBlt : 1992 Improv : $199,400 Census :308.02 3 T-Bros: 655 G7 Acres :.18 97-98 7'x : $3,228.33 T,egal : RENAISSANCE WOODS NO.2, LOT 45, $/SgFt : $72.44 #10 RefPcl : 2S 112CA 131,00 Phone: Xfr0te ; 02/14/94 Name : G'esbrech rank & Helen BIdgSF :3,539 SalePr : $229,950 Site : t 5532 76th Ave Tigard 97224 8edrms : 3 Total :$293,170 Mail : 15 SW' 76th Ave Bard Or 97224 Baths Land : $64,700 Use 12 Res,Impro YrBlt : 1993 Improv : $228,470 Cen. : 308.02 3 T-Bros: 655 G7 Acres :.19 .97-98 Tx :$3,596.43 Legal : REN CE WOODS NO.2, LOT 55, $/SgFt ; $64.98 #11 - RefPcl : 2S112CA 13000 Phone: JifrDte : 07/07/93 Name : Hutton Brian D & Deb A BIdgSF : 2,809 SalePr : $236,,000 Site : 15566 SW 76thAv ' and 97224 Bedrms ; 3 Total : $288,400 Mail : 15566 SW 76th vc 'gard Or 97224 Baths Land : $64,700 Use : 1012 Resj ove YrBlt : 1993 Improv : $223,700 Census :308.02 3 - T-Bros; 655 G7 Acres ..17 97-98 Tx : $3,564.47 Legal : RENAISSANCE WOODS NO.2, LOT 54, $/SgFt : $84.02 #12 RgMcl ; 2Si12CA 12900 Phone: AfrDte : 10/16/92 Name : Goodpaster Ro d D & St phanie M BIdgSF :2,401 SalePr : $202,650 Site : 15588 SW 76 Ave Ti d 97224 Bed} ms : 5 Total ; $240,430 Mail 15535 SW 7 Ji A gard Or 97224 Baths Land :$60,060 Use ; 1012 Res, prw YrBlt : 1992 Improv :$180,370 Census ;.108.02 3 7=Bros: 655 G7 Acres ..14 97-98 Tx. : $2,976.17 Legal : RENAISSANCE WOODS NO 2 LOT 53, $/SgFt :$84.40 #13 RcfPel : 2SI 12CA 12800 ' Phone: 503-624-8596 XfrDte : 08/11/93 .Name : Hermann Jan s D B1dg9F :2,713 SalePr : $228,275 Site : 15610 SW 6th Av igard 97224 Bedrms : 3 Total : $263,240 Mail '15610 76th a Tigard Ot 97224 Baths Land : $63,060 Use 101 32es,I d YrBlt : 1993 Improv :$200,180 Census : 3 .02 3 T-tiros: 655 G7 Acres :,15 97-98 Tx : $3,279.78 Legal NAISSANCE WOODS NO.2, LOT 52, $/Sq'Ft : $84,14 Ps' #14 ' ItefPcl : 2S112CA 12600 Phone: 503-684-5873 XfrDte :11/16/92 Name : Collins CaMn & Nadia R BIdgSF :2r886 SalePr : $213,767 Site : 15617 SW 7 Ave Tigard 224 Bedrrns : 4 Total :$265,440 Mail ; 15617 SW 6th Ave Tig d Or 97224 Baths Land : $60,060 Zlse : 1012 Re , roved YrBlt '.1.992 Improv :S205,380 Census : 308.0 3 T-Bros: 655 G7 Acres :AS 97-98 Tx :$3,334.24 Legal : REN SSANCE WOODS NO.2, LOT 50, $/SgFt : $74,07 The Information Provided Is Dawned Reliable, But ly Not Guaranteed S0i20 ' d 2669 17SE z0S 39I r 13S N3WOlSm VP : ?A RAr T-r t-Nn r I a • Transnation / Washington (0,R) # 15 RefPcl Phone: : 2S11 XfrDle : 07/23/93 Name : HansL BIdgSF :2,786 SalePr ; $236,000 Site : 1562'gard 97224 / Bedrms : 3 Total : $278,210 Mail 7Tigard : 1562Or 97224 Baths band $63,060 Use A012 YrBlt 1993 Improv : $215,150 Cennis : 308.0 T-Bros: 655 G7 Acres :.14 97-98 Tx : $3,455.43 Legal : RENAISSANCE WOODS NO.2, LOT 51, $/SgFt : $84.71 #16 RefPel : 2S112CD 00200 Phone: 503-620-4367 XfrDle Name : Christensen Phillip E BIdgSF :1,448 SalePr : $95,000 Site : 15685 SW 76th Ave gard 9 /l4 Bedrms : 2 Total : $218,830 Mail : 15685 SW 76th a Tig Or 97224 Baths 'I'00 Land : $145,000 Use : 1912 Res,Im ed,P tial Development YrBlt :1948 Improv . $73,830 Cen.s-us :308.02 T-Bros: 655 G7 Acres : 1.88 97-98 ?''x :$2,212.06 Legal : DURI4AM ACRES, LOT 15, ACRES 1.88 $/SgFt :$65.61 #17 RefPcl : 2S112CD 00300 Phone: 503-639-7280 A'frDte : 06/29/90 Name :Patton Kent D 8c agcr BIdgSF :1,666 SalePr ; $150,000 Site : 15735 SW 76 'F5gard 97224 Bedrms : 3 total : $295,630 ?Mail - 15735 6 ve Tigard Or 97224 Baths ; 2.00 Land : $224,500 Use : 1912 Res,T aved,Potential Development YrBlt -.1920 Improv : $71,130 Census : 308.02 3 T-Bros: 655 G7 Acres : 1.88 97-98 Yk .$2,643.77 Legal : ACRES .88 $/SgFt : $90.04 # 18 RefPcl : 2S112CD 00400 Phone: 503-639-3264 - - XfrDte ` Name : Knauss Harvey BIdgSF : 2,027 SalePr : Site : 15760 SW 7 Ave Tig 97224 Bedrms ; 2 Total : $324,700 Mail : 14383 S cfarland d Tigard Or 97224 Baths :1.00 band : $260,000 use : 1912 s,buprove otentud Development YrBlt :1948 Lnprov : $64,700 Census :3 . 2 3 T-Bros: 655 G7 Acres : 2.13 97-98 a :$2,705.28 Legal : DURHAM S, LOT 9 & PT 8, ACRES $/SgFt : $0.00 o WOO; ed CO'i~ts The Information Provided IS DCOM0d Reliable. But Is Not Guaranteed. S0/b0'd E669 bSZ 28S 33If1 M d3wasn9 b0:Z0 866T-GT-Nnf FQ14AO ZJ~,Nf\) q7pv~Fvnll r r A,;V"-s - C4,; '1w" , //~O 1~ 0 vA 1 731 \ '2' GoaS Sp -eVerc'A (,CAS - C' 4k5 CQ L r cP, /\,rOV\.eS 12 Q- 6\r5 C1i T C-~ f `T f OBI d tea` CANk(' Y ~ 54-44 ~ ~ P9 r • AGENDA ITEM NO. 3 J~ 0 CITY OF TIGARD HEARINGS OFFICER ~ SIGN-IN SHEET 13 CITY OF TIGARD Community (Development Shaping ,A Better Community NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORD THEIR ADDRESS ON THIS SHEET....... .[Please PRINT Le -i~bl l AGENDA ITEM 2.3 DATE OF HEARING: 8/24/98 Page 1 of FILE NAME(S): ~I KNEZ SECOND FREESTANDING SIGN CASE NUMBER(S): I SIGN CODE EXCEPTION (SCE) 98-0001 OWNER(S) John and Jeanne Knez, Knez Building Materials APPLICANT(S): Same PROJECT LOCATION: II 8185 SW Hunziker Street MAP(S) & TAX LOT(S) NO(S). II WCTM 2S101 BC, Tax Lots 00100 and 00101. PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE PROPONENT (For the proposal) OPPONENT (Against the proposal) IPrIN Name/AddreuMP a Affi11adcn1 9WM Name/AddreUMP a WIN N Name: Name: Address: Address: City: State: Zip: City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: h Apatty\masters\sig n inho. mst • Scr 9,f- °o°/ COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9 2 0 4 BEAVERTON, OREGON 97075 Legal Notice Advertising • City of Tigard 913125 SW Hall Blvd. Tigard,Oregon 97223 • Accounts Payable • ❑ Tearsheet Notice • ❑ Duplicate Affidavit AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, ass. being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the`T'i Bard-Tiia 1 at i n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tiaard in the aforesaid county and state; that the Sian Cod -KNF, FreeStandina 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: _ADg11ct 1'A: 1 AAR Ydi A Subscribed and sworn to fo me thisl 3 t_h d ay of Ate q» s t , 19 9 8 ASOFFICIAL SEAL ROBIN A. BURGESS Nota uglic for Oregon NOTARY PUBLIC-OREGON My Commission Expires: COMMISSION NO. 062071 MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT The following will be considered by the Tigard Hearings Officer on Mon- day, August 24, 1998, at 7 P.M., at Tigard Civic Center - Town Hall, 13125 SW 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 18.3 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 SW Hall Boulevard, Tigard, Oregon 97223, or by calling (503) 639-4171. PUBLIC HEARING: SIGN CODE EXCEPTION [SCE] 98-0001 > KNEZ SECOND FREESTANDING SIGN < A request for a Sign Code Exception to allow a second freestanding sign along the site's SW Hunziker Street frontage. LOCATION: 8185 SW Hunziker Street; WCTM 2S 10113C, Tax Lots 00100 and 00101. ZONE: ".Light Industrial; I-L. APPLICABLE REVIEW CRITERIA: Com- munity Development Code Chapters 18.32, 18.70 and 18.114. r SUBJECT \ ~I `PARCELl \ TT9204 - Publish August 13, 1998. • • CRY OF TIGARD Community Devefopment SfiapmgA Better Communit PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY. AUGUST 24, 1998, AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: CASE NO: SIGN CODE EXCEPTION (SCE) 98-0001 FILE TITLE: KNEZ SECOND FREESTANDING SIGN APPLICANT: Knez Building Materials OWNER: . Same John and Jeanne Knez 8831 SE 137th Avenue Portland, OR 97236 REQUEST: The applicant has requested a Sign Code Exception to allow a second freestanding sign along the site's SW Hunziker Street frontage. LOCATION: 8185 SW Hunziker Street; WTCM 2S101 BC, Tax Lots 00100 and 00101. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.70 and 18.114. ZONE: Light Industrial; I-L. 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. 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 AUGUST 3. 1998, 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 THSEARING. A REQUEST THAT THE RepRD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY WEARING (ORS 197.763(6). 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 AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST 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 TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. 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 97223. 1. VICINITYMMAP f;ARDEN _ PL SCE 98-0001 KNEZ SECOND FREESTANDING SIGN 0 100 S00 ]00 100 FM tti ]I)!1M City of Tigard 11tl MomYm m M1 Oy011 b pM Iwwn aNw. D- YgIOb MI~O Ml1 25 1]10! 6W MY M (W3 a urn! 1!0]1 Q►11/1 mron....a.nF.a.ca , I i • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application for a sign code exception to Tigard ) FINAL ORDER Community Development Code § 18.114.130(D)(a)(iii) to ) allow a second free-standing sign for the property at ) SCE 98-0001 8185 SW Hunziker Street in the City of Tigard, Oregon ) (Knez Sign) I. SUMMARY The applicant, Knez Building Materials, requests approval of an exception to the sign code to allow a second free-standing sign for the property at 8185 SW Hunziker Street. Hearings Officer Larry Epstein (the "hearings officer") duly noticed public hearing on August 24, 1998 to receive testimony about the application. City staff recommended approval. There was no other oral or written testimony. The hearings officer approves the sign code exception as provided herein. H. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section III of the City of Tigard Staff Reported dated August 17, 1998 (the "Staff Report"), and findings about public facilities in the City Staff and agency comments in Sections V and VI of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the Staff Report. IV. HEARING AND RECORD 1. The hearings officer received testimony at the public hearing about this application on August 24, 1998. The record closed at the conclusion of the hearing. The testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Hearing Audio Tape), and Exhibit C (Written Testimony). These exhibits are filed at Tigard City Hall. 2. At the hearing, city planner Mark Roberts summarized the Staff Report and the applicable approval criteria. No one else appeared at the hearing. V. EVALUATION OF REQUEST City staff recommended approval of the sign code exception based on the findings in Section IV of the Staff Report. No one disputed those findings. The hearings officer concludes the findings in Section IV of the Staff Report accurately reflect the law and the facts. The hearings officer adopts and incorporates those findings as his own. VI. CONCLUSION AND DECISION 1. Based on the findings adopted and incorporated herein, -the hearings officer concludes that the proposed sign code exception complies with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws. J' t WA'.. 2. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected public agencies and testimony and exhibits received in this matter, the hearings officer hereby approves SCE 98-0001 (Knez Sign). DACTEDAhis 2nd day6-1P5eptember, 1998. Larry Eps Vin =-ings - " City of T g Officer Hearings Officer Final Order SCE 98-0001 (Knez Sign) Page 2 "EXHIBIT A" PARTIES OF RECORD 0 (Written Public Testimony received at the hearing) NONE RECEIVED • "EXHIBIT B" TAPED PROCEEDINGS 0 (Verbal recording of hearing including public, staff and Hearings Officer communications.) NOTE: Tapes are located in the Records Vault, Planning Section. • "EXHIBIT C" WRITTEN TESTIMONY 0 (Applicant's materials and pertinent correspondence filed with Hearings Officer prior to Public Hearing.) Agenda Item: Hearing Date: STAFF REPORT TO THE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON SUMMARY OF THE REQUEST 120 DAYS = 11/2/98 SECTION I: FILE NAME: CASE NO: PROPOSAL: APPLICANT: COMPREHENSIVE PLAN DESIGNATION: ZONING DESIGNATION: LOCATION: APPLICABLE REVIEW CRITERIA: SECTION II: KNEZ SECOND FREESTANDING SIGN Sign Code Exception CITY OF TIGARD Community (Development ShongA Better Community SCE 98-0001 The applicant has requested a Sign Code Exception to allow a second freestanding sign along the site's SW Hunziker Street frontage. Knez Building Materials John and Jeanne Knez 8831 SE 137th Avenue Portland, OR 97236 Light Industrial; I-L. OWNER: Same Light Industrial; I-L. The I-L Zoning District provides sites for light manufacturing and related services. 8185 SW Hunziker Street; WCTM 2S101 BC, Tax Lots 00100 and 00101. Community Development Code Sections 18.70 and 18.114. STAFF RECOMMENDATION The Planning Division recommends that the Hearing's Officer APPROVE the above request subject to the findings contained within this report. 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 1 OF 4 2.3 Auaust 24.1998 7:00 PM • • SECTION III: BACKGROUND INFORMATION Site Historv: The subject properties have been designated as Light Industrial since the Comprehensive Plan was adopted in 1983. The properties are presently developed with 3 industrial buildings. Two of the 3 buildings are on Tax Lot 00100. Tax Lot 00100 was largely developed under Site Development Review (SDR) 91-0001/Sensitive Lands Review (SLR) 91-0001 which permitted a 48,800 square foot Knez Materials Warehouse building. The applicant also owns the warehouse on the adjoining Tax Lot 00101. In 1992, the applicant was issued a sign permit for a 42 square foot freestanding sign that was constructed in front of the new Knez Building Materials Warehouse. The applicant recently received Minor Modification approval to add a 7,864 square foot inventory material cover to the rear of the newer building materials storage building on Tax Lot 00100. Other than the proposed Sign Code Exception, the City has no record of any subsequent land use applications for this site. Vicinitv Information: The subject properties are within a developed industrial area. The subject properties are immediately adjoined by wetlands areas to the north and east. To the west and on the south side of SW Hunziker Road, the property is adjoined by industrial uses. Site Information and Proposal DescriDtion: The applicant has requested an exception to the City's signage standards that restrict a Light Industrial use to no more than 1 freestanding sign. The applicant has requested an additional freestanding sign. The subject properties are presently developed with 3 industrial buildings on 2 parcels. The applicant has proposed a second freestanding sign along the SW Hunziker Road frontage on Tax Lot 00100. Tax Lot 00100 is a 3.98 acre parcel that contains 2 of the industrial buildings and the existing freestanding sign. The applicant also owns a 3.82 acre parcel that has no direct street frontage. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: 4 Signs: Section 18.114.130 (D)(a)(iii) states that one multi-faced, freestanding sign shall be permitted. The applicant was previously issued a sign permit for a 42 square foot freestanding sign. Because the applicant's tenants on an adjoining parcel (Tax Lot 00101 which is to the north of Tax Lot 00100) have no street frontage, the applicant has requested an exception to develop an additional freestanding sign. This would allow a total of 2 freestanding signs along the site's SW Hunziker Street frontage. The additional signage area is proposed to serve current and future tenant configurations. Sian Code Exceotions: Section 18.114.140(A) states that the Hearings Officer may grant exceptions to the requirements of this chapter when the applicant demonstrates that, owing to special or unusual circumstances relating to the design, structure or placement of the sign in relation to other structures, the literal interpretation of this chapter would interfere with the communicative function of the sign without corresponding public benefit. The applicant provided findings related to the general 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 2 OF 4 • • standard that allows for the Sign Code Exception process. Section 18.114.145 reviewed below, provides the actual approval criteria that must be met in order to approve an exception to the development standards of the Sign Code. Annroval Criteria for Exceptions to the Sian Code: Section 18.114.145(A) states that the Hearings Officer shall approve, approve with conditions, or deny a request for an exception to the sign code based on findings that at least one of five criteria are satisfied. 1. The proposed exception to the height limits in the sign code is necessary to make the sign visible from the street because of the topography of the site, and/or a conforming building or sign on an adjacent property would limit the view of a sign erected on the site in conformance with Sign Code standards. The second freestanding sign has been proposed for additional site identification. The applicant has not proposed an exception to the allowable height limit. 2. A second free standing sign is necessary to adequately identify a second entrance to a business or premises that is oriented towards a different street frontage. Presently, the 2 tax lots have several driveways onto SW Hunziker Road, however, the tenants on Tax Lot 00101 have limited street exposure to SW Hunziker Road. Due to environmental and development constraints, the site has no other existing street frontages nor is likely to have other street frontages in the future. 3. Up to an additional 25 percent of sign area or height may be permitted when it is determined that the increase will not deter from the purpose of this chapter. This increase should be judged according to specific needs and circumstances that necessitate additional area to make the sign sufficiently legible. The increase(s) shall not conflict with any other non-dimensional standards or restrictions of this chapter. Neither the proposed nor existing freestanding signage would exceed the 20-foot maximum height limit for freestanding signage. The applicant has not requested an additional sign area or height within the applicant's narrative. For this reason, this criterion is not applicable. 4. The proposed sign is consistent with the criteria set forth in Subsection 18.114.130.G of this chapter. This section refers to additional allowable sign height and area that are found to be permissible through the original design review process for the use that is developed on the property. This criterion is not applicable because the applicant has requested an additional sign, not sign area or height in excess of the minimum that is permitted. 5. The proposed exception for a second freestanding sign on an interior lot that is zoned commercial or industrial is appropriate because all of the following apply: A. The combined height of both signs shall not exceed 150 percent of the sign height normally allowed for one freestanding sign in the same zoning district, however, neither shall exceed the height normally allowed in the same zoning district. This criteria applies because Tax Lot 00101 has no direct street frontage, as required within the general allowance for this type of exception. B. Neither sign will pose a vision clearance problem or will project into the public right-of-way. Neither sign would be located within a Clear Vision area. If approved, the new sign will be reviewed for compliance with Clear Vision standards. C. Total combined sign area for both signs shall not exceed 150 percent of what is normally allowed for one freestanding sign in the same zoning district, however, neither shall exceed the height normally allowed in the same zoning district. The Light Industrial Zoning District permits 70 square feet 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 3 OF 4 • • of sign copy area. If multiplied by 1.5, a maximum square footage of 105 square feet between the 2 signs is permitted. The existing sign is approximately 42 square feet. The proposed sign area would be 43 square feet. The combined signage of approximately 85 square feet would not exceed the maximum allowable area limitation. Neither sign would exceed the 20-foot height limit allowed for freestanding signs in the Light Industrial Zoning District. Section 18.114.145(8) states that in addition to the criteria in A above, the Hearings Officer shall review all of the existing or proposed signage for the development and its relationship to the intent and purpose of this chapter. As a condition of approval, the Hearings Officer may require: Removal or alteration of non-conforming signs to achieve compliance with the standards contained in this chapter. In addition to the existing freestanding monument sign, the newer Knez Building Materials Warehouse on Tax lot 00100 has a wall sign that appears to comply with maximum wall coverage standards. A directional sign is also existing near one of the driveways but was not found to be in violation of signage standards. No other signage was noted. For these reasons, it is recommended that this standard be found to be not applicable to this request. Removal or alteration of conforming signs in order to establish a consistent sign design throughout the development. A permit for the other existing freestanding sign has been issued for this site. This sign does not need to be removed because it complies with current sign code standards. Although the proposed sign and the existing sign would not match each other in terms of finish materials, both are low profile monument signs. The existing sign was originally constructed to advertise the Knez Building Materials use that occupies much of this building complex. The proposed sign is to advertise additional tenants that are not related to the Knez use. Because these signs would serve different uses on these properties, it is not apparent that having them match each other in terms of construction materials is necessary. Application for sign permits for signs erected without permits or removal of such illegal signs. No illegal signage was noted during a recent site inspection. For this reason, it is recommended that this standard be found to be met for this request. SECTION V: OTHER STAFF COMMENTS No other comments or objections have been received concerning this request. SECTION VI: AGENCY COMMENTS No other comments or objections have been received concerning this request. 7P~4 Q&J4~1 Auaust 17,1998 PREPARED BY: Mark Roberts DATE Associate Planner, AICP i Auaust 17,1998 APPROVED BY: Richard Bewer o DATE Planning Mana e is\curpln\sce-98-01. dec 8/24/98 HEARING'S OFFICER STAFF REPORT SCE 98-0001 - KNEZ SIGN CODE EXCEPTION PAGE 4 OF 4 I 1 z 0 7 a~ c~ z z zQ a o°c a 0 r_ I 1_ nd .950 Knez Second FSeesta SCE 98.0001. BST MAp ~ 0 -ARDEN - m, / SUBJECT PARCEL ,`z, GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP SCE 98-0001 KNEZ SECOND FREESTANDING SIGN A N :ommunity Development 11 0 100 200 300 400 Feet 15 327 feet City of Tigard WarmMan on tHs map is far general location Orly and shoadd be veiled Wth the Deveiopmert SeMces 010slor 13125 SW Hatt INA Tigard. OR 87223 (503) 63.44171 http'!/www.d.0 gard.crAn Plot date: Jul 21, 1998; cAmaglc\magic01.a • CRY OF TIGARD SIGN CODE EXCEPTION APPLICATION 13125 SW Half Stvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297 Property Address/Location: 81 85 SW Hunziker Tiqard, OR. 97223 Tax Map & Tax Lot 100 & 101 Site Size: 5.93 AC. 2SWBL, Tax Lots Property Owner/Deed Holder(s)`: John & Jeanne Knez Address: 8831 SE 137th AVE. Phone: 620-6142 City: Portland, OR. Applicant: " Owner " Address: City: Zip: 97236 Phone: Zip: PRE-APP. HELD WITH DATE OF PRE-APP.: Case No.(s): Other Case No.(s): Receipt No.: Application Accepted By: Date: Date Determined To Be Complete: Comp Plan/Zone Designation: • When the owner and the applicant are different people, the applicant CIT Area: must be the purchaser of record or a lessee in possession with written Rev 8M M bcwP1nVnastem\3M&doe authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY REQUIRED SUBM1nAL E.LEMENM The owners of record of the subject property request a Sign Code Exception to allow (please be specific): Application Elements Submitted: installation of a 49 square foot illuminated; p Application Form monument siqn @ the West edge of Tax lot .100 0 Owner's Signature/Written Authorization use, to service the tenants in building C located ID Title Transfer Instrument or Deed ueq p Site/P(ot Plan on Tax lot 101, a land locked Tax lot of copies based on pre-app check list) 10 Site/Plot Plan (reduced 8'/i"x 11) 14e 4 directly behind Tax.lot 100, while retaining :1 p Applicants Statement the 4' high KNEZ sign in front of Building B I of copies based on pre-app check list) 0 Filing Fee $690.00 ~ Ktel on Tax lot 100.,"See Attached Drawings" 1 May 26, 1998 Mr. Mark Roberts City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mr. Roberts: Mr. John Knez Knez Building Materials 8185 SW Hunziker Rd. Tigard, OR 97223 We appreciate your consideration of our sign code exception. We currently have a low sign approximately 48" tall, with 12" letters and no illumination in front of our building B on tax lot 100, which simply says "KNEZ". Since we built this sign we have acquired tax lot 101 with building C behind our original facility. We currently have 2 tenants in our building C, Freedom Wholesale, Inc. and Gray Brothers for whom we would like street sign exposure along with any future tenants we may add to the park. We ask for this consideration because tax lot 101 is land locked and has no street frontage for signage. Our proposed sign meets your code requirements 18.114.145 paragraph A. 4. Please let us know if you have any questions or need additional information. Our phone number is 620-6142; our fax number is 620-2405. Sincerely, John Knez FORM No. 964-Srevens•Na3s Law Publishing Co., Portland, Ore. 97204 14= ri TA ~1OUeer iVauvtf WARRANTY DEED-STATUTORY FORM Ln's1-r1rce CoLnp W CORPORATE GRANTOR U. S. NATURAL RESOURCES, INC. a Delaware Corporation a corporation . duly organized and existing under the laws of the State of Vela-war.e.................... Grantor, conveys and warrants to JOHM..S....-KNEZ,...SR....and..JEANNE..U....KNE2.,...husband..And--wif e., Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in J Washington. ...County, Oregon, to-wit: I ~ ZT- c(~ i~ ~I As described in Exhibit "A" attached hereto and made a part hereof. _ DOCUMENTARY to OREGON Y . ti < * ' 00 _ 3 60 o MAR28 18 . Z o toasa , (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) The said property is free from all encumbrances except subject to the statutory powers, including the power of assessment of the Unified Sewerager Agency of Washington County; Rights of the public in streets, roads and highways; Easement recorded 3/19/59, Book 415, page 514; Easement recorded 12/10/71, Book 846, page 625; Easement recorded 10/26/73, Book 950, ngg ge 838; basement recorded 9/17/75 ggogk 1p44, a e 495. T e true consideration for this conveyance is $.161., .0. ...UU...... gyre comply with the requirements of ORS 93.030) Done-by order of the grantor's board of directors with its corporate seal affixed on.-March 19..78. U.....5.-...1`? T.. E`OURCES.....INC.------...-. (CORPORATE SEAL) ..............President By ....................Secretary 19..... STATE OF OREGON, County of ......MU LTNOMAH ss: March 20 78 Personally appeared Ri-c.t1 amd....H......1-a d........................... and l i c ha el .....M. .M o-y e r who, each being first duly sworn, did say that the former is the ........................president and that the latter is the -,t TT - I ATURAL..RESQURCES-,....INC a corporation, and that the seal affixed to the foregoi g instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf f said corporation by authority of its board of directors; and each of them acknowledged ..........................................said-instrument-to..be its voluntary act and deed. (OFF1C1 ESkti) M. F R A N C E Before me:.1 JQ~% ~..../..-P,:.-...C.~G-C,.s.~.a.................. NOTARY PUBLIC - OREGOk Notary Public for Oregon; My commission My ('Ut"1111b:51W c I U. S. Natural Resources, Inc. GRANTOR John S . Knez , Sr . & Jeanne M.GRKm a¢ GRANTEE'S ADDRESS. ZIP After recording return to: Hf. . aird i4r-s . J4)hI'. G • aCZZCL , S_r_. SPACE RESERVED PtOr14t , ..,...MT.-1"SURA" E-CG11 r IPA FOR o , U RECORDER'S USE FORTLAiJU;rvZ. i~ ~ ..2.. ~ a- Until a change is requested, all tax statements shall be sent to the following address: Mr and Mrs. John S. Knez, Sr. NAME. ADDRESS. ZIP ~I STATE OF OREGON _Ss. County of I certify that the within instru- ment was received for record on the ----------------day of 19........, at ..................o'clock --....M., and recorded in book ................on page ................or as file/reel number Record of Deeds of said County. j Witness my hand and seal of County affixed. i Recording Officer 'I By ....Deputy EXHIBIT "A" Description of a tract of land located in the Northwest 4 of Section 1, Township 2 South, Ranee 1 West, Willamette Meridian, Washington County, Oregon being more particularly described as follows: Commencing at the Northwest corner of the W.W. Graham D.L.C.; thence South 82055'00"East 123.00 feet to a I" iron pipe; thence South 82128'52" East 210.75 feet to a 1" iron pipe marking the Northwest . corner of that tract conveyed to Thomas W. and liinta Saddler in Deed Boob: 166, Page 71; thence South 12°24' 00" West along the West line of said Saddler tract 560.89 feet to the Point of Beginning; thence, from said Point of Beginning, continuing along the lest line of said Saddler tract, South 12°24'00"*Vdest 273.54 feet to a point on the Northerl right of. way line of Hunziker Road, said line being thirty (30.00 feet, when measured at right angles to, the centerline of said 11unziker Road; thence along said Northerly right of ;-.ray line, South 60159'00" East- 302.64 feet; thence North 12024'00" East 360.63 feet; thence North 77142'29" West 290.00 feet to the Point of Beginning and containing 2.11 acres. STATE OF OREGON County of Washington SS I, Roger Thomssen, Director of Records and Elections and • Ex-Officio Recorder of Con- veyances for said county, do hereby, certify that the within instrument of writing was received and recorded in • book -of records No of said County Witness my hand' and seal affixed. ROGER THOMSSEN, . Director of Records & Elections, Deputy 1433 MAR 18 312 PH '78 INDEXED ,,,R . „o.o, t a uuamnp ~o.. t otuuua, Use, vilun _ TA 11~; • WARRANTY DEE1)--STATITTORV F09 I^~ H nny ~ 1:i6e, LwLvanco Comp 79008o I J CORPORATE GnANTOR U. S. NATURAL RESOURCES, TNC. , it corporation • duly organized and existirig under the laws of the State of Grantor, convcys and warrants to ...JOHN. S...KNEZ, . SR..A D....II;ANNL'..M....KNEE.,--.l~u.sbaAtl...a.nd...wife.. Grantee, the following described real property free of encumbrances except as specifically set forth herein situated in Na.shington ..................County, Oregon, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. **Joint Access Agreement between U. S. Natural Resources, Inc., a Delaware corporation and John S. Knez, Sr. and Jeanne M. Knez, husband and wife.' IIF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) The said property is free from all encumbrances except statutory powers, including the power of assess- ment of the Unified Sewerage Agency of Washington County; rights of the public in streets, roads and highways; sewer line easement, recorded 12/10/71 in Book 846 page 625 (affects a portion within Hunziker Road); sewer line easement, recorded 10/26/73 in Book 950 page 838; slope easemert , recofde 9/17/75 in $ook 1044 page Xq9q5 (aff cts. So therly 40 feeft8a d ~1@w*' The true consr eration or t is conveyance is "107--50-01'.-00 (Here compely witfi tie requirements o 12S 3.030) Done by order of the grantor's board of directors with its corporate seal affixed on.Rebruary....27..th........... 19.79... S,.....I&C,................................ U... ...NATURAL..RESO.URC L resident ~ (CORPORATE SEAL) . By By ....................................................................:..........:..Secretary STATE OF OREGON, County of ......Multnomah ............)ss: .February....2.7..tb............................................. 19....7.9... Personally appeared ..Donald...R...... B.e.chen and who, each being first-duly sworn, did say that the former is the..... Vice........ president and that the latter is the secretary of ....U S_.-•.NATURAL. ,.RRSQUR.C.ES-,.... INC a corporation, and that the seal " affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corpo ration by authority of its bo of directors; an a ch of them acknowledged ,arl f said instrument to be its voluntary act and deed. (OFFICIAL SEAL Before me: .t_.~......... Notary Public for Oregon; My commission expires:.... 10.-29-82. WARRANTY DEED ..[I......S......NAT.URAL...RESOURCES IN.C STATE OF OREGON { GRANTOR -Ss. 1 GRANTEE .KNEZ.,....J.OHN... S...,..S.R....4...JEANNE...M.......... County of . 7 -A.$- .41-4 it.n -441!4., ..,cl.„- GRANTEE'S ADDRESS. ZIP After recording return to- f_ 'e \ ~V DOCUMENTARY'= OREGON 1 t r n tr ..a, f;ttt 1r~171~ ~tU {t ~ ` C~~ 1 TAX z cv J n. ►1. 6 . i ....4.2..1...S....VJ............ A OREGON 97204-- N RTC PO "-1 MAR-1'79 1 0 8. 0 - - , . Attn:.... Alta C....Andrews..........IP....:~.~.yJ.~C--~ loee9 1 - NAME. ADDRESS. ZIP .f County affixed. Until a change is requested, all tax statements j shall be sent to the following address: Mr.....&._.Mrs ~...Jahn..S.....Knez, .Sr.. 8185...S_.W...... Hunziker Recording Officer Tigard -r----Oregon .g.7.,2.3 2 Deputy By . . . . N ZIP . A DDREESSSS. ZIP AM N E . A / E X H I B I T " A" A portion of that tract conveyed to '?somas W. Saddler, et ux, by deed recorded in Book 166, page 71, Washington County Deed Records, .said tract located in the Northwest quarter of Section 1, Township 2 South, Range 1 West, Willamette :Meridian, Washington County, and more particularly described as follows: Beginning at an iron pipe which lies South 82° 30` Last 335.68 feet from a stone at the Northwest corner of the W.W. Graham D.L.C. No. 39 and going thence South 12° 12' West 844.2 feet to an iron pipe on the Northerly line of a 40 foot wide public roadway; thence continuing South 12° 12' West 21 feet to a point on centerline; thence on centerline South 600 51' East 477.5 feet to a point; thence North 12° 121- East 21 feet to an iron pipe on the aforesaid Northerly line of the roadway; thence continuing North:12. 12' East 1021 feet to a store; thence North 820 30' I-lest 458.3 feet to the true point of beginning. EXCEPTING THEREFROM the West 290 feet an measured by a line drawn parallel with and measured at right angles to the West line of the above described tract; FURTHER EXCEPTING any portion lying within that tract conveyed to John S. Xnez, Sr., et ux, by deed, recorded in Fee No. 78-14373,- Washington County, Records. ALSO EXCEPTING those portions deeded to the City of Tigard as a public right of way by deeds recorded in Book 986, page 291, and in Look 1044, page 495, Washington County Records.-,------------- STATE OF OREGON C> SS County of Washington I, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county. ROGER THOMSSEN, Director of Records & Elections 6xi 1?d INDEXED I U- 1 213 Pit '79 t22 J tATE OF Of _ d0N s • County of ofAea sS of A Clark to to L-~T an d~ rtllylw T wYn S * ssla ' * RStM'kV*A. Ea- Doc : 96115606 Rect: 177979 1273.00 12/31/1996 02f53:45pa 4 1-9 cry. UMM"o a uGlvL. %.nc, r.~,. JVOLGL!GVI VJ/ealtic e:iermije= rfnooiraye J)lU • • Aft rooordtag, reu m to: <<~~ CCCAnn CalIabaa 20 JUM, Doecke dt Harris tntNracMN coutrtv 1150 Pionorr Tower ' a" Mowry ratwts ?Ax 888 SW Fifth Avenue f.~,BQ~QQ+ a-m-w Portland, Oregon 97204-2096 M ttlp oaTE U.S. NATURAL RESOURCES, INC., a Delaware corporation, Grantor, conveys and specially warrants to KNEZ REALTY GROUP, an Oregon limited liability ootnpany, Grantee, the real property in the City of Tigard, Washington County, Oregon, de=ibed as Parcel I on anaehed wit A ("Parcel 1"), free of encumbrances created or bD suffered by the Grantor except as specifically set forth in said lEEMit A (with only covenants of special warrauty as described in ORS 93.855); TOGETHER WITH an appurtenant easement for-access and egress to and from Parcel I, which easemea is desen1W as Parcel lI on attached Exhibit A (without covenants or warranty as to said easement), all subject to the terms and conditions set forth oa attached P~ht~11.9~ x RESERVING UNTO GRANTOR (and its successors and assigns) an eaw=nt and Z right of way: (1) for the ruairurnance, use, operation. replacement, improvement and ra removal of the existing elecuic transmission and/or d"umn'bution lines and such other conduits, cables and wires and other mechanisms useful for the transmission of power, signals, r, telephonic or other information, and related facilities, as may curreatly exist or be attached to the facilities currently on Parcel I and serving Grantor's adjacent property more particularly described on attached Exh",bJ ("Grantor's Property") (provided that Grantor and Graft e shall share equally in the cost of maintaining such lines, poles and facilities to the extent such serve both Parcel I and Grantor's Property; provided that each party shall be responsible for extraordinary damage to the extent caused or contributed to by such party); and (2) for the maintenance. use, operation, replacement, improvement and removal of the existing 8-inch sprinkler feed tine, post indicator valve, sprinkler alarm control box and all other related'sprinkler system facilities serving Grantor's Property but currcAtly existing on Parcel I. The rights reserved herein include the rigbt of reasonable access thereto for such purposes, provided, subject to such reasonable access, Grantor's, entry onto the casement area for maintenance. replacement, improvement or removal purposes shall not unreasonably interfere with Grantee's use of the casement area. To the extent the sprinkler systun referenced in (2) above currently serves both Parcel I and Grantor's Property, the parties shall share equally in the cost of repair, maintenance and replacement of common elements Until a change is requested, all tax statements shall be sent to the following address: KNEZ REALTY GROUP. LLC 8185 SW Hunziker Road Tigard, Oregon 97223 Z • • of the system sad shad Cash bear the 0061 of tgzir, maintenance and ceFLoeam of tbosc pottiow solely serving its property; provided that each patty shall be responsible for extraordinary damage to the extant caused or contributed to by such pony. In the event Oruitor perau=Ay relocates any of the facilities covered by the above rieservadon off of Patoel Y, at Orsmtee's request. Grantor shall provide Granter a recordable document modifying the applicable reserved easement to exclude the relocated facility. PmvIdcd flrrtheT, however, with respect to the sprinkler alum control box refemacod in (Z) slave, that if Grantor traatifcr= Grantor's Propety to one other than Grawae or an affiliM of Gtw ter, except ft transfers by opcrstion of law or uansmctiow with Grantor's affiliates and subsidiaries or to any entity or entities acquiring all or mftunWy ap of the assets of C+aa car's sawmill equipment mauufscuuirig business (Grantee, Grantee's affiliata and Grantor's peer shied transferees collectively ieferrrd to as 'Third-Party Traasfetm-). Grantor and Grantee stall share equally in the cost of separating the sprisWer system controls and relocating Grantor': sprialer system control box onto G=oes Property. Gontor shall hvk=4, hold harmless. and at Grzwee'3 election, defend Gnwtoe and Grantee's officers, shareholders. to tubers, affilimes, employees, tetutnts, guests and agents for, from and against nay and all claims. loss, damage, expense and liability for injury io or illness or death of any person. or injury to, loss or destruction of any property w the extent resulting from or arising out of the use by Grantor of the easement acrd right-of-way itsetved by armor herein, or the conduct of Grantor or any contractor, agent, employee, invitee. tenant or permim of Grantor, or its successors and assigns with respect to the use of the casement and right-of-way. The true comidenWon for this comcyawe is ONE MJ.UION ONE HUNDRED EIGHTY THOUSAND DOLLARS ($1,180,000). TIaS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRMED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TrME TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERY APPROVED USES AND TO DETERMINE ANY IM41TS ON LAWSMS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. DATED as of the 31st day of Dee tuber, 1996. GRANTOR: U.S. NATU$AL R4SOURCES, INC., a Dclaw Jocvorfion By:Y fy _ cl u oiss.15.► vaimm 2 I- 3 STATE OF ORMON c=q of ? This t:umeat .ctcaoa►kdSed bet= me on c! day, 10 1996, by as 40 of U.S. Nand a PekwM Corp maos, on beNlt of the =poa = onaN. ~r~ LM ~uoex~rss ~a~i+r i ~nlJ3lts.{ ttou4om 3 .e-yj~ Nonry Public on My commissioo alp J G . • ~ y y ' yr1,It.J 1.7. ULI.L V(~L, ( • V • JVJGGG#LV1 1 0 intetfem with Gn me•s rights hereunder. Subject to Grantee's tusonable rue, in the event of any counict in use. Grantor's use shall have priority. ('.,nltL"''s llvltt iMhlQ =n1 19 G0yncorl;;esl28fa n. Grantee d" use ttte P.ascmeat Am only for vehicular sad pedest'ian access and egress to and frosts the two buadjuls currently cxhft on Parcel I and only to the extent such access is not reasonably available over other portions of the Farrel I or through the property immatiately to the south of tht: Pttretl I. Giazwe shaU be reimburse Grantor for Grantee's proportionate sUm of the costs imurr+ed by Grantor in the maintenance, repair and mplaceatentt of the Easement Area (provided that Gnaw ball be responsible for tntraordinany damage, replacrraeot or maut- tctaance to the Easement Area to the extent caused or contributed to by Grantee). Grantee shall pay Graaror tlrantec's proportionate share of such costs within 30 days after delivery of it statement therefor from Grantor, which, statement shall set forth the total of such costs and Grantee's proportionate share. based on the parties respective use of the Easement Area. as remrabiy detrained by Grantor. Grantee shall not use the Easement Area for parking or other uses, wr use say other portion of Grantor's Property. Grantee shall cause all use of the Easement Area by or for Grantee to be done in compliance with all applicable laws, lien fret, and so as not to interrupt or disturb tht: use or enjoyment of Grantor's Property by Grantor or other occupants or urges thereof at any time. Grarowe shall not ituerfem with Grantor's access or use of any of Grantor's Property, or with any utilities or other services located ;a the Easement Arta or that otherwise serve or benefit Grantor's Property. Grantee shall restore any damage caused by or arising out of Grantee's activities, in order to leave Grantor's Property and any and all improvements thereon or therein inn at least as good condition as existed prior to such use or work. 1knefM and ulderMMMinacion by Grantor. The Easement and covenants con- in this Ea =em snail run with the land as to the property burdened and beneficed thereby and shall bind and inure to the parties and their respective successors and assigns. This Easement shall be perpetual, provided that in the event that (i) Patin I or the property immediately to the south of Parcel T is developed or redeveloped to a more intense use or subdivided or parricioned and the use of the Easement is materially increased, or (ii) if either or both of the two existing buildings on Parcel 1 are destroyed (and not rebuilt within a year) or relocated, or (iii) if Grantor desires to utilize the Easement Area for purposes inconsistent with this Easement. then, in any such event. Grantor may terminate this Easement by not less than 30-days' prior written notice to Grantee by recording a notice of termination of such Easement in the records of Washington County, Oregon. Upon recording of such notice. this Easement and all Grantee's rights hereunder shall automatically terminate. &IA. Grazttee accepts the Easemem Area AS IS, WHERE IS, and assumes all risk and liability with respect to Grantee's use thereof. As ioduceincrtt for Grantor to enter this Agreement, Grantee expressly agrees that Grantor shall have absolutely no liability whatsoever to Grantee, or any other person for any damages or injury related to Grantee's use of the Easement Area or otherwise related to Grantee's exercise of its rights under this Easement, except for extraordinary damage caused or contributed to by Grantor. u.otaKts.~ uor~ Dora Exhibit A - Page 2 of 4 tadgmab. Gunbe gall indemnify, hold harmless, and, at Gramr's election, defend Grantor and Grantor's of fen. sbuebolden, affiliates. employees. mmuo, iuem and ageasa for. from and against any and all claim:. loss. damage, expense ud bAbft for kdury to or Ulnew or death of nay person. or injury to, lox or dcstrwdon of my property res ditg from or wising out of dw use or existence of the F.awment gntmed h=in, or the wad= of Game or any contractor, agent, employee, invitee, tenant or prsmlttee of OnUU C, or its auoocuors and assigns with rcapcct to the use of the Earsemeat. - By acccp ft this instrument. which stall be eoacluaively d= W to have occvrrod upon the rccading of this ittmutneat, Grantee hoteby toapa this Fatx.mcnt ad the terms bcrcof and declares. ackwwledgea ad agtm that it has rto right, kIt nst or Clain in or to nay portion of GM=r'% Property wtcxpting only (i) the easement tighn expressly granted in this Emetuent, aM (ii) Grantee's rights pursuant to that certain Right of Fuss Refusal Agreement dated this same date between the palties• SURTE T TO (provided nothing betem shall imply any warsaaAa as to Parod I): 1. Ad valoraq heal propeny tam for the current fiscal year. 2. Rgpdadoas, including levies, liens, assessments, rights of way, ud casements of Used Sewerage Agency. 3. An easement cxated by inst uratut, iucluding the th=us and provisions tbercof, Dated February 14. 1959 Recorded March 19, 1959 Book 415 Page 514 In favor of Doritla Hama For Railroad track Locadcm The Westerly 30 feet of subject property 4. An easement created by instrument, inclu6ag the terms and provisions thereof, Dated September 3, 1971 Recorded December 10. 1971 Hook 846 Page 625 In favor of City of Tigard for Sewer line L ation The Southerly portion of the appurtenant easement area "01, 1S.1 17M,mm Exhibit A - Page 3 of 4 ~uocccico; u~~cnran z:i~r • umrr Ile SPECIAL WARRANTY DIED Pne+od I: The teal property situated in the City of Tigard, Washington County, Oregon, deacr~od o A p=,.,i of hind in Section 1, Township 2 Soutb. Range i West, WiilMM . Meridim in the City of Tigard. County of Washiop m and Spite of Oregon: Begtnuing at an iron pipe which lies Sauth 82930' East 335.69 fat fmm a s stone at the Nordywest corner of the W.W. Chbata Donation Land Claim No. 39; and going ftwe South 12' 1Z' Wes $44.2 fat w as iron pipe on the NonbaV line of a 40 foot wide public roadway; thence coadmting South 12012' West 21 tax w a point on ccaa Uw. tbeaoc on ccumline South 60051' Fast 477.5 feet to a point; thence Nortb 12.12' Feast 21 tea m an iron pipe on the aforesaid Northerly line of the roadway; thence contion g North 12012' Fast I021 fat to a stone; tbe= North 82'30' West 458.3 feet to the true point of beginning and being the same land c=veycd to Thomas W. Saddler and Mints Saddler, husband and wife, by Decd recorded in Book 166, page 71, Records of Washington County. Orcgomr. EXCEVMG THEREFROM those portions therrof conveyed to John S. K=, Sr., ct ux in Deeds recorded Mueb 28. 1978 as Recmdces Fee No. 78-14373 and recorded Mamb 1, 1979, u Recorder's Fee No. 79008013. Washington County Records. TOGETHER WITH an easement for access purposes as set forth In instrument recorded Marcb 1, 1979, Recorder's Fee No. 79008019, Washington County Records. paral U; An easement fcr access and egress to the two buildings curet dy existing on parcel I (the "Easement") over the easmrly 20 feet of Grantor's Property, lying iarwediately to the west of Parcel I above. and more specifically described on i i B (the "Easement Area"): Grantor's Use of Easement Am. Grantor reserves the right to full use and enjoy- ment of the cotim Easement Arta, including, without limitation, the right to place on or in the Easement Area, along, across and over each such Easement Area, such roads, fences, improvements. drives, landscaping. sidewalks. passageways, electric power lines. communi- cation linos. cables and conduits. water lines. sewer lines, gas lines and othrr facilities. structums and utilities as Grantor nay desire, provided only that such small not ummonably 134141.3i11 IM14 Q Exhibit A- Page 1 of 4 7 Ht5 & UtNtUKt, V.U. wjdeefeul UW28/98 2:15PM; • S. An easement by tos umem. inclW4 the tetras and pro dslow tbcr> *f, Dated August 23. 1973 Recorded October 26, 1973 Hook 930 Page 838 In favor of City of Tigard For Sawa pucposss Locution Subject Ply 6. An ammm created by Wsaum m, Wudiag the terms sad provisions thereof, Dated June 16, 1975 Rccordod Stptembor 17.1973 Book 1044 Page 49S In favor of City of rva For Roadway atd slope m meat I.oestion Southerly portion of the appwI mt easament aaa 7. Joint Access Agreenmt. including terms and provisions tbereof, Dated March 16, 1978 Recorded Much 28, 1978 Recorder's Fee No. 78 14374 8. asemeatasemeut =red by WsMunM March ?n udin the w= aW provisions tbc=f, Dated Recorded Muth 28. 1978 Recorder's Fee No. 78 14375 In favor of Adjacent owner For Vehicle numrouod area 9. Joint Access Apecment, including the tetras and pmvisiow thcmof, Dated February 27. 1979 Recorded March 1. 1979 Recorder's Fee No. 79008019 Affects appurtenant casement area (Eat) 10. Agmement for Rigbt of First Refusal. including the terms and provisions tbereof, Dated March 23, 1978 Recorded March 28, 1978 Recorder's Fee No. 78-14376 13me= U.S. Natural Rtsou=. Inc., a Delaware Corporation And John S. Knot, Sr. and Jcawmoe M. Krret 11. Any and all matters crested or suffered by or thmgh Gramec. L=1-3UU.1 17914= Exhibit A • Page 4 of 4 8 ~u~zzzrzb~ ; oY; JAMtJ 8i UtrytL Mt Y . U. gent ~ 1 s zxwrr R GRANTOR'S PROPERTY That rW property in the City of Tigard, WuhWWA Car V, Oregon. mom patti 4aly de=gxd too the extent wrc+ Wy owned by Gmtar) a follows: JU tcal property conveyed to G=Wc by decd ft m Edada and Patricia Delwniag dated August 31, 1979 cad rccoWad is the r =nb of WubbgWn County at Xweptioa Number 790SUS, together widt the tat property cimeyed to Criantor by dead firom Sc qW Associates dated October 10, 19$4 and recorded is ft ra anh of WOWS on County at raeption mteobea 85000Sb0. EXCEPTING the teal prapcay cot me d by Grantor by dad to Saport Auociates dated Ia=kty 4, 1985 and roc0id"nd in ft moat of Wa$WMtott County at Roapdoa Number 85000562. f J ti01aud.1 1701- o Exhibit B - Page I of I 9 MILS. MAY-13-1998 10:15 KNEZ BLDG. ft,:TICOR TITU .INSURANR This chap is made solely for the purpose of assisting in locating 3*W premises and the company assumes no liabill'ly for variations.if any, in dimenslons and JOC4 ion ascertained by ecWW survey. N MAP NO S.W. I!4 N.W. 1/4 SECTION I TZS RIW W .M. 25 WA9111109M14 COUNTY ORCCOO14 SIX MAP at r toe WALE I" KW s~ A010 eoaze eaeM a.". F► 11tr1, '•si► ~ AMLM o.VF Mw 77 • - ) w~Mv restM urc wrtt{•r i! 400 9 30i a1. ar•w 200 _{Qrr'x 103 yg~y ~Y\~YIO 11 ~ .t L J ~l{~e29f sM • r ~ : = ~l rRtictr•rr ffff . ' c t t! va r . r t 32C* . t I t- ' 9 ~t2 , {roe i is {oo ail,. I t taco r TIGAMA = ` low. lot t r p a • R j ~ ~ ICii••10f►i f { s r t ~ I IF _ ~•4,~~~ L2! ~ JEI ~ G t r I r X04 (jN s ► r + I six MAP k-rT I 1 u 1av jZC1 ~ ? 23-•74 tw- g? ' a r~••,~,~ • 3' t r 1 k a + t M sscc ' c33We • ~~Y " 1fJRt+03t6 1 go NOT* R'1 ROq C N• r POR ANY o _ 2501 IA•ae Eby t~` C ~ ~r zsod"~ . .rswc { z PARTIYJOH AT 1690-082 ccs►.. wY~ / r x~n s. + TOTAL P-02 1J JU LCJ• Ly NNt4 tSL1JU. MILS. ~l'JJ bJ7 7bb4 r.Y~l rtix CpT 2U0 i 1 1 7-A-r Z OT r0/ b a / 74;( ov LOT 1" ~ l00` k~nS ~ _ ~ IOp ~ ` ~ rte,. r - 4 x -'N t:~ ~ f~ ~ 'rte ~l-• ~ " ~ ~ .d , r . , Lr 1 tip/ sir j • r r~ .P ( jam/ ~ sin TOT;L P.132 Exhibit A page 2 I- A 0 1 1 L fight F ixtures t 1/2'' Con( 0 1= E I ES System Knez B I ue \A I um 1num S ions Pop/ R i veted to Both S ides _ - ~ ~6 ~ ti PROPOSED -PUBLIC STREET LIGHT ~ Z~ ~ ~ ~ p ~ ~ ~ z PROPOSED PRIVATE 5TREET LIGHT (PRIVATELY METERED) j ~ Q v ALL STREET LIGHTING MUST BE PER IES, PGE, AND MUNICIPAL RESIDENTIAL STREET LIGHTING '<y ~ ~ 6 SPECIFICATIONS, 30 FOOT, GRAY, DIRECT BURIED (5-FOOT), ROUND, TAPERED, FIBERGLASS LIGHT POLE WITH A 100 WATT, 240 VOLT, HPS, CUT-OFF (FLAT LENS), °COBRA" STYLE LUMINAIRE, MOUNTED ON A G-FOOT ALUMINUM MASTARM, 25-FEET ABOVE THE ROADWAY p STREET LIGHTS MUST BE LOCATED A M~~NIMUM OF 10 FEET FROM FIRE HYDRANTS AND A p U MINIMUM OF 2 FEET FROM SIDEWALKS ~ _ ON G~~p~~ic sc~L~ U,JWaQ 2a o ~a so eo eo ~ ~ A "BLANKET EASEMENT" SHALL BE PRuVIDED OVER 5 W, ONNAF COURT TO PROVIDE FOR U ~ p ~ (ACCE55 AND) MAINTENANCE OF UTILITIES THEREIN O ~ N ~ ([N FEET ) 1 inch = 20 ft r r 8" DI 8" DI B' DI u Q~N~- ~ ~ O Wt._,.. a : ' I 4 ~ ~ I ~ r i I ~ 1 4 6 j ~ I,' ! I , i ~ ~ I TI MH ~ d EX~S NG S5 I ~ 1 r RIM=138 90 ~ ~ V F- 2 k ~ 9 1 s' IE IN=13210 ~ ~ ~ Z + l 1 9 IE OUT=131 90 ~ ~ s °0 ~ 1 ~ ~ - 0 ~Z r~ 1 a ' e W ~ F- ~ C7 ~ 1 ~ ~ F ~ 1 ~ Ul ~ Y QPEN SPACE TRACT C ~ ~ O ~ ~ ~ 1 ~ - ~ OPEN SPA ~.r ~ a a 1 -0. ~ - I ~ ~ Z ~ ~ ~ ~ , , ~ ~ ~ o0 UU ~ 1 w ~ ~ STORM ~ o LINE 03 ~ ~ +m 1 FUTURE LOCATION ; w- + , ~ ~ ~ RIVATE F T I ~ ~ \ ~ ` 1 O B WA ERL NE U ro , \ r Q . 1 Q ~ ; ~ OPEN SPACE TRACE' d ~ ~ l ~ b 1 I ~ ~ ~ c I 4 ~ 1 1 W ~ S~M~W SUMH016 V _ - _ _ ~ --l ~ b 1 e ~ ~ , r ~ ~ 15' PUE3LIC AITRY ~ ~ 4 f ~ N A S 5S EASE~E~T l ~ ~ ~ FIRE HYDRANT ASSEMBLY ~ ~ LINE W , ~ 'e ~ Z ~ ~ PUBLIC ~ 5 ~ ~ - W j ` } ~ A { INSER TA-TEE e \ ~4 I ~2 a ~ ~ - ~ ~ STORM ~ SDCB 01C 5D-D101A , ' N ~ ~ \ n ~ g I LINE 01 SSN SSMH W3 SSMH W2 ~ ~ r ~ ~ ~ ~ 1 f ~ PRIVATE sa 1 ~ I e I A._~ 1. ; SDMH 01E S LAT 5 I S , SDC6 04A ~ ~ ; (TYP) ~ - i _ ~ ~ ~ ~ I - ~ ~ , ~ 1 ~ , FEMA 100 YEAR FLOOD Z ..w ~ SDMH 010 ~ 2" BLOW OfF ASSEMBLY TYP I ~ ~ y PLAIN ELEVATION (EL. 1,32) ~ ~ 1 ~ STORM ~ r•~ C I IN ~ D L E 02 ~ ~ ~ ~ ~ SSMH W5 \ ~ ~ ~ ~ ~ PRIVATE r r ~ ~ s 8 SS dq - ~ ,'j1 ~ ~ q r/ ~ V ° zoo ~ ~ D r S ON CT, DOUBLE wA TER s~r~VrcES ' ~ ~ ~ 5 P iV T ~ PROPERTY CORNER (TYP) c~<> W N~ ~ 1 ~n zJ~r~U ~ ~ ~ 3 oa 55MH W6 t ~ ~ ~ ~ , , ~ , dux r ~•s,.i ~.y nv„gM1` M°~~ ~ ~ ~`0 6 I G ~ ~ d i r'~~ G f R ~ i I ~ ~ 4 N J ~ ~ ~ ~ ~ , ~ • ~ ~ - - ~ 2 BLOW OFF ASSEMBLY ~ ~ i } ~ n ~ 01 h W ~ GAT VA V 1'Y ~ E L E ( P) , ~ e 1 1 ~ ~ ~ a ~ r ~ ~ NN N N ~ C r.,~ ' ~ n ~ , II L~ ~ ~ N~°. ' ~ ~ (p~Q ~ vv E CONSTR CTION VEHICLE & ~ , STRADDLE BLOCK (TYP) ' WOR ~ ERS~ VEHICLES ~ eD „ ~ ~ ~ WETLAND BOUNDARY ,I , ; Ga t~ ~ C" ~ P RKING AREA ~ ANITARY WE~I ~ ~ ~ LINE V 1 d ~ ~ ~ ~ ~ ~ ~ . PUBLIC I~ ~ ~ i 1Z - - - ~I W yr ,r ~ - v i ~ ~ I ; is I °ti I ; ' m ' ~ WE T1 ~ ~ WETLAND BUFFET? (25) BOUNDARY ~ ~ ~ z ti~b ~ ~ ~ F'ER USA STANDARDS I w I i . U ~ 5D CLEANOUT (TYP) J ,r s I ~ ~ Q 12 GANG MAILBOX S SSMH V2 II ~ y~ s ~ la , , ~ a ~ a ° ~ ~ 25 {I o ~ w~ fks . , ~ ~ ~ ~ 11 10 ' 9 ~ oR, nNC g Q ~ ~ , i I I r I r~a ~ ~ s . _,~a,,.. ----.J Z' ~ i ~ ~ r ~ ~ ~ w. ~ OPEN SPACE 1RACT F o ! a ~ 1 - _ ~ _ _ 'S~ ~ t y ' ~ ~ ~ ~ I I ~ I~ 1 a I J ~ a ! I 3 cn ti s ~ N~~ I ~ ~ i ~ ~ ' ~ ~ ~ N ~ Y ~~Nt~ ~ ~ c~ N ~ s a~ ~ ° ~ M l ~ Z~NI'~ ~ ~ ~ c~ 1 { ~ ~ ~o~~ 0 6 ~ I I a f ~ Q w W ~w f , o ~ I ~ df w LL- L- x a 1 L B ~ r Q I I f w ~o= a ~ M n. a- LL o r A ~ ` r I 1 r I rn t ~U a ~ a I ~ N t c~