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Hearings Officer Packet - 08/31/1992AGENDA TIGARD HEAAR NGS OFFICER MONDAY, -~BY 31, 1992 - 7:00 P.M. TIGARD CIVIC CENTER - TOWN HALL 13125 SW HALL BLVD., TIGARD, OR 97223 1. CALL TO ORDER 2. PUBLIC HEARINGS 2.1 SUBDIVISION SUB 92-0009 VARIANCE VAR 92-0017 STARLING/EDWARDS (NPO #5) A request for approval of the following development applications: 1) Subdivision approval to divide a parcel of approximately 1.55 acres into 11 lots between approximately 4,050 and 7,250 square feet in size; 2) Variance approval to allow development of a cul-de-sac street of approximately 450 feet in length feet whereas Code section 18.164.030 (K) allows a maximum cul-de-sac length of 400 feet and 3) Variance approval to allow two lost ato exceed the Code 2.5 to 1 maximum lot depth to width ratio standard. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.88, 18.100, 18.102, 18.150, 18.160, and 18.164. LOCATION: 14600 SW Hall Boulevard (WCTM 2S1 12BC, tax lot 1600) ZONE: R-12 (Residential, 12 units/acre) The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivisions, public support services, family day care, home occupations, temporary uses, and accessory structures among other uses. 2.2 SENSITIVE LANDS REVIEW SLR 92-0003 CITY OF TIGARD/COOK PARK (NPO #6) A request for Sensitive Lands Review for a wetland mitigation project at Cook Park. The project would include excavation within the 100 year floodplain of the Tualatin River in order to expand an existing wetland area. The purpose of the approval is to replace existing wetlands to be displaced elsewhere as part of a road construction project. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.84, and 18.130; Comprehensive Plan Policies 2.1.1, 3.2.1, 3.2.2, 3.2.3, 3.5.3, and 4.2.1. LOCATION: Northern portion of Cook Park, west of SW 92nd Avenue (WCTM 2S1 14AC, tax lot 700) ZONE: R-4.5 (Residential, 4.5 units/acre) The R-4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, and other permitted uses. Community recreation uses, such as parks, are allowed as conditional uses. 3. OTHER BUSINESS 4. ADJOURNMENT i COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON, OREGON 97075 Legal Notice Advertising • City of Tigard • ❑ Tearsheet Not PO Box 23397 RECEQS7_ro • Tigard, OR 97223 • AUG 3 11992 ❑ Duplicate Affic CITP OF TIGA Z AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I Ji idi th Kna_h l ex being first duly sworn, depose and say that 1 ark ale Advertising Director, or his principal clerk, of the TiZara lanes , a newspaper of general circuiion as defined in ORS 193.010 and 193.020; published at 1iRard in the aforesaid county and tate; that the Public HearingJS0 q2-0009/VAR 92-0017 a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for Otte successive and consecutive in the following issues: August 20, 1992 Subscribed and Esworn to afore me thi.* 20th day of Amust, 1992. i 9ecle~l ~ Notary Public for Oregon My Commission es: AFFIDAVIT !P Legal Notice TT 7347 The following will be considerr',d by the Tigard Hearings Officer on Mon- day, August 31. 1992, a[ 7:001 P.M. at Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigar O, Oregon. Both public oral and written tes- timony is inivited. The public hearing on this matter will be conducted in accordance with the rules of Ch apter 18.32 of the Tigard Municipal Code, and rules and procedures of tl'te 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 precl udes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is dirrzcted precludes an appeal based on that criterion. Further information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 6394171. PUBLIC HEARINGS SIr1BDIVISION SUB 92-0009 VARIANCE VAR 92-0017 STARL- ING/EDWARDS (NPO #5) A request for approval of the following development applications: 1) Sub- division approval to divide a parcel of approximately 1.55 acres into I1 lots between approximately 4,050 and 7,250 square feet in size; 2) Variance approval to allow development of a cul-de-sac street of ap- proximately 450 feet in length feet whereas Code section 18.164.030 (K) allows a maximum cul-de-sac length of 400 feet. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.88, 18.100, 18.102, 18.150, 18.160, and 18.164. LOCATION: 14600 SW Hall Boulevard (WCTM 2S1 12BC, tax lot 1600). ZONE: R-12 (Residential, 12 units/acre). The R-12 zone allows single family at- tached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivisions, public sup- port services, family day care, home occupations, temporary uses, and ac- cessory structures among other uses. SENSITIVE LANDS REVIEW SLR 92-0003 CITY OF TIGARDICO OK PARK (NPO #6) A request for Sensitive Lands Review for a wetland mitigation project at Cook Park. The project would include excavation within the 100 year ffoodplain of the Tualatin River in order to expand an existing wetland area. The purpose of the approval is to replace existing wetlands to be dis- placed elsewhere as part of a road construction project. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50 and 18.84. LOCATION: North of Cook Park, West of SW 92nd Avenue (WCTM 2S1 14AC, tax lot 700). ZONE: R-4.5 (Residential, 4.5 units/acre). The R-4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, and other per- mitted uses. Community recreation uses, such as parks, are allowed as conditional uses. T77347 - Publish August 20, 1992. T I G 0 D H E A R I N G S O F F I *R NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND NOTE THEIR ADDRESS ON THIS SHEET. (Please PRINT) AGENDA ITEM: :1.1. 1 CASE NUMBER(S): SwF.~ 9~6.-o9/VAR ia.- l OWNER/APPLICANT: STA R L i Q 616-P lA R P< LOCATION: S0a+4%e4Si Cvr ne v o~ Ski kALL. r3 Lv a ~ 13- ow 17A [C Q NPO NUMBER: S DATE OF HEARING: Auc-. 311 191-Z PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE cev ----zxaaaaae=aoaaaaaaaetaa=-----'-"' PROPONENT (For the proposal) OPPONENT Against the proposal) Name i Name A1 n~ TVli`[ & JZ~ Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address T I G 0 D HEARINGS OFFI* NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND ~}ADDRESS ON THIS SHEET. (Please `PRINT) NOTE THEIR J(-- ~d J AGENDA ITEM: 01, d CASE NUMBER(S): OWNER/APPLICANT: 0,,V OF 1 1 &P R D ] r LOCATION: COQK ~ nRV. -Sf- ~e- 1.L_I_~ W l ~4 Aye- DATE NPO NUMBER: ~!J OF HEARING: Aaee PLEASE PRINT YOUR NAME, ADDRESS. AND INCLUDE YOUR ZIP CODE aaaaaaaaaaacaaaa~~~acaawaaaaa J PROPONENT (For the proposal) OPPONENT Against the Jproposal) Name G,~y Name vu~ Address 15 ~ ~ 5 Address (h s;q 0 C~ VV ` 2d P"~b L4 kc'4 "-z Q 1 Name Name Address ` -!90 U ~~5 Address ; Name Name R"e r61 G Tom! l Address Address ICJ iJ L~ B~ C~r~' g Name f! r~~Aw Name Address Address C~~~V l Ul Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address Name Name Address Address 0 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Roger Edwards for approval ) F I N A L O R D E R of a preliminary plat for an 11-lot subdivision for land ) east of SW Hall Boulevard south of SW Bonita Road ) SUB 92-0009 in the R-12 zone in the City of Tigard, Oregon ) (Starlings Crossing) 1. SUMMARY OF THE REQUEST The applicant requests approval of a preliminary plat to divide about 1.55 acres into I l lots in the R-12 zone (Residential, 12 units per acre), a variance to the maximum permitted length of a cul de sac, a variance to the maximum permitted lot depth to width ratio for two proposed lots, and an adjustment to solar access standards for new development. Proposed lots comply with the dimensional and density requirements of the zone, except for the lot depth to width ratio of two proposed lots. About 73% of the proposed lots comply with the solar access standards for new development. The site abuts SW Hall Boulevard and Bonita Road, but no direct vehicular access to those streets is proposed. The applicant proposes to dedicate right of way for and to improve the Hall Boulevard frontage as directed by the State of Oregon Highway Division and to dedicate right of way for and to improve to City standards an extension of SW 83rd Court from the east edge of the site to a cul de sac on the site. All lots will have direct vehicular access exclusively to SE 83rd Court on the site. Public sanitary and storm sewers and water lines will serve each lot. On-site storm water quality features are not proposed. A public hearing regarding the application was held on August 31, 1992. City staff recommended conditional approval of the subdivision. The applicant accepted the staffs recommended conditions of approval. After discussion, the applicant agreed to modify the preliminary plat so that all proposed lots comply with the lot depth to width standard. No one else testified about the development. LOCATION: East of and adjoining SW Hall Boulevard south of and adjoining SW Bonita Road; WCTM 2S1 12BC, Tax lot 1600 COMPREHENSIVE PLAN: Medium Density Residential ZONING: R-12 (Residential, 12 units/gross acre) APPLICANT: Roger Edwards, represented by Alpha Engineering OWNER: Dr. Carlos Starling SITE AREA: About 1.55 acres APPLICABLE LAW: Community Development Code Ch. 18.54, 18.88, 18.92, 18.102, 18.150, 18.160, and 18.164; Resolution and Order 91-47; Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3 STAFF RECOMMENDATION: Conditionally approve in part and deny in part HEARINGS OFFICER DECISION: Conditionally approved in part and denied in part Page 1 - Hearings 0, scer decision SUB 92-0009 (Starlings Crossing) • 9 II. FINDINGS ABOUT SITE AND SURROUNDINGS The Hearings Officer incorporates by reference the findings about the site and surroundings in Section II of the City of Tigard Staff Report dated August 31, 1992. M. APPLICABLE APPROVAL STANDARDS The Hearings Officer incorporates by reference the approval standards in Section III of the City of Tigard Staff Report dated August 31, 1992. IV. HEARING, TESTIMONY, AND NPO AGENCY COMMENTS A. Hearing. Hearings Officer Larry Epstein received testimony at the public hearing about this application on August 31, 1992. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. B. Summary of oral testimony. 1. City Planner Jerry Offer testified for the City. He summarized the staff report and recommendation. He recommended one change in the proposed conditions of approval. After considering the dimensions of the lots and the applicable criteria, he withdrew the recommendation for approval of the variance to the lot depth to width ratio and urged the Hearings Officer to deny that variance. 2. Randy Clarno testified for the applicant. He accepted the conditions recommended by City staff with the change proposed by Mr. Offer. After discussion with his client, Mr. Offer, and the Hearings Officer, he withdrew the request for the lot depth to width variance and agreed to modify the preliminary plat to comply with that standard. C. NPO and Agency Comments. The Hearings Officer incorporates by reference the NPO and agency comments in Section IV of the City of Tigard Staff Report dated August 31, 1992. V. EVALUATION OF REQUEST A. Compliance with Community Development Code and Comprehensive Plan. The Hearings Officer incorporates by reference the findings about compliance with the Community Development Code and Comprehensive Plan in Section V of the City of Tigard Staff Report dated August 31, 1992, except the finding regarding the proposed variance to CDC section 18.164.060(A)(1)(b)(maximum lot depth to width ratio). Instead, the Hearings Officer fords that, although granting the lot depth to width ratio variance may have certain benefits, lots 10 and 11 can each be widened by about 2-1/2 feet so that they comply with the lot depth to width standard in CDC section 18.164.060(A)(1)(b) without reducing the number of lots in the subdivision. A variance to this standard is not necessary for the proper design or function of the subdivision and is not necessary for the preservation of a substantial property right, and such a variance does not comply with CDC section 18.160.120. A condition is warranted requiring the preliminary plat to be modified accordingly. Page 2 - Hearings 0y1cer decision SUB 92-0009 (Starlings Crossing) 0 0 B. Compliance with Resolution and Order 9147. The applicant can comply with Resolution and Order 91-47 by paying a fee in lieu of building an on-site storm water quality facility. VI. SITE VISIT BY HEARINGS OFFICER The Hearings Officer visited the site and surrounding area. VII. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed preliminary plat, solar access adjustment, and cul de sac length variance comply 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 and with conditions of approval warranted to ensure such compliance occurs. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby denies a variance to the maximum lot depth to width ratio and approves SUB 92-0009 (Starlings Crossing), a variance to the maximum cul de sac length standard, and an adjustment to the solar access standards for new development, subject to the conditions of approval recommended in the August 31, 1992 Staff Report, with the following amendments: 1. The first sentence of Condition 9 is hereby amended to read as follows: 9. Additional right of way shall be conveyed to the State of Oregon, by and through its Department of Transportation, Highway Division, along the SW Hall Boulevard frontage to increase the right of way to a maximum of 60 feet from centerline, with the width of dedication to be determined by the Highway Division... 2. A new condition 19 is hereby imposed to read as follows: 19. Before approval of the final plat, the applicant shall modify the preliminary plat so that no lot exceeds a maximum depth to width ratio of 2.5:1. The applicant may adjust lot lines as necessary to accomplish this purpose, provided all lots continue to comply with applicable dimensional requirements of the R-12 zone. DATED 's day of S ber, 1992. Larry Epstein, U6ariqy Officer Page 3 - Hearings Officer decision SUB 92-0009 (Starlings Crossing) 0 0 AGENDA ITEM _2.1 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Dr. Carlos Starling for STAFF REPORT for a subdivision consisting of approximately 1.55 SUB 92-0009 acres located at the southeast corner of SW Hall Boulevard and SW Bonita Road. 1. SUMMARY OF THE REQUEST CASE: Subdivision SUB 92-0009 SUMMARY: The applicant requests approval of: l) subdivision preliminary plat approval to divide a 1.55 acre parcel into 11 buildable lots ranging in size between 4,050 and 7,250 square feet; 2) Variance approval to allow development of a cul-de-sac local street to exceed 400 feet whereas the code allows a maximum cul-de-sac length of 400 feet; 3) Variance approval to lot depth to width ratio for two lots. APPLICANT: Roger Edwards OWNER: Dr. Carlos Starling 4500 SW Kruse Way One, #180 15962 Boones Ferry Rd. Lake Oswego, OR 97035 Lake Oswego, OR 97035 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential ZONING DESIGNATION: R-12 (Residential, 12 units per acre) LOCATION: Southwest corner of SW Hall Boulevard and SW Bonita Road. (WCTM 2S1 12BC, tax lot 1600) APPLICABLE LAW: Community Development Code Chapters 18.54.050, 18.88.040(C)(1)and(E), 18.92.020, 18.150.020(E), 18.150.030(A), 18.160.060, 18.160.120, 18.164, Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3. STAFF RECOMMENDATION: Approval subject to conditions. II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape: The subject parcel contains 1.55 acres. The site is generally square in shape with approximately 240 feet of frontage on SW Bonita Road and approximately 229 feet on SW Hall Boulevard. B. Site location: The site is located on the southeast corner of SW Hall Boulevard and SW Bonita Road. HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS PAGE 1 • • C. Existina uses and structures: The subject parcel is largely undeveloped. A single family residence and outbuilding are located on the southern portion of the property. Vegetation consists of indigenous grasses, a residential yard, and a few trees located south and eastern portion of the site. D. Plan desianation and zonina: The site and properties located to the north are zoned R-12 (Residential, 12 units per acre) and designated as medium-density residential on the Comprehensive Plan map. Properties to the south and west are zoned R-4.5 (Residential, 4.5 units per acre) and are designated low-density residential on the Comprehensive Plan map. To the east are properties zoned R-7 (Residential, 7 units per acre) which are also designated as medium density residential. E. Surroundina land uses: Single family homes are located directly to the east,south, and west of the subject site. An apartment complex is located directly north of the site across SW Hall Boulevard. F. Proposed use: The applicant proposes to divide the site into eleven buildable lots ranging in.size from 4,100 to 7,250 square feet in size as illustrated on the preliminary plat. The lots are intended for single family residential use. G. Public services and utilities: The preliminary utility plan proposes the installation of a storm drainage system heading north from the new terminus of SW 83rd Court along the common property line of lots 8 and 9 and connecting to SW Bonita Road. There is an existing public sanitary sewer line located within SW 83rd Court which has the capacity to accommodate this development. The applicant is proposing to connect to and extend this sanitary sewer line to serve this development. H. Streets and access: The proposed development has frontage on SW Hall Boulevard and SW Bonita Road. Southwest Hall Boulevard is classified as an arterial on the City's Comprehensive Plan Transportation Map. Southwest Hall Boulevard is under the jurisdiction of the Oregon Department of Transportation. The applicant has shown on the preliminary plat an intent to dedicate right-of-way to 60 feet from centerline and install half-street improvements. SW Bonita Road is classified as a major collector and is fully improved along the frontage of the site. HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS PAGE 2 • • III. APPLICABLE APPROVAL STANDARDS A. Communitv Development Code. 1. Chapter 18.54.050 contains standards for the R-12 zone. A single- family detached residential unit is a permitted use in the zone. Detached single-family residential lots in the zone must comply with the following dimensional requirements: Minimum lot size 3,050 square feet Front setback 15 feet Garage setback 20 feet Interior sideyard setback 5 feet Corner sideyard setback 10 feet Rear setback 15 feet Maximum building height 35 feet 2. Chapter 18.88.404(0)(1) contains solar access standards for new residential development. A lot meets the basic solar access lot standard if it has a north-south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east-west axis. A subdivision complies with the basic requirement if 80% or more of the newly created lots meet or exceed this standard. 3. Chapter 18.92.020 contains standards for density. The number of dwelling units permitted is based on the net development area, excluding sensitive land areas and land dedicated for public roads or parks, or for private roadways. This land area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. 7. Chapter 18.150.020(E) requires a permit and contains standards for removal of trees having a trunk 6 inches or more in diameter measured four feet above the ground on undeveloped residential land. A permit for tree removal must comply with the following criteria as specified in Chapter 18.150.030(A): a. The trees are diseased, present a danger to property, or interfere with utility service or traffic safety; b. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; C. The trees are not needed to prevent erosion, instability, or drainage problems; d. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance between shade and open space; e. The aesthetic character in the area will not be visually adversely affected by the tree removal; and HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS PAGE 3 0 0 f. New vegetation planted by the applicant, if any, will replace the aesthetic value of trees to be cut. 8. Chapter 18.160.060(A) contains standards for subdivision of parcels into 4 or more lots. To be approved, a preliminary plat must comply with the following criteria: a. The proposal must comply with the City's Comprehensive Plan and the applicable zoning ordinance and other applicable ordinances and regulations; b. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92; C. The streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; and d. An explanation has been provided for all common improvements. 8. Chapter 18.160.120 contains standards for the approval of a subdivision variance. These criteria are: a. There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated; b. The variance is necessary for the proper design or function of the subdivision; C. The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to the rights of other owners of property; and d. The variance is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result from strict compliance with the regulations of this title. 9. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. b. Section 18.164.030(E) requires a local street to have a minimum 50-foot right-of-way and 34-foot paved section between curbs and sidewalks. HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS PAGE 4 • 0 C. Section 18.164.060 prohibits lot depth from being more than 2J times the lot width and requires at least 25 feet of frontage on a street other than an alley. d. Section 18.164.070 requires sidewalks adjoining all residential streets. e. Section 18.164.090 requires sanitary sewer service. f. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. B. Annlicable Comnrehensive Plan Policies. 1. Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. 2. Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards. 3. Policy 7.1.2 provides the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and utilities placed underground. 4. Policy 7.3.1 provides the city will coordinate water services with water districts. 5. Policy 7.4.4 requires all new development to be connected to an approved sanitary sewer system. 6. Policy 8.1.1 provides the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. 7. Policy 8.1.3 provides the City will require as a precondition of approval that: a. Development abut a dedicated street or have other adequate access; b. Street right-of-way shall be dedicated where the street is substandard in width; C. The developer shall commit to construction of the streets, curbs, sidewalks to City standards within the development. d. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS PAGE 5 e. Street improvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. IV. NPO & AGENCY COMMENTS 1. The City of Tigard Engineering Department has reviewed the proposal and offers the following comments: A. Streets: The site is located on the southeast corner of SW Hall Boulevard and SW Bonita Road. Southwest Hall Boulevard is under the jurisdiction of the Oregon Department of Transportation (ODOT). The applicant has shown on the preliminary plat dedication of right-of-way to 60 feet with half- street improvements. The State (ODOT) has recommended that the applicant be required to provide half-street improvements and dedication of Right-of-Way to 60 feet from centerline along the frontage of SW Hall Boulevard. The Engineering Department agrees with these recommendations and, as shown on the preliminary plans, the applicant is proposing to comply with these requirements. Southwest Bonita Road is classified as a major collector and is fully improved along the frontage of the site. Therefore, no additional requirements are necessary. The applicant is proposing to extend SW 83rd Court to serve this development. Southwest 83rd Court is classified as a local street. The applicant is proposing to provide full street improvements for the extension of SW 83rd Court within this development. Additionally, the applicant has requested a variance to the length of the 83rd Court cul-de-sac. Community Development Code Section 18.164.030(x) allows a maximum cul-de-sac length of 400 feet. The applicant is proposing a length of approximately 465 feet. Based on the existing road patterns and location this site, this extension of SW 83rd court is a logical extension of an existing road which allows for appropriate development of the site. There is no suitable alternative access point for this parcel. Therefore, the variance should be approved. B. Sanitarv Sewer: There is an existing 8 inch public sanitary sewer line located within SW 83rd Court. The applicant is proposing to connect to and extend this sanitary sewer line to serve this development. This sanitary sewer line has sufficient capacity to serve this development. C. Storm Drainaae: The applicant is not proposing to extend any portion of the existing public storm sewer system located in SW Hall Boulevard or SW 83rd Court. HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS PAGE 6 0 0 Based on the information presented by the applicant, it appears that the existing system was designed to accommodate this development. The applicant should be required to submit evidence that the existing system does in fact have adequate capacity and was designed to accommodate this development. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91-47) Surface Water Management Regulations requiring the construction of on-site water quality facilities or fees in-lieu of their construction. Construction of an on-site water quality treatment facility is not appropriate because the site is small in comparison to the development plan. Additionally, the loss of area for the on-site facility would preclude the effective development of this site. The requiring of surface water quality facilities on small sites would result in numerous facilities that would become a maintenance burden to the City. Furthermore, the applicant has not proposed any such facilities and there are no natural depressions or other areas of this site that are particularly suitable for such a facility. Regional facilities, funded by fees in-lieu of construction of these facilities, would provide the required treatment with improved reliability and less maintenance. Therefore, the applicant should be required to pay the fee in-lieu of constructing an on-site facility. 2. The City of Tigard Building Division has noted that a demolition permit will be required for the removal of the existing buildings. The septic tank shall be pumped out and filled in or completely removed. An inspection shall be obtained after the tank is filled or removed. A copy of the receipt from the pumping company shall be provided. If the building is connected to the public sewer the line shall be properly capped-off, and inspected by the City. Private storm drains shall be provided as indicated on the plans for lots 1 throuah 4. Easements shall be provided where crossing other lots. The minimum pipe size of a private rain drain shall be 6 inches when serving 3-6 houses. A joint access and maintenance agreement shall be recorded with each lot accessing a private storm drain as follows: Lots 1 throuah 4 shall have an equal right to use and an obligation to operate and maintain the private drainage facilities within the private or public drainage easements as shown_ 3. Tigard Water District does not object to the extension of a cul-de-sac street which exceeds 400 feet in length. However, the Water District requests that the developer provide for a 10 foot waterline easement to SW Hall Boulevard to be located between lots 5 and 6. The District also requests that the developer extend the proposed 6-inch waterline along the easement and connect to the existing 12-inch water main of the east side of SW Hall Boulevard. In addition to this request, the Tualatin Valley Fire & Rescue District has also requested that a fire hydrant by installed within the project for fire protection. The existing fire hydrant at SW Bonita Road and SW Hall Boulevard will most likely be unusable due to the fencing of private property along SW Hall Boulevard and SW Bonita Road. HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS PAGE 7 4. The State of Oregon Department of Transportation (ODOT) has noted that half-street improvements shall be required along the Hall Boulevard frontage. A permit for this work shall be required from ODOT. Additionally, the applicant should provide a right turn lane from Hall onto SW Bonita Road in conformance with the Citys' Traffic Plan. 5. General Telephone has requested that the developer contact GTE Engineering at least 30 days prior to trench opening. 6. Tigard School District 231 notes that the proposed development lies within the attendance areas of Phil Lewis Elementary School, Fowler Middle School, and Tigard Senior High School. The proposed development is projected to generate the following additional enrollment at those schools: 3 students at Metzger Elementary School; 2 students at Fowler School; and 1 student at Tigard High School. The School District states that school capacities are exceeded. However, core facilities are sufficient to consider portable classroom additions. 7. The City of Tigard Operations Department, Northwest Natural Gas, Portland General Electric, and the Metropolitan Area Communications Commission have reviewed the proposal and have offered no comments or objections. 8. NPO 5 reviewed this proposal prior to the applicant's submittal. NPO 5 stated that this was a good proposal and that they appreciated being able to review a plan that showed the setbacks and allowable building envelopes. 9. NPO 6 recommends that the City pay close attention to eight distance at the intersection of Bonita and Hall. Also, that staff should ensure that setbacks for the buildings are adequate. Staff should also remember that the speed limit on Hall Boulevard is 45 mph. It was also recommended that NPO 5 absorb the density lose due to building at a lower density and not building apartments. In response, staff would like to assure NPO 6 that adequate setbacks shall be verified and maintained through the building permit process. Visual Clearance standards will not be violated by the City, nor will they be permitted by any developer or private land owner/occupant. Should the standards be violated by a developer or private land owner/occupant, the City shall undertake standard Code Enforcement procedures to correct the situation and see that the violation is corrected. The 45 mph speed limit on Hall Boulevard is not proposed to be adjusted by this application. This speed limit shall apply to all persons driving along this roadway. The lot sizes/density specified by each of the zoning districts in the City are stated as maximum densities allowed. The R-12 zoning designation applied to this site allows for the creation of a maximum of 1 residential dwelling unit for every 3,050 square of developable land. The City does not require that all land be developed at the most dense configuration possible. The Metropolitan Housing Rule (OAR 660, Division 7) requires that the average density allowed for all developable residential land within the City's original planning area be a minimum of ten dwelling units per acre. This application would not HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS PAGE 8 0 0 reduce the City of Tigard's housing opportunity index below its minimum ten units per acre of inventoried residential land, nor would this reduce the multi-family housing mix below the 50% minimum of multi- family units pursuant to the Metropolitan Housing Rule. The City's acknowledged plan in 1984 inventoried 1,311 acres of developable residential land in the City and the estimated housing opportunity index was 13,110 units. Since then, eight plan amendments have been approved which in turn have amended the inventory. Therefore, the City's current inventory includes 1,290 developable acres and a housing opportunity for 13,112 units (10.16 units per acre). The building of 11 single family homes, rather than approximately 17 houses or apartments, would reduce the housing opportunity index by only 6 units. This does not reduce the City of Tigard's housing opportunity index below the minimum 10 units per acres on inventoried residential land, nor reduce the multifamily housing mix below the 50% minimum pursuant to the Metropolitan Housing Rule. Therefore, an approval of this proposal would not necessitate the replacement of any lost housing opportunities elsewhere in the City. 10. Unified Sewerage Agency (USA) has reviewed this proposal and has stated that an erosion control plan in conformance with the Agency's R&O 91-47, Chapter 5, as amended by 91-75, and consistent with current construction guidelines, should be required. All new public storm and sanitary sewer designs shall conform to the Agency's R&O 91-47, Chapter 3, as amended by 91-75. LISA also recommends the installation of an on-site water quality facility. However, the City may determine if such a facility is appropriate to the site, or alternatively, if a fee-in-lieu of shall be acceptable. V. EVALUATION OF REQUEST A. Compliance with Communitv Develonment Code. 1. The proposed subdivision complies with the use standards of the R-12 zoning district (Code Chanter 18.541 because the lots are intended to be used for single family detached dwelling units, a permitted use in the zone. The eleven 4,100 to 7,250 square foot lots are all equal to or larger than the minimum 3,050 square foot minimum lot size requirement of the zone. All such lots should be subject to the setback standards of the R-12 zone. Compliance with these standards will be reviewed as part of the building permit application process for single-family homes on individual lots. 2. Lots 1, 2, 10 and 11 meet the basic solar access requirements as specified in Code Section 18.88.040(c)(1). The front lot line orientation of these lots is within 30 degrees of true east-west and these lots also provide a minimum north-south dimension of at least 90 feet. Lots 3 and 9 shall be counted as the 20% exemption from these solar lot requirements. Lots 4, 5, 6, 7, and 8 do not comply with either one or both of these minimum requirements. HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS PAGE 9 Section 18.88.040(El(llliiij allows an exemption of lots due to existing road patterns which must be continued through the site or must terminate on-site with applicable road standards in such a way that prevents given lots in the development from being oriented for solar access. The only acceptable access to this site is through an extension of SW 83rd Court and the creation of a standard cul-de-sac bulb, with a radius of 50 feet. Access cannot be connected to SW Hall Boulevard from SW 83rd Court because of ODOT access standards. Additionally, providing this connection would create an improper and hazardous intersection alignment in relation to the proximity to the intersection of Hall and Bonita. Therefore, this exemption should be applied to lots 4, 5, 6, 7, and 8. This Code Section has been satisfied. 3. The proposed subdivision complies with the density standards of Chapter 18.92. The net developable area of the site (after deduction of the public right-of-way dedication) is approximately 53,900 square feet. With a minimum lot size of 3,050 square feet, this site yields an opportunity for 17 dwelling units under the R-12 zoning designation. The applicant has proposed the creation of 11 lots and therefore, complies with this standard. 4. The applicant has not submitted a tree survey of the site as required by Section 18.150. Therefore, prior to the issuance of a tree removal permit, the applicant will need to submit, and receive approval for, a tree removal application form and supply details identifying the type and size of trees on this site which are greater than six inches in diameter. This survey shall identify those trees which are proposed for removal. 5. The proposed subdivision is consistent with the subdivision approval standards of Chapter 18.160 (Subdivisions) because: a. The proposed subdivision complies with the Comprehensive Plan Map's Medium Density Residential density opportunity for the site as well as with the applicable plan policies, the regulations of the R-12 zone, and other applicable regulations; b. The proposed name of the subdivision, Starlings Crossing, is not duplicative of any other plat recorded in Washington County; C. The proposed public street provides for adequate and safe access to the lots in this proposed subdivision and provides for an extension of an existing street stub. 6. This application is consistent with the criteria of Section 18.160.120 regarding a subdivision variance for an overlength cul- de-sac. A cul-de-sac is limited in length to a maximum of 400 feet as stated in Section 18.164.030(Kl. As proposed, the length of SW 83rd Court will be approximately 475 feet. The extension of SW 83rd Court is the only acceptable option for providing adequate access to this site because of ODOT access limitations to SW Hall Boulevard. The granting of this variance will not be HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS PAGE 10 detrimental to the public health, safety and welfare or injurious to the rights of other owners of property. Additionally, this variance is necessary for the enjoyment of a substantial property right. If this variance were to be denied, this land would only be developable at the same density by the creation of either an undesirable private street, common access tract, or flag lots. Alternatively, lots would be lost. Although not requested by the applicant, a variance is also necessary for lots number 10 and 11 which exceed the maximum lot depth to width ratio as specified in Section 18.164.060(Al(11(b). This section allows a maximum lot depth to width ratio of 2.5:1. Lot 10 exceeds this requirement by 2 feet, whereas lot 11 exceeds this requirement by 5.5 feet. To correct this by shifting lot lines to the west would require that other lots give up square footage. Again, this site is in a peculiar situation in that the placement of the road extension cannot be adjusted to bring these two lots into compliance. All eleven lots exceed the minimum lot size requirement of 3,050 square feet per lot so there would not be any detrimental effect on adjoining properties if this portion of the variance is granted. Additionally, the granting of this variance lends to preserving the proposed sizes of the lots which abut SW Hall Boulevard (lots 5, 6, and 7). This allows the greatest amount of flexibility for the individual placement of the homes which will be adjacent to an arterial. Therefore, this portion of the variance should be approved. 7. The proposed subdivision plat is consistent with the requirements of Chapter 18.164 (Street and Utility Improvement Standards), or can be modified to be consistent with these requirements, because: a. The applicant will be required to install half-street improvements and dedication of additional right-of-way to 60 feet from centerline along the site's frontage on SW Hall Boulevard. The improvements shall be designed and constructed to arterial standards. Southwest Bonita Road is fully improved therefore, no improvements are necessary. The applicant shall be required to provide full width street improvements to local street standards for the extension of SW 83rd court. b. The proposed buildable lots are consistent with code standards for maximum lot depth-to-width ratio except for lots number 10 and 11 which is addressed by the above referenced variance. Minimum frontage on a public, and other applicable lot dimensional standards have been satisfied. C. The existing lines and the applicant's preliminary plans for developing sanitary and storm sewers as well as public water lines will provide for adequate necessary public facilities. B. Compliance With Comprehensive Plan Policies HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS PAGE 11 0 0 1. The subdivision is consistent with Policy 2.1.1 because notice of the application and the public hearing on this item was provided to the neighborhood planning organization and to owners of property in the vicinity of the site. The proposed site has been posted with a sign noting that a development application on this site was pending. 2. In order to comply with Policy 4.2.1, a condition is warranted to require the developer to prepare an erosion control plan ensuring compliance with erosion control standards for the Tualatin River Basin as part of the grading permit application. The developer shall also construct an on-site water quality facility as required by the Oregon Environmental Quality Commission and USA regulations or pay a fee-in-lieu of constructing an on-site water quality facility. The City's Engineering Department advises that the site developer be required to pay a fee in lieu of the construction of an on-site facility. The site is considered unsuitable for development of an on-site facility because of its relatively small size and the unavailability of space within which to place the facility. Payment of a fee in lieu of construction of a facility is authorized by the Oregon Environmental Quality Commission and USA regulation is cases where it is undesirable or impractical to construct a facility. 3. This subdivision proposal complies with Policy 7.1.2, 7.3.1, and 7.4.4 because the applicant will extend public sewer and water systems to this site and will provide for underground installation of phone, electricity, and cable television lines. 4. The subdivision proposal complies with Policy 8.1.1 and 8.1.3 because the proposed improvements to the streets within and adjacent to the subdivision should contribute to a safe and efficient street system in this area. The extension of SW 83rd Court will be required to be improved consistent with City of Tigard standards for public streets. The anticipated traffic from the eleven residences to be built in the subdivision are not expected to significantly affect total traffic levels in the area. VI. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the proposed subdivision, 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. In recognition of the findings staff recommends APPROVAL of subdivision proposal SUB 92-0009 and Variance VAR 92-0017 for the proposed Starlings Crossing subdivision subject to the conditions which follow. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC IMPROVEMENTS SHALL BE COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO THE ISSUANCE OF ANY PERMITS FOR CONSTRUCTION OF THE SUBDIVISION. Staff contact for all recommended conditions is Chris Davies of the Engineering Department, 639- 4171, unless otherwise noted. HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS PAGE 12 • THE APPLICANT SHOULD BE REQUIRED TO COMPLY WITH THE FOLLOWING CONDITIONS PRIOR TO RECORDING OF THE FINAL PLAT WITH WASHINGTON COUNTY: 1. The applicant shall be required to pay the surface water quality fees as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91-47. NOTE: This is a two part fee which is paid at different times. The first portion is paid with the public improvements for that portion of the development which increases the impervious area within the public right-of-way. The second portion is paid at the time of Building Permit issuance which for each individual lot. 2. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval. NOTE: These plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. 3. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989. 4. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. Easements shall be provided where crossing other lots. A joint use and maintenance agreement shall e recorded with each lot accessing a private storm drain line. 5. Storm drainage details shall be provided as part of the public improvement plans. Calculations and a topographic map of the storm drainage basin service area shall be provided as a supplement to the public improvement plans. Calculations shall be based on full development of the serviceable area. The location and capacity of existing, proposed, and future lines shall be addressed. 6. A grading plan shall be submitted showing the existing and proposed contours and typical finished floor elevations on each lot, including elevations at 4 different corners of the floor plan tied to the top of curb elevations as shown on the public improvement plans. 7. The applicant shall make an appointment for a pre-construction meeting with the City of Tigard Engineering Department after approval of the public improvement plans but before starting work on the site. The applicant, the applicant's engineer and contractor shall be required to attend this meeting prior to receiving the approved plans and permits. 8. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of SW Hall Boulevard. A copy of the permit shall be provided to the City Engineering Department prior to issuance of a Public Improvement Permit. 9. Additional right-of-way shall be conveyed to the State of Oregon, by and through its Department of Transportation, Highway Division, along the HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS PAGE 13 0 0 SW Hall Boulevard frontage to increase the right-of-way to 60 feet from centerline. The description shall be tied to the existing right-of-way centerline. Verification that the conveyance has been submitted to the State, shall be provided to the City Engineering Department. NOTE: For additional information, contact Myron Melick; Oregon Department of Transportation, Right-of-Way Section, 7165 SW Fir Loop, Tigard, Oregon 97223, 684-1510. 10. The applicant shall comply with the requirements of the Oregon State Highway Division by installing half-street along the frontage of SW Hall Boulevard. Two (2) copies of the approved public improvement plans shall be submitted to the City Engineering Department prior to the issuance of a Public Improvement Permit from the City. 11. Lots 5, 6 and 7 shall not be permitted to access directly onto SW Hall Boulevard. Lots 8, 9, 10, and 11 shall not be permitted to access directly onto SW Bonita Road. 12. The applicant shall underground utilities along SW Hall Boulevard and SW Bonita Road which fronts this development or pay a fee in-lieu of undergrounding. 13. Construction of the proposed public improvements and issuance of Building Permits shall not commence until after the Engineering Department has reviewed and approved the public improvements plans, a street opening permit or construction compliance agreements has been executed, execution of a developer-engineer agreement and payment of all permit fees. 14. Prior to the plat being recorded with Washington County, the applicant shall provide a 100 percent performance assurance or letter of commitment. As an alternative, the applicant may have the plat recorded after the public improvements have been accepted by the City of Tigard and Oregon Department of Transportation and has posted the appropriate Maintenance Bond. 15. A tree survey identifying the type and size of all trees on the site which are over 6 inches in diameter shall be submitted. This survey shall specify those trees which are proposed for removal in coniunction with public improvements. A tree removal permit shall be applied for and approved by the Planning Division prior to the removal of any such trees on-site. STAFF CONTACT: Victor Adonri, Planning Division. THE APPLICANT SHOULD BE REQUIRED TO COMPLY WITH THE FOLLOWING CONDITIONS PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 16. A tree survey identifying the type and size of all trees on the site which are over 6 inches in diameter shall be submitted. This survey shall specify those trees which are proposed for removal for individual building lots. A tree removal permit shall be applied for and approved by the Planning Division prior to the removal of any such trees on-site. STAFF CONTACT: Victor Adonri, Planning Division. HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS PAGE 14 0 0 17. A demolition permit will be required for the removal of the existing buildings. STAFF CONTACT: Brad Roast, Building Division. 18. The septic tank shall be pumped out and filled in or completely removed. An inspection shall be obtained after the tank is filled or removed. A copy of the receipt from the pumping company shall be provided. If the building is connected to the public sewer the line shall be properly capped-off, and inspected by the City. STAFF CONTACT: Brad Roast, Building Division. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS SUBMITTED WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. Preparec'By: Ron Pomeroy/ Date Assistant Planner Approved By: Dick Bewer~ff Senior P1 ner M4 HEARINGS OFFICER - SUB 92-0009 - STARLING/EDWARDS Date 1 z O Z 4 a z J O J z z _ =9 o / 4" &W WEAVER WAY 0 u a < z 01 L DT 1 1 PAGE 15 AJ:L.aPJi EA IE (iIIlil V 1GIGJl`c11'll V I II H NC o ENGINEERING A DEVELOPMENT SERVICES a SURVEYING July 22, 1992 PROPOSED STARLINGS CROSSING APPLICANTS STATEMENT Proposal: 11 lot subdivision on 1.55 acres. Site: Underdeveloped property southeast of the intersection of S.W. Hall Boulevard and S.W. Bonita Road, west of "Getty's Emerald Acres Estates" and north of "Hamback Park". S.W. Hall Boulevard is a State Highway, while S.W. Bonita Road is a city street. Map: WCTM 2S1 12BC Tax Lot: Tax Lot 1600 Owner: Dr. Carlos Starling c/o Roger Edwards 4500 SW Kruse Way One, Suite 180 Lake Oswego, OR 97223 Develoner: Dr. Carlos Starling c/o Roger Edwards 4500 SW Kruse Way One, Suite 180 Lake Oswego, OR 97223 Zoninq: R-12, 12 units per acre. 3,050 square feet minimum lot size Densitv: 11 Lots on 1.55 acres Calculations: Total Gross Area: 67,439 SF Less Street Area: 13,530 SF Total Net Developable Area: 53,900 SF Allowed Units: 53,900 SF - 3050 W 17 Units Proposed Units: 11 Units PLAZA WEST A SUITE 230 A 9600 S.W. OAK o PORTLAND, OREGON 97223 A 503-452-8003 a FAX 503-452-8043 AJ.PHA I' NC~uIT\TEIERn;)TG ZINC. ENGINEERING o DEVELOPMENT SERVICES o SURVEYING Public Facilities: Streets & Access: The size of the site and its immediate location at a street intersection entail that proposed access to the development will come from the east via S.W. 83rd Court which goes through "Getty's Emerald Acres Estates". S.W. 83rd Court will be extended into a cul-de-sac. Because of the nature of existing access streets, a variance is requested (per 18.134.050 A.4) to extend the cul-de-sac beyond 400 feet (18.164.030.k). Additionally, an extension to S.W. Hall Boulevard is not recommended by the State Highway Department and City staff further limiting the potential for street access. Sanitary Sewer: Sanitary sewer will be extended into site via S.W. 83rd Court. Storm Drainage: Drainage will be directed to existing systems in S.W. Bonita Road. Water - Water is available from existing line in S.W. 83rd Court. Solar Access: Proposed Lots 1-4 and 8-11 will meet the basic requirements as described in Code Section 18.88.040C(1). An adjustment to the design standard is requested for that area proposed as Lots 5-7. This adjustment is being requested consistent with Section 18.88.040Ea(iii). The site has only one east-west road opportunity, that being S.W. 83rd Court. Because City and State are not recommending that S.W. 83rd Court go through to S.W. Hall Boulevard, that one east-west road opportunity is eliminated. Lots 5-7 are therefore impacted. In summary, 8 of the 12 lots or 73% comply with basic requirements. It is requested that the area proposed as Lots 5-7 not be included in that area necessary to meet basic requirements for the above stated reasons. PLAZA WEST o SUITE 230 0 9600 S.W. OAK o PORTLAND, OREGON 97223 A 503-452-8003 n FAX 503-452-8043 9 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by the City of Tigard ) FINAL ORDER for a Sensitive Lands Review for a landform alteration ) at the north edge of Cook Park in the R-4.5 zone ) SLR 92-0003 in the City of Tigard, Oregon ) (Tigard/Cook Park) 1. SUMMARY OF THE REQUEST The applicant requests approval of a Sensitive Lands Review and Conditional Use Permit modification for development in Cook Park within the 100-year flood plain of the Tualatin River outside the zero foot rise floodway. Based on the preliminary grading and landscape plans, the applicant will excavate and grade roughly 14,000 square feet adjoining the north edge of Cook Park west of and adjoining SE 92nd Avenue to enhance and enlarge the existing wetland there. No change is proposed in the use of the park, and no structures are proposed. The modification is intended to mitigate the impact of wetlands filling for the Dartmouth Road construction project in the Tigard Triangle area, consistent with anticipated US Army Corps of Engineers and Oregon Division of State Lands permits for the road project. City staff recommended conditional approval of the request. The applicant accepted the conditions of approval. Four members of the public testified with concerns about the proposed landform modifications and about implications of the application for park acquisition and planning in the City generally. LOCATION: West of and adjoining SW 92nd Avenue at the north edge of Cook Park; WCTM 2S 1 14D, Tax Lot 101 APPLICANT & OWNER: City of Tigard SITE AREA: About 14,000 square feet of the 15-acre parcel APPLICABLE LAW: Tigard Community Development Code Chapters 18.50 (R-4.5 zone), 18.84 (Sensitive Lands), and 18.130 (Conditional uses); Comprehensive Plan policies 2.1.1, 3.2.1, 3.2.2, 3.2.3, 3.5.3, and 4.2.1 STAFF RECOMMENDATION: Conditional approval HEARINGS OFFICER DECISION: Conditionally approved IL FINDINGS ABOUT SITE AND SURROUNDINGS The Hearings Officer incorporates by reference the findings regarding the site and surroundings in section II of the City of Tigard Staff Report dated August 31, 1992. III. APPLICABLE APPROVAL CRITERIA & DEVELOPMENT STANDARDS The Hearings Officer incorporates by reference the findings regarding the applicable approval criteria and development standards in section III of the City of Tigard Staff Report dated August 31, 1992. Page I - Hearings Officer decision SLR 90-0003 (TigardlCook Park) 0 0 IV. HEARING, TESTIMONY, AND NPO & AGENCY COMMENTS A. Hearing. The Hearings Officer received testimony at the public hearing about this application on August 31, 1992. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. B. Summary of Testimony. 1. Jerry Offer testified on behalf of the City of Tigard Planning Department and summarized the staff report and recommendation. He introduced and responded to comments by NPO 6. He also responded to questions about the potential for residential development on land north of the project site. 2. Greg Berry testified for the applicant, summarized the proposed modification, and responded to questions by the public. Among other things, he explained that the City will undertake a hydrologic study to determine the elevation of groundwater at the project site, so the City can excavate to the minimum extent necessary so that groundwater will surface to water planned wetland plantings. 3. Sue and Richard Kasson, Vicki Harrington and Diane Newlin tested with concerns regarding the project. In summary, Ms. Kasson argued that planned hydrologic research should consider more than that site of the proposed mitigation project, particularly the impact on land to the north. She also expressed concern about the success of the proposed mitigation project. Mr. Kasson appeared as attorney for Friends of Cook Park. He objected to the project in general. He opined that the City should do more to consider the impact of the project on the park, the need for additional parkland acquisitions (particularly the adjoining land to the north), and the impact of the project on streamflow to the north. Ms. Harrington and Ms. Newlin asked questions to clarify the location and nature of the proposed project. C. NPO & Agency Comments The Hearings Officer incorporates by reference the findings regarding NPO and agency comments in section IV of the City of Tigard Staff Report dated August 31, 1992. V. EVALUATION OF REQUEST The Hearings Officer incorporates by reference the evaluation in section V of the City of Tigard Staff Report dated August 31, 1992 with the following amendments: 1. The proposed project is not reasonably likely to affect hydrology in the area, because it does not withdraw water from the aquifer or Tualatin River, introduce water into the aquifer or river from other watersheds, or change other hydrologic features. Daylighting groundwater could marginally increase evaporative water losses; but, new plants are likely to absorb and retain a roughly equivalent water volume. Moreover, potential impacts on hydrologic regimes is not relevant to the SLR, provided the capacity of the zero foot rise floodway is not reduced. The Hearings Officer finds that, based on the level of detail in preliminary plans and on public agency review of preliminary and final plans and work in progress, the proposed wetland mitigation will be undertaken in a manner that is reasonably likely to succeed as represented. Page 2 - Hearings O lcer decision SLR 90-0003 (Tegard/Cook Park) • 2. The Hearings Officer does not have jurisdiction to decide whether the project is an exercise in good public policy (except insofar as any project that complies with applicable approval criteria and development standards is presumptively assumed to be consistent with adopted public policies for the common good) or whether the money spent for this project would be better spent acquiring additional land for Cook Park. VI. SITE VISIT BY HEARINGS OFFICER The Hearings Officer visited the site without the company of others. VII. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed landform alteration complies with the applicable approval criteria for a sensitive lands review permit and for minor modification of the conditional use permit for Cook Park. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves SLR 90-0003, subject to the conditions of approval recommended in the City of Tigard Staff Report dated August 31, 1992. DATED this day ptember, 1992. Larry Epste' s Officer Page 3 - Hearings Oyicer decision SLR 90-0003 fTigard/Cook Park) 9 • AGENDA ITEM 2.2 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON In the matter of an application by the ) STAFF REPORT City of Tigard for Sensitive Lands Review ) SLR 92-0003 approval for site work within the 100 year ) CITY OF TIGARD floodplain of the Tualatin River. The site ) is within Cook Park. I. SUMMARY OF THE REQUEST The City of Tigard requests Sensitive Lands Review approval to allow landform modifications within the 100-year flood plain of the Tualatin River. The proposed landform alterations would include excavation to expand an existing wetlands on the site by an area of approximately 0.5 acres and excavation within the existing wetlands to create open water areas and two islands. The planting plan for the project includes replacement of some existing vegetation with a variety of wetland plantings. This project is proposed as a wetland mitigation project to compensate for wetlands that the City has proposed to fill as part of road construction project. The site of the proposed wetland falling is more than two and one half miles from the Cook Park site. The proposed wetland filling elsewhere is not the subject of the current application. Because the proposed wetlands mitigation site is within Cook Park, an existing community recreation facility, the proposal is also to be considered as a minor modification to an existing conditional use. Community recreation is a conditional use in the R-4.5 zoning district applied to the site. LOCATION: Northern portion of Cook Park on the west side of SW 92nd Avenue. The proposed wetland mitigation site is located just north of the existing soccer fields. (WCTM 2S1 14D, Tax Lot 101. APPLICANT: City of Tigard Contact: Greg Berry PROPERTY OWNER: City of Tigard APPLICABLE LAW: Tigard Community Development Code Chapters 18.50 (R-4.5 zone), 18.84 (Sensitive Lands), 18.130 (Conditional Use); Comprehensive Plan Policies 2.1.1, 3.2.1, 3.2.2, 3.2.3, 3.5.3, and 4.2.1 STAFF RECOMMENDATION: Approval subject to conditions. HEARINGS OFFICER STAFF REPORT - PAGE 1 SLR 92-0003 (Cook Park Wetlands) 0 0 II. FINDINGS ABOUT SITE AND A. Site size: Tax lot 700 is approximately 15 acres in size. Cook Park is approximately 51 acres in size. B. Site location: The area proposed for the wetland mitigation project is located just north of the soccer fields in Cook Park. The site is on the west side of SW 92nd Avenue and south of an undeveloped parcel that is under private ownership. C. Existing use: The portion of tax lot 700 that is proposed for the mitigation project is an undeveloped open wet meadow dominated by grasses such as meadow foxtail, tall fescue, and velvet grass. South of the proposed mitigation project site, tax lot 700 contains two soccer fields, a sport court and parking. The western portion of the parcel is wooded. D. Proposed use/Proposal description: The City of Tigard proposes no change in the usage of this portion of Cook Park from its current natural area status but instead seeks to modify the area to enhance its wetland values. Therefore, Sensitive Lands Review approval is requested to allow landform modifications within the 100-year floodplain of the Tualatin River. The proposed landform alterations would include expansion of the existing wetlands on the site by an area of approximately 0.5 acres to be excavated immediately to the west. In addition, excavation within the existing wetlands would be done to create open water areas and two islands. The planting plan for the project includes replacement of some existing vegetation with a variety of wetland plantings. The City intends for construction to take place next summer in order that further studies of fluctuations of the water table and periods and depths of inundation may be made. In addition, the City anticipates that the joint DSL/Corps of Engineers permit that would be necessary to modify a wetland and floodplain area would be conditioned upon construction occurring during the drier months. The applicant's statement and attachments further detail the proposal. A copy of the joint permit application is also included. This project is proposed as a wetland mitigation project to compensate for wetlands that the City has proposed to fill as HEARINGS OFFICER STAFF REPORT - PAGE 2 SLR 92-0003 (Cook Park Wetlands) 0 9 part of the Dartmouth Road construction project within the Tigard Triangle area. The site of the proposed wetland filling is north of Highway 217, more than two and one half miles from the Cook Park site. The proposed wetland filling elsewhere is not the subject of the current application. Because the proposed wetlands mitigation site is within Cook Park, an existing community recreation facility, the proposal is also to be considered as a minor modification to an existing conditional use. Community recreation is a conditional use in the R-4.5 zoning district applied to Cook Park. No other improvements to Cook Park are proposed. E. Topography and drainage: The site is relatively flat and is in the 100-year flood plain of the Tualatin River. The 100-year flood elevation is 126 feet according to the FEMA Flood Insurance Study for the Tualatin River maps for this area (last updated in February, 1984). The site is within the flood plain fringe and not within the zero-foot rise floodway. A small creek drains westward through the existing wetland area towards the Tualatin River. (NOTE: the floodplain map/aerial photograph for this area does not reproduce well and therefore has not been included in the applicant's proposal package or the staff report. The aerial photo is available for review at the. Planning Division office and will be available at the public hearing on this proposal). F. Plan designation and zoning: The site is designated for Low Density Residential usage by the Comprehensive Plan. The site is zoned R-4.5. G. Streets and access: The site is within Cook Park next to SW 92nd Avenue. SW 92nd Avenue is classified as a minor collector street on the City' s Transportation Plan Map. SW 92nd Avenue extends from Durham Road to the entrance of the Cook Park, although south of Kneeland Estates and Tigard High School the road serves largely as a park road. The street has a 24-foot wide pavement width within a 50-foot right-of-way. The street has streetlights but no curbs, sidewalks or storm drains. H. Surrounding land uses: Tigard High School and single family residential development are located north of the park. A dairy farm is immediately east of the park. The Tualatin River forms the southern boundary of the park. Tualatin Country Club is further south. HEARINGS OFFICER STAFF REPORT - PAGE 3 SLR 92-0003 (Cook Park Wetlands) • 0 III. APPLICABLE APPROVAL CRITERIA & DEVELOPMENT STANDARDS A. Chapter 18.50 (R-4.5 zone) Chapter 18.50 contains the regulations of the R-4.5 zone including use, structure setbacks, minimum lot size, and other dimensional standards. Community recreation use is listed as a conditional use in the R-4.5 zone. B. Chapter 18.130 (Conditional Use) Section 18.130.050 subjects enlargement or alteration of an existing conditional use to Conditional Use review, with major modifications to an existing conditional use to a full public hearing review and' minor modifications to an existing conditional use to administrative review. Section 18.130.050.B provides standards for determining whether a change is a major or minor modification. C. Chapter 18.84 (Sensitive Lands Review). 1. Chapter 18.84 contains the regulations for land subject to sensitive lands review. Sensitive lands review is intended to implement flood plain protection measures and to protect rivers, streams, and creeks by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitat, and preserving scenic quality and recreational potential. Section 18.84.015(A) allows community recreation uses such as parks in areas subject to sensitive lands review. Section 18.84.015(C) requires Hearings Officer approval of land form alterations or development in the 100-year flood plain. 2. Section 18.84.040 provides that floodplain landform alterations subject to sensitive lands review must comply with the following criteria: a. 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; b. Landform 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 HEARINGS OFFICER STAFF REPORT - PAGE 4 SLR 92-0003 (Cook Park Wetlands) 0 • 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; C. 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; d. The landform alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; e. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; f. The necessary U. S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approval shall be obtained; and g. where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the f loodplain in accordance with the adopted pedestrian/bicycle pathway plan. D. Applicable Comprehensive Plan Policies. 1. Policy 2.1.1 provides the City will assure citizens will be provided an opportunity to be involved in all phases of the planning process. 2. Policy 3.2.1 provides that the City will prohibit any development within the 100-year floodplain that would result in any rise in elevation of the 100-year floodplain. 3. Policy 3.2.2 provides that the City prohibit development in the f loodway but may allow development in the f loodway if the alteration preserves or enhances the function and HEARINGS OFFICER STAFF REPORT - PAGE 5 SLR 92-0003 (Cook Park Wetlands) 0 0 maintenance of the zero-foot rise floodway; Policy 3.2.1 also provides that the City may allow limited specified development in the flood plain outside the zero-foot rise floodway. 4. Policy 3.2.3 provides that development is within the 100- year floodplain outside the zero-foot rise floodway is conditioned upon specified requirements. 5. Policy 3.5.3 provides that the City has designated 100- year flood plains of the Tualatin River as greenway and that development within the 100-year floodplain shall be conditioned upon the dedication of sufficient open land area for greenway within the floodplain. 6. Policy 4.2.1 provides that all development within the Tigard Urban Planning Area shall comply with applicable federal, state and regional water quality standards. IV. NPO & AGENCY COMMENTS The City of Tigard Building Division and Engineering Department have reviewed the proposal and have offered no comments. The Unified Sewerage Agency has reviewed the proposal and recommends approval subject to the following conditions: An undisturbed buffer with a minimum width of 25 feet shall be required between the wetlands and any adjacent structures except streets; - A final wetlands enhancement/mitigation plan shall be submitted to USA for review. NPO #6 has reviewed the proposal and offered several comments. The August 19, 1992 NPO meeting minutes are attached. (Staff notes that none of the NPO comments appear to be on point with regard to the scope of the Hearings Officer's review of this application. The comments are primarily concerned with urging the City to purchase a parcel immediately north of the subject site, and to a lesser extent, are concerned with whether filling of wetlands in the Tigard Triangle has been minimized. The NPO comments have been forwarded to City employees responsible for park planning and the road construction project in the Triangle). The Oregon Division of State Lands and the US Army Corps of Engineers have also been notified of the Sensitive lands Review request but have not returned comments to the City. The City has also made application for a joint DSL/Corps permit for wetland and floodplain modifications. That request is pending. HEARINGS OFFICER STAFF REPORT - PAGE 6 SLR 92-0003 (Cook Park Wetlands) 0 0 V. EVALUATION OF REQUEST A. Compliance with Community Development Code Requirements 1. The use of the site as a public park complies with Chapter 18.54 because community recreation use is listed as a conditional use in the R-4.5 zone. Existing buildings within Cook Park comply with the requirements of the R-4.5 zone concerning minimum building setbacks and maximum building heights. The current application does not propose any additional buildings in the park. There are no minimum landscaping or maximum site coverage standards in the R-4.5 zone. 2. The application proposes no change in the usage of the site or intensification of the existing community recreation usage. The proposal, therefore, is not a major modification of an existing conditional use as outlined by Code Section 18.130.050.B (1) through (10). Since this is therefore a minor modification of an existing conditional use, pursuant to Section 18.130.060, a new Conditional Use application is not required. However, this section requires that the Planning Director, or in this case the Hearings Officer, to determine that no Code provisions would be violated. The remainder of this report contains staff's analysis and proposed findings related to the proposal's consistency with applicable Code provisions. If the proposal is found to be consistent with these other Code provisions, the proposed minor modification to an existing conditional use should also be approved. 3. The proposed use complies with the standards of Chapter 18.84 because: a. Community recreation use is listed as a permitted use in areas subject to sensitive lands review (Section 18.84.015.A.3). b. A landform alteration in the 100-year flood plain is permitted in a residential zone for a community recreation use (Section 18.84.040.A.2). C. Landform modifications within wetland areas that meet the jurisdictional requirements and permit criteria of the US Army Corps of Engineers and Oregon Division of State lands do not require a sensitive lands permit, except where other Sensitive Lands Review requirements apply (Section 18.84.015.C). The subject site contains wetlands. The City has applied for a joint Corps/DSL wetland modification permit since the site and proposal HEARINGS OFFICER STAFF REPORT - PAGE 7 SLR 92-0003 (Cook Park Wetlands) 0 0 fall within Corps/DSL jurisdictional requirements. Therefore, the Hearings Officer need not review the proposal for consistency with the standards of Section 18.84.040.D dealing with wetlands but instead the Hearings Officer should defer to the Corps/DSL permitting process. The Hearings Officer, however, does need to review the proposal with the Sensitive Lands Review approval criteria of Section 18.84.040.A for alteration to the 100-year floodplain. Approval of the joint Corps/DSL permit should be required as a condition of approval of the Sensitive Lands Review permit. d. The proposed development is outside the zero-foot rise floodway and therefore should not result in narrowing of the floodway boundary (Section 18.84.040.A.1). The proposed grading does not include bringing fill to the site and therefore should not result in any increase in the water surface elevation of a 100-year flood or any change in the floodplain storage function (Sections 18.84.040.A.1 and .3). e. A pedestrian/bicycle pathway is not necessary since a path already exists through the park and extending westward within the Tualatin River greenway and that path is not located below the elevation of an average annual flood. (Sections 18.84.040.A.4 and .5). f. Approval of the US Corps of Engineers and Oregon Division of State Lands is required because the proposed work is within an existing wetland with open and possibly navigable water. The City of Tigard has applied for a joint DSL/Corps permit. Approval of the Sensitive Lands Review request should be subject to the City also receiving approval of the joint permit and should also be subject to any conditions of approval of the joint permit. (Section 18.84.040.A.6). g. Dedication of open space is not necessary because Cook Park is already owned by the City. (Section 18.84.040.A.7). B. Compliance with Applicable Comprehensive Plan Policies. 1. The proposal complies with Policy 2.1.1, because notice of the application and hearing was forwarded to the neighborhood planning organization and to owners of property in the vicinity of the site. Notice of the impending hearing was also published in the Tigard Times. HEARINGS OFFICER STAFF REPORT - PAGE 8 SLR 92-0003 (Cook Park Wetlands) 2. The proposal complies with Policies 3.2.1, 3.2.2, and 3.2.3, because the proposed landform modification is outside of the floodway of the Tualatin River, should not result in any increase in the elevation of the 100-year flood since no additional material other than plantings is being added to the floodplain are, and because the proposed landform modification within an area designated Residential by the Comprehensive Plan Map is associated with community recreation use. As noted above, dedication of floodplain area and development of a pedestrian/bicycle pathway has already occurred. 3. The proposal complies with Policy 3.5.3, because the City already owns Cook Park. 4. In order to comply with Policy 4.2.1, a condition is warranted to require the applicant to submit an erosion control plan and follow accepted erosion control construction practices ensuring compliance with interim erosion control measures for the Tualatin River Basin as part of the final grading permit application. VI. CONCLUSION AND RECOMMENDATION Staff concludes that the proposed minor modification to an existing conditional use and the proposed landform alterations within the 100-year floodplain of the Tualatin River comply with the applicable approval criteria for a Sensitive Lands Review permit. Staff therefore recommends that SLR 92-0003 be approved subject to the following conditions; 1. The approved floodplain landform modifications may only be constructed if the City has also obtained approval of a joint Oregon Division of State Lands/Corps of Engineers permit for modification of a wetlands. Approval of this Sensitive Lands Review permit is conditioned upon compliance with all conditions of the associated joint permit. 2. An erosion control plan shall be provided as part of the building permit submittal. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November, 1989." 3. A final wetlands enhancement/mitigation plan and/or copy of the DSL/Corps joint permit shall be submitted to the Unified Sewerage Agency. USA STAFF CONTACT: Walter Haight, 648-8621). THIS APPROVAL IS VALID IF IMPLEMENTED WITHIN 18 MONTHS OF THE DATE THE DECISION BECOMES FINAL. HEARINGS OFFICER STAFF REPORT - PAGE 9 SLR 92-0003 (Cook Park Wetlands) _ _ _ . ' HIGH SCNOOU ti+,gr a ~ W. MARTHA S S ~ ~►AR,I~,tA g7 COOK I ~ CT a a 3 ~ g W- 4 S. W. jUtAA Pt- qit. . gER£Hp oo~~ a .a S.W. KeNT d rn n C rz T 3 3 3 !Z ~ a { 3 at~ERwp00 N SIT E f _ '00"K. PAW', (CITY OF TIGARD~ D r~ 0 Larry Epstein, Esq. Land Use Hearings Officer City of Tigard Subject: Cook Park Wetlands Mitigation Project Dear Mr. Epstein: CITY OF TIGARD \ OREGON Please accept this as the application for a Sensitive Lands Review for this project. Purpose: The purpose of the project is to replace wetlands displaced by a City street construction project as required by Section 404 of the Clean Water Act. Site: The site is within the eastern portion of a 15.25 acre City- owned parcel along the north of Cook Park, west of SW 92nd Avenue as shown on the attached site map. The site is entirely inundated by the 100-year flood elevation of 126' and designated "low density residential" on the Comprehensive Plan Map. Project Descrintion: The mitigation plan includes 1.38 acres of wetlands enhancement and 0.5 acres of created wetlands. Minor grading without imported fill is proposed. Details of the proposed plan are described at Section 5.2 of the Wetlands Mitigation Plan submitted here and to the Corps of Engineers for approval. A copy of this portion of the plan is attached. The plan recommends that construction be delayed until next summer so that further groundwater table fluctuations and periods and depths of inundation may be documented. Approval Standards: The standards as set out at 18.84.040 of the Code are met as follow: 1. The proposed land form alterations preserve the floodplain storage function since the proposed grading does not include bringing fill to the site. Moreover, the grading is confined to the fringe of the floodplain designated as "flooding caused by poor drainage" so narrowing of the floodraay boundary will not result. 13125 SW Hall Blvd. P.O. Box 23397, Tigard Oregon 97223 (503) 639-4171 ' 2. Landform alterations within areas designated as residential are permitted if the "alterations or developments [are] associated with community recreation uses". Theoproposed project would expand Cook Park with nearly 2 acres of wetlands featuring diverse native wetlands plants that are rarely found in urbanized areas. An interpretive center has been suggested by the biologists preparing the plan. Accordingly, the site will provide a unique urban recreational facility. 3. Since proposed grading is minor, will not require imported fill, and is confined to the fringe of the floodplain, no increase in the elevation of the 100-year flood will result. 4.-5. The City's adopted pathway plan does not include a path through this parcel. 6. The necessary U.S. Army Corps of Engineers and Division of State Lands applications have been submitted after consulting with the appropriate agencies and are attached. 7. The entire site will continue to provide open space. Attachments: -USCE Wetlands Permit Application with wetlands mitigation plan -County assessor's map -Vicinity map -Site map -Planting plan If you have questions or require additional information please call. Sincerely, .~I., Greg N. Berry Utilities Engineer dart.slr t • ~ , ~ r,7 ~ '.h ,CIS ~ • •,~J J I e . . b Ell - l . bed mot:' 3+. 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Prgd wetland mitigation area and preliminary grading plan. r Pond .~~-118 12D- ~.LO Eaisling Wnais NNO / / 122 matzo 118 120 COOK PARK Id ~Ls 0 too 200 FEET C gau&p Aos A4-P, 0 0 ,(-4AJ TlIV 4S & A Ja BOB S i I ifi R esources, nc. c ent c Figure fl. MOLMM REGIME SPECIES Shallow submerged Wapato (Saglaaria Damp/Dry hardback (Spirora dougfads) (-0S - •2t'xt) ladfou) (+OS • +101) rcd•osier dogwood (Chaw LuWanifera) r."Al (Typho Imif0 a) luhcd hairg- (Dad-reprra coespirosa) orcgoo mb (Fix&- lmifaSa) Saturated Sp~erush (FJexlrairpaherbir) (0 - -0SR) Smartweed (Forygonm amplubiwn) Dry/Damp colonial bentglass ( pmar rou,is) small-huh butrush (Scirpsu miaocarp a) (+11- +1Sh) piot lopes (Lupbw aibicauks) Douglas hawthorn (Goroegur dargfari) Moist Pad& Willow (Salmi larimrdro) Seowers WMow(Sorat rcadaiaw) (45 - Oh) Beaked sedge (fora mstrasa) red few= (Fab" nrbm) Oregon ash (Frozinsu ladfofia) Proposed planting plan. 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