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SLR1998-00010 SLR98 00010 FANNO CREEK WEIRS STABILIZATION & ENHANCEMENT PROJECT AT 74TH AVE INDUSTRIAL PARK 120 DAYS=12/22/98 CITY OF TIGARD Community(Development Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Number(s): SENSITIVE LANDS REVIEW (SLR) 98-0010 Case Name(s): FANNO CREEK WEIRS STABILIZATION & ENHANCEMENT PROJECT AT 74TH AVENUE INDUSTRIAL PARK Name of Owner: Pacific Santa Fe Corporation Name of Applicant: Pacific Realty Ventures Address of Applicant: 17700 SW Upper Boones Ferry Rd.. Ste. 100 City: Portland State: Oregon Zip: 97224 Address of Property: North of SW 74th Avenue. east of SW Durham City: Tigard State: Oregon Zip: 97224 Tax Map & Lot No(s).: WCTM 2S112DC, Tax Lot 01400. Request:- AT THE SEPTEMBER 14, 1998 PUBLIC HEARING, THE HEARINGS OFFICER APPROVED, SUBJECT TO CONDITIONS, A FANNO CREEK STREAM ENHANCEMENT PROJECT INTENDED TO PROVIDE STREAMBANK STABILIZATION AND RIPARIAN ENHANCEMENT THROUGH A COMBINATION OF IN-STREAM STRUCTURES AND RIPARIAN PLANTINGS. THE SITE HAS BEEN PREVIOUSLY DISTURBED, WITH A STEEP RIP-RAPPED BANK ON THE SOUTHERN EDGE OF FANNO CREEK DOMINATED BY HIMALAYAN BLACKBERRIES. THE PROPOSED IN-STREAM BOULDER STRUCTURES FOR FANNO CREEK ARE FIVE (5) STREAM BARBS (BENDWAY WEIRS) TO BE INSTALLED WITHIN THE CHANNEL OF FANNO CREEK TO REDUCE BANK EROSION ON THE SOUTHEAST (OUTSIDE) BANK OF A MEANDER IN THE STREAM. PORTIONS OF THE BANK OF FANNO CREEK HAVE BEEN ERODED BY PAST FLOOD EVENTS. Zone: I-P; Industrial Park and W-R; Water Resources Overlay District.. The I-P Zoning District permits light manufacturing, office and complementary commercial uses. The W-R Overlay District applies to Fanno Creek, a significant riparian corridor. The W-R district permits in-stream and streambank enhancement projects with mitigation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.84 and 18.85. Action: — ❑ Approval as Requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator El The applicant and owner(s) Final Decision: 9 DATE OF FILING: SEPTEMBER 18, 1998 THE DECISION SHALL BE FINAL ON MONDAY SEPTEMBER 28,1998,UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of$1,745 plus transcript costs, not in excess of$500. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M.ON SEPTEMBER 28,1998. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. FANNO CREEK AT SW 74th INDUSTRIAL PARK WEIRS STABILIZATION&ENHANCEMENT PROJECT SLR 98-0010 NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an application by Pacific Realty Ventures for ) FINAL ORDER Sensitive Lands Review for landform alterations in the 100- ) year floodplain of Fanno Creek for land north of SW 74th ) SLR 98-0010 Avenue and east of Durham Road in the City of Tigard,Or ) (Fanno Creek weirs) I. SUMMARY The applicant requests approval of a Sensitive Lands Review to allow placement of several "bendway weirs" in the channel of Fanno Creek and associated removal of non- native invasive vegetation and planting of native vegetation along the adjoining shoreline. City Hearings Officer Larry Epstein(the "hearings officer")held a duly noticed public hearing on September 14, 1998 to receive public testimony and evidence regarding the application. The City Planning Division recommended conditional approval of the application. see the Staff Report to the Hearings Officer dated September 4, 1998(the "Staff Report"). The applicant accepted the Staff Report and recommendations without objections or corrections. One member of the public testified about the circumstances that led to the application. Following the close of the public hearing,the hearings officer approved the application subject to the conditions recommended by staff, based on the findings provided below or incorporated herein . II. HEARING AND RECORD 1. The hearing officer received testimony at the public hearing about this application on September 14, 1998. A record of the testimony and evidence in the record is included herein as Exhibit A(Parties of Record), Exhibit B (Taped Proceedings),and Exhibit C(Written Testimony). These exhibits are filed at the City Planning Division. 2. At the hearing City planner MJ. Roberts identified the applicable criteria, summarized the Staff Report,noted the recent approval of a site development review application for an industrial park on or adjoining the site,noted new evidence submitted by the applicant regarding the impact of the proposed development on the base flood elevation (i.e.,that it will not raise the 100-year floor elevation),and recommended approval subject to the conditions of approval in the Staff Report. 3. Dan Maloney,John van Straveren and Dale Shank testified for the applicant. Mr. Maloney explained the purpose of the proposed in-water weirs(i.e., to protect the upland area from undercutting and erosion due to high water velocity on the outside edge of an oxbow formed by Fanno Creek on the site). He noted the 100-year flood elevation is 131.5 above mean sea level (msl),and the elevation of the upland area bounded by the oxbow is 124 feet msl, so that,during a 100-year flood event, water would flow over the oxbow altogether. Mr. van Straveren described the proposed weirs and environmental conditions and the permitting process underway with other agencies to gain approval of the development. Mr. Shank described the function of the weirs,noting that they will slow the velocity of water and push the water toward the center of the channel and away from the south edge(during non-flood conditions). He explained in concept why the addition of the weirs will not increase the flood elevation. 4. John Havery,who owns land to the north of the applicant's site,testified about his recollections of the history of development on the site. He raised concerns about increased flooding. He testified that Fanno Creek,where it crosses the site,did not have an oxbow until a prior owner created it by altering the route of the creek(without permits). Hearings Officer Final Order SLR 98-0010(Fanno Creek weirs) Page 1 He recommended the creek be returned to its former route,obviating the need for the in- stream weirs. Mr. van Straveren agreed that the oxbow was not a naturally formed phenomenon,but it is there now,and the applicant cannot return the creek to its former channel without causing greater potential adverse environmental impacts. Mr.Maloney characterized the application as an attempt to fix the"mess"created by the former owner's actions in altering the channel. III. APPLICABLE APPROVAL STANDARDS AND RESPONSIVE FINDINGS 1. City staff recommended approval of the application,based on affirmative findings and subject to conditions of approval in the Staff Report. The applicant accepted those findings and conditions without objections or corrections. The examiner concludes the affirmative findings in the Staff Report show the proposed preliminary plan does or can comply with the applicable standards of the County Code and Revised Code of Washington,provided the applicant complies with recommended conditions of approval as amended. The examiner adopts the applicable approval standards and affirmative findings in response to those criteria in section IV of the Staff Report,and associated basic facts in section III,V and VI of the Staff Report,as his own except as otherwise expressly provided herein. 2. The Staff Report notes the applicant failed to prove that the proposed weirs would not increase the 100-year flood elevation. Before the hearing,the applicant submitted an exhibit to provide that proof. See the September 14, 1998 letter from Roger Sutherland to M.J. Roberts. Mr.Roberts advised the hearings officer that City staff concluded that letter was sufficient to meet the burden of proof that the development will not raise the 100-year flood elevation. The hearings officer agrees and finds that the proposed development will not increase the 100-year flood elevation,based on the letter. With that,the proposed landform alteration complies with the applicable standards for a sensitive lands review. 3. Although returning the creek to its historic channel is,at first glance,a reasonable and appropriate action,it is not a simple matter to do so. However formed,the oxbow is now part of the fabric of the creek in this vicinity. To remove the oxbow or relocate the creek channel would cause greater impacts than will the proposed weirs,at least in the short term. It is more consistent with the approval criteria for a sensitive lands review to install the weirs than it would be to relocate the channel,because those criteria call for the least impact on the sensitive lands possible. Given the physical conditions existing on the property now,the applicant's proposal is the better concept for addressing creekside erosion and land stability. This does not excuse whatever illegal actions may have been taken by a prior owner of the property. But, given the present ownership and condition of the property,and given the proposed landform alteration complies with applicable approval standards for it,the hearings officer must approve the landform alteration and cannot require restoration of the historical creek channel location. IV. CONCLUSION AND DECISION The hearings officer concludes that the proposed project does or can comply with the applicable provisions of the Tigard Community Development Code,subject to applicable conditions of approval. In recognition of the findings and conclusions contained herein, and incorporating the reports of affected agencies and exhibits received in this matter,the hearings officer hereby approves SLR 98-0010(Fanno Creek weirs)subject to the conditions of approval Hearings Officer Final Order SIR 98-0010(Fanno Creek weirs) Page 2 in section II of the Staff Report,except condition of approval#1 with which the applicant already has complied by submitting the September 14 letter from Mr. Sutherland. T 1 this 18t t< of September, 1998. Allir.tit Larry Ep tein, • ' ' City of T �_a • rings Officer Hearings Officer Final Order SLR 98-0010(Fanno Creek weirs) Page 3 Agenda Item: 2.1 Hearing Date: September 14. 1998 7:00 PM STAFF REPORT TO THE HEARING'S OFFICER CITY OFTIIGARD Community cDeveCopment FOR THE CITY OF TIGARD, OREGON Shaping_A Better Community 120 DAYS = 12/22/98 SECTION I. APPLICATION SUMMARY FILE NAME: FANNO CREEK STABILIZATION AND ENHANCEMENT CASE: Sensitive Lands Review SLR 98-0010 PROPOSAL: The applicant has requested Sensitive Land Review approval to perform landform alterations within the 100-year floodplain and floodway in Fanno Creek to stabilize the bank of Fanno Creek by placement of several "bendway weirs". The applicant also proposes to enhance the riparian corridor through removal of invasive vegetation and planting of native vegetation. APPLICANT: Pacific Realty Ventures OWNER: Pacific Santa Fe Corp. 17700 SW Upper Boones Ferry Rd. (same as applicant's) Suite 100 Portland, OR 97224 COMPREHENSIVE PLAN DESIGNATIONS: Light Industrial; I-L. ZONING DESIGNATIONS: I-P; Industrial Park. The I-P Zoning District permits light manufacturing, office and complementary commercial uses. W-R; Water Resources Overlay District. The W-R Overlay District applies to Fanno Creek, a significant riparian corridor. The W-R district permits in-stream and streambank enhancement projects'with mitigation. LOCATION: The site is located on SW 74th Avenue, approximately 700 feet north of SW Durham Road; WCTM 2S112DC, Tax Lot 01400. The proposed streambank stabilizing structures would be placed against the outer (east) bank of a bend in Fanno Creek. The subject property has received Site Development Review approval for an industrial park development known as the Fanno Creek Business Park. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.84 and 18.85. SECTION II. STAFF RECOMMENDATION The Planning Division recommends 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 the decision complies with applicable local, state and federal laws. Therefore, staff conditionally recommends APPROVAL subject to the following recommended conditions of approval: 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 1 OF 12 * Staffs conditional recommendation that this project be approved with conditions is contingent on the applicant producing certified evidence that the project will satisfy the Floodplain Approval Standards of the Sensitive Lands chapter Tigard Municipal Code (TMC) Chapter 18.84. Staff is currently unable to recommend approval because of insufficient evidence regarding the hydrological impact of the project. This is the only area in which the application lacks sufficient evidence for a positive recommendation. The intent of the project is to have a positive hydrological impact and the applicant's engineer is currently running hydrological modeling which is expected to produce conclusive evidence of such impact. Due to the amount of time involved in running hydrological models, this information was not available in time for inclusion in this report but will be available before the September 14, 1998 Public Hearing. It is staff's recommendation that if new hydrologic evidence demonstrates that the project will not increase the flood elevation or reduce flood storage capacity on or off-site, is certified by a registered professional engineer and accepted by the Engineering Division, that the proposal be approved subject to the recommended conditions of approval below. If revised hydrologic evidence is not sufficient to make these findings and is not accepted by the Engineering Division, Staff's recommendation can only be to deny the application. CONDITIONS OF APPROVAL PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be M. J. ROBERTS, Planning Division (503) 639-4171.) 1. The applicant shall submit hydrologic evidence demonstrating that the project will not increase the flood elevation or reduce flood storage capacity on or off-site. The report shall be certified by a registered professional engineer and accepted by the Engineering Division. 2. Compliance with Unified Sewerage Agency Resolution and Order 96-44 shall be shown (Contact Brian Rager, Engineering Division (503) 639-4171). 3. The applicant should provide the City with the Bendway Weir Theory, Development and Design Fact Sheet that is referred to on Page 1 of the narrative. 4. In accordance with Section 18.84.040(A)(1), the applicant's design and placement specifications for the bendway weirs shall be verified by a registered professional engineer. 5. The applicant shall provide a copy of all required state and federal permits to the City prior to commencing work including, but not limited to, any required permits administered by the Oregon Division of State Lands, US Army Corps of Engineers and Oregon Department of Fish and Wildlife. 6. All work shall be undertaken in compliance with the erosion control plan and the standards under Section 18.85.080.J. Any temporary erosion control methods shall be removed upon completion of the project or as provided by the approved erosion control plan and plan implementation schedule. 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. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 2 OF 12 During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside of the work area. 7. The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. 8. The applicant shall submit an Implementation Plan as required under Section 18.85.080.K demonstrating compliance of the re-vegetation and erosion control plans with the implementation standards of the W-R Overlay District. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICERS' DECISION. SECTION III. BACKGROUND INFORMATION Site History: The site is presently undeveloped but has Site Development Review approval for an industrial park development known as Fanno Creek Business Park (SDR 97-0009). Vicinity Information: This area is currently partially developed with various light industrial uses including other industrial developments such as the 74th Avenue Industrial Park located immediately north of the subject property. Site Information and Proposal Description: The subject property is crossed by Fanno Creek as shown on the attached map. Associated with the creek corridor are wetlands and the 100-year floodplain. The path of the creek corridor across the subject property creates an inaccessible island of land west of the creek and inside a stream meander. The recent site development approval (SDR 97-0009) for Fanno Creek Business Park will develop the buildable, east portion of the property. The applicant proposes to place bendway weirs (stream barbs) in the creek channel to reduce erosion of the outer (east) bank of this meander and to plant native trees and shrubs to enhance the riparian corridor. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Underlying Zoning: The underlying zoning district is Industrial Park (I-P). Within the I-P zoning district, stream bank stabilization is not specifically classified as a permitted, conditional or prohibited use. However, the Water Resources Overlay district which applies to the Fanno Creek corridor defines a streambank restoration and enhancement project as a Type II use that is permitted with approved mitigation. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 3 OF 12 Sensitive Lands: Section 18.84 contains regulations for lands within 100 year floodplains, on slopes greater than 25% and within drainageways and wetlands that are subject to Sensitive Lands Review. Sensitive Lands Review of proposed developments in these areas is intended to implement floodplain protection measures and to protect rivers, streams and creeks by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitat, and preserving scenic quality and recreational potential. Floodplain Approval Standards: Section 18.84.040(A) states that the Hearings Officer shall approve or approve with conditions an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary. The applicant's hydrologist has stated that placement of the proposed bendway weirs will preserve and enhance the floodplain storage function and will not result in any narrowing of the floodway. The hydrological rational in support of this position is provided in the applicant's Hydrology Report (p. 6-7). In summary, the applicant claims that the effect of adding the boulders to the stream channel (which would tend to raise flow elevations) will be more or less offset by a decrease in channel drag due to the smoother-surfaced boulders. The City Engineering Division has reviewed the applicant's hydrology report and has expressed concerns with the rationale on which the report is based. The Engineering Division recommends the hydrology report not be accepted as evidence that the project will not adversely affect floodplain storage and the zero-foot rise floodway. Staff cannot, •therefore, make a finding based on the current application materials that this criterion has been met. Staff will recommend approval with conditions if further evidence, certified by a registered engineer, is submitted showing that stream barb placement will not violate this floodplain standard. 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 subject property is designated Light Industrial on the Comprehensive Plan Map. Therefore, this criterion 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. See response to floodplain storage and zero-foot floodway rise above. 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 on the subject property has been secured in conjunction with approval of the Fanno Creek Business Park (SDR 97-0009). Therefore, this standard does not apply. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 4 OF 12 • The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. The plans for the pathway have been reviewed as part of the Fanno Creek Business Park approval. Therefore, this standard does not apply. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. The applicant is in the process of obtaining Army Corps of Engineers and Oregon Division of State Lands permits. The applicant shall provide a copy of all required permits to the City as a condition of approval. 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. An easement for a pedestrian/bicycle pathway was provided on the subject property as part of the Site Development Approval for Fanno Creek Business Park (SDR 97-0009). Therefore, this criterion does not apply. Steep Slopes Approval Standards: Section 18.84.040(B) states that the Director shall approve an application for sensitive lands permit on slopes of 25% or greater based upon findings that all of the following criteria have been satisfied: The proposed project is to place stream barbs in the channel of Fanno Creek. This aspect of the project will not involve steep slopes over 25%. Noxious vegetation removal is an outright permitted use and is not subject to Sensitive Lands review. Therefore, the Steep Slopes approval standards are not applicable. Drainageway Approval Standards: Section 18.84.040(C) states that the appropriate authority shall approve or approve with conditions an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria have been satisfied: The proposed stream stabilization project will directly impact the stream channel of Fanno Creek through placement of five bendway weirs or stream barbs designed to reduce erosion and stabilize the outer meander bank identified for the project. Therefore, the Drainageway Approval Standards are applicable and are addressed below. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; The project scope involves placement of stream barbs in the stream channel to protect the stream bank. Site disturbances will not, therefore, occur to an extent greater than is required for the stream stabilization project, meeting this standard. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects of hazards to life or property; The project is intended to stabilize the stream bank, decrease erosion and re-establish riparian vegetation on the project site. The Engineering Division has reviewed and commented on the application and has recommended the applicant's hydrology report not be accepted. In the absence of an acceptable hydrology report, based on sufficient data and analysis and certified by a registered professional engineer, staff finds that there is insufficient evidence to make a finding that the project will not result in adverse on or off-site impacts. The applicant has contracted with a professional engineering firm to incorporate the proposed project into a stream flow 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 5 OF 12 modeling project. The results of the modeling will produce a definitive answer as to whether the project will result in adverse on and off-site impacts. See Staff recommendation. The water flow capacity of the drainageway is not decreased; See response above. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening; The applicant does not propose to remove vegetation in order to place the stream barbs, however, invasive vegetation will be removed and replaced with native plantings as part of the associated riparian area enhancement. Erosion control measures will be installed during the project and exposed soils will be seeded. Therefore, this criterion is met. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan. The applicant proposes to stabilize an existing drainageway. Therefore, this criterion does not apply. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. See response to this standard under Floodplain Approval Standards. 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 within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. See response to this standard under Floodplain Approval Standards. Wetlands Approval Standards: 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 wetland designated as significant on the Tigard Wetlands and Riparian Corridors Map and is, therefore, regulated by Chapter 18.85 - Water Resources Overlay District, the City's acknowledged Goal 5 program. Significant wetlands are not regulated under the Sensitive Lands chapter and, therefore, no further criteria under this section apply. Water Resources Overlay: Section 18.85.080 requires the following Development Standards to be addressed for proposed uses within the Water Resource Overlay District: 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 6 OF 12 A. Alternatives Considered. Except for stream corridor enhancement, most Type II and Ill uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and Ill development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. This criterion specifically exempts stream corridor enhancement from the requirement to examine upland alternatives for proposed uses; therefore, this standard does not apply. B. Minimize Siting Impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. For Type II and Ill uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consistent with best management practices. For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. The applicant does not propose excavation activities and proposes an extensive program to plant native vegetation and enhance the riparian area. The project in intended specifically to reduce erosion of the stream meander and the enhancement aspect of the project will also serve as an erosion control measure for the upper stream banks. The applicant's engineer has prepared an erosion control plan that describes planned erosion control techniques to be installed during site work activities. C. 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 install the stream barbs from the adjacent stream bank, thus avoiding in-stream work. Installation of silt fences along the stream bank in accordance with an approved erosion control plan will address water quality during the work period. The applicant must also 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. Compliance with all applicable agency permits is recommended as a condition of approval. D. Minimize Flood Damage. Above-ground residential structures shall not be permitted within the W-R Overlay District, where such land is also within the 100-year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain shall be designed consistent with Chapter 18.84, Sensitive Lands. No residential, commercial or industrial structures are proposed as part of this project. The hydrology report submitted by the applicant to address flood storage and base flood elevations was not accepted by the Engineering Division. Staff is, therefore, unable to make a finding that this standard is satisfied. The applicant is preparing additional hydrological evidence which may provide the necessary basis for a finding of compliance. See Staffs recommendation. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 7 OF 12 • E. Avoid Steep Slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25 percent or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. The purpose of the project is to ensure stream bank stability and enhance the riparian area. Vegetation removal will take place within 50 feet of Fanno Creek and may involve steep sections of the bank. Due to the nature and intent of the project, it is Staffs opinion that these activities are necessary to ensure slope stability in as much as it is desirable to enhance the riparian area by replacing invasive species with native trees and shrubs and planting of native species will ensure slope stability. Staff finds that this standard is satisfied and recommends that an approval be conditioned on work commencing only in accordance with an approved erosion control plan. F. Minimize Impacts on Existing Vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. The applicant has stated that existing vegetation is predominantly non-native Himalayan blackberry and that no trees are located in the project area. Existing vegetation will not be preserved, but will be replaced with native species. Therefore, this standard does not apply. G. Vegetation Mitigation Plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.85.100, a mitigation plan shall be prepared and implemented. The proposed streambank stabilization project is a Type II use and the applicant has proposed a comprehensive riparian area enhancement plan involving removal of the predominant Himalayan blackberry and replacement with native riparian species. 1. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis. The applicant proposes to seed the stream bank and plant native trees and shrubs according to the planting schedule (p.11 of application narrative) and the proposed planting plan (Figure 4). 2. Where approval is granted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non-native vegetation within the remaining, protected riparian setback area on a 1.5:1 basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re-planted with native plant species. No reduction of the riparian setback area is proposed as part of this project; therefore, this standard does not apply. 3. The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. A recommended Condition of Approval is included in this report to ensure compliance with this replanting and maintenance standard. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 8 OF 12 H. Water and Sewer Infiltration and Discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. No water and sanitary sewer facilities are proposed as part of this project; therefore this standard does not apply. I. On-Site Systems. On-site septic systems and private wells shall be prohibited within the W-R Overlay District. No on-site septic systems and private wells are proposed as part of this project; therefore, this standard does not apply. J. Erosion Control Plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the W-R Overlay District: 1. Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion. 2. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only. 3. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction. 4. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded. 5. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff. 6. A stabilized pad of gravel shall be constructed at all entrances and exits to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site. 7. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation. 8. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 9 OF 12 9. Any other relevant provision of the Erosion Prevention and Sediment Control Plans Technical Guidance Handbook (City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. The proposed streambank stabilization project is a Type II use and the applicant has submitted a proposed erosion control plan within the application narrative. The applicant's materials, and specifically the erosion control plan, meet the above standards and satisfy this criterion. Staff recommends a condition of approval requiring continued compliance with these specific erosion control standards throughout the life of the project including strict adherence to the construction seasons provided by the applicable agency permits. K. Plan Implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control or Re-vegetation Plan shall be implemented and maintained as follows: 1. Erosion control measures shall be installed prior to any stripping or excavation work. 2. The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly. 3. Eroded sediment shall be removed immediately from pavement surfaces, off-site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts. 4. Water containing sediment shall not be flushed into the surface water management system, wetlands or streams without first passing through an approved sediment filtering facility or device. 5. In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. The applicant has stated (p. 12 of the application narrative ) that the project will comply with the above plan implementation standards. To ensure compliance Staff is recommending a condition of approval to ensure continued compliance. L. Type III Conditional Uses. The proposed use is a Type II permitted use; therefore, this standard does not apply. COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: Citizen Involvement: Policy 2.1.1 provides that the City will assure citizens are provided an opportunity to participate in all phases of the planning and development review process. Notice of the applicant's proposal and the public hearing has been mailed to property owners within 250 feet of the site, posted on the site and published in a newspaper of general circulation in accordance with TMC 18.32.130. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 10 OF 12 Physical Limitations and Natural Hazards and Wetlands: Policy 3.1.1 provides that the City shall not allow development in areas meeting the definition of wetlands under chapter 18.26 or areas having slopes in excess of 25% except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development. (Note: This policy does not apply to lands designated as significant wetlands on the floodplain and wetlands map.) Floodplains: Policy 3.2.1 provides that the City will prohibit any development within the 100-year floodplain that would result in any rise elevation of the 100-year floodplain. Floodplains: Policy 3.2.2 provides that the City shall prohibit development in the floodway, except if the alteration preserves or enhances the function and maintenance of the zero-foot rise floodway. Floodplains: Policy 3.2.3 provides the zero-rise floodway be maintained, that there be no detrimental upstream or downstream effects, and dedication of open land area for greenway including portions for a pedestrian pathway. Policies 3.1.1, 3.2.1, 3.2.2, and 3.2.3 are implemented directly through the approval standards of the Sensitive Lands chapter of the Community Development Code. Compliance with each of these approval standards is addressed earlier in this report. Floodplains: Policy 3.2.4 provides that the City prohibit development within areas designated as significant wetlands on the floodplain and wetlands map. The applicant proposes to stabilize the bank of Fanno Creek and restore native vegetation within the riparian area. This type of restoration does not meet the City's definition of development (18.26.030) and is specifically permitted in the Water Resources Overlay District which applies to Fanno Creek. Staff has addressed the specific Development Standards of the W-R Overlay District in the preceding sections of this report. SECTION V. OTHER STAFF COMMENTS The Engineering Division has reviewed this proposal and offered the following comments: 1. The applicant proposes to stabilize an eroding stream bank by the placement of five stream barbs that extend into the floodway. A hydrology report was submitted that was intended to show compliance with the CDC at 18.84.040 A (1) and (3). The hydrology report is not sufficient to show compliance with the approval standards. 2. The applicant proposes to compensate for the flow restriction caused by the barbs by providing a smoother creek channel, measured by the value of "n", that will convey the 100-year flood without increasing its surface elevation. The applicant first computes the value of "n" required for the channel to convey the flood then notes that the "n" value of the boulders used for the barbs meets this requirement and concludes that this assures that there will be no increase in the surface elevation of the 100-year flood. There are several problems with this proposition. First, for the channel to have the required capacity, the entire channel must be improved, not just the portion with the barbs. Second, the "n" values assigned by the applicant for the boulders only apply if the flow of water is parallel to the surface of the rocks. Here, the boulders project into the flow so the assigned "n" values are not valid. Finally, there is no accounting for the swirling and resulting energy loss caused by the barbs. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 11 OF 12 3. There is no showing of preserving "the floodplain storage function" as required by the CDC at 18.84.040 A (1) and compliance with the balanced cut and fill standard for floodplains of Unified Sewerage Agency Resolution and Order 96-44 at 3.12. Recommendations: 1. That the submitted hydrology report not be accepted. 2. That compliance with Unified Sewerage Agency Resolution and Order 96-44 be shown. 3. The applicant should provide the City with the Bendway Weir Theory, Development and Design Fact Sheet that is referred to on Page 1 of the narrative. There is nothing in the applicant's materials that provide the design requirements or background information from the Corps material. 4. In accordance with 18.84.040(A)(1), the applicant's materials should be verified by a registered professional engineer. STAFF RESPONSE: As a result of the Engineering Divisions' comments, the applicant has contracted with an engineering firm to perform hydrological modeling of the project's impact on stream flow characteristics. The results of this modeling will not be available until just before the Public Hearing on this matter. Since the adequacy of the hydrological evidence is the only substantive shortfall of the application, and since the intent of the project is to improve hydrologic conditions, Staff is making a conditional recommendation to approve the project contingent on a positive result of the modeling. If the evidence provided does not satisfactorily address all the concerns of the Engineering Division, Staff will recommend the Hearings Officer deny the application. SECTION VI. AGENCY COMMENTS The United States Army Corps of Engineers reviewed this application and offered the following comment: The Corps of Engineers states that an application for a permit had not been submitted at the time comments were submitted. The applicant has had a pre-application meeting with the Corps and will be required to submit a pre-construction notification to determine for which type of permit the project may qualify. The City will need a copy of the Corps permit prior to commencement of work. The Oregon Division of State Lands reviewed this application and offered the following comment: The Oregon Division of State Lands has been at the site and discussed the proposal with the applicant. Currently waiting for pending application submitted to commence permit review. No other comments or objections have been received. CZC4 September 4, 1998 PREPARED BY: M. J. Roberts DATE Associate Planner \curpin\mjr'Ar98-10.rpt 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 12 OF 12 • :�•, n iY' O f' . J z t- ::.� ^r --4.s ■ F oate: t 'Sam. \: • . .... .... ......... ..; ` 1 Z iC N W 1 -•1 r O N v co ° v::'.S. ‘4- Q y y:r ig CL LLI CI N 3 A:: 1,1 .... ..�•.I# • ' , n:;;''. : ..: '::: I; Z ;:�.�.:.: y _ r Z F . CREEK _ /• ` , Q NJ \Ito. %, ....._( .....= ., "7..7.,_;;_r ---4, CL ‘04, "'\-.. gr.,,4k.44.,:;ii;,.// %--- 0 ' LL ♦, 0 1 U ' (map is not to scale) SITE PLAN 1" CASE FANNQ CREEK AT EXHIBIT MAP N SW 74th INDUSTRIAL PARK SLR 98-0010 4. i CITY of TIGARD • = GEOGRAPHIC INFORMATION SYSTEM i �' AW r,. �tc,� VICINITY MAP w 0 PARCEL Q SLR 98-0010 EE FANNO CREEK U L INDUSTRIAL AT SW P74th ARK w J w I ' <Ill 'N. I / ....\\ O of • <<! -- 14 0 100 200 300 Feet O 1" r^ =242 feet \l'iZt\14 Spix O�A ^`�'` City of Tigard 1 Information on tttis map is for general location ally and q/i should be verified with the Devdaprrert Services Division. •l O 13125 SW Hall Blvd Tigard OR 97223 (503)639-4171 10 http://wvnv.d.tigard.ar.us ' Community Development Plot date:Aug 24, 1998;C:\magic\MAGICO2.APR I4v�Ca CITY OF TIGARD Community(Deve&opment Shaping)4 Better Community PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, SEPTEMBER 14, 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(S): SENSITIVE LANDS REVIEW[SLR] 98-0010 FILE TITLE: FANNO CREEK AT SW 74TH AVENUE INDUSTRIAL PARK APPLICANT(S): Pacific Santa Fe Corporation OWNER(S): Same 17700 SW Upper Boones Ferry Road, Suite 100 Portland, OR 97224 REQUEST: ➢ The proposed project is a stream enhancement effort. The intent of the project is to provide streambank stabilization and riparian enhancement through a combination of in-stream structures and riparian plantings. The site has been previously disturbed, with a steep rip-rapped bank on the southern edge of Fanno Creek dominated by Himalayan blackberries. The proposed in-stream boulder structures for Fanno Creek are five (5) stream barbs (bendway weirs) to be installed within the channel of Fanno Creek to reduce bank erosion on the southeast (outside) bank of a meander in the stream. Portions of the bank of Fanno Creek have been eroded by past flood events. LOCATION: West side of SW 74th Avenue; WCTM 2S112DC, Tax Lot 01400. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.84 and 18.85. ZONE: Industrial Park District; I-P. 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 SLR 98-0010 FANNO CREEK AT SW 74th INDUSTRIAL PARK NOTICE OF PUBLIC HEARINC HEARINGS OFFICER MAY CONTIN'' THE PUBLIC HEARING TO ANOTHr MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUL HEARING AND TAKE ACTION ON Th. .I'PLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER AUGUST 25, 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 (25 ) 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 (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER M.J. Roberts, Associate Planner AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. M CITY of TIGARD liiffi I ' f NI L • �4� VICINITY MAP w Q SUBJECT 0 PARCEL d SLR 98-0010 III 1- FANNO CREEK NI u AT SW 74th w INDUSTRIAL PARK I.:„. 41 i ...... tol \ z i_ r. .z. i 0 / N 1.49 IIII I .. 0 • o 1 4/ N a o m o KO Fog I O - riaafr S ,uAlk City of Tigard Io10bwK,a alit0..�'+'Sry O.m lib uia sww Tool CO w2Z m 'lmwi 1 ■ � _Cl I nen...ahaka,. SLR 98-0010 FANNO CREEK AT SW 74th INDUSTRIAL PARK NOTICE OF PUBLIC HEARING 503 670 9400 09/09/98 WED 08:32 FAX 503 ''-"t 9400 PAC SANTA Fr' ':or 135/09/98 001 9i05i98 013:20 PAC HABITAT SER -i 503 670 9400 NO.463 003 0 CITY/COUNTY PLANNING DEPARTMENT AFFIDAVIT (TO BE CGMPLETED eY LOCAL PLANNING OFFICIAL) O This project is not regulated by the local comprehensive plan and zoning ordinance. his project has been reviewed and is consistent with the local comprehensive plan and zoning ordinance. O This project has been reviewed and is not consistent with the local comprehensive plan and zoning ordinance. O Consistency of this project with the local planning ordinance cannot be determined until the following local approval(s) are obtained: O Conditional Use Approval 0 Development Permit O Plan Amendment 0 Zone Change O Other lication 0 has has not been made Ivor local approvals checked above. Gk- c -ticeteD ci(i5(16 Signature(of local planning officio Title City/Courtty Cate COASTAL ZONE CERTIFICATION If the proposed activity described in your permit aliplicetion is within the Oregon coastal zone,the following certification is required before your application can 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(OLCD)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 bell at,the proposed activity described in this application complies with the approved Oregon Coastal Management Program and will Le completed in a manner consistent with the program. Print/Type Name Title Applicant Signature Date SIGNATURE FOR JOINT APPLICATION (REQUIRED) Application is hereby made for the activities described herein. I certify that I am familiar 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 including the necessary requisite property interest to undertake the proposed activities. I understand that the granting of otner permits by local,county,slate or federal agendes 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 fee does not guarantee permit issuance. Dan Maloney Project Manager- PrintiTy! erne (co-applicant) Title if . AinVAIPIO __ 7/ X/2 Applicant Signature (co-app 1 Date I certify that I may act as the duly authoriz-• age'tt of the applicant. John vas tav-ren _ Senior Scientist Prigt/T.pe Ne••- •r 4 Title 0 .1,411 I zt A • zed Agent Signature Date• KURAHASHI & ASSOCIATES, INC. Civil Enaineennu Water Resources, Landscape Architecture Planning Surveying September, 14, 1998 Mr. M. J. Roberts City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Dear Mr. Roberts: As you know, Dan Maloney of Pacific Realty Ventures is planning to implement a streambank stabilization and riparian enhancement project along Fanno Creek. The proposed project is located on SW 74TH Avenue in the City of Tigard, on the south side of Fanno Creek (Township 2 South, Range 1 West, Section 12) (Figure 1). The intent of the project is to provide streambank stabilization and riparian enhancement through a combination of in-stream structures and riparian plantings. Under the proposed project, five (5) stream barbs(bendway weirs)will be installed within the channel of Fanno Creek to reduce bank erosion on the southeast(outside) bank of a meander in the stream. Pacific Realty Ventures has hired Kurahashi & Associates, Inc. (KAI)to evaluate the potential effects of the proposed barbs installments on the stream's water surface elevations during various flood events up to the 100-year flood. KAI is currently under contract by USA to restudy the floodplains of Fanno Creek, Summer Creek and Ash Creek. The final restudy submittal to FEMA will reflect the actual conditions that exist in Fanno Creek after the proposed barbs have been put in place. However, before this can occur it was important that we simulate the potential effect of these placements. The existing HEC-2 hydraulic model for Fanno Creek does not have a cross section at the exact location of the proposed project. Therefore, KAI has surveyed a complete channel and floodplain section of Fanno Creek. The surveyed cross section has been incorporated in the existing hydraulic model previously developed for FEMA to create a New Base Model. Also,the proposed weir structure was included in the New Base Model at one location to analyze its effect on water surface elevations during 100-year flood event. • The proposed model reflects placement of one barb structure. The barbs will be installed at intervals along the east bank to direct channel flows away from the eroding bank and toward the center of the channel. These barbs will be angled upstream at about 45 degrees to the bank. Each barb will have a volume of about 7 to 12 cubic yards and will be approximately 5 to 8 feet wide(in the channel bed) and 6-7 feet high at the bank edge. 1260( S.W. 72nd Avenue. Suite 100 Tigard, Oregon 97223 503.968.1605 FAX 503.968.1105 M. J. Roberts, City of Tigard September 14, 1998 Page 2 For the purpose of this hydraulic analysis a barb structure was modeled as a blockage area, approximately 7 feet high at the edge of left bank, and approximately 8 feet wide in the bottom. The weir structures will slope linearly from edge of the left bank into about 1/3 of the channel bed width. A more detailed description of the proposed structures can be found in the Pacific Realty Ventures's Application for Sensitive Lands and Water Resources Permits to the City of Tigard. Figure 1 shows location of the proposed project site. The effect of installing the proposed weirs could actually reduce the Manning's n value which is referred to as the roughness coefficient. However, for the purpose of this analysis, roughness coefficients were kept same as the original FIS values. In an attempt to simulate the hydraulic behavior of the barbs(bendway weirs) placement, we made two model runs. Model 1 is simply the existing FIS model with KAI surveyed cross section included(New Base Model). Model 2 is the New Base model with the proposed barb included. The water surface elevations for the 10, 50, 100, and 500-year floods were simulated and differences between Model 1 and Model 2 were tabulated. The results are shown in the attached table. The results of hydraulic analysis show that the installment of the proposed barb will only increase water surface elevations of Fanno Creek by few hundredths of a foot during 100-year flood events. Therefore, it is my professional belief that the proposed streambank stabilization and riparian enhancement project, if constructed as proposed by Pacific Realty Ventures, will not have a significant effect on raising the water surface elevations along Fanno Creek during the occurrence of infrequent flood events. Sincerely, Roger C. 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"---------s- / \°) i A I- ( n RESULTS OF HEC-2 HYDRAULIC MODEL FOR FANNO CREEK- STREAMBANK STABILIZATION AND RIPARIAN ENHANCEMENT FOR FANNO CREEK AT SW 74TH INDUSTRIAL PARK,TIGARD, OREGON MODEL 1: NEWBASE MODEL; FIS MODEL+ KAI SURVEYED CROSS SECTION MODEL 2: PROPOSED MODEL; NEWBASE MODEL+ STREAMBANK STABLIZATION MODEL 1 MODEL 2 MODEL 2-MODEL 1 SECNO Q CWSEL CWSEL CUMULATIVE DISTANCE (CFS) (FT) (FT) (FT) (FT) 168 2945 115.54 115.54 0 0 168 3848 116.8 116.8 0 0 168 4238 117.32 117.32 0 0 168 5148 118.39 118.39 0 0 1244 2945 116.4 116.4 1076 0 1244 3848 117.58 117.58 1076 0 1244 4238 118.07 118.07 1076 0 1244 5148 119.08 119.08 1076 0 1884 2945 116.77 116.77 1716 0 1884 3848 117.9 117.9 1716 0 1884 4238 118.36 118.36 1716 0 1884 5148 119.35 119.35 1716 0 1970 2945 116.83 116.83 1802 0 1970 3848 117.95 117.95 1802 0 1970 4238 118.41 118.41 1802 0 1970 5148 119.39 119.39 1802 0 1979 2945 116.85 116.85 1811 0 1979 3848 117.96 117.96 1811 0 1979 4238 118.42 118.42 1811 0 1979 5148 119.4 119.4 1811 0 2011 2945 116.9 116.9 1843 0 2011 3848 118 118 1843 0 2011 4238 118.46 118.46 1843 0 2011 5148 119.43 119.43 1843 0 2952 2945 117.98 117.98 2784 0 2952 3848 118.88 118.88 2784 0 2952 4238 119.26 119.26 2784 0 2952 5148 120.12 120.12 2784 0 3828 2945 119.12 119.12 3660 0 3828 3848 119.88 119.88 3660 0 3828 4238 120.2 120.2 3660 0 3828 5148 120.93 120.93 3660 0 5392 2945 122.51 122.51 5224 0 5392 3848 123.01 123.01 5224 0 5392 4238 123.2 123.2 5224 0 5392 5148 123.64 123.64 5224 0 5970 2945 124.22 124.22 5802 0 5970 3848 124.94 124.94 5802 0 5970 4238 125.22 125.22 5802 0 5970 5148 125.79 125.79 5802 0 6106 2923 124.77 124.77 5938 0 6106 3809 125.61 125.61 5938 0 6106 4193 125.93 125.93 5938 0 6106 5093 126.63 126.63 5938 0 6123 2923 124.87 124.87 5955 0 6123 3809 125.73 125.73 5955 0 6123 4193 126.05 126.05 5955 0 6123 5093 126.77 126.77 5955 0 6206 2923 125.18 125.18 6038 0 6206 3809 126.12 126.12 6038 0 6206 4193 126.47 126.47 6038 0 6206 5093 127.26 127.26 6038 0 7028 2923 126.87 126.87 6860 0 7028 3809 127.91 127.91 6860 0 7028 4193 128.31 128.31 6860 0 7028 5093 129.16 129.16 6860 0 7761 2923 129.2 129.2 7593 0 7761 3809 130.27 130.27 7593 0 7761 4193 130.69 130.69 7593 0 7761 5093 131.57 131.57 7593 0 7884 2923 129.25 129.25 7624 0 7884 • 3809 130.3 130.3 7624 0 7884 4193 130.71 130.71 7624 0 7884 5093 131.57 131.57 7624 0 7938 2923 129.33 129.33 7678 0 7938 3809 130.41 130.41 7678 0 7938 4193 130.82 130.82 7678 0 7938 5093 131.7 131.7 7678 0 8077 2913 129.75 129.75 7817 0 8077 3792 130.92 130.92 7817 0 8077 4174 131.38 131.38 7817 0 8077 5069 132.35 132.35 7817 0 8440 2913 130.11 130.11 8180 0 8440 3792 131.32 131.32 8180 0 8440 4174 131.79 131.79 8180 0 8440 5069 132.8 132.8 8180 0 Proposed 9260 2913 130.62 130.63 8690 0.01 Project Site 9260 3792 131.83 131.85 8690 0.02 9260 4174 132.31 132.32 8690 0.01 9260 5069 133.33 133.34 8690 0.01 9570 2913 130.85 130.87 9310 0.02 9570 3792 132.06 132.07 9310 0.01 9570 4174 132.53 132.55 9310 0.02 9570 5069 133.55 133.57 9310 0.02 113 2913 131.26 131.27 9853 0.01 113 3792 132.45 132.46 9853 0.01 113 4174 132.92 132.93 9853 0.01 113 5069 133.94 133.95 9853 0.01 2160 2913 133.03 133.03 11900 0 2160 3792 134.03 134.03 11900 0 2160 4174 134.43 134.44 11900 0.01 2160 5069 135.34 135.35 11900 0.01 3054 2913 133.75 133.76 12794 0.01 3054 3792 134.69 134.69 12794 0 3054 4174 135.07 135.08 12794 0.01 3054 5069 135.93 135.93 12794 0 4516 2913 136.2 136.2 14256 0 4516 3792 137.27 137.27 14256 0 4516 4174 137.67 137.67 14256 0 4516 5069 138.53 138.53 14256 0 4614 2889 136.86 136.86 14354 0 4614 3749 138.13 138.13 14354 0 4614 4125 138.63 138.63 14354 0 4614 5009 139.64 139.64 14354 0 4674 2889 136.98 136.98 14414 0 4674 3749 138.13 138.13 14414 0 4674 4125 138.85 138.85 14414 0 4674 5009 139.69 139.69 14414 0 4799 2889 137.47 137.47 14539 0 4799 3749 138.68 138.68 14539 0 4799 4125 139.31 139.31 14539 0 4799 5009 140.11 140.11 14539 0 • I � US Army Corps Fact Sheet of Engineers Waterways Experiment Station Public Affairs Office • 3909 Halls Ferry Road •Vicksburg, MS 39180-6199 • (601) 634-2504 BEND WAY WEIR THEORY, DEVELOPMENT, AND DESIGN BENDWAY WEIRS FOR NAVIGABLE RIVERS INTRODUCTION: Responding to a number of bendway environmental and navigation problems (high maintenance dredging costs, need to protect least tern nesting areas, constricted navigation channel, high velocities, detrimental high-flow current patterns, and inadequate navigation channel widths in the crossing downstream of the bend) a physical movable-bed model study of a 20 mile section of the middle Mississippi River was built at WES and operated for the St. Louis District of the Corps of Engineers. Using this model, the Bendway Weir concept, developed in January 1988, was refined for Price's Landing and Brown's Bends. WHAT IS A BENDWAY WEIR?: In a navigable river a Bendway Weir is a rock sill (5,000 pound maximum weight stone) located in the navigation channel of a bend, usually angled 20 to 30 degrees upstream (into flow), spaced from 400 to 1,400 ft apart, varying in length from 400 to 1,600 ft, and level- crested at an elevation low enough to allow normal river traffic to pass over unimpeded. The weir should be long enough to intercept a large percentage of flow at the river cross-section where the weir is located. Weirs are typically built in sets (4 to 14 weirs per bend) and are designed to act as a system to control and redirect current directions and velocities through the bend and well into the downstream crossing. HOW DO WEIRS WORK?: Water flowing over the weir is redirected at an angle perpendicular to the weir. When the weirs are angled upstream water is directed away from the outer bank and toward the inner part of the bend. The river's strong secondary currents in the bend are broken up. Prototype and model results indicate that construction of a series of Bendway Weirs in the navigation channel of a bend results in the following improvements: the navigation channel through the bend and immediate downstream crossing is widened and better aligned, deposition occurs at the toe of the revetment on the outside of the bend (increasing bank stability), surface water velocities are more uniform across any cross-section, flow patterns in the bends are generally parallel with the banks (not concentrated on the outer bank of the bend), and the thalweg of the channel is moved from the toe of the outer bank revetment to the stream ends of the weirs. MODELING AND PROTOTYPE EXPERIENCE AND ENVIRONMENTAL BENEFITS: Bendway Weirs have been tested in 11 models at WES. Weirs have been used to improve both deep and shallow-draft navigation, align currents through highway bridges, divert sediment, and protect docking facilities. Since 1989 over 140 weirs have been built in 16 bends of the Mississippi River. Prototype results have been outstanding. Andy Cannava of American Commercial Barge Line said "This is the best thing to happen on the river in a hundred years". Analysis of the 5 oldest weir installations show that from 1990-95 dredging was reduced by 80%, saving $3,000,000. In addition, towboat accidents were reduced, tow delay times at bends were reduced, sediment and ice management was improved, least tern nesting areas were undisturbed, aquatic habitat area was increased, and fish size and density in the weir fields increased (fivefold in some areas). HYDRAULICS G£OTECHNtCAL STRUCTURES ENVIRONMENTAL COASTAL ENGINEERING INFORMATION LABORATORY LABORATORY LABORATORY LABORATORY RESEARCH CENTER TECHNOLOGY LABORATORY BENDWAY WEIRS FOR STREAMS AND SMALLER RIVERS INTRODUCTION: The successful Mississippi River weir installations resulted in the Corps of Engineers Vicksburg District requesting WES engineers to design a comprehensive bank stabilization/aquatic habitat ►' improvement project for an 11,700 ft reach of Harland Creek near Tchula, MS. In 1993 fifty-four Bendway Weirs were built in 9 eroding bends. After three years most of the project was stable and rapidly maturing. UNREVETTED BEND BENDWAY WEIRS: In a stream or river with unrevetted banks a Bendway Weir is a low-level, upstream-angled stone sill, attached (and keyed into) the outer bank of a bend. The weirs are angled from 5 to 25 degrees upstream, built of a well graded stone with an upper weight limit of 650 or 1,000 pounds, spaced 50 to 100 ft apart, typically 2 ft high at the stream end rising to 4 ft at the bank end, with lengths varying from one quarter to one half the base flow width of the river or stream. HOW DO THEY WORK?: Weirs are usually emergent during low flows. Emergent weirs act as spur dikes. When overtopped, hydraulic benefits are similar to large river Bendway Weirs, with important attributes being reduction of erosion on the outer banks of the bends by reducing near bank velocities, reducing the concentration of currents on the outer bank of the bend, and redirecting currents to improve flow alignment through the bend and crossing. Weir angle is critical due to the tight radii and short crossing lengths found in streams and smaller rivers. Advantages of Bendway Weirs are: flow can be redirected and predicted (even downstream of the weir field), weirs work best under high-flow, high-energy conditions, costs are competitive or lower than traditional methods, and weirs blend well with other bank protection methods. Some design considerations are: project entrance conditions must be stable, flow direction entering the weir field must be known, some scalloping between weirs can be expected, excessive scour upstream and downstream of the downstream weir has occurred in some projects, and effects of the weirs downstream of the project (both beneficial and detrimental) must be considered. This methodology is new, weirs have only been built in 22 locations and all monitoring has been short term (1993 to 1996). MODELING EXPERIENCE AND PROTOTYPE EXAMPLES: Very little modeling has been performed with Bendway Weirs in an unrevetted bend. Prototype uses, in addition to the Harland Creek project, have included bank stabilization, redirection of flow for highway bridge abutment protection, pollution abatement, stream restoration, pipeline crossing protection, and environmental restoration. Weirs have also been added to two existing projects to enhance project effectiveness. Thirteen low-cost, innovative, landowner-financed, bank protection projects, using hand-placed and machine-built stone weirs, sand filled geobag and geotube Bendway Weirs, and weirs built from tree trunks, have been constructed to protect unimproved land (farmland). Each project was field-designed and constructed in one day using readily available equipment. In several cases project costs averaged between $5 and $15.00 per ft of protected bank. ENVIRONMENTAL BENEFITS: Stream corridoi habitat enhancement/restoration was a top priority of the Harland Creek project. The USDA-ARS National Sedimentation Laboratory sampled fish twice during the year after project completion. Habitat diversity was greatly improved and the reaches with Bendway Weirs yielded over twice as many fish as reaches using other types of bank protection. DESIGN CAUTION: A set of Bendway Weirs that can change the direction of the Mississippi River is a powerful tool. A successful weir installation requires a thorough understanding of Bendway Weir theory and practice, and extensive knowledge of the stream or river in which the structures will be placed. If a Bendway Weir installation is planned, please contact WES personnel for a quick review and/or design help. POINTS OF CONTACT: U. S. Army Corps Of Engineers Waterways Experiment Station, 3909 Halls Ferry Road, Vicksburg, MS. 39180-6199, Attn: David Derrick, CEWES-CE-R, (601-634-2651), e-mail address: derricd@mail.wes.army.mil; or Tom Pokrefke, CEWES-CE (601-634-2650). FROM malls KURAHASHI FAX TRANSMITTAL & ASSOCIATES. INC. ci.a1 Engineering TO: Mr. M.J. Roberts Water Resources LwruJscape Ard,itec.-tute PE COMPANY: City of Tigard 12100 S.W.72nd Avenue.Suite 100 "Iluurd,Or.g.,n 97223 503.968.1605 FAX #: (503) 684-7297 VAX 503.968.11 as DATE: September, 14, 1998 SUBJECT: No-Rise Analysis of Fanno Creek NO. OF PAGES INCLUDING THIS PAGE: ' Dear Mr. Roberts: The attached is the result of our hydraulic analysis for the proposed streambank stabilization project along Fanno Creek at SW 74TH Avenue. eFq. (104JC-Ak- 6111/4A 115 Sincerely A s — . A Farid Safdari From: Far.id Safdari, PE CC: Greg Berry LO/TErd 6S:ST 866T-VT-d3S rislb2 KURAHASHI F3 ASSOCT.ATES,TNC_ Civil F.ngine e'ring I.Vrtmr Rcscnjrcc 1-undscapr.Arch itcc tur PLtzn iii Surveying September, 14, 1998 Mr. M. J. Roberts City of Tigard 13125 SW I-Iall Blvd. Tigard, Oregon 97223 Dear Mr. Roberts: As you know, Dan Maloney of Pacific Realty Ventures is planning to implement a streambank stabilization and riparian enhancement project along Fanno Creek. The proposed project is located on SW 74T"Avenue in the City of Tigard, on the south side of Fanno Creek(Township 2 South,Range 1 West, Section 12) (Figure 1). The intent of the project is to provide streambank stabilization and riparian enhancement through a combination of in-stream structures and riparian plantings. Under the proposed project, five(5) stream barbs (bendway weirs) will be installed within the channel of Fanno Creek to reduce bank erosion on the southeast(outside) bank of a meander in the stream. Pacific Realty Ventures has hired Kurahashi & Associates,Inc.(KA1)to evaluate the potential effects of the proposed barbs installments on the stream's water surface elevations during various flood events up to the 100-year flood. KAI is currently under contract by USA to restudy the floodplains of Fanno Creek, Summer Creek and Ash Creek. The final restudy submittal to FEMA will reflect the actual conditions that exist in Fanno Creek after the proposed barbs have been put in place. However,before this can occur it was important that we simulate the potential effect of these placements. The existing IIEC-2 hydraulic model for Fanno Creek does not have a cross section at the exact location of the proposed project. Therefore, KAI has surveyed a complete channel and floodplain section of Fanno Creek. The surveyed cross section has been incorporated in the existing hydraulic model previously developed for FEMA to create a New Base Model. Also,the proposed weir structure was included in the New Base Model at one location to analyze its effect on water surface elevations during 100-year flood event. The proposed model reflects placement of one barb structure. The barbs will be installed at intervals along the east bank to direct channel flows away from the eroding bank and toward the center of the channel. These barbs will be angled upstream at about 45 degrees to the bank. Each barb will have a volume of about 7 to 12 cubic yards and will be approximately 5 to 8 feet wide(in the channel bed)and 6-7 feet high at the hank edge. 126(X) S.W. 72nd Av�.nu�, Suite 100 Tigard. Oregon 9)7223 503.96M.160.5 L0iZ8'd 61:11 8661-171-d3S M. J. Roberts, City of Tigard September 14, 1998 Page 2 For the purpose of this hydraulic analysis a barb structure was modeled as a blockage area, approximately 7 feet high at the edge of left bank,and approximately 8 feet wide in the bottom. The weir structures will slope linearly from edge of the leis bank into about 1/3 of the channel bed width. A more detailed description of the proposed structures can be found in the Pacific Realty Ventures's Application for Sensitive Lands and Water Resources Permits to the City of Tigard. Figure 1 shows location of the proposed project site. The effect of installing the proposed weirs could actually reduce the Manning's n value which is referred to as the roughness coefficient. However,for the purpose of this analysis, roughness coefficients were kept same as the original FIS values. In an attempt to simulate the hydraulic behavior of the barbs(bendway weirs)placement, we made two model runs. Model 1 is simply the existing FIS model with KAI surveyed cross section included(New Base Model). Modell is the New Base model with the proposed barb included. The water surface elevations for the 10, 50, 100, and 500-year floods were simulated and differences between Model 1 and Model 2 were tabulated. The results are shown in the attached table. The results of hydraulic analysis show that the installment of the proposed barb will only increase water surface elevations of Fanno Creek by few hundredths of a foot during 100-year flood events. Therefore, it is my professional belief that the proposed streambank stabilization and riparian enhancement project, if constructed as proposed by Pacific Realty Ventures, will not have a significant effect on raising the water surface elevations along Fanno Creek during the occurrence of infrequent flood events. Sincerely, Roger C. Sutherland,PE Director of Water Resources RCS/ms Cc: Greg Berry 20i20'd 00:9T 866T-VT-d3S • ___, -..m.... • •,,,..... .Z: •"....-, .. ...';3 2:'.=7..i ',. it3 t .1., : X 7 Oa . .. ........•74 -,— ifS7 • Or."-± _• _.r.t.„1„- ..--...,‘„,:-.4:44_--........--, .-4......- _,-.. 4.-:,.agi,,. „ ,-. .- -" lc i "..f 't k ) - ‘ I / Jr ..°'-'7"--...—,—...." --..""'41''''''''':.7.■■=="... .7-,. ...1.. .73:: .' r \ - I fill il" . \ 1 1 IiiiIii -,r• -,;,-,--7-....-A7-7------•••••••-_-,---7.--,•:_ii.--,,,-.;.„,..---...:-. 7, ,b..' ' • ' I i L■ 1 '- Ns. Un'--- "=r''=a"'''''2-1- Z:171."7.^Y..4.4. A:r.÷1.5:7:24/. ,:/0. E.- 1 ' \ ,Ni.....t. .4. 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' ...,7. ,:e•ti4.11;1.41iFita _ - - •-*4••'-4.;:MY.',7•74 .111."-:'1-T:.4.-7::#1,..4 iil="J--•:','P' -":".-: o'rm/ \ 1 r, v. ,.. _,...,......,...._,.. ..,„....i....„,.........„..,......„,... ..„.„,.. .a „. -.\ i M a .i.* • Qv / ,ef il ) - , -;..1,.: -;:.-.'4::. .---Ax2,W1:-';';'--- ... .5.:'''.=•''"" ''''.r , _ 1 LO/VO'd 00:91 8661-VT-d3S • RESULTS OF HEC-2 HYDRAULIC MODEL FOR FANNO CREEK- STREAMBANK STABILIZATION AND RIPARIAN ENHANCEMENT FOR FANNO CREEK AT SW 74TH INDUSTRIAL PARK,TIGARD, OREGON MODEL 1: NEWBASE MODEL: FIS MODEL+ KAI SURVEYED CROSS SECTION MODEL 2: PROPOSED MODEL; NEWBASE MODEL+STREAMBANK STABLIZATION MODEL 1 MODEL 2 MODEL 2 -MODEL 1 SECNO 0 CWSEL CWSEL CUMULATIVE DISTANCE (CFS) (FT) (FT) (FT) (FT) 168 2945 115.54 115.54 0 0 168 3848 116.8 116.8 0 0 168 4238 117.32 117.32 0 0 168 5148 118.39 118.39 0 0 1244 2945 116.4 116.4 1076 0 1244 3848 117.58 117,58 1076 0 1244 4238 118.07 118,07 1076 0 1244 5148 119.08 119.08 1076 0 1884 2945 116.77 116.77 1716 0 1884 3848 117.9 117.9 1716 0 1884 4238 118.36 118.36 1716 0 1884 5148 119,35 119.35 1716 0 1970 2945 116.83 116,83 1802 0 1970 3848 117.95 117.95 1802 0 1970 4238 118.41 118.41 1802 0 1970 5148 119.39 119.39 1802 0 1979 2945 116.85 116.85 1811 0 1979 3848 117.96 117.96 1811 0 1979 4238 118.42 118.42 1811 0 1979 5148 119.4 119.4 1811 0 2011 2945 116,9 116.9 1843 0 2011 3848 118 118 1843 0 2011 4238 118.46 118.46 1843 0 2011 5148 119.43 119.43 1843 0 2952 2945 117.98 117.98 2784 0 2952 3848 118.88 118.88 2784 0 2952 4238 119.28 119.26 2784 0 2952 5148 120.12 120.12 2784 0 3828 2945 119.12 119.12 3660 0 3828 3848 119.88 119.88 3660 0 3828 4238 120.2 120.2 3660 0 3828 5148 120.93 120.93 3660 0 5392 2945 122.51 122.51 5224 0 5392 3848 123.01 123.01 5224 0 5392 4238 123.2 123.2 5224 0 5392 5148 123.64 123,64 5224 0 5970 2945 124.22 124.22 5802 0 L0/S0'd Z0:9T 866T-VT-d3S 5970 3848 124.94 124,94 5802 0 5970 4238 125.22 125.22 5802 0 5970 5148 125.79 125.79 5802 0 6106 2923 124.77 124.77 5938 0 6106 3809 125.61 125.61 5938 0 6106 4193 125.93 125.93 5938 0 6106 5093 126.63 126,63 5938 0 6123 2923 124.87 124.87 5955 0 6123 3809 125.73 125.73 5955 0 6123 4193 126.05 126.05 5955 0 6123 5093 128.77 126.77 5955 0 6206 2923 125.18 125,18 6038 0 6206 3809 126.12 126.12 6038 0 6206 4193 126.47 126.47 6038 0 6206 5093 127.26 127.26 6038 0 7028 2923 126,87 126.87 6860 0 7028 3809 127.91 127.91 6860 0 7028 4193 128.31 128.31 6860 0 7028 5093 129.16 129.16 6860 0 7761 2923 129.2 129.2 7593 0 7761 3809 130.27 130.27 7593 0 7761 4193 130.69 130.69 7593 0 7761 5093 131.57 131.57 7593 0 7884 2923 129.25 129.25 7624 0 7884 3809 130.3 130.3 7624 0 7884 4193 130.71 130.71 7624 0 7884 5093 131.57 131.57 7624 0 7938 2923 129,33 129.33 7678 0 7938 3809 130.41 130.41 7678 0 7938 4193 130.82 130.82 7678 0 7938 5093 131.7 131.7 7678 0 8077 2913 129,75 129.75 7817 0 8077 3792 130,92 130.92 7817 0 8077 4174 131.38 131.38 7817 0 8077 5069 132.35 132.35 7817 0 8440 2913 130,11 130.11 8180 0 8440 3792 131.32 131.32 8180 0 8440 4174 131.79 131,79 8180 0 8440 5069 132.8 132.8 8180 0 Proposed 9260 2913 130.62 130.63 8690 0.01 Project Site 9260 3792 131.83 131,85 8890 0.02 9260 4174 132.31 132,32 8690 0.01 9260 5069 133.33 133.34 8690 0.01 9570 2913 130.85 130.87 9310 0.02 9570 3792 132.06 132.07 9310 0.01 9570 4174 132.53 132.55 9310 0.02 22i90'd CO:9T 866T-VI-d3S 2.0"d 1ti101 9570 5069 133.55 133.57 9310 0.02 113 2913 131.26 131.27 9853 0.01 113 3792 132.45 132.46 9853 0.01 113 4174 132.92 132.93 9853 0.01 113 5069 133.94 133.95 9853 0.01 2160 2913 133.03 133.03 11900 0 2160 3792 134.03 134.03 11900 0 2160 4174 134.43 134.44 11900 0.01 2160 5069 135.34 135.35 11900 0.01 3054 2913 133.75 133.76 12794 0.01 3054 3792 134.69 134,69 12794 0 3054 4174 135.07 135.08 12794 0.01 3054 5069 135.93 135.93 12794 0 4516 2913 136.2 136.2 14256 0 4516 3792 137.27 137.27 14256 0 4516 4174 137.67 137.67 14256 0 4516 5069 138.53 138.53 14256 0 4614 2889 136.86 136.86 14354 0 4614 3749 138.13 138.13 14354 0 4614 4125 138,63 138.63 14354 0 4614 5009 139.64 139.64 14354 0 4674 2889 136.98 136.98 14414 0 4674 3749 138.13 138,13 14414 0 4674 4125 138.85 138.85 14414 0 4674 5009 139.69 139.69 14414 0 4799 2889 137.47 137.47 14539 0 4799 3749 138.68 138.68 14539 0 4799 4125 139.31 139.31 14539 0 4799 5009 140.11 140.11 14539 0 2,0i1,0'd Z0:9T 866T-17T-d3S REQUEST FOR COMMENTS MEMORANDUM CITY OF TIGARD, OREGON DATE: August 28, 1998 TO: MJ Roberts,Associate Planner FROM: Brian Rager,Development Review Engineer RE: SLR 98-0010, Fanno Creek at 74th Industrial Park Greg Berry and I have reviewed the application and have some concerns. Greg's Comments: Description: The applicant proposes to stabilize an eroding stream bank by the placement of five stream barbs that extend into the floodway. A hydrology report was submitted that was intended to show compliance with the CDC at 18.84.040 A (1) and(3). Findings: The hydrology report is not sufficient to show compliance with the approval standards. The applicant proposes to compensate for the flow restriction caused by the barbs by providing a smoother creek channel, measured by the value of"n", that will convey the 100-year flood without increasing its surface elevation. The applicant first computes the value of"n"required for the channel to convey the flood then notes that the "n" value of the boulders used for the barbs meets this requirement and concludes that this assures that there will be no increase in the surface elevation of the 100-year flood. There are several problems with this proposition. First, for the channel to have the required capacity,the entire channel must be improved, not just the portion with the barbs. Second, the "n" values assigned by the applicant for the boulders only apply if the flow of water is parallel to the surface of the rocks. Here, the boulders project into the flow so the assigned "n"values are not valid. Finally, there is no accounting for the swirling and resulting energy loss caused by the barbs. In addition, there is no showing of preserving "the floodplain storage function" as required by the CDC at 18.84.040 A (1) and compliance with the balanced cut and fill standard for floodplains of Unified Sewerage Agency Resolution and Order 96-44 at 3.12. PAGE 1 - r • Recommendations: 1. That the submitted hydrology report not be accepted. 2. That compliance with Unified Sewerage Agency Resolution and Order 96-44 be shown. My Comments: I concur with Greg's comments and would add the following: 1. The applicant should provide the City with the Bendway Weir Theory, Development and Design Fact Sheet,that is referred to on Page 1 of the narrative. There is nothing in the applicant's materials that provide the design requirements or background information from the Corps material. 2. In accordance with 18.84.040(A)(1), the applicant's materials should be verified by a registered professional engineer. i:\eng\brianr\comments\sIr98-10.bdr • PAGE 2 REQUEST FOR COMMENTS CITY IGARD Community LDeveCopment Shaping Better Community DATE: August 24,1998 TO: David Scott,Building Official FROM: City of Tigard Planning Division STAFF CONTACT: MJ.Roberts,Associate Planner Phone: 15031639-4171/Fax: (503)684-7297 SENSITIVE LANDS REVIEW(SLR)98-0010 FANNO CREEK AT 74tH INDUSTRIAL PARK REQUEST: The proposed project is a stream enhancement effort. The intent of the project is to provide streambank stabilization and riparian enhancement through a combination of in-stream structures and riparian plantings. The site has been previously disturbed, with a steep rip-rapped bank on the southern edge of Fanno Creek dominated by Himalayan blackberries. The proposed in-stream boulder structures for Fanno Creek are five (5) stream barbs (bendway weirs) to be installed within the channel of Fanno Creek to reduce bank erosion on the southeast (outside) bank of a meander in the stream. Portions of the bank of Fanno Creek have been eroded by past flood events. LOCATION: West side of SW 74th Avenue; WCTM 2S112DC, Tax Lot 01400. ZONE: Industrial Park District; I-P. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.84 and 18.85. Attached is the Site Plan, Vicinity May and Applicants Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Wednesday,September 3,1998. You may use the space provided below or attach a separate letter to return your comments. Due to time constraints, please fax your comments to 684-7297, if possible. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: V �► (Please provi&the foffawing information)Name of Person(s)Commenting: I Phone Number(s): SLR 98-0010 FANNO CREEK AT SW 74th INDUSTRIAL PARK PROPOSAL/REQUEST FOR COMMENTS / u , / CITY of TIGARD I GEOGRAPHIC INFORMATION SYSTEM ''''''....?------'-' A� 1 ... VICINITY MAP I v� PARCEL Q SLR 9 8-0010 J, o - E FANNO CREEK _ f \ tU AT SW 74th w INDUSTRIAL PARK 11 W I- 1 • N- . \ I . LL O ' NN.'N'N‘NNNNN,,,____.:Ci:Q • 4( P. 14/^' 0 100 200 300 Feet YO T4 242 rest CO Cliz(‘• Q P u li s� e� City of Tigard ard 0 At/R hfarne ion on Ids row is for ge sral lOrgian orry and q ' should be verified with the Devefopnere Services Division l O 13125 SW He I Blvd Tilted OR 97223 (503)6394171 1 _n Frig://mwr.d.tigerdcr.us Community Development Plot•-e:Aug 24, 1998;C:\magic\MAGICO2.APR *pal 1•Nr,1111101011111' ..:-MMIIIIIIIININ••; ; \. - �: 'ANNO caEOC ` I \ I Z c o Ws 1 W 2 W ° ° WW n II•c> J n d O N - _ - co ` ,�o 5 0`g Li_ 0.. oG$: W N 1 Q - 1 N _ I1 A.. I II • ��` C0 nIII ---•' II Z z m i • Q FMI CREEK '� (�' --/-7:-. • 1 CL ' ` ` - Ce ICC LL 4/, O U (map is not to scale) SITE PLAN T CASE FANNO CREEK AT EXHIBIT MAP N SW 74th INDUSTRIAL PARK SLR 98-0010 REQUEST FOR COMMENTS CITY„:04.v O TIGARD Community Development ShapingA Better Community DATE: August 24,1998 RECEIVED PLANNING TO: US Army Corps of Engineers AUG 2 8 1998 FROM: City of Tigard Planning Division CITY OF TIGARD STAFF CONTACT: MJ.Roberts,Associate Planner Phone: [5031 639-4171/Fax: [5031684-1291 SENSITIVE LANDS REVIEW[SLR)98-0010 FANNO CREEK AT 74tH INDUSTRIAL PARK REQUEST: The proposed project is a stream enhancement effort. The intent of the project is to provide streambank stabilization and riparian enhancement through a combination of in-stream structures and riparian plantings. The site has been previously disturbed, with a steep rip-rapped bank on the southern edge of Fanno Creek dominated by Himalayan blackberries. The proposed in-stream boulder structures for Fanno Creek are five (5) stream barbs (bendway weirs) to be installed within the channel of Fanno Creek to reduce bank erosion on the southeast (outside) bank of a meander in the stream. Portions of the bank of Fanno Creek have been eroded by past flood events. LOCATION: West side of SW 74th Avenue; WCTM 2S112DC, Tax Lot 01400. ZONE: Industrial Park District; I-P. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.84 and 18.85. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Wednesday,September 3,1998. You may use the space provided below or attach a separate letter to return your comments. Due to time constraints, please fax your comments to 684-7297, if possible. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ h- Written comments provided below: c - I • /L! ✓L� / /PIA kW/ ' I At% 2 iy effI-&"/ (Please proviefe tie forkwing information)Name of Person(s)C I menting G'reoW Phone Number[sl: s 5 5y/ SLR 98-0010 FANNO CREEK AT SW 74th INDUSTRIAL PARK PROPOSAL/REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY TIIGARD Community(Development Shaping,4(Better Community DATE: August 24,1998 TO: Oregon Division of State Lands FROM: City of Tigard Planning Division STAFF CONTACT: MJ.Roberts,Associate Planner Phone: [503)639-4171/Fax: 15031684-1297 SENSITIVE LANDS REVIEW[SLID 98-0010 FANNO CREEK AT 14tH INDUSTRIAL PARK REQUEST: The proposed project is a stream enhancement effort. The intent of the project is to provide streambank stabilization and riparian enhancement through a combination of in-stream structures and riparian plantings. The site has been previously disturbed, with a steep rip-rapped bank on the southern edge of Fanno Creek dominated by Himalayan blackberries. The proposed in-stream boulder structures for Fanno Creek are five (5) stream barbs (bendway weirs) to be installed within the channel of Fanno Creek to reduce bank erosion on the southeast (outside) bank of a meander in the stream. Portions of the bank of Fanno Creek have been eroded by past flood events. LOCATION: West side of SW 74th Avenue; WCTM 2S112DC, Tax Lot 01400. ZONE: Industrial Park District; I-P. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.84 and 18.85. Attached is the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Wednesday,September 3,1998. You may use the space provided below or attach a separate letter to return your comments. Due to time constraints, please fax your comments to 684-7297, if possible. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. ° x Written comments provided below: ___452Ag,C6e--V2'z^e't* 04-7/1,L;---teC 1-.;?(;) _Q .. 77 ti b �. cn 44 ►► (Please provide the following information)Name of Person(s)Commenting: 11 lG,., it c_f I Phone Number[sl: SLR 98-0010 FANNO CREEK AT SW 74th INDUSTRIAL PARK PROPOSAL/REQUEST FOR COMMENTS • REQUEST FOR COMMENTS ciT'v�o AIIGARD Community Development Shaping Better Community DATE: August 24,1998 L TO: , Julia Huffman,Unified Sewerage Agency/ 411 U 2S FROM: City of Tigard Planning Division 1_3'y 6 2 51998 STAFF CONTACT: MJ.Roberts,Associate Planner Phone: (5031639-4171/Fax: (5031684-1297 ------",-� SENSITIVE LANDS REVIEW ISLRI 98-0010 FANNO CREEK AT 14tH INDUSTRIAL PARK REQUEST: The proposed project is a stream enhancement effort. The intent of the project is to provide streambank stabilization and riparian enhancement through a combination of in-stream structures and riparian plantings. The site has been previously disturbed, with a steep rip-rapped bank on the southern edge of Fanno Creek dominated by Himalayan blackberries. The proposed in-stream boulder structures for Fanno Creek are five (5) stream barbs (bendway weirs) to be installed within the channel of Fanno Creek to reduce bank erosion on the southeast (outside) bank of a meander in the stream. Portions of the bank of Fanno Creek have been eroded by past flood events. LOCATION: West side of SW 74th Avenue; WCTM 2S112DC, Tax Lot 01400. ZONE: Industrial Park District; I-P. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.84 and 18.85. Attached is the Site Plan, Vicinity Map and Applicants Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Wednesday,September 3,1998. You may use the space provided below or attach a separate letter to return your comments. Due to time constraints, please fax your comments to 684-7297, if possible. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: X We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: 1- L ey fio c )0 - 2 el , f F *) (Tease provide the fodowing information)Name of Persontsl Commenting: \ V�__ c. la. I,;, ,I Phone Numbertsl: , r —z 1 1 I SLR 98-0010 FANNO CREEK AT SW 74th INDUSTRIAL PARK PROPOSAL/REQUEST FOR COMMENTS I CITY of TIGARD OEOORAPMIC INFORMATION SYSTEM . f CO ( 1 �� VICINITY MAP .-- SUBJECT SUBJECT � SLR 9&0010 PARCEL 0 _ r FANNO CREEK U AT SW 74th INDUSTRIAL PARK w co - \ \ oz / ....\,. 0 • .1 �O ry • / 4/ o too 2ao 300 Feet O t"=242 feet . A s� ���` �i(� City of Tigard■l�illiti°4/ -!" fr foiT tim m th s m ,is far gerera bcation c iy and � should be verified with the Development Serves Division. 13125 SW Hall Blvd O Tigard OR 97713 (503)6394171 heplAvww.d.tterd a.us roty r- e oprnerrt 8n •\�` - .. ����1�, r• 1 :4 �- -.=~-` : � �, --\-ss �-G :':FANNOi.::r:iir:'..p:'r.. :' «°aaa'Ltt►,. . < • ■ I Z \ W n W U O �• o �qWWr) :�::: • I oct �/ p .a N :�' • iii m 0. ; :::: :: n.'" Jac,, IFAN • CREEK .. '� c�' ..�? Q J Notat.. ...-y.: .24.?";--.0,7---,- ..... : 0. '- - . " . "y-F.,,_:.,,../, --.0 •", `�- S. 0 LL V (map is not to scale) SITE PLAN T CASE FANNO CREEK AT EXHIBIT MAP N SW 74th INDUSTRIAL PARK SLR 98-0010 • . i yJf4P UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY RECEIVED PLANNING MEMORANDUM SEP 1 0 1998 CITY OF TIGARD DATE: September 4, 1998 TO: M. J. Roberts, City of Tigard FROM: Julia Huffman, USA . ,.."\--. SUBJECT: Fanno Creek at 74th Industrial Park, SLR 98-0010 FLOOD PLAIN Site contains flood plain/flood way designations. Grading within the flood plain/flood way shall be done in 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. DIVISION OF STATE LANDS/CORPS OF ENGINEERS A DSL/Corps of Engineers permit will be required for work in the creek. 155 North First Avenue,Suite 270, MS 10 Phone: 503/648-8621 Hillsboro, Oregon 97124-3072 FAX:503/640-3525 MAILING RECORDS CITY OF TIGARD `-`Gamma=i* t. 13125 S.W. Hall Blvd. suf8'98 0 .7 8 Tigard, Oregon 97223 _!...-1.1.,` .� ~ �� P•METER .l.S.POSTACF�# FFICIP4 '.w.rf:1:11t— \ EIE°P !D 0\ 1 ,gN"1NG 04 1' 0 S 998 b\t, �'e o yF prD ,'6d4)okA . 31 t t , , John Van Staveren 9450 SW Commerce Circle e Wilsonville, OR 97070 et/41 1 AFFIDAVIT OF MAILING `'it CITY OF TIGARD Community(Devefopment ShapingA Better Community ST/TA OE OREGON- ) County of Washington )ss. City of'Tigard ) I, Vivian L. Nimmo, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist I for the City of'Tigard, Washington County, Oregon and that I served the following: (Check Appmpnee Box(s)Below) NOTICE OF DECISION FOR: ❑ AMENDED NOTICE: (File No/Name Reference) City of Tigard Planning Director X NOTICE OF PUBLIC HEARING FOR: , ` SLR 98-0010/Fanno Creek at 74"Ave.Industrial Park I September 14,1998 ❑ AMENDED NOTICE (File No/Name Reference) (Date of Public Heanngi ❑ City of Tigard Planning Director © Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council NOTICE OF FINAL ORDER FOR: d I ❑ AMENDED NOTICE (File No./Name Reference) (Date of Public Heanng) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council NOTICE OF: FOR: C I (Type/Kind of Notice) File No./Name Reference) (Date of Public Hearing.if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEISI of which is attached, marked Exhibit"A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", on the 25 day of August ,1998, and deposited in the United States Mail on the 25 day of August , 1998, postage prepaid. \---1-4,-,c__/. '( ''''.,1 .11C-7/.. (Person that Prepared Notice) • / . ,r Subscribed and sworn/affirmed before me on the - ' day of , i4:--1 , 1927 , � OFFICIAL SEAL / C/� 4"/ �'` '`� DIANEMJELDERKS i.&Z� ��((( /�NOTARY PUBLIC OREGON RY PUBLIC OF OREGON-_� COMMISSION NO.046ta2 MY COMMISSION EXPIRES SEPTEMBER 07,i9'= MY Commission Expires: 67 7 " :fill EXHIBIT A CITY OF TIGARD Community(Development Shaping (Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, SEPTEMBER 14, 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(S): SENSITIVE LANDS REVIEW [SLR] 98-0010 FILE TITLE: FANNO CREEK AT SW 74TH AVENUE INDUSTRIAL PARK APPLICANT(S): Pacific Santa Fe Corporation OWNER(S): Same 17700 SW Upper Boones Ferry Road, Suite 100 Portland, OR 97224 REQUEST: ➢ The proposed project is a stream enhancement effort. The intent of the project is to provide streambank stabilization and riparian enhancement through a combination of in-stream structures and riparian plantings. The site has been previously disturbed, with a steep rip-rapped bank on the southern edge of Fanno Creek dominated by Himalayan blackberries. The proposed in-stream boulder structures for Fanno Creek are five (5) stream barbs (bendway weirs) to be installed within the channel of Fanno Creek to reduce bank erosion on the southeast (outside) bank of a meander in the stream. Portions of the bank of Fanno Creek have been eroded by past flood events. LOCATION: West side of SW 74th Avenue; WCTM 2S112DC, Tax Lot 01400. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.84 and 18.85. ZONE: Industrial Park District; I-P. 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 SLR 98-0010 FANNO CREEK AT SW 74th INDUSTRIAL PARK NOTICE OF PUBLIC HEARING HEARINGS OFFICER MAY CONTIr THE PUBLIC HEARING TO ANOTHr MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PU6_..: HEARING AND TAKE ACTION ON Tf .PPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER AUGUST 25, 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 (25G) 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 (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER M.J. Roberts. Associate Planner AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. p _.-- — o.oa..CI ofyT*IGARD CO I,. L L ( • VICINITY MAP U�44/ PARCEL Q SLR 98-0010 U _ i FANNO CREEK V L1.1 *7. CO I,. 1 Isle 74th PARK I a— `y I ��� N T �P /4/ o too am m red CO O� //,,..� Q ���`r� AID ��Y/ �.�� City of Tigard ��,(a- / ►arvrmr.ry.a�w+wr o,oni.•a GQ"w`l_ �a b..ra WI r.w..r,p.+s..d oa•o, ^O ,3125 9w rir ua /�+ 1254 OF WM / snimwin SLR 98-0010 FANNO CREEK AT SW 74th INDUSTRIAL PARK NOTICE OF PUBLIC HEARING •S.L f<- F- MO - i � /C J-yVA 14-im ii.uk Sf it '>'i 2S 112C D-00100 2S112CD-00400 DANCHOK JEFFERY CARTER KNAUSS HARVEY L 8475 SW ERNST RD 14383 SW MCFARLAND BLVD j PORTLAND,OR 97225 TIGARD,OR 97223 EXHII3 I 1 B 2S112CD-00700 2S112CD-00701 BOUMAN DONNA L BLACKWELL JAY M&TRACI N 15940 SW 76TH AVE 15950 SW 76TH TIGARD,OR 97224 TIGARD,OR 97224 2S 112CD-00800 2S112CD-00900 HAVERY JOHN W MADELON RIVAS ERNEST ROSE 15970 SW 76TH AVE 16060 SW 76TH AVE TIGARD,OR 97224 TIGARD,OR 97223 2S112CD-07300 2S112CD-07400 BRANSON GREGORY L&LESLIE H ERDMANN LENNY G&CAROL A 15838 SW 76TH AVE 15854 SW 76TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S112CD-07600 2S112CD-07700 HOWIE GEORGE E&DEBRA A SANDERS RODNEY E&KANA M 15876 SW 76TH AVE 15900 SW 76TH TIGARD,OR 97224 TIGARD,OR 97224 2S112DC-00200 2S112DC-00201 CATELLUS DEVELOPMENT CORPORATION PACIFIC REALTY ASSOCIATES 201 MISSION ST 15350 SW SEQUOIA PKWY#300-WMI SAN FRANCISCO,CA 94105 PORTLAND,OR 97224 2S112DC-01100 2 • 2DC-01200 AKERMAN RICHARD D& AKER • 'ICFH:'"+ S & 16075 SW UPR BOONES FRY RD 16075 S •'R :•ONES FRY RD TIGARD,OR 97224 T .•'D,OR 97224 2S 112 DC-01300 2S112DC-01400 PASTOR WILLIAM A PACIFIC SANTA FE CORP 15930 SW 74TH 17700 SW UPPER BOONES FERRY RD#100 TIGARD,OR 97223 PORTLAND,OR 97224 2 S 112 DC-01500 2S113AB-00300 CASTILE JAMES/AUDREY& AKERMAN RICH/WATHEY JAMES E 8100 SW DURHAM RD 16075 SW UPPER BOONES FERRY RD TIGARD,OR 97224 TIGARD,OR 97224 2S113AB-00700 2S113AB-00800 B&R INVESTMENTS DUNCAN JOHN A AND 16255 SW UPPER BOONES FERRY RD 16055 SW 74TH AVE TIGARD,OR 97224 TIGARD,OR 97223 Sipe clay - o(4 ) 113AB-01600 DU N JOHN A' ' AND 16055 S e► TI 'D,OR 9 - 4 A. AFFIDAVIT OF MAILING YO CITY OF TIGARD Community cDeve(opment Shaping Better Community STATE OE OJEC o ) County of Washington )ss City of Tigard ) I, Patricia L. Gunsforcf, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Below) NOTICE OF DECISION FOR: i AMENDED NOTICE (File No/Name Reference) City of Tigard Planning Director NOTICE OF PUBLIC HEARING FOR: . ) AMENDED NOTICE (File No/Name Reference) (Date of Public Heanng) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council © NOTICE OF FINAL ORDER FOR: SLR 98-0010 - FANNO CREEK 74TH AVENUE WEIRS STABILIZATION & ENHANCEMENT PROJECT 19/14/98 AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) City of Tigard Planning Director 0 Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF: (TypelKind of Notice) FOR: : -'' I (File No/Name Reference) (Date of Public Heanng,if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE(S) of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhib ", on the 18 day of September 1998, and deposited in the United States Mail on the 18 day of September 1998, posts prepaid. , j � / -L _ ( (Person that Prepared N i e) --- t-0( Subscribed and sworn/affirmed before me on the day of A i Q. .> i . K , 19�1 . ♦�3 . OFFICIAL SEAL �� DIANE M JELDERKS ` , .' NOTARY PUBLIC-OREGON �. ;, COMMISSION NO,046142 NOTARY PUBLIC OF OR 1* MY COMMISSION EXPIRES SEPTEMBER 07,1999 ■ My Commission Expires: 1 LARD A A 120 DAYS=12/22/98 '� ! CITY OF TIGARD Community Development ShapingA(Better Community CITY OF TIGARD 1,12as/iington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Number(s): SENSITIVE LANDS REVIEW (SLR) 98-0010 Case Name(s): FANNO CREEK WEIRS STABILIZATION & ENHANCEMENT PROJECT AT 74TH AVENUE INDUSTRIAL PARK Name of Owner: Pacific Santa Fe Corporation Name of Applicant: Pacific Realty Ventures Address of Applicant: 17700 SW Upper Boones Ferry Rd., Ste. 100 City: Portland State: Oregon Zip: 97224 Address of Property: North of SW 74th Avenue, east of SW Durham City: Tigard State: Oregon Zip: 97224 Tax Map & Lot No(s).: WCTM 2S112DC, Tax Lot 01400. Request:- AT THE SEPTEMBER 14, 1998 PUBLIC HEARING, THE HEARINGS OFFICER APPROVED, SUBJECT TO CONDITIONS, A FANNO CREEK STREAM ENHANCEMENT PROJECT INTENDED TO PROVIDE STREAMBANK STABILIZATION AND RIPARIAN ENHANCEMENT THROUGH A COMBINATION OF IN-STREAM STRUCTURES AND RIPARIAN PLANTINGS. THE SITE HAS BEEN PREVIOUSLY DISTURBED, WITH A STEEP RIP-RAPPED BANK ON THE SOUTHERN EDGE OF FANNO CREEK DOMINATED BY HIMALAYAN BLACKBERRIES. THE PROPOSED IN-STREAM BOULDER STRUCTURES FOR FANNO CREEK ARE FIVE (5) STREAM BARBS (BENDWAY WEIRS) TO BE INSTALLED WITHIN THE CHANNEL OF FANNO CREEK TO REDUCE BANK EROSION ON THE SOUTHEAST (OUTSIDE) BANK OF A MEANDER IN THE STREAM. PORTIONS OF THE BANK OF FANNO CREEK HAVE BEEN ERODED BY PAST FLOOD EVENTS. Zone: I-P; Industrial Park and W-R; Water Resources Overlay District.. The 1-P Zoning District permits light manufacturing, office and complementary commercial uses. The W-R Overlay District applies to Fanno Creek, a significant riparian corridor. The W-R district permits in-stream and streambank enhancement projects with mitigation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.84 and 18.85. Action: ❑ Approval as Requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision: DATE OF FILING: SEPTEMBER 18, 1998 THE DECISION SHALL BE FINAL ON MONDAY SEPTEMBER 28,1998,UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of$1,745 plus transcript costs, not in excess of$500. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M.ON SEPTEMBER 28,1998. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. FANNO CREEK AT SW 74th INDUSTRIAL PARK WEIRS STABILIZATION&ENHANCEMENT PROJECT SLR 98-0010 NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an application by Pacific Realty Ventures for ) FINAL ORDER Sensitive Lands Review for landform alterations in the 100- ) year floodplain of Fanno Creek for land north of SW 74th ) SLR 98-0010 Avenue and east of Durham Road in the City of Tigard,Or ) (Fanno Creek weirs) I. SUMMARY The applicant requests approval of a Sensitive Lands Review to allow placement of several "bendway weirs" in the channel of Fanno Creek and associated removal of non- native invasive vegetation and planting of native vegetation along the adjoining shoreline. City Hearings Officer Larry Epstein(the "hearings officer")held a duly noticed public hearing on September 14, 1998 to receive public testimony and evidence regarding the application. The City Planning Division recommended conditional approval of the application. see the Staff Report to the Hearings Officer dated September 4, 1998(the "Staff Report"). The applicant accepted the Staff Report and recommendations without objections or corrections. One member of the public testified about the circumstances that led to the application. Following the close of the public hearing,the hearings officer approved the application subject to the conditions recommended by staff, based on the findings provided below or incorporated herein. II. HEARING AND RECORD 1. The hearing officer received testimony at the public hearing about this application on September 14, 1998. A record of the testimony and evidence in the record is included herein as Exhibit A (Parties of Record),Exhibit B (Taped Proceedings),and Exhibit C(Written Testimony). These exhibits are filed at the City Planning Division. 2. At the hearing City planner M.J. Roberts identified the applicable criteria, summarized the Staff Report,noted the recent approval of a site development review application for an industrial park on or adjoining the site,noted new evidence submitted by the applicant regarding the impact of the proposed development on the base flood elevation (i.e.,that it will not raise the 100-year floor elevation),and recommended approval subject to the conditions of approval in the Staff Report. 3. Dan Maloney,John van Straveren and Dale Shank testified for the applicant. Mr. Maloney explained the purpose of the proposed in-water weirs(i.e., to protect the upland area from undercutting and erosion due to high water velocity on the outside edge of an oxbow formed by Fanno Creek on the site). He noted the 100-year flood elevation is 131.5 above mean sea level (msl),and the elevation of the upland area bounded by the oxbow is 124 feet msl, so that,during a 100-year flood event,water would flow over the oxbow altogether. Mr. van Straveren described the proposed weirs and environmental conditions and the permitting process underway with other agencies to gain approval of the development. Mr. Shank described the function of the weirs,noting that they will slow the velocity of water and push the water toward the center of the channel and away from the south edge(during non-flood conditions). He explained in concept why the addition of the weirs will not increase the flood elevation. 4. John Havery,who owns land to the north of the applicant's site,testified about his recollections of the history of development on the site. He raised concerns about increased flooding. He testified that Fanno Creek,where it crosses the site, did not have an oxbow until a prior owner created it by altering the route of the creek(without permits). Hearings Officer Final Order SLR 98-0010(Fanno Creek weirs) Page 1 He recommended the creek be returned to its former route,obviating the need for the in- stream weirs. Mr. van Straveren agreed that the oxbow was not a naturally formed phenomenon,but it is there now,and the applicant cannot return the creek to its former channel without causing greater potential adverse environmental impacts. Mr.Maloney characterized the application as an attempt to fix the"mess"created by the former owner's actions in altering the channel. III. APPLICABLE APPROVAL STANDARDS AND RESPONSIVE FINDINGS 1. City staff recommended approval of the application,based on affirmative findings and subject to conditions of approval in the Staff Report. The applicant accepted those findings and conditions without objections or corrections. The examiner concludes the affirmative findings in the Staff Report show the proposed preliminary plan does or can comply with the applicable standards of the County Code and Revised Code of Washington,provided the applicant complies with recommended conditions of approval as amended. The examiner adopts the applicable approval standards and affirmative findings in response to those criteria in section IV of the Staff Report,and associated basic facts in section III,V and VI of the Staff Report,as his own except as otherwise expressly provided herein. 2. The Staff Report notes the applicant failed to prove that the proposed weirs would not increase the 100-year flood elevation. Before the hearing,the applicant submitted an exhibit to provide that proof. See the September 14, 1998 letter from Roger Sutherland to M.J. Roberts. Mr. Roberts advised the hearings officer that City staff concluded that letter was sufficient to meet the burden of proof that the development will not raise the 100-year flood elevation. The hearings officer agrees and finds that the proposed development will not increase the 100-year flood elevation,based on the letter. With that,the proposed landform alteration complies with the applicable standards for a sensitive lands review. 3. Although returning the creek to its historic channel is,at first glance,a reasonable and appropriate action,it is not a simple matter to do so. However formed,the oxbow is now part of the fabric of the creek in this vicinity. To remove the oxbow or relocate the creek channel would cause greater impacts than will the proposed weirs,at least in the short term. It is more consistent with the approval criteria for a sensitive lands review to install the weirs than it would be to relocate the channel,because those criteria call for the least impact on the sensitive lands possible. Given the physical conditions existing on the property now,the applicant's proposal is the better concept for addressing creekside erosion and land stability. This does not excuse whatever illegal actions may have been taken by a prior owner of the property. But, given the present ownership and condition of the property,and given the proposed landform alteration complies with applicable approval standards for it,the hearings officer must approve the landform alteration and cannot require restoration of the historical creek channel location. IV. CONCLUSION AND DECISION The hearings officer concludes that the proposed project does or can comply with the applicable provisions of the Tigard Community Development Code,subject to applicable conditions of approval. In recognition of the findings and conclusions contained herein,and incorporating the reports of affected agencies and exhibits received in this matter,the hearings officer hereby approves SLR 98-0010(Fanno Creek weirs)subject to the conditions of approval Hearings Officer Final Order SLR 98-00IO(Fanno Creek weirs) Page 2 in section II of the Staff Report,except condition of approval#1 with which the applicant already has complied by submitting the September 14 letter from Mr. Sutherland. T) this 18t 0 • of September, 1998. "IlletA AIL A_ If ir Larry Ep.tein, • ' City of T �a . .rings Officer Hearings Officer Final Order SLR 98-0010(Fanno Creek weirs) Page 3 Agenda Item: 2.1 Hearing Date: September 14, 1998 7:00 PM STAFF REPORT TO THE hk, HEARING'S OFFICER CITY OFTIGARD Community Development FOR THE CITY OF TIGARD, OREGON Shaping J4(Better Community 120 DAYS = 12/22/98 SECTION I. APPLICATION SUMMARY FILE NAME: FANNO CREEK STABILIZATION AND ENHANCEMENT CASE: Sensitive Lands Review SLR 98-0010 PROPOSAL: The applicant has requested Sensitive Land Review approval to perform Iandform alterations within the 100-year floodplain and floodway in Fanno Creek to stabilize the bank of Fanno Creek by placement of several "bendway weirs". The applicant also proposes to enhance the riparian corridor through removal of invasive vegetation and planting of native vegetation. APPLICANT: Pacific Realty Ventures OWNER: Pacific Santa Fe Corp. 17700 SW Upper Boones Ferry Rd. (same as applicant's) Suite 100 Portland, OR 97224 COMPREHENSIVE PLAN DESIGNATIONS: Light Industrial; I-L. ZONING DESIGNATIONS: I-P; Industrial Park. The I-P Zoning District permits light manufacturing, office and complementary commercial uses. W-R; Water Resources Overlay District. The W-R Overlay District applies to Fanno Creek, a significant riparian corridor. The W-R district permits in-stream and streambank enhancement projects'with mitigation. LOCATION: The site is located on SW 74th Avenue, approximately 700 feet north of SW Durham Road; WCTM 2S112DC, Tax Lot 01400. The proposed streambank stabilizing structures would be placed against the outer (east) bank of a bend in Fanno Creek. The subject property has received Site Development Review approval for an industrial park development known as the Fanno Creek Business Park. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.84 and 18.85. SECTION II. STAFF RECOMMENDATION The Planning Division recommends 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 the decision complies with applicable local, state and federal laws. Therefore, staff conditionally recommends APPROVAL subject to the following recommended conditions of approval: 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 1 OF 12 * Staffs conditional recommendation that this project be approved with conditions is contingent on the applicant producing certified evidence that the project will satisfy the Floodplain Approval Standards of the Sensitive Lands chapter Tigard Municipal Code (TMC) Chapter 18.84. Staff is currently unable to recommend approval because of insufficient evidence regarding the hydrological impact of the project. This is the only area in which the application lacks sufficient evidence for a positive recommendation. The intent of the project is to have a positive hydrological impact and the applicant's engineer is currently running hydrological modeling which is expected to produce conclusive evidence of such impact. Due to the amount of time involved in running hydrological models, this information was not available in time for inclusion in this report but will be available before the September 14, 1998 Public Hearing. It is staff's recommendation that if new hydrologic evidence demonstrates that the project will not increase the flood elevation or reduce flood storage capacity on or off-site, is certified by a registered professional engineer and accepted by the Engineering Division, that the proposal be approved subject to the recommended conditions of approval below. If revised hydrologic evidence is not sufficient to make these findings and is not accepted by the Engineering Division, Staff's recommendation can only be to deny the application. CONDITIONS OF APPROVAL PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be M. J. ROBERTS, Planning Division (503) 639-4171.) 1. The applicant shall submit hydrologic evidence demonstrating that the project will not increase the flood elevation or reduce flood storage capacity on or off-site. The report shall be certified by a registered professional engineer and accepted by the Engineering Division. 2. Compliance with Unified Sewerage Agency Resolution and Order 96-44 shall be shown (Contact Brian Rager, Engineering Division (503) 639-4171). 3. The applicant should provide the City with the Bendway Weir Theory, Development and Design Fact Sheet that is referred to on Page 1 of the narrative. 4. In accordance with Section 18.84.040(A)(1), the applicant's design and placement specifications for the bendway weirs shall be verified by a registered professional engineer. 5. The applicant shall provide a copy of all required state and federal permits to the City prior to commencing work including, but not limited to, any required permits administered by the Oregon Division of State Lands, US Army Corps of Engineers and Oregon Department of Fish and Wildlife. 6. All work shall be undertaken in compliance with the erosion control plan and the standards under Section 18.85.080.J. Any temporary erosion control methods shall be removed upon completion of the project or as provided by the approved erosion control plan and plan implementation schedule. 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. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 2 OF 12 During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside of the work area. 7. The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. 8. The applicant shall submit an Implementation Plan as required under Section 18.85.080.K demonstrating compliance of the re-vegetation and erosion control plans with the implementation standards of the W-R Overlay District. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICERS' DECISION. SECTION III. BACKGROUND INFORMATION Site History: The site is presently undeveloped but has Site Development Review approval for an industrial park development known as Fanno Creek Business Park (SDR 97-0009). Vicinity Information: This area is currently partially developed with various light industrial uses including other industrial developments such as the 74th Avenue Industrial Park located immediately north of the subject property. Site Information and Proposal Description: The subject property is crossed by Fanno Creek as shown on the attached map. Associated with the creek corridor are wetlands and the 100-year floodplain. The path of the creek corridor across the subject property creates an inaccessible island of land west of the creek and inside a stream meander. The recent site development approval (SDR 97-0009) for Fanno Creek Business Park will develop the buildable, east portion of the property. The applicant proposes to place bendway weirs (stream barbs) in the creek channel to reduce erosion of the outer (east) bank of this meander and to plant native trees and shrubs to enhance the riparian corridor. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Underlying Zoning: The underlying zoning district is Industrial Park (I-P). Within the I-P zoning district, stream bank stabilization is not specifically classified as a permitted, conditional or prohibited use. However, the Water Resources Overlay district which applies to the Fanno Creek corridor defines a streambank restoration and enhancement project as a Type II use that is permitted with approved mitigation. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 3 OF 12 Sensitive Lands: Section 18.84 contains regulations for lands within 100 year floodplains, on slopes greater than 25% and within drainageways and wetlands that are subject to Sensitive Lands Review. Sensitive Lands Review of proposed developments in these areas is intended to implement floodplain protection measures and to protect rivers, streams and creeks by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitat, and preserving scenic quality and recreational potential. Floodplain Approval Standards: Section 18.84.040(A) states that the Hearings Officer shall approve or approve with conditions an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary. The applicant's hydrologist has stated that placement of the proposed bendway weirs will preserve and enhance the floodplain storage function and will not result in any narrowing of the floodway. The hydrological rational in support of this position is provided in the applicant's Hydrology Report (p. 6-7). In summary, the applicant claims that the effect of adding the boulders to the stream channel (which would tend to raise flow elevations) will be more or less offset by a decrease in channel drag due to the smoother-surfaced boulders. The City Engineering Division has reviewed the applicant's hydrology report and has expressed concerns with the rationale on which the report is based. The Engineering Division recommends the hydrology report not be accepted as evidence that the project will not adversely affect floodplain storage and the zero-foot rise floodway. Staff cannot, • therefore, make a finding based on the current application materials that this criterion has been met. Staff will recommend approval with conditions if further evidence, certified by a registered engineer, is submitted showing that stream barb placement will not violate this floodplain standard. 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 subject property is designated Light Industrial on the Comprehensive Plan Map. Therefore, this criterion 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. See response to floodplain storage and zero-foot floodway rise above. 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 on the subject property has been secured in conjunction with approval of the Fanno Creek Business Park (SDR 97-0009). Therefore, this standard does not apply. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 4 OF 12 • The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. The plans for the pathway have been reviewed as part of the Fanno Creek Business Park approval. Therefore, this standard does not apply. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. The applicant is in the process of obtaining Army Corps of Engineers and Oregon Division of State Lands permits. The applicant shall provide a copy of all required permits to the City as a condition of approval. 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. An easement for a pedestrian/bicycle pathway was provided on the subject property as part of the Site Development Approval for Fanno Creek Business Park (SDR 97-0009). Therefore, this criterion does not apply. Steep Slopes Approval Standards: Section 18.84.040(B) states that the Director shall approve an application for sensitive lands permit on slopes of 25% or greater based upon findings that all of the following criteria have been satisfied: The proposed project is to place stream barbs in the channel of Fanno Creek. This aspect of the project will not involve steep slopes over 25%. Noxious vegetation removal is an outright permitted use and is not subject to Sensitive Lands review. Therefore, the Steep Slopes approval standards are not applicable. Drainageway Approval Standards: Section 18.84.040(C) states that the appropriate authority shall approve or approve with conditions an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria have been satisfied: The proposed stream stabilization project will directly impact the stream channel of Fanno Creek through placement of five bendway weirs or stream barbs designed to reduce erosion and stabilize the outer meander bank identified for the project. Therefore, the Drainageway Approval Standards are applicable and are addressed below. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; The project scope involves placement of stream barbs in the stream channel to protect the stream bank. Site disturbances will not, therefore, occur to an extent greater than is required for the stream stabilization project, meeting this standard. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects of hazards to life or property; The project is intended to stabilize the stream bank, decrease erosion and re-establish riparian vegetation on the project site. The Engineering Division has reviewed and commented on the application and has recommended the applicant's hydrology report not be accepted. In the absence of an acceptable hydrology report, based on sufficient data and analysis and certified by a registered professional engineer, staff finds that there is insufficient evidence to make a finding that the project will not result in adverse on or off-site impacts. The applicant has contracted with a professional engineering firm to incorporate the proposed project into a stream flow 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 5 OF 12 modeling project. The results of the modeling will produce a definitive answer as to whether the project will result in adverse on and off-site impacts. See Staff recommendation. The water flow capacity of the drainageway is not decreased; See response above. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening; The applicant does not propose to remove vegetation in order to place the stream barbs, however, invasive vegetation will be removed and replaced with native plantings as part of the associated riparian area enhancement. Erosion control measures will be installed during the project and exposed soils will be seeded. Therefore, this criterion is met. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan. The applicant proposes to stabilize an existing drainageway. Therefore, this criterion does not apply. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. See response to this standard under Floodplain Approval Standards. 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 within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. See response to this standard under Floodplain Approval Standards. Wetlands Approval Standards: 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 wetland designated as significant on the Tigard Wetlands and Riparian Corridors Map and is, therefore, regulated by Chapter 18.85 - Water Resources Overlay District, the City's acknowledged Goal 5 program. Significant wetlands are not regulated under the Sensitive Lands chapter and, therefore, no further criteria under this section apply. Water Resources Overlay: Section 18.85.080 requires the following Development Standards to be addressed for proposed uses within the Water Resource Overlay District: 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 6 OF 12 A. Alternatives Considered. Except for stream corridor enhancement, most Type II and Ill uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and III development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. This criterion specifically exempts stream corridor enhancement from the requirement to examine upland alternatives for proposed uses; therefore, this standard does not apply. B. Minimize Siting Impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. For Type II and III uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consistent with best management practices. For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. The applicant does not propose excavation activities and proposes an extensive program to plant native vegetation and enhance the riparian area. The project in intended specifically to reduce erosion of the stream meander and the enhancement aspect of the project will also serve as an erosion control measure for the upper stream banks. The applicant's engineer has prepared an erosion control plan that describes planned erosion control techniques to be installed during site work activities. C. 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 install the stream barbs from the adjacent stream bank, thus avoiding in-stream work. Installation of silt fences along the stream bank in accordance with an approved erosion control plan will address water quality during the work period. The applicant must also 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. Compliance with all applicable agency permits is recommended as a condition of approval. D. Minimize Flood Damage. Above-ground residential structures shall not be permitted within the W-R Overlay District, where such land is also within the 100-year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain shall be designed consistent with Chapter 18.84, Sensitive Lands. No residential, commercial or industrial structures are proposed as part of this project. The hydrology report submitted by the applicant to address flood storage and base flood elevations was not accepted by the Engineering Division. Staff is, therefore, unable to make a finding that this standard is satisfied. The applicant is preparing additional hydrological evidence which may provide the necessary basis for a finding of compliance. See Staff's recommendation. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 7 OF 12 E. Avoid Steep Slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25 percent or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. The purpose of the project is to ensure stream bank stability and enhance the riparian area. Vegetation removal will take place within 50 feet of Fanno Creek and may involve steep sections of the bank. Due to the nature and intent of the project, it is Staffs opinion that these activities are necessary to ensure slope stability in as much as it is desirable to enhance the riparian area by replacing invasive species with native trees and shrubs and planting of native species will ensure slope stability. Staff finds that this standard is satisfied and recommends that an approval be conditioned on work commencing only in accordance with an approved erosion control plan. F. Minimize Impacts on Existing Vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. The applicant has stated that existing vegetation is predominantly non-native Himalayan blackberry and that no trees are located in the project area. Existing vegetation will not be preserved, but will be replaced with native species. Therefore, this standard does not apply. G. Vegetation Mitigation Plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.85.100, a mitigation plan shall be prepared and implemented. The proposed streambank stabilization project is a Type II use and the applicant has proposed a comprehensive riparian area enhancement plan involving removal of the predominant Himalayan blackberry and replacement with native riparian species. 1. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis. The applicant proposes to seed the stream bank and plant native trees and shrubs according to the planting schedule (p.11 of application narrative) and the proposed planting plan (Figure 4). 2. Where approval is granted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non-native vegetation within the remaining, protected riparian setback area on a 1.5:1 basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re-planted with native plant species. No reduction of the riparian setback area is proposed as part of this project; therefore, this standard does not apply. 3. The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. A recommended Condition of Approval is included in this report to ensure compliance with this replanting and maintenance standard. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 8 OF 12 H. Water and Sewer Infiltration and Discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. No water and sanitary sewer facilities are proposed as part of this project; therefore this standard does not apply. I. On-Site Systems. On-site septic systems and private wells shall be prohibited within the W-R Overlay District. No on-site septic systems and private wells are proposed as part of this project; therefore, this standard does not apply. J. Erosion Control Plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the W-R Overlay District: 1. Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion. 2. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only. 3. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction. 4. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded. 5. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff. 6. A stabilized pad of gravel shall be constructed at all entrances and exits to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site. 7. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation. 8. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 9 OF 12 9. Any other relevant provision of the Erosion Prevention and Sediment Control Plans Technical Guidance Handbook (City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. The proposed streambank stabilization project is a Type II use and the applicant has submitted a proposed erosion control plan within the application narrative. The applicant's materials, and specifically the erosion control plan, meet the above standards and satisfy this criterion. Staff recommends a condition of approval requiring continued compliance with these specific erosion control standards throughout the life of the project including strict adherence to the construction seasons provided by the applicable agency permits. K. Plan Implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control or Re-vegetation Plan shall be implemented and maintained as follows: 1. Erosion control measures shall be installed prior to any stripping or excavation work. 2. The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly. 3. Eroded sediment shall be removed immediately from pavement surfaces, off-site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts. 4. Water containing sediment shall not be flushed into the surface water management system, wetlands or streams without first passing through an approved sediment filtering facility or device. 5. In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. The applicant has stated (p. 12 of the application narrative ) that the project will comply with the above plan implementation standards. To ensure compliance Staff is recommending a condition of approval to ensure continued compliance. L. Type III Conditional Uses. The proposed use is a Type II permitted use; therefore, this standard does not apply. COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: Citizen Involvement: Policy 2.1.1 provides that the City will assure citizens are provided an opportunity to participate in all phases of the planning and development review process. Notice of the applicant's proposal and the public hearing has been mailed to property owners within 250 feet of the site, posted on the site and published in a newspaper of general circulation in accordance with TMC 18.32.130. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 10 OF 12 Physical Limitations and Natural Hazards and Wetlands: Policy 3.1.1 provides that the City shall not allow development in areas meeting the definition of wetlands under chapter 18.26 or areas having slopes in excess of 25% except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development. (Note: This policy does not apply to lands designated as significant wetlands on the floodplain and wetlands map.) Floodplains: Policy 3.2.1 provides that the City will prohibit any development within the 100-year floodplain that would result in any rise elevation of the 100-year floodplain. Floodplains: Policy 3.2.2 provides that the City shall prohibit development in the floodway, except if the alteration preserves or enhances the function and maintenance of the zero-foot rise floodway. Floodplains: Policy 3.2.3 provides the zero-rise floodway be maintained, that there be no detrimental upstream or downstream effects, and dedication of open land area for greenway including portions for a pedestrian pathway. Policies 3.1.1, 3.2.1, 3.2.2, and 3.2.3 are implemented directly through the approval standards of the Sensitive Lands chapter of the Community Development Code. Compliance with each of these approval standards is addressed earlier in this report. Floodplains: Policy 3.2.4 provides that the City prohibit development within areas designated as significant wetlands on the floodplain and wetlands map. The applicant proposes to stabilize the bank of Fanno Creek and restore native vegetation within the riparian area. This type of restoration does not meet the City's definition of development (18.26.030) and is specifically permitted in the Water Resources Overlay District which applies to Fanno Creek. Staff has addressed the specific Development Standards of the W-R Overlay District in the preceding sections of this report. SECTION V. OTHER STAFF COMMENTS The Engineering Division has reviewed this proposal and offered the following comments: 1. The applicant proposes to stabilize an eroding stream bank by the placement of five stream barbs that extend into the floodway. A hydrology report was submitted that was intended to show compliance with the CDC at 18.84.040 A (1) and (3). The hydrology report is not sufficient to show compliance with the approval standards. 2. The applicant proposes to compensate for the flow restriction caused by the barbs by providing a smoother creek channel, measured by the value of "n", that will convey the 100-year flood without increasing its surface elevation. The applicant first computes the value of "n" required for the channel to convey the flood then notes that the "n" value of the boulders used for the barbs meets this requirement and concludes that this assures that there will be no increase in the surface elevation of the 100-year flood. There are several problems with this proposition. First, for the channel to have the required capacity, the entire channel must be improved, not just the portion with the barbs. Second, the "n" values assigned by the applicant for the boulders only apply if the flow of water is parallel to the surface of the rocks. Here, the boulders project into the flow so the assigned "n" values are not valid. Finally, there is no accounting for the swirling and resulting energy loss caused by the barbs. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 11 OF 12 3. There is no showing of preserving "the floodplain storage function" as required by the CDC at 18.84.040 A (1) and compliance with the balanced cut and fill standard for floodplains of Unified Sewerage Agency Resolution and Order 96-44 at 3.12. Recommendations: 1. That the submitted hydrology report not be accepted. 2. That compliance with Unified Sewerage Agency Resolution and Order 96-44 be shown. 3. The applicant should provide the City with the Bendway Weir Theory, Development and Design Fact Sheet that is referred to on Page 1 of the narrative. There is nothing in the applicant's materials that provide the design requirements or background information from the Corps material. 4. In accordance with 18.84.040(A)(1), the applicant's materials should be verified by a registered professional engineer. STAFF RESPONSE: As a result of the Engineering Divisions' comments, the applicant has contracted with an engineering firm to perform hydrological modeling of the project's impact on stream flow characteristics. The results of this modeling will not be available until just before the Public Hearing on this matter. Since the adequacy of the hydrological evidence is the only substantive shortfall of the application, and since the intent of the project is to improve hydrologic conditions, Staff is making a conditional recommendation to approve the project contingent on a positive result of the modeling. If the evidence provided does not satisfactorily address all the concerns of the Engineering Division, Staff will recommend the Hearings Officer deny the application. SECTION VI. AGENCY COMMENTS The United States Army Corps of Engineers reviewed this application and offered the following comment: The Corps of Engineers states that an application for a permit had not been submitted at the time comments were submitted. The applicant has had a pre-application meeting with the Corps and will be required to submit a pre-construction notification to determine for which type of permit the project may qualify. The City will need a copy of the Corps permit prior to commencement of work. The Oregon Division of State Lands reviewed this application and offered the following comment: The Oregon Division of State Lands has been at the site and discussed the proposal with the applicant. Currently waiting for pending application submitted to commence permit review. No other comments or objections have been received. �� �► / September 4. 1998 PREPARED BY: M. J. Roberts DATE Associate Planner i:\curpin\mjr\dr98-10.rpt 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010-FANNO CREEK STABILIZATION&ENHANCEMENT PAGE 12 OF 12 ,b+ mat•` -;�` ■ ne / e• .• ;,&• ..,_,. q� ; `-•-N+ • \,\..i, ■ • \ -ice 1 ,rip 1•'lO _.,��,• •`„ \ • _ ..............._.....-. l`d':.,-...:' \ \ i9 . , t • \ Z• t o -. W LLI • J 'n n N m �,e:::a.: : a r...:� w 0. 0 Z FAN CREEK '� --.1-:. -� . !./ . ft. ,,,,..,.. , ,\ ,,,,,‘,14,.... ., ...., ., .,,„:; g,„., ," . ‘. . .. ..._ :, .I CI CD _- • LL S. o (map is not to scale) SITE PLAN T CASE FANNO CREEK AT EXHIBIT MAP N SW 74th INDUSTRIAL PARK SLR 98-0010 CITY of TIGARD _ GEOGRAPHIC INFORMATION SYSTEM I ( 717 r N 4 ��� VICINITY MAP — � w v PARCEL Q SLR 98-0010 0 cL FANNO CREEK \\I I IU AT SW 74th w INDUSTRIAL PARK I W I i O -11I O • N AN 0 100 200 303 Feet i O CC J 1"=242 feet O� . 4' -/4 iill 411 �Q �� City of Tigard 6, Information m this map is for general location only and /��� should be verified with the Development Services Drvisiort �(� O 13125 SW Flan Blvd , Tigard,OR 97223 ■ (533)6394171 -� http:7Awoeci.tigardar.us Community Development Plot date:Aug 24, 1998;CArrlagicWIAGICO2.APR EXHIBIT B Dan Maloney 17700 SW Upper Boones Ferry Road [PAGE 1 O 11 Suite 100 "NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER" Portland, OR 97224 John Van Staveren SLR 98-0010 9450 SW Commerce Circle FANNO CREEK AT 14TH AVENUE INDUSTRIAL PARK Wilsonville, OR 97070 WEIRS STABILIZATION a ENHANCEMENT PROJECT John Havery h:lpattyllabels1s1r98-10.Ibs 15970 SW 76th Avenue Tigard, OR 97224 Pacific Realty Ventures 17700 SW Upper Boones Ferry Road Suite 100 Portland. OR 97224 Pacific Santa Fe Corporation 17700 SW Upper Boones Ferry Road Suite 100 Portland. OR 97224 COMMUNITY NEWSPAPERS INC. 5 Legal P.O. BOX 370 PHONE(503)684-0360 Notice TT 9 2 19 BEAVERTON, OREGON 97075 Legal Notice Advertir!^" -...,- .1%7-7. I'V'' Li; the Ti.` 1-411.iggif'biicgaii .. considered,. Y _,... 8 , 8I,., ..., 9 • 1.1:. •yeSep -,.. .- /W.,' "8 iiit-LEAL rat Tigard Civie'Center—.Town Ha City of Tigard . EI Teart‘st,:,3125 S ' alrg,Fuleyari;'*Ignrd,aregon.,13(itli'Fililiqqiii irk!writt 1 3 1 2 5 SW Hall Blvd. -•,,. ilaony, Ittit 1 .7■ublicItearing Orilla thatfit'will he'COridtict • .r itrgclan e,,:,"tit`1,1,,..6; IiiIrfht*ter 18:32Taf the-Tigard Municir Tigard,Oregon 97223 • 0 Dupliff: ,, n'ddae- :.. •'• :1401*thelieliings-OfficerMailure-te raise • A.". 'An' a trrin:.1)iie e,OiOc:qipa.nied,bY'stathae"nti or" tvidence suf ‘ iant, ., lowlh'eeiairsialithoiltYial14APF.t.i9i p*kind_preclud • Accounts Payable - •'n'ly 41Wria Tailiiito'Ipe4ify:the f ritersgiOlioniAccpingiuni Deve 6 iniiitterteir'Comprehensive PlarRtt4hichtipiorninent k cl:'-' rikliiIii:Tul*Iie,.khtirsql on that eriterion,F,uitheronfOrinliti. web ; l',itvjk e Priediff4UmihetPlartn`iileDiVisioii.4e131250SIVjit 1 calling(503)639-4171. .7"!' ,4e6.uBt.16:1 • I G. . „ .-1K14-. 1,4.,vitmq#0.,.,14.1bc.; AFFIDAVIT OF PUBLICATION '',.-- ., .,-.,--- ENSITIVE LANDS RENMEW[siiii 913:0610'!,t--41-511( - •-:- ,FANNO CREEK AT-74TH AVENUE INDUSTRIAL/PARK LC' STATE OF OREGON, ) ,z,c,The7proposIdtIrOjeCt,iii itrea4,enhanc,ein'ent!effort.7.81efintent of t COUNTY OF WASHINGTON, )SS. ! project talOrovide'Strianiharkstabilizaticiitand,ririarianlithanCeme rtArnugh,,Wriatiop4uk-Agetruc. 'tuiresjOcjii,Pgla,11". Pat), rut' gagr. I, Kath_y_ any_der : site%as n re4rigus i fur—m-7,-14th teeppp-rapped hank-9.'1.V southern'edge of,Fanno Creek dominated yliimilayan'hiaaberlien241 being first duly sworn, depose and say that I am the Advertisinc •il r • sed in-iiieiiiiibOulderititictureircir .a.4.6eitelre 1, ■i.eyFel Director, or his principal clerk, of theTigard–Tualatin T 33arbs(bendWayAyeirs),to be insta110 withilliiii"thaiitiet dry -0 qe-, a newspaper of general circulation as defined in ORS 193.01C N to lidualitic erosion ontheijjakens7TotitsicteThanIET)filteirticleTiny and 193.020; published at crigrd in thE strearn.Portions of the bank of Fahfici Crielehalre'beeltV'riided'hYVa flood events. , '.•..7...;;;,..7.,•,„•41,14 .1.#0-:rOiNi_094.marl 5,411■ aforesaid county and state; that the ' ' ' --- --• .1/2- ,•,. -:•.'4,041roti'h/ifflaf'4i,t:..niwifr, r?, __Elearill_g_7_,S- IJR___9_8='0 010 a printed copy of which is hereto annexed, was published in the --- "--.---'- -1..-• -. .• '''' '''''' '" ''''4.- '. . ' • • • • .-.. 4, 1,th". 1,,..,,.... :10.:.•.'■<:. , . .1.. , , • entire issue of said newspaper for ONP, ' ,,,,i Q A''€X-OT..0101C iti: 15fi•i.1‘,/:3•vr“ successive and ,,,,I , -, , . ,.. -..• , - . - . •-. . - consecutive in the following issues: %..;,44-4:-.**41t.",.e`t' '' F--'-• '.',;., , .. ,•,c, , ,,,,1-.,.. ..,...NT',",.. • .r.i.-e4:,..• ,......"--...... ,,,,,..c•q:4;,,-,„,-,.-,.; ...,,,••, .'41,444/fiat.iiiiretliii:- ill •i/1, :,:...i .-• -.1,• •:.:, _.....-..!OtIffP September 3 , 1998 - , . . ...,..- „,,,-• e A0-......-.'. •.':4 i-.:1.-1:.-d•-•'14 ,illhili -:•44f.4):',-,•• :...:.-tir.,o.... ,..,1 ,0-1!,,i..tici,... ::- • - :.,,,.•..-,-,•:..-..,..-•., '• - • - :---,-- . .,. . • .. .1-. 1,.,,.... it,lc: . •,..•.: ...., — -,-:c•I;v/2.",q-. 7 4••.' III I.:cili...7..7"t7"--7.—,..,.:4$0. w,.,-... i _:.. . ,,,t1 k•tk,,,I___6j.. -r lir---:- 2" '''..." ' - • diloo-ralit 6;e 19 ii415- 1,-2 - '1"-':':' -,...–— .',. . ''''f--• '- " .. .■ 92. 414,/.15C,1!1,1 4/1 G -• ' -•,,.?, .:!. • -• .. ,,./ ,.. ;: "IA:::7....'01.-4/, Watitp!on „,,37'::4:,,,i6,'.,4.;:t tio".,,'",.'t.?7‘.: ,,,1:1 r: .4.....,,,oi.7'1'''',_;,,:iii,. ;,.-.,tot— i%'''f' i -. Subscribed and sworn to - •re me this3rd clay o f Sept( ::.••,;: -,... '• .„ i,.. t: •7' .'''.-.; ' 6.4,,,, . ,:a4,,ALC -....' Iit-wm.t.,- ---.,-;'. ” ••'., . Not Public for Oregon '''''----"41,44, ti--10.. ". -"thm•,;,---,'.' -:.:. ::.l':-.'" \t'-:"`? •Iiii`A'-'° i.,11, Sitzt ,...• *.',F. toilri ,.. i" -,' My Commission Expires: - . ..:tii.ox")..-44,-,--0016 -.' .4" J-. .1,--; 4p . •••'' .. i-pyry,t/r .0.. r,,k1/4-, ab . 7±4,4tn; ,.„. . AFFIDAVIT -, ..„ , -, # . /,-;,,,,,: ., --, ,..'i-:.;?;:t_ ....._ weivIT • et ''v;:•:- -..'''. :,1,A.441."r -...,--%---.., ..•.--- -.7:-..f.:7 l,ati,.. !1::- ..;;,'',:,,) V.,--,,...,,- ,!v.. .:.:,!!...;■•;,., 1§–PubliireSepteinber. " . •.....:' -:' ....*:-.-- ."'.:1'.1: „.".*:-~40$04...=$`-',,, ' ..: '",- -...1--,. r : r.:',.': .`,.-'•'--. `''.':-•• . — prn REQUEST FOR COMMENTS c-" CITY OF TIGARD Community(Development SfiapingA Better Community DATE: August 24,1998 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: MJ.Roberts,Associate Planner Phone: (5031639-41T1/Fax: [5031684-7297 SENSITIVE LANDS REVIEW[SLR]98-0010 FANNO CREEK AT 14tH INDUSTRIAL PARK REQUEST: The proposed project is a stream enhancement effort. The intent of the project is to provide streambank stabilization and riparian enhancement through a combination of in-stream structures and riparian plantings. The site has been previously disturbed, with a steep rip-rapped bank on the southern edge of Fanno Creek dominated by Himalayan blackberries. The proposed in-stream boulder structures for Fanno Creek are five (5) stream barbs (bendway weirs) to be installed within the channel of Fanno Creek to reduce bank erosion on the southeast (outside) bank of a meander in the stream. Portions of the bank of Fanno Creek have been eroded by past flood events. LOCATION: West side of SW 74th Avenue; WCTM 2S112DC, Tax Lot 01400. ZONE: Industrial Park District; I-P. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.84 and 18.85. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Wednesday,September 3,1998. You may use the space provided below or attach a separate letter to return your comments. Due to time constraints, please fax your comments to 684-7297, if possible. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: Please providfe tiie following information)Name of Person(sl Commenting: I Phone Number[sl: I SLR 98-0010 FANNO CREEK AT SW 74th INDUSTRIAL PARK PROPOSAL/REQUEST FOR COMMENTS REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE&COMMUNITY DEVELOPMENT APPLICATIONS Cir are:IC) to(SI(Wl CITIZEN INVOLVEMENT TEAMS Q Ptacs for ravIew In Mary CIT Boas) FILE FILE NO(S : `A2 - CcID*O ''_Tc�MSr c 4 � CITY OFFICES ADVANCED PLANNING/Nadine Smith,Pianm„gsuo.rosa COMMUNITY DVLPMNT.DEPT./awmr..s.c.Technician. _POLICE DEPT./Jim Wolf,Grimy Prevention rn,o« BUILDING DIVJDavid Scott,Building°mow _ENGINEERING DEPTJBrian Rager,wwma.Ray..Engineer _WATER DEPT./Michael Miller,op..oa,.M.n,<,., _CITY ADMINISTRATIOWCathy Wheatley,cMRKad. _OPERATIONS DEPTJJohn Roy,Prap.nyMan.ge OTHER — Viii / SPECIAL DISTRICTS r _TUAL HILLS PARK&REC.DIST.* TUALATIN VALLEY FIRE&RESCUE * _TUALATIN VALLEY WATER DISTRICT* XUNIFIED SWRGE.AGENCY* Planning Manager Fire Marshall Administrative Office Julia Huffman/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N. First Street Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 . LOCAL AND STATE JURISDICTIONS _CITY OF BEAVERTON * _CITY OF TUALATIN * /OR.DEPT.OF FISH&WILDLIFE y/OR.DIV.OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street,NE —Mike Matteucci,N«ro 9ma.cooed. PO Box 369 PO Box 59 Salem,OR 97310-1337 PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Beaverton,OR 97076 _OR. PUB.UTILITIES COMM. _METRO-LAND USE&PLANNING* _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street, NE _CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 / PO Box 23483 ./US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _Paulette Allen,Grow m aManagea4 Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. 333 SW First Avenue _Mel Huie,Greanepace.Caordn ior(CPA'✓ZOA's) 1175 Court Street,NE PO Box 2946 _CITY OF KING CITY * Salem,OR 97310-0590 Portland, OR 97208-2946 City Manager _METRO AREA BOUNDARY COMMISSION 15300 SW 116th Avenue 800 NE Oregon Street _OREGON DEPT.OF TRANS.(ODOT) _WASHINGTON COUNTY * King City,OR 97224 Building#16,Suite 540 Aeronautics Division Dept.of Land Use&Trans. Portland,OR 97232-2109 Tom Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO * 3040 25th Street,SE Suite 350,MS 13 Planning Director OR.DEPT.OF ENERGY Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Bonneville Power Administration Lake Oswego,OR 97034 Routing TTRC-Attn: Renae Ferrera _ODOT,REGION 1 #r _ Brent Curtis(CPA's) PO Box 3621 Sonya Kazen,ovgmt.Rev Cooed. _ Scott King(CPAs) —CITY OF PORTLAND Portland,OR 97208-3621 123 NW Flanders _ Mike Borreson iEngo,e.r) David Knowles,Pw,n.0 13,....o.,. Portland,OR 97209-4037 _ Jim Tice(GAS) Portland Building 106, Rm. 1002 ../OREGON,DEPT.OF ENVIRON.QUALITY _ Tom Harry(Current PI Appa, 1120 SW Fifth Avenue 811 SW Sixth Avenue _ODOT,REGION 1 -DISTRICT 2A* _ Phil Healy(c,.ront Pi Apps. Portland,OR 97204 Portland,OR 97204 Jane Estes,P.rme specata _ Sr.Cartographer(cPazca-us„) PO Box 25412 Portland,OR 97298-0412 UTILITY PROVIDERS AND SPECIAL AGENCIES BURLINGTON NORTHERN/ _ SANTA FE RJR _METRO AREA COMMUNICATIONS _PORTLAND GENERAL ELECTRIC _TCI CABLEVISION OF OR. Reed Fay,Division Superintendent Jason Hewitt Brian Moore,Svc.Design Consultant Linda Peterson 1313 W. 11th Street Twin Oaks Technology Center 9480 SW Boeckman Road 3500 SW Bond Street Vancouver,WA 98660-3000 1815 NW 169th Place,S-6020 Wilsonville,OR 97070 Portland,OR 97201 Beaverton,OR 97006-4886 _COLUMBIA CABLE COMPANY _PORTLAND WESTERN R/R _TRI-MET TRANSIT DVLPMT. Craig Eyestone _NW NATURAL GAS COMPANY Steve Myhr, Region Manager Michael Kiser,Project Planner 14200 SW Brigadoon Court Scott Palmer Catellus Property Management 710 NE Holladay Street Beaverton,OR 97005 220 NW Second Avenue 999 Third Avenue,Suite 2120 Portland,OR 97232 Portland,OR 97209-3991 Seattle,WA 98104-4037 _GENERAL TELEPHONE Elaine Self, Engineering _OREGON ELECTRIC R/R SOUTHERN PACIFIC TRANS.CO.R/R _US WEST COMMUNICATION MC: OR030546 (Burlington Northern/Santa Fe R/R Predassor) Clifford C.Cabe,Construction Engineer Lori Dorney,Engineering Dept. Tigard,OR 97281-3416 Reed Fay,Division Superintendent 5424 SE McLoughlin Boulevard 421 SW Oak Street,Rm. 110 1313 W. 11th Street Portland,OR 97232 Portland,OR 97204 Vancouver,WA 98660-3000 * - LMO/CATSf AUTOMATIC NOTIFICATION If WITNIM 350' OF THE SUSISCT PROPERTY FOR ANT/ALL CITY PAOJ%CT5. tPAOJECT PLANNER Il ASSPONJIILS POA INDICATING IAATIS5 TO MOU1V h:\patrybnasterslrlcnonce.mst 16.Jan-98 \ Y lJ) ) CITY of TIGARD Q,�� J i----N GEOGRAPHIC INFORMATION SYSTEM ��KABLE LN AREA NOTIFIED &nig MI (250') Oil rzillr. 2." °°° SLR 98-0010 2111,2ooaetea FANNO CREEK '°. AT 74TH AVE. -----)' 1.-..snicoaoroa J STREAM ENHANCEMENT/ ° RESTORATION ....411111 PARCEL ffi„T JQF PROJECT 11111 X KI O2„21100 •Iff / A\ marrom •co O sJ(j. �w� 0 100 200 300 400 Feet SIB_p� �`_]� O� 1"=295 feet 40 ,Qp Al P. City of Tigard 1. ♦ Information on this map is for general location only and 'q ♦ should be verified with the Development Services Division. 13125 SW Hall Blvd ! Tigard,DR 97223 OaV (503)839-4171 ``__ http:dwww.ci.tigard.or.us Community Development ^ Plot date:Aug 25, 1998;C:lmagic\MAGICO2APR SENSITIVE LANDS APPLICATION � .. l a 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 CITY OF TIGARD GENERAL INFORMATION p PRE-APP. HELD WITH: ■ 1.1 DATE OF PRE-APP.: Property Address/Location: /a%75- 71071 LAY . Tf /975 3.\■4 7 / E FOR STAFF USE ONLY Tax Map &Tax Lot#(s): c '// 2Q — 74x AeAslo - 721-54 (©T- Case No.(s): l ��l° Other Case No.(s): _ Site Size: �� Receipt No.: O 5\ Property Owner/Deed Holder(s)*: (ioG/�'G rC� ' 'i' ' 7 f"' Application Accepted By !�0 �* /47; Address: /_I 1/.U- .17' one: 'Z . Date: q-94-9k City: /e:4-7L ./47 Zip: 7 Applicant*: Date Determined To Be Complete: Address: Phone: (-// 2 Comp Plan/Zone Designation: City: Zip: _ P When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written CIT Area: authorization from the owner or an agent of the owner. The owner(s) Rev.8/31196 t.lcurpinVnasterMsla.doc 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 SUBMITTAL ELEMENTS The owners of record of the subject property request a Sensitive Lands Permit to allow (please be specific): ✓ Application Elements Submitted: /,Iy7L r- S / IV�Y/ f i4=VV(/p G/ 32,2- El Application Form 4 �.�sy Art-`" �)/G__ �� ❑ Owner's Signature/Written Authorization eN� ©�1 . f ❑ Title Transfer Instrument or Deed ❑ Site/Plot Plan (8'17"x 11") (#of copies based on pre-app check list) ❑ Applicant's Statement (#of copies based on pre-app check list) ❑ Filing Fee (Administrative) $ 745.00 (Hearing's Officer) $1,240.00 1 List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this it day of �� , 19_ V(2- •w :rs Signature Owner's Signature Owner's Signature Owner's Signature 2 APPLICATION FOR CITY OF TIGARD SENSITIVE LANDS AND WATER RESOURCES PERMIT Streambank Stabilization and Riparian Enhancement for Fanno Creek at SW 74th Industrial Park in Tigard, Oregon Prepared for Pacific Realty Ventures Portland, Oregon Prepared by Pacific Habitat Services, Inc. Wilsonville, Oregon (503) 570-0800 August 21, 1998 • APPLICATION FOR CITY OF TIGARD SENSITIVE LANDS AND WATER RESOURCES PERMIT Streambank Stabilization and Riparian Enhancement for Fanno Creek at SW 74th Industrial Park in Tigard, Oregon Prepared for Dan Maloney Pacific Realty Ventures 17700 SW Upper Boones Ferry Road, Suite 100 Portland, Oregon 97224 Prepared by John van Staveren Richard Novitzki Dale Shank Patricia Farrell Dale Groff Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, Oregon 97070 (503) 570-0800 (503) 570-0855 FAX PHS Project Number: 8-1639 August 21, 1998 1.0 INTRODUCTION The proposed streambank stabilization and riparian enhancement project is located on SW 74th Avenue in the City of Tigard, on the south side of Fanno Creek (Township 2 South, Range 1 West, Section 12) (Figure 1). Fanno Creek is considered a Major Stream by the City of Tigard (City) and is mapped within the Water Resources Overlay District as a Significant Water Resource in the Tigard Planning Area. The project is also within the 100-year floodplain of Fanno Creek. As such, Sections 18.84 Sensitive Lands, and 18.85 Water Resources Overlay District apply to the proposed project. 2.0 PROPOSED PROJECT DESCRIPTION The proposed project is a voluntary stream enhancement effort. The intent of the project is to provide streambank stabilization and riparian enhancement through a combination of in- stream structures and riparian plantings. The site has been previously disturbed, with a steep rip-rapped bank on the southern edge of Fanno Creek dominated by Himalayan blackberries. The proposed in-stream boulder structures for Fanno Creek are five (5) stream barbs (bendway weirs) to be installed within the channel of Fanno Creek to reduce bank erosion on the southeast (outside) bank of a meander in the stream. Portions of the bank of Fanno Creek have been eroded by past flood events. The barbs are intended to minimize erosion on the outside of the bank and increase the bank stability by reducing toe erosion of the slope. The barbs will be installed at intervals along the east bank to direct high flows away from the eroding bank and toward the center of the channel (Figure 2). These barbs will slope linearly from a height of 30-inches above the stream bottom near the center of the channel to the 2-year flood elevation at the outer bank. They will be angled upstream at about 45 degrees to the bank. They will be constructed with angular basalt boulders ranging from a diameter of 30-inches in the stream center, to larger(3- 4 feet) boulders on the outer bank. Each barb will have a volume of about 7 to 12 cubic yards and will be approximately 5 to 8 feet wide and 6-7 feet high at the bank edge (Figure 3). The design of the proposed stream barbs is based on the U.S. Army Corps of Engineers Bendway Weir Theory, Development and Design Fact Sheet. This type of bank stabilization has been used successfully by the Corps in a number of projects and on a variety of rivers and streams. The following information is intended to address the specific approval standards and application requirements related to the Sensitive Lands and Water Resource overlays, as discussed during a Pre-Application meeting held on August 11, 1998, with M.J. Roberts, Planner with the City. The specific requirement is italicized, followed by the response. Pacific Habitat Services, Inc. Page-I- pHs Pacific Habitat Services, Inc. /� , .`_ _ • ,- 1 ! `.,v' L` ` ` _�'y, 1 -T FAR 6 FdpVIAEiW O f \ 1 Ti�_IR'• ,) ..>. 's,. ••.,- ... i A 111r4 111.14',7''---... 2r:r.—'H..: '- Wag...V.t. ••• / - 11 \ I'l al,,I.#■!t.Z.,1€1;ii N'_‘7 7E.4702:,---:4_, -'_ ,- .4w-1k fr.,,,..4 : • . 5_,JA!**411 ..—.. 1:)\7471111",_•----- ';*-7.7-'---itztf> _.2./.11 '----- vi/- --z,z4,---,--,21 .----„1", , j„ \\-\,: arpri it.,....k,......\‘..„ . - .--4- -- ,,,.. i ,r„;-- • , „-_-_s_ _ ..../ -................Il .'%! t _-,r[s 44,01 11IM , ,/ O lr Or ,I i - �. ".r .---.--- , . ,_,,, 42,. , 1 , -7ii 1 ,,r r _ 0 141 _a, ., lib li __ 1 200•. ••N• :ill! 'I r\Nip 0 Itrr - ' .yJ 1f III ;: � /1 rt im,.1 ..i.. IprIl ' . . i� • ,-- • r—��� /,-r ;.,� era}. - ,,,� .... gig m' 1 l��J` ' r:�r +,4t . ..: a, :Vie.. '�551 �� I I � /�� S Alm ,., a 73911 t,_., 1.1,., ' :) 11111110\71%...,,fi-1 t: ' A _..: -4-,,, , ---•*1.4--,..:;thp_.-------- / __1.- .•_^•,.. ' 4.)Morwegiyli;1.01.kif rgill 41r-i't g7P.4;-4.."1- ,'. . it - ,1 yfOredill141 / H ..ei w 11146'1 7/4r q/. • j 0441 ei 672,11,.a14k' . ..1'8 ,. 1 ..•P ' ,.\.\ /, --,,,,e, , - , II.,--..", /...:: 1.1 rd.' -lir or- -4' ii___/"...41/'")4. I )rr4,'',.. '••■ ,, LI; ..‘ N i '. I.I. f -' s 7► loo T A T I N i,, �(rte./ '' •�•/ �/ I 1` k r I ', L r ir i• \ s r • ` ' PIP - �!=acrc Nifi ∎ �.r /.0, i. " �. mi ' -• - d' I ,e."- �, ` i , I .. t, gi' l � / � - . B 12 1411461 z Llifitia",_,i, .., ...,,, 123 /3o i aK'---'1, ,.►.••' i f..f r_ '�o -;rr M' ;j- Fig. 1 Location of proposed Fanno Creek stream stabilization and riparian enhancement project on SW 74th Avenue in Tigard, Oregon (USGS, Lake Oswego and Beaverton quads.) NOTES: Five (5) boulder deflectors extending approx. 12-15 feet into channel. Each deflector approx. 12 cubic yards angular, hand—selected basalt boulders, ranging in size from 4—feet to 30—inches in diameter. No equipment will be allowed in the stream. Sediment fencing will be located at both the top and toe of the slope prior to construction. 71'40'00 E /1 54.50' Following removal of blackberries, coir fabric should ; be placed on the slope prior to seeding and planting. • Z Sediment fencing to remain in place until grass seed 'i established. GREENWAY TRACT m !'i ;a% LEGEND: S 52'54'00V';,j%'x;./ ,i tom" — Sediment fence ftbow Stream barb (bendway weir) / _ Stream Barb Locations 7 'J'�'ui� ,� h� yl 5 25'40'00' E ' •CZ.•� pe,...;..//,,,f;i>:,.S 27 2••0 W 71.04' � A'T� \ 119.93' E 01 1.-: S 0134 E i 4, , 66.5•' /0 b 0 30 60 120 F`� pO Q'� i e ` Millti / -''-; ; - 's'"I ,f... --r=: iii��� / 0 \ �����• rF� ; -0o—ooso ----��DO --r-- s-a.00so- \\•Scale in Feet �' ' 5 ' \ III OF ,�. s w .`V II •■ a ..,, Y FF 140.0 ;;c,»_o . `�1' `� Fa ♦N ■ p _ Pacific Habitat Services, Inc. �2 Location of proposed stream barbs (bendway weirs) on Fanno Creek at SW 74th Avenue, Tigard, Oregon. PHS 11 Pacific Habitat Services, Inc. FA IMO CREEK BEA/DIA/AY wE!Rs Largest baalderS oh clowns-h- 01,, side 3 1 TFLoW BA p 601% 41410 VIEW Len,t-i=o,rrroy. 1/3 Wrdt� + of (otJ_f1' C�a I 1 V ecTIQ,V (1-2.-15 fit) «fill T (j\gc--- E- Low WATER `�. LEVEL Approx. 2.o Ff deep GYP CAL- -No+ - ' " Smogre� Fig. 3 Conceptual plan and cross section of proposed stream barb (bendway weir) design for Fanno Creek at SW 74th Avenue in Tigard, Oregon. 3.0 CITY OF TIGARD LAND USE APPROVAL STANDARDS 18.84.040 SENSITIVE LANDS APPROVAL STANDARDS A (1) Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero foot rise floodway shall not result in any encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; Response: Criteria met. The proposed project has been analyzed and certified by a registered professional hydrologist to verify that the weirs will not result in any increase in flood levels during the base flood discharge. (2) Land form alterations or developments within the 100 year floodplain shall be allowed only in areas designated as commercial or industrial on the Comprehensive Plan land use map, except that alterations or developments associated with community recreation uses utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; Response: Criteria met. The proposed project is within an industrially-zoned lot. (3) Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100 year flood; Response: Criteria met. The proposed project has been analyzed and certified by a registered professional hydrologist to verify that the weirs will not result in any increase in the water surface elevation of the 100-year flood. (4) The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless construction of said pathway is deemed by the Hearings Officer as untimely; Response: Criteria met. The property owners, Pacific Realty Ventures, have dedicated a 20-foot wide easement to the City for construction of the bike path. Pacific Habitat Services, Inc. Page -2- (5) The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; Response: Criterion met. The dedicated easement for the pedestrian/bicycle pathway is above the elevation of an annual flood. (6) The necessary US Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; Response: Criterion met. A General Authorization permit for Wetland Enhancement/Restoration has been submitted to the Oregon Division of State Lands (DSL),the Oregon Department of Fish and Wildlife(ODFW),and the U.S. Army Corps of Engineers (Corps). All of the agencies have met on site and are familiar with the proposed project. An on-site meeting was held on August 11 to discuss the project with Bill Parks (DSL), Jan Stuart(Corps) and Jim Grimes (ODFW). Modifications were made to the design based on their recommendations. (7) Where land form alterations and/or development are allowed within and adjacent to the 100 year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Response: Not applicable. The proposed project is a stream enhancement and riparian restoration project. B (1) The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; Response: Criterion met. The proposed project will be in-stream and on the adjacent bank. Installation of the stream barbs and riparian plantings will be accomplished from the bank.No equipment will be within the channel. (2) The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; Response: Criterion met. The proposed in-stream boulder structures for Fanno Creek are five (5) stream barbs (bendway weirs)to be installed within the channel of Fanno Creek to reduce bank erosion on the east(outside) bank of a meander in the stream. The barbs are intended to minimize erosion on the outside of the bank and increase the bank stability by reducing toe erosion of the slope. The barbs will be installed at intervals along the east bank to direct high flows away from eroding bank and toward the center of the channel. (Figure 2). Pacific Habitat Services, Inc. Page-3- The boulders will be placed in the creek from the adjacent bank with a crane or trackhoe. No equipment will be in the stream itself. Prior to the placement of the barbs, sediment fencing will be placed near the toe of the slope and at the top of the slope. Following placement of the barbs, the adjacent bank will be protected with coir fabric and planted with a variety of native trees and shrubs. It will then be seeded with an appropriate native grass/erosion control mix and planted with native trees and shrubs to provide increased soil stability. The sediment fencing will remain in place until the grass cover is established to ensure that sediment does not enter the stream. (3) The structures are appropriately sited and designed to ensure structural stability and proper drainage offoundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to- bedrock; and Response: Not applicable. The proposed structures are in-stream barbs. (4) Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening. Response: Criterion met. Currently the streambank is dominated by Himalayan blackberries, an invasive, non-native plant. The riparian restoration will include removal of the blackberries, seeding with a native riparian grass seed mix, and replanting with native trees and shrubs. Figure 4 illustrates the proposed planting plan. C The appropriate approval authority shall approve or approve with conditions an application request for a sensitive lands permit within drainageways in Subsections 18.84.015 B. and D. based upon findings that all of the following criteria (1 —7) have been satisfied: Response: Responses provided in Sections A and B. D 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 within the Comprehensive Plan (1 —5). Response: Responses provided in Sections A and B. Pacific Habitat Services, Inc. Page -4- Sym. Qty. Botanical Name Common Name Size 0 30 Acer macrophyllum Bigleaf maple 18-24" %/ 20 Alnus rubra Red alder 18-24" a25 Rhamnus purshiana Cascara 18-24" 18 Prunus emarginata Chokecherry 18-24" 10 Pseudotsuga menzieaii Douglas fir 3-4' • 40 Gaultheria shallon Salal 18-24" A 20 Sambucus racemosa Red elderberry 18-24" / i /• 50 Rubus parviflorus Thimbleberry 18-24" / r a 50 Symphoricarpos albus Snowberry 18-24" =7.77 150 Saliz app. Native willows cuttings / N 00'09'38" �•,. ...1.600-- 1/ / i - --- ----' .-'' \• / . �l . -- . 0 25 50 100 ; _ — - _ i54. eems�,,, �A _ GREENWAY TRACT : :m /� ' r �,,� Scale in Feet A ", r Z` ■ , - ,'. 'T mac---4 Al 1 i`:::,• e'sn rn —' \`"�'" 1f`0/ T , 5"0.0100 MINI 1 .. --C.�. -■ 4� ' �1 , IE 1 .SO $::6Z 54'00 „,�� ;' - ` :::.r.:., ,. ,:�/ 6"�`TS '' . 6. 15 I a X i�� : 56..1' jr{�R�.r / / +�_ _ i �i� i `X ..::::: :: :::::::::.• •:::::::::: ::::::: . �.•V': /. �'S�O.OIOG' .... 0.1.. . .-- _7 ;1 j '+',,. IE 133.40•— �::;::::::: :'I`;�pii�� i, - j, / 6"515 i''4/�/ is`( 411 `� 0 1I PAIL,PoM 0 1 .U• LINIMu.rdi.... MD III �� is ::D ' /;, f%.. X37.0 . / rZ4��._ , `\ Z Z Stream Barb Locations r.- - :• ,, A• ,�;,�, T }� ,�� `yam�,a 360 CO :m �% ��• . A 1 / oo m �\ ( ,• A ' /i. o F /r U1 \ .:/ if.P j* y',., , ■ \ Cab le �`� Co �'�;��� '%".'':lid_ -S2 / h. 1�i-w gm ITI le lin." T r ::: ek : �/ :,.,5,,,,,,, ; • "'� � _- ��' - ..,�w4� ' N \� mini , F 114 .0 ; A•;, `'-:/. � `� iii-• •\ �/'J7 �� 7•.//L .-.L j�/iii, /�/l, •. . ce. \ 1. I'41 `[ 1 �� : �•,,...„....,..... .._,. ....,4„l ,.. ���� / �VI,. 1.-..-1,,,11. . �///.'''//' /yip, ;4;i -- / - ` -:`` ' }STS' — —— .�_n ,� �— 6 � , / , ''- '�- ? — 0.0050 - 5•Q 0090 . -_---' 5"0.[ICllpt/� / `134.`6 ,�_-i �` IE 1386 `— IE 136 S/ / 4 8-1639 8/20/98 Pacific Habitat Services, Inc 1 — Figure 4. Proposed streambank stabilization and riparian enhancment planting plan for the Creekview Business Park on Fanno Creek at SW 74th Avenue in Tigard, Oregon. (6) The provisions of Chapter 18.150, Tree Removal, shall be met; Response: Not applicable. No trees will be removed by this project. (7) Physical Limitations and Natural Hazards, Floodplains, and Wetlands, Natural Areas, and Parks, and Recreation and Open Space policies of the Comprehensive Plan have been satisfied.(Ord. 95-03; Ord 90-29; Ord. 90-22; Ord. 89-06; Ord. 87-66; Ord 87-32; Ord. 86-08; Ord. 84-29; Ord. 83-52 Response: Criterion met. The proposed project will meet all policies of the Comprehensive Plan. 18.85.00 WATER RESOURCES OVERLAY DISTRICT 18.85.060 Application Requirements for a Type II Use (A) Type I Uses. Response: Not applicable. The proposed project is not a Type I Use. It is a Type II use as determined by (h): instream and streambank enhancement... within 10 feet of the top of bank.. (B) Type II and III Uses:Site Specific Survey Required Response: A full set of drawings is included with this application. (C) Site Specific Water Resource and Riparian Setback Determinations. Response: A wetland delineation was completed by Pacific Habitat Services, Inc. in September 1997. The wetland/water resource boundary was surveyed. This information is included with this application in Appendix A. (D) Type II and III Uses:Required Studies and Mitigation Reports. 1. Hydrology and Soils Report 2. Grading Plan 3. Vegetation Report 4. Streambank Conditions Report Pacific Habitat Services, Inc. Page-5- Response: 1. Hydrology and Soils Report • Hydrology Report On the site there are two distinct areas separated by a steep fill bank. The western portion of the site is located within the Fanno Creek floodplain. The creek flows in the bottom of a channel which is steep-sided on its eastern bank, but has a relatively flat floodplain to the west. Site elevations range between approximately 130 feet National Geodetic Vertical Datum (NGVD), within the Fanno Creek floodplain,to approximately 140 feet NGVD near the eastern property boundary along S.W. 74th Avenue. Site hydrology is dominated by Fanno Creek, a perennial tributary of the Tualatin River, that crosses the property from north to south and forms the western study area boundary. Fanno Creek flows approximately 20 to 30 feet wide along the western study area boundary, with a steep break in slope on its eastern bank at the southern end of the site. The stream's influence is limited to overbank flooding of the adjacent floodplain terraces. Fanno Creek joins the Tualatin River approximately one mile to the south of the site. The east bank of the stream is subject to bank erosion during high flow events. Upstream and downstream from the meander are functional low floodplains along the east side of the stream. The point bar west of the meander is slightly higher than the floodplains upstream and downstream. The stream gradient to the north is about 0.0014. Downstream from the site below the meander, the stream gradient is higher where the stream forms a shallow riffle, passes under the Durham Road bridge, and discharges to the Tualatin River. Several approaches for protecting the bank of Fanno Creek from erosion were considered. The bendway weir was selected because it protects the bank at the weir site and directs the flow away from the eroding bank for some distance downstream, thereby providing the greatest protection with the least amount of material. The size, design, and elevation of the weir at the bank was selected to provide protection from at least the 5-year flood. The highest elevation of the weir at the bank was determined by the elevation of the 2-year flood profile. Available data from the gaging station were used to generate an exceedance probability curve for stream stage over the period of detailed record. The 5-year flood is less than 1.5 feet above the 2-year flood level. With the top of the weirs at the 2-year flood level, the water passing over the weir at the 5-year flood level should still be supercritical. Pacific Habitat Services, Inc. Page-6- The location of the five (5) weirs are shown•in Figure 2. These were selected to effectively deflect current away from the eroding bank and to maintain control of the current along the eastern portion of the meander. The location of the fourth weir was selected to protect the downstream face of a bench formed along the east bank by a clay sill in the middle of the meander. The last weir was located to assure that no erosion would occur immediately downstream as a result of project activities. Weirs will be constructed at an angle of 45 degrees to the principal channel flow direction and point upstream from the bank. The elevation of the weir at the bank will be at the 2-year flood elevation and the upstream end will be at the stream bottom (Figure 3). Bendway weirs selected for bank protection in Fanno Creek will occupy approximately 15% of the low water channel. During the 2-year to 5-year floods,the weir will occupy less than 10 percent of the channel conveying floodwater. The increased hydraulic friction caused by the reduced channel section will theoretically increase surface elevation by a few inches. However, the increased transport efficiency of the modified routing of floodwaters by the weirs will reduce hydraulic friction and reduce the surface elevation--the net result will be that the flood profile during the 2-year to 5-year floods will be essentially the same as present. We performed a relatively simple analysis to determine the effects of the weirs on flow conveyance. In open channels, flow is most directly affected by the cross-sectional area and the hydraulic friction(represented by the"n"value based on current flow conditions and the present channel condition. At the 2-year flood elevation(from a stage exceedance probability plot)with the present channel configuration and hydraulic slope,an"n" value of 0.0287 was calculated. This falls in the range described by Alan L. Prasuhn(Fundamentals of Hydraulic Engineering) as"earth channel with some stones and weeds"which is reasonable for the channel segment along the project reach. Using that"n"value but with the channel cross- section reduced by the weir replacement, the water depth for the 2-year flood would increase by approximately four(4) inches. We then calculated the"n"vale of the section after weir construction that would transport the same flow with no increase in surface elevation. If the "n"value of the modified section is 0.0265 or lower, there will be no increase in surface elevation. The smoother surface provided by the large rocks to be used for weir construction should reduce the"n" value for the portion of the hydraulic radius affected by the weir(the value for"earth channels smooth, no weeds=0.020" and"unfinished concrete= 0.013- 0.016"). Therefore, it is most likely that weir construction will not increase water surface elevation at all. These calculations are based on the 2-year stage. When the hydraulic radius is greater at higher floods, the effect of the weirs will be smaller. During the more extreme base flood event(100 year flood)the reduction of the floodway by the weir will amount to less than 2%of the active floodway. The net effect of the weirs and the bypass channel during the 2-year to 5-year events will be negligible. The net effect during the 100 year event will be a modest reduction in the flood profile resulting from improved flood conveyance in the main channel. Pacific Habitat Services, Inc. Page-7- Soils Report The U.S. Department of Agriculture, Soil Conservation Service(SCS) has mapped the soils on the project site as Quatama loam, 0-3% slopes(map unit 37A). Quatama loam is a deep, moderately well-drained soil that formed in stratified glacio- lacustrine deposits on terraces. In a typical profile, the surface layer is dark brown loam about 8 inches thick. The upper 10 inches of subsoil is dark yellowish-brown loam, and the lower 20 inches is dark yellowish-brown clay loam. The substratum is dark yellowish-brown loam to a depth of 60 inches or more. Permeability is moderately slow. This soil is classified as a fine- loamy, mixed, mesic Aquultic Haploxeralf The eastern bank of the stream through the site is composed of various materials and mostly covered with Himalayan blackberries. The northern portion of the meander south of the sewer line is composed of coarse, uncompacted fill. Chunks of concrete and asphalt can be seen in the upper streambank. The bank in this reach has a low angle and is probably not prone to failure if the toe of the slope can be kept from eroding. The lower portion of the stream bank below the fill is composed of a cohesive sandy silt. The southern portion of the meander which does not contain much fill is generally steeper than the streambank to the north. The bank contains a clayey horizon above the low flow level of the stream. This horizon forms a low bench along the stream where groundwater discharges to the surface forming a zone of hydrophytic vegetation with few blackberries. The downstream end of this bench is truncated abruptly where an eddy is formed during high flows of the stream. These flows are also actively eroding the east bank of the stream in the southern portion of the meander. The streambank at the southern end of the property is much steeper than the bank at the north end on the meander and is probably eroding during high flows. 2. Grading Plan No grading is proposed for this stream enhancement project, however a set of drawings is included with this application for the adjacent upland development project, Fanno Creek Business Park. The plans include grading, landscaping and erosion control. 3. Vegetation Report Fanno Creek consists mostly of open water,with a narrow band of vegetation on the eastern bank below a steep topographic break dominated by a thicket of Himalayan blackberry. One large Douglas fir(Pseudotsuga menziesii; FACU)and one big leaf maple (Acer macrophyllum; FACU) are present at the top of the slope. The flat floodplain area is dominated by bird's-foot trefoil (Lotus corniculatus, FAC), hooked buttercup (Ranunculus uncinatus, FAC-), creeping buttercup (Ranunculus repens, FACW), common velvet grass, (Holcus lanatus, FAC), and Kentucky bluegrass(Poa pratensis, FAC). Pacific Habitat Services, Inc. Page-8- Other species include weedy plants such as tall fescue (Festuca arundinacea, FAC-), thistle (Cirsium arvense, FACU+), English hawthorn (Crataegus monogyna, FACU+), Kentucky bluegrass, colonial bentgrass (Agrostis tenuis, FAC), oxeye daisy (Chrysanthemum leucanthemum, UPL) and common velvet grass. 4. Streambank Conditions Report Response: Not applicable. No reduction in the riparian setback is proposed. 18.85.080 Development Standards (A-K) A. Alternatives Considered. Except for stream corridor enhancement, most Type II and III uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and III development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. Response: Not applicable. The proposed project is a Type II stream enhancement. B. Minimize Siting Impacts. The proposed use shall be designed, located land constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. Response: Criterion met. The proposed project will have minimal excavation and will not result in loss of native vegetation, erosion or adverse hydrological impacts on water resources. The boulders for the stream barbs will be placed in the creek from the adjacent bank with a crane or trackhoe. No equipment will be in the stream itself. Prior to the placement of the barbs, sediment fencing will be placed near the toe of the slope and at the top of the slope. Following placement of the barbs, the adjacent bank will be protected with coir fabric and planted with a variety of native trees and shrubs. It will then be seeded with an appropriate native grass/erosion control mix. The sediment fencing will remain in place until the grass cover is established to ensure that sediment does not enter the stream. C. 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. Response: Criterion met. Construction methods shall be used to minimize damage to water quality and native vegetation. No equipment will be allowed in Fanno Creek. All work will be done from the adjacent banks. Areas disturbed by blackberry removal or construction will be restored as per the proposed mitigation plan (Figure 4). Pacific Habitat Services, Inc. Page-9- D. Minimize Flood Damage. Above-ground residential structures shall not be permitted within the WR overlay district, where such land is also within the 100 year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on-or off-site. Any new commercial or industrial land development proposed within the 100 year floodplain shall be designed consistent with Chapter 18.84, Sensitive Lands. Response: Criterion met. On-site flood storage capacity will not decrease as a result of the proposed stream enhancement project. The project is consistent with the Sensitive Lands standards. E. Avoid Steep Slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25 percent or greater and in areas with high erosion potential(as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. Response: Not applicable. Project is stream enhancement within 50 feet of the water resource and is undertaken to ensure slope stability. F. Minimize Impacts on Existing Vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved 1. Temporary measures used for initial erosion control shall not be left in place permanently. 2. Work areas on the immediate site shall be carefully identified and marked to reduce 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 place outside the work area. 5. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place. 6. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. Response: Criteria met. Existing vegetation is predominantly non-native Himalayan blackberry. No trees will be removed by this project. Trees to remain will comply with standards 1-6. G. Vegetation Mitigation Plan. If a Type 11 or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.85.100, a mitigation plan shall be prepared and implemented. Pacific Habitat Services, Inc. Page-10- Response: Criterion met. Following placement of the stream barbs the fringe of the streambank will be planted with live willow stakes. Dryer areas on the higher slope will be planted with the native trees and shrubs appropriate for those conditions. The following table lists the species and quantities to be planted on the bank following removal of the existing blackberries. Common Name Botanical Name Size Quantity Trees: Bigleaf maple Acer macrophyllum 18-24" 30 Red alder Alnus rubra 18-24" 20 Cascara Rhamnus purshiana 18-24" 25 Chokecherry Prunus emarginata 18-24" 18 Douglas fir Pseudotsuga menziesii 3-4' 10 Shrubs: Red elderberry Sambucus racemosa 18-24" 20 Salal Gaultheria shallon 18-24" 40 Snowberry Symphoricarpos albus 18-24" 50 Thimbleberry Rubus parviflorus 18-24" 50 Willow species Salix spp. cuttings 150 In addition, the bank will be seeded with the following seed mix: Pro-Time 402 Native Riparian Grass Mix with 50%Regreen at 2 lbs/acre. Native vegetation established along the bank will enhance the wildlife habitat in this portion of Fanno Creek. The additional native trees and shrubs will provide a greater diversity of feeding, nesting and cover opportunities for local wildlife. Eventually,the trees may provide shade and organic material to the stream. This, along with the variation in current velocity offered by the boulder structures, will also allow some improved habitat for aquatic species within the stream. Figure 4 illustrates the location of the proposed riparian plants. H. Water and Sewer Infiltration and Discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. Response: Not applicable. No water or sewer infiltration or discharge is proposed. Pacific Habitat Services, Inc. Page-11- 1. On-Site Systems. On-site septic systems and private wells shall be prohibited within the WR overlay district. Response: Not applicable. No septic systems or private wells are proposed. J. Erosion Control Plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: 1-9. Response: Criterion met. The project will comply with all erosion control standards. The project will occur within the in-water work period for Fanno Creek (July 1 - September 30) and during the dry season(June - October). An erosion control plan prepared by VLMK is provided with this application. K. Plan Implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control or Revegetation Plan shall be implemented and maintained as follows: (1-5) Response: Criterion met. All erosion control and revegetation measures will comply with City standards. L. Type III Conditional Uses. The procedural and substantive provisions of Chapter 18.130, Conditional Uses, in addition to Section 18.85.080(L)(1-2) below and 18.85.080(A-K) above, shall apply to determine whether a Type III use listed below may be approved Response: Not applicable. No Type III Conditional Use is required. Pacific Habitat Services, Inc. Page-12- Appendix A Wetland Delineation Report September 1997 Wetland Determination and Delineation for Industrial Property on SW 74th Avenue in Tigard, Oregon Prepared for Pacific Realty Ventures Lake Oswego, Oregon Prepared by Pacific Habitat Services, Inc. Wilsonville, Oregon (503) 570-0800 September 16, 1997 Wetland Determination and Delineation for Industrial Property on SW 74th Avenue in Tigard, Oregon Prepared for Dan Maloney Pacific Realty Ventures 16325 SW Boones Ferry Road, Suite 203 Lake Oswego, Oregon 97035 Prepared by John van Staveren Patricia Farrell Julie Fukuda Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, Oregon 97070 (503) 570-0800 (503) 570-0855 FAX PHS Project Number: 7-1401 September 16, 1997 TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 WETLAND AND WATERS OF THE STATE DEFINITION AND CRITERIA1 2.1 Regulatory Jurisdiction 1 2.2 Waters of the State and Wetland Definition 1 2.3 Wetland Criteria 1 2.3.1 Wetland Hydrology 2 2.3.2 Wetland Substrate (Soils) 2 2.3.3 Wetland Biota(Vegetation) 3 3.0 PROJECT METHODOLOGY 3 3.1 Off-Site Research 3 3.2 Wetland Delineation Field Methodology 3 4.0 WETLAND CRITERIA DISCUSSION 4 4.1 Topography 4 4.2 Hydrology 4 4.3 Soils 5 4.4 Vegetation 5 5.0 WETLAND AND WATERS OF THE STATE DISCUSSION AND CONCLUSIONS 5 5.1 National Wetlands Inventory 5 5.2 Wetlands and Water of the State Conclusions 6 6.0 REFERENCES 6 APPENDIX A: Wetland Determination Data Forms 1.0 INTRODUCTION Pacific Habitat Services, Inc. (PHS) conducted a wetland determination and delineation on the proposed industrial development site in Tigard, Washington County, Oregon(T2S, R1 W, Section 12). The 3.83 acre site is located adjacent and west of S.W. 74th Avenue, north of Durham Road, and west of Interstate 5. The generalized location is shown in Figure 1. This report presents the definitions and the methodology used to determine the location and extent of wetland on the property, followed by a discussion of site characteristics as they pertain to the three required wetland criteria. The wetland delineation was conducted on June 7, 1997. 2.0 WETLAND AND WATERS OF THE STATE DEFINITION AND CRITERIA 2.1 Regulatory Jurisdiction Wetlands and water resources in Oregon are regulated by the Oregon Division of State Lands (DSL)under the Removal-Fill.Law(ORS 196.800-196.990) and by the U.S. Army Corps of Engineers(COE)through Section 404 of the Clean Water Act. The primary source document for wetland delineations within Oregon is the Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1 (Environmental Laboratory 1987)which is recognized by both DSL and COE. 2.2 Waters of the State and Wetland Definition Waters of the state are defined as"natural waterways including all tidal and nontidal bays, intermittent streams, constantly flowing streams, lakes,wetlands and other bodies of water in this state, navigable and nonnavigable...". "Natural waterways" is further defined as waterways created naturally by geological and hydrological processes, waterways that would be natural but for human-caused disturbances (e.g. channelized or culverted streams, impounded waters, partially drained wetlands or ponds created in wetlands)..."(DSL, 1995). A wetland is defined as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions" (DSL, 1995). 2.3 Wetland Criteria Based on the above definition, three major factors characterize a wetland: hydrology, substrate, and biota. Of the three factors, hydrology is the most important,as the other two factors cannot develop in the absence of the specific hydrologic conditions. Pacific Habitat Services, Inc. - 1 - I PHS ...Ailrf a Pacific Habitat Services,Inc. ,.•06- eic. \ • ' ,,_.•L.._-_A_./ it, v ... -1 *, ,.>----- 0111,- -. ' -5r44.--7 l'. .1 .4 xr , (..■,..„.. re . 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Location and general topography of the proposed industrial development site on SW 74th Avenue in Tigard, Oregon(USGS 7.5 minute quadrangles, Lake Oswego, and Beaverton, Oregon, 1961, photorevised 1984). 2.3.1 Wetland Hydrology Wetland hydrology is related to duration of saturation, frequency of saturation, and critical depth of saturation. The 1987 manual defines wetland hydrology as inundation or saturation within a major portion of the root zone(usually above 12 inches), typically for at least 12.5% of the growing season. The wetland hydrology criterion can be met, however, if saturation within the major portion of the root zone is present for only 5%of the growing season, depending on other evidence. The growing season is defined as the portion of the year when soil temperatures at 19.7 inches below the soil surface are higher than biological zero(41 degrees Fahrenheit, 5 degrees Celsius), but also allows approximation from frost free days, based on air temperature. The growing season for any given site or location is determined from U.S. Soil Conservation Service (SCS)data and information. Wetland hydrologic indicators include the following: visual observation of inundation or saturation, watermarks, drift lines, sediment deposits, drainage pattern, and/or oxidized rhizospheres with living roots. Oxidized rhizospheres are defined as yellowish-red zones around the roots and rhizomes of some plants which grow in frequently saturated soils. 2.3.2 Wetland Substrate (Soils) Most wetlands are characterized by hydric soils. Hydric soils are those that are ponded, flooded, or saturated for long enough during the growing season to develop anaerobic conditions. Periodic saturation of soils causes alternation of reduced and oxidized conditions which leads to the formation of redoximorphic features (gleying and mottling). Mineral hydric soils will be either gleyed or will have bright mottles and/or low matrix chroma. The redoximorphic feature known as gley is a result of greatly reduced soil conditions which result in a characteristic grayish, bluish or greenish soil color. The term mottling is used to describe areas of contrasting color within a soil matrix. The soil matrix is the portion of the soil layer that has the predominant color. Soils which have brightly colored mottles and a low matrix chroma are indicative of a fluctuating water table. Hydric soil indicators include: organic content of greater than 50%by volume, sulfidic material or"rotten egg"odor, and/or presence of redoximorphic features and dark soil matrix, as determined by the use of a Munsell Soil Color Chart. This chart establishes the chroma, value and hue of soils based on comparison with color chips. Mineral hydric soils usually have a matrix chroma of 2 or less in mottled soils, or a matrix chroma of 1 or less in unmottled soils. Pacific Habitat Services, Inc. -2 - 2.3.3 Wetland Biota(Vegetation) Wetland biota is defined as hydrophytic vegetation. A hydrophyte is a plant species that is capable of growing in substrates that are periodically deficient in oxygen as a result of saturated soil conditions. The U.S. Fish and Wildlife Service, in the National List of Plant Species that Occur in Wetlands, has established five basic groups of vegetation based on their frequency of occurrence in wetlands. These categories, referred to as the "wetland indicator status", are as follows: obligate wetland plants(OBL), facultative wetland(FACW), facultative (FAC), facultative upland (FACU), and obligate upland(UPL). Indicator Code Status OBL Obligate wetland. Estimated to occur almost exclusively in wetlands(>99%) FACW Facultative wetland. Estimated to occur 67-99% of the time in wetlands. FAC Facultative. Occur equally in wetlands and non-wetlands(34-66%). FACU Facultative upland. Usually occur in non-wetlands (67-99%). UPL Obligate upland. Estimated to occur almost exclusively in non-wetlands (>99%). If a species is not assigned to one of the four groups described above it is assumed to be obligate upland. NI Has not yet received a wetland indicator status, but is probably not obligate upland. 3.0 PROJECT METHODOLOGY 3.1 Off-Site Research Prior to beginning field work, available information was reviewed in order to ascertain where potential wetland/waters of the state may exist on-site, and to facilitate the gathering of data. This review included the U.S.G.S. topographic quadrangle, the Soil Conservation Service soil series maps,the list of Oregon hydric soils by County,and the U.S. Fish and Wildlife Service(USFWS)National Wetlands Inventory(NWI)map for the site. 3.2 Wetland Delineation Field Methodology Observations of hydrology, soils, and vegetation, were made using the "Routine On-site" delineation method as defined in the 1987 manual. One-foot diameter soil pits were excavated to a depth of 18 inches in selected locations. The soil profiles were examined for hydric soil and wetland hydrology field indicators. Pacific Habitat Services, Inc. -3- In addition, a visual percent-cover estimate of the dominant species of the plant community was performed using soil pit locations as a center of reference. Dominant plant species are based on estimates of percent cover for herbaceous, woody vine, and shrub species within a 5 foot radius of the sample point, and basal area cover for tree species within a 30 foot radius of the sample point. Plant species in each vegetative layer which are estimated at less than 20% are not considered to be dominant. The wetland indicator status is then used to determine if there is an overall dominance (greater than 50%) of wetland or upland plant species. Data documenting the three criteria for the representative sample locations are recorded in the field. This information is subsequently transferred to standard wetland delineation data sheets, which are included in Appendix A. In addition to the sample points, numerous other soil pits were excavated between the data points to verify changes in the three criteria. 4.0 WETLAND CRITERIA DISCUSSION 4.1 Topography On the site there are two distinct areas separated by a steep fill bank. The western portion of the site is located within the Fanno Creek floodplain. The creek flows in the bottom of a channel which is steep-sided on its eastern bank, but has a relatively flat floodplain offsite to the west. The eastern portion of the site is an undeveloped open field. Site elevations range between approximately 130 feet National Geodetic Vertical Datum (NGVD), within the Fanno Creek floodplain, to approximately 140 feet NGVD near the eastern property boundary along S.W. 74th Avenue. 4.2 Hydrology Site hydrology is dominated by Fanno Creek, a perennial tributary of the Tualatin River, that crosses the property from north to south and forms the western study area boundary. Fanno Creek flows approximately 20 to 30 feet wide along the western study area boundary, with a steep break in slope on its eastern bank at the southern end of the site. The stream's influence is limited to overbank flooding of the adjacent floodplain terraces. Fanno Creek joins the Tualatin River approximately one mile to the south of the site. In addition to surface flows from Fanno Creek, groundwater and surface runoff from the upper elevations downslope toward the creek is likely during wet periods. The hydrology criterion for jurisdictional wetland was satisfied within the Fanno Creek floodplain by the presence of saturated soils, evidence of ponding, shallow water tables, wetland drainage patterns, water marks and drift lines, and active redoximorphic features. Pacific Habitat Services, Inc. -4 - 4.3 Soils The U.S. Department of Agriculture, Soil Conservation Service(SCS)has mapped the soils on the project site as Quatama loam, 0-3% slopes (map unit 37A). This soil is not listed as hydric by the SCS (Figure 2). Quatama loam is a deep, moderately well-drained soil that formed in stratified glacio- lacustrine deposits on terraces. In a typical profile, the surface layer is dark brown loam about 8 inches thick. The upper 10 inches of subsoil is dark yellowish brown loam, and the lower 20 inches is dark yellowish brown clay loam. The substratum is dark yellowish brown loam to a depth of 60 inches or more. Permeability is moderately slow. This soil is classified as a fine-loamy, mixed, mesic Aquultic Haploxeralf Soils sampled on the site consisted of silt loam fill material in the eastern portion of the site and silt loam in the Fanno Creek floodplain. Soil colors ranged from dark gray(10YR 4/1), and dark grayish brown(10YR 3/2)with mottles in the floodplain area,to brown(10YR 4/3) and dark brown(10YR 3/3) in the eastern portion of the site. 4.4 Vegetation The eastern portion of the site is dominated by forb and grass species such as tall fescue (Festuca arundinacea, FAC-), thistle (Cirsium arvense, FACU+), English hawthorn (Crataegus monogyna, FACU+), Kentucky bluegrass(Poa pratensis, FAC), colonial bentgrass (Agrostis tenuis, FAC),oxeye daisy (Chrysanthemum leucanthemum, UPL) and common velvet grass (Holcus lanatus, FAC). A dense thicket of Himalayan blackberry (Rubus discolor, FACU) is present on the slope above the creek floodplain. One large Douglas fir(Psuedotsuga menziesii; FACU) and one big leaf maple (Acer macrophyllum; FACU) are present at the top of the slope. Fanno Creek consists mostly of open water,with a narrow band of vegetation on the eastern bank below a steep topographic break dominated by a thicket of Himalayan blackberry. The flat floodplain area is dominated by bird's-foot trefoil (Lotus corniculatus, FAC), hooked buttercup (Ranunculus uncinatus, FAC-), creeping buttercup (Ranunculus repens, FACW), common velvet grass, and Kentucky bluegrass. 5.0 WETLAND AND WATERS OF THE STATE DISCUSSION & CONCLUSIONS 5.1 National Wetlands Inventory The U.S. Fish and Wildlife Service, as part of the National Wetlands Inventory(NWI) program, has mapped palustrine forested(broadleaved deciduous), saturated, semipermanent, seasonal (PFO1 Y) wetland within the Fanno Creek drainage(Figure 3). 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C t, { ?``r fit'•.! •6' ..••!-EJ'Y S 1t. �� `,'- �1i1: A.- F� ,. i>!�• •f`ty.• .' , r• w,•1•E;.14` No_•' fir 1 - • w-: r-,� •. r� �/ 4,""«.1;,,i} .7`�` 1rt1' 15�r;• r••'+F♦.! �w_-•i �4 / T' /*..Std .'v.■•' / } ^�.�Y �p�t,,l - Qi�f �['�r4 IQ1ti. rI ' yra it 1 .� 'y �'/�; �.. =i( ..f " .-Lr-•Vc-t.- a6.Vu' , alt y� r •,:. �}/- � .',A r'r f -� • "r.a � w.5�•` � +a'' 1• A 1 .yin .r -. TO E�kS •• r 7 6 .a 4 � T i. ttl (�' ' at..i_.__ w�� . L•.' . .. , 11 lekTifi.j.j1L., Fier. 1 ... 7-1401 8/19/97 Figure 2. Soil series for the proposed industrial development site on SW 74th Ave. in Tigard, Oregon (U.S.D.A., S.C.S., Washington County, 1981). PHS Pacific Habitat Services,Inc. ,_„ _,,- , 1...A -* ..44es,,,14‘.,,. t., ‘,c", " )-'''' ifitbt!" -4'3 .. _ . 7, _ -‘0.---_,...___, . . ', \. e \ / q 1 c , * -z,,,pw , , , ;,..(.1--....," 'I..,f ' - v % r -� ' ia: v. , bd , �. 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' t• �� - �r _ . �•• .) 1 I, .t;� � •,�cY a — '-',-!"--s .'..w^` _ - . 1.. :q„ MO ; 1 ;,4 rs: # ▪ t ..'e _ � rte,, • �� ,i",`1 , .; r s 1 3` 1 III - _ •:��„ - --■}�• t 1i,'A 1.•, • iis., ��III >' `,CI ara i � �-%r :�� '� ..., ' �hsc /r. /"tom i . , / ,•r i i '"''; •-,,,6, •+ k,......, Ori - ....----1 • 'Ii ••' Viii%,,,i, "--.--- • A,/"....,-wis, .4- . ,,,/ —,,',4,74,---- -,1"-.-rz7--'-''...--..... .,TS-01.. - -,::,,, ; 1::, 1.V/� n� •awl. .sn `J•�0.� ` �� Gravet▪ ;:j.tiil�1 Its; /• (J es .y I��74Ve�'; —' ,.ham r s��.4.1- s V^i�I:• .+� . ���i„ I P�t1 ; ;Z,I c �, L 1".� �_="�"�sa+.�'°?�j.�j� � • �'� - 1' �- '`•�,/, r' .'�- ! ▪ _ /';c'7'1� '_. `' 5a•`'1/ tt�`.1+""+'��,er.9YI—�1 "f •1•h� �� � 9 'i•` z ` R, tit • , qq 1....-- . ./.r, 14' GrPi•41 7l ' �'� - 3-.. ..fit i.• .'t. ' ' I ..,...,r. ..,... , ,,,-.. ., ,..„ - i._,.:..„ _ i.... ,./.... �: �� 0'4 ., ry a .`p>, f:. t ._, .-.�butt Mdell ,S .h e7 t �, c y n*.- ...:: pr_ , , __..T U AT, FF L 7.J 1 th• h. 3. r- '•', QA / TRYoOL 8 1 Ik,�--_1'< f R .'i � ;ad d �,. sj --___` I •.•r •\ `1�.+�.. ` ,0•4/LM - .ys , a to .' =aClFlC# y� �; f }'fir 7 f /N.. z ,` 1T ,.. >•.:;4144i,• .. i■t}'\ 1 . -4-4,47.4,,..-.. _• . ..-:e ,:Yc .° -.', _ '_ 8/19/97 7-1401 Figure 3. National Wetland Inventory map of the proposed industrial development site on SW 74th Avenue, in Tigard, Oregon (USFWS, 1981, Lake Oswego, Beaverton, Oregon). The NWI mapping is not consistent with observations made by PHS on the site. Within the study area, the wetland associated with Fanno Creek is not forested, but palustrine emergent (PEM). 5.2 Wetlands and Waters of the State Conclusions Based on an investigation of the three required wetland criteria(wetland hydrology, hydric soils, and a dominance of hydrophytic vegetation), PHS has identified potentially jurisdictional wetland and waters of the state, totaling approximately 0.28 acres, or 12,369 square feet, within the study area. All of the wetland is associated with the Fanno Creek floodplain. Fanno Creek would be considered waters of the state, and as such is regulated by DSL and the COE. The wetland continues offsite to the west. However, the floodplain west of Fanno Creek was not included in the study area for this project. Figure 4 shows the locations of potentially jurisdictional wetland, and sample sites on the property. This delineation does not become jurisdictional until DSL and COE review and approve our assessment. Pacific Habitat Services, Inc. -6- I PI IS f'' Pacific Habitat Services, Inc. /t— FLO:10 PLAIN 1 ELEV. r L4 S N 8931.48- E 352.00' � �-z / /,, ssnrq awtrr 84.09'' 11' 1 ' . 53 •; r w ,i — \ ' - — ,- , 3 ' f � - II I 1 . 7--- -� o • M. irk ' . \N/ . Eli 1 I J ,. 1 -------N 8931'48-E ----- --J•'4 rotii • utv.- -' ' '\' !'',•r zot �. '•41 \ (. —_ ' -j % •.•i ':• .• •..S ...-:\ \ '\ 1 is -� •,•,•, ,� '7TT+`s` \� \ ..• S 04'31.24' .�\. \�•\\ \ 1, 1- • J dr /* ,\ r• .� r 1 1 V " J*� I'. 1 �!q ,.\ .., \ • • II /-----,.._, -1 -' k 1 \ 4.- . ...ovd�I.:%, d /�1` ,.ems ^� I iiik -- . .. 7 4/ l',.,69 ... - - 3 �: j k" ; SCALE: 1'.100 �\ \VI I, LEGEND \ `. . \o 2• Sample Point / - - Study Area Boundary , r; I Potentially Jurisdictional f, -'J Wetlands/Waters of the State C ' i f 9/15/97 7-1401 Figure 4. Potentially jurisdictional wetland/Waters of the State and sample points on the proposed industrial development site on SW 74th Ave. in Tigard, Oregon (base map supplied by CIDA, 1997). 6.0 REFERENCES Munsell Color, 1988. Munsell Soil Color Charts. Kollmorgen Corporation, Baltimore, Maryland. Oregon Division of State Lands. September 1995. Removal-Fill Law (ORS 196.800-196.990) and Removal and Filling in Scenic Waterways (ORS 390.805-390.925) Reed, Porter B., Jr., 1988. National List of Plant Species That Occur in Wetlands: Northwest (Region 9). Prepared by the U.S. Fish and Wildlife Service, St. Petersburg, FL. NERC- 88/18.37. U.S. Army Corps of Engineers, Environmental Laboratory, 1987. Corps of Engineers Wetland Delineation Manual. Technical Report Y-87-1. U.S.D.A., Soil Conservation Service, 1982. Soil Survey of Washington County, Oregon. U.S.D.A., Soil Conservation Service., 1989. Oregon Hydric Soils by Counties. US Fish and Wildlife Service.National Wetlands Inventory map, Lake Oswego, Oregon quadrangle. 1:58,000 color infrared aerial photography, August, 1981. US Fish and Wildlife Service. National Wetlands Inventory map, Beaverton, Oregon quadrangle. 1:58,000 color infrared aerial photography, 1981. U.S. Geologic Survey 7.5 Minute topographic map., Beaverton, Oregon quadrangle. 1961, photorevised 1984. U.S. Geologic Survey 7.5 Minute topographic map., Lake Oswego, Oregon quadrangle. 1961, photorevised 1984. Pacific Habitat Services,Inc. -7- Appendix A Wetland Determination Data Forms PHS Wetland Determination Data Form Routine Onsite Method Pacific Habitat Services, Inc. Applicant: Pacific Land Management Project: SW 74th, Tigard 'Number: 7-1401 11 County: Washington Township: 2S Range: 1W Section: 12 I Date: June 7, 1997 Investigator(s): JVS/PF' Sample Site: 1 I HYDROLOGY Inundated (Yes/No): No Water marks: Depth of inundation: Inches Drift lines: Depth to free water: 6 Inches Drainage patterns: Depth to saturation: 0 Inches Oxidized rhizospheres: Yes Other: Sediment deposits: I I SOILS Mapped Series: Quatama loam, 0-3% slopes On Hydric Soils list?: No Classification: Aquultic Haploxeralf Drainage Class: Moderately well drained I Depth Master Matrix Soil Redox Concentrations Other Hydric Soil Comm- (Inches) Horizon Color Texture* Color abundance/size/contrast Field Indicators ents I 0-6 A 10YR 4/1 SL 6-18 B 10YR 4/1 SL 10YR 4/6 common, distinct, medium I I*SD=Sand, SDL=Sandy Loam,L=Loam,SDCL=Sandy Clay Loam,S=Silt,SL=Silt Loam,SCL=Silty Clay Loam,CL=Clay Loam,C=CIay I 'Criteria"Met: Yes VEGETATION Tree Stratum (0% ) Status % Cover Herbaceous Stratum ( 100% ) Status % Cover Lotus corniculatus* FAC 30 Ranunculus uncinatus* FAC- 20 Holcus lanatus* FAC 30 Poa pratensis* FAC 20 Shrub Stratum (0% ) Status % Cover Woody Vine Stratum (0% ) Status % Cover I Percent of dominant species FAC, FACW, or OBL*: 75% Criteria Met: Yes '` Comments: 'Determination: Wetland I Wetland Determination Data Form A Routine Onsite Method Pacific Habitat Services, Inc. Applicant: Pacific Land Management Project: SW 74th, Tigard Number: 7-1401 County: Washington Township: 2S Range: 1W Section: 12 Date: June 7, 1997 Investigator(s): JVS/PF Sample Site: 2 I HYDROLOGY Inundated (Yes/No): No Water marks: Depth of inundation: Inches Drift lines: Depth to free water: >18 Inches Drainage patterns: Depth to saturation: >18 Inches Oxidized rhizospheres: Other: Sediment deposits: II 'Criteria Met: No y" SOILS Mapped Series: Quatama loam, 0-3% slopes On Hydric Soils list?: No Classification: Aquultic Haploxeralf Drainage Class: Moderately well drained Depth Master Matrix Soil Redox Concentrations Other Hydric Soil Comm- (Inches) Horizon Color Texture* Color abundance/size/contrast Field Indicators ents 0-16 A 10YR 3/3 SL *SD=Sand, SDL=Sandy Loam,L=Loam,SDCL=Sandy Clay Loam,S=Silt,SL=Silt Loam, SCL=Silty Clay Loam,CL=Clay Loam,C KCriteria'Met No VEGETATION Tree Stratum ( 0% ) Status % Cover Herbaceous Stratum (30% ) Status % Cover Festuca arundinacea* FAC- 70 Cirsium arvense* FACU+ 20 Vicia sp. UPL 10 Il Shrub Stratum ( 10% ) Status % Cover Crataegus monogyna* FACU+ 100 II Woody Vine Stratum ( 60% ) Status % Cover Rubus discolor* FACU 90 Rubus laciniatus FACU+ 10 I Percent of dominant species FAC, FACW, or OBL*: 0% 'Criteria Met: Na, Comments: II 'Determination: Upland :AjLsosPI-I Wetland Determination Data Form Routine Onsite Method Pacific Habitat Services, Inc. Applicant: Pacific Land Management Project: SW 74th, Tigard 'Number: 7-1401 II County: Washington Township: 2S Range: 1W Section: 12 Date: June 7, 1997 Investigator(s): JVS/PFI Sample Site: 3 II HYDROLOGY Inundated (Yes/No): No Water marks: Yes Depth of inundation: Inches Drift lines: II Depth to free water: >18 Inches Drainage patterns: Yes Depth to saturation: >18 Inches Oxidized rhizospheres: Yes Other: Sediment deposits: II rhea:Met :::::: ..:_:: ; : ::<:: :::: II SOILS Mapped Series: Quatama loam, 0-3% slopes On Hydric Soils list?: No Classification: Aquultic Haploxeralf Drainage Class: Moderately well drained II Depth Master Matrix Soil Redox Concentrations Other Hydric Soil Comm- (Inches) Horizon Color Texture* Color abundance/size/contrast Field Indicators ents II 0-6 A 10YR 3/2 SL 6-16 A 10YR 3/2 SL 7.5YR 3/4 common, prominent, coarse II *SD=Sand, SDL=Sandy Loam,L=Loam,SDCL=Sandy Clay Loam,S=Silt,SL=Silt Loam,SCL=Silty Clay Loam,CL=Clay Loam,C=Clay igailagNMEMEMEINIE • VEGETATION II Tree Stratum ( 0% ) Status % Cover Herbaceous Stratum ( 100% ) Status % Cover Festuca arundinacea FAC- 10 II Ranunculus repens* FACW 60 Poa pratensis* FAC 20 Holcus lanatus FAC 10 II Shrub Stratum ( 0% ) Status % Cover II Woody Vine Stratum ( 0% ) Status % Cover II Percent of dominantspecies FAC, FACW, or OBL*: 100% leatOOMMEMEMINOCE Comments: II 10iiiiiiliiiiiiiiiiillilliEllP0.00 AUG 21 'SS O3:32RM VLMK ENGINEERS p 2/2 I�i 4xrtl�i _/ 'M`•aiaE4 d� 1 !Ili•A�° �i1^.°""�[LL-'`9i Pid.I� !A di�jY dyr91 v�Pi >r: d A t i N Iii off;i .,- 1�5; pg a te; :�l�g 11111 �$A iv° i ; ti�, 4 ii(i S�7 f } ° Ci oi� Af {3 ? .. 4p JAn c . •8 § E�i 6 6i iI., 7l7 '�A 1 C f ii 6• ndI s� .iy.:k_r?1 �iA�"2t Id��'��/� d��14 a�IA{ %,i' sP o! r�° A a as:d+�, � 3�as��, � AE� Sy' �� ��� ���sss M s �dr��i.'r���v�%j� �°V,�j ibb`Si 1; s C. S: r :! iir WI; gad ae oin Oq° ,r 0 1 Ail'; I tis r _ I - • NI/' s i j � 4/ =won sr roux R gran 11ac st. �,¢�— "r i . . i f-c' .yt:_F.r. .:•4 dr• r_ '_'_:�_. a--- 4 G•}-_ lty i•a"1 a• ,• ,[i • `a ?e•.3 �. - it i 11 :1: _t:• r �/ �• LItEfA:L• r+'ALf N' x1 �:�,a;..3 - 1� =1t7t_: Y J�_'� i,•—;r, �'I ctiS% i • DATE: RECORD OF: - PHONE CALL(IN) PACIFIC TIME: PHONE CALL(OUT) I AND MANAGEMENT BY: MEETING LOC: SITE VISIT PROJECT: (10J t4:10r ,5 (tz�,L PAGE: OF: PARTICIPANTS: SUBJECT: DPW_ CAA-0'J fr.-42M" 694/tAltUU 177 61Kirr----re-r--K- 1- ,e/z/TA NOTES: `? -J lkj T.6141 & / (r P 15W J' l4kQ' 0-cumbr ig30 ,-i-- :J 6-214 - f PROJECT MEETING MINUTES Date: August 21, 1998 To: File From: Dan Maloney Re: Neighborhood Meeting for Creekview Business Park Sensitive Lands Permit Application August 21, 1998 @ City of Tigard Meeting Room • Neighborhood Attendees:John Butruille and Fritz Kramer of the Tualatin river Keepers. • The project was explained in detail to the satisfaction of Messrs. Butruille and Kramer. They favor the installation of the bendway weirs in Fanno Creek. • AFFIDAVIT OF POSTING NOTICE WITHIN SEVEN(7) CALENDAR DAYS OF THE SIGN POSTING,RETURN THIS AFFIDAVIT TO: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard,OR 97223 I, IIat- . , do affirm that I am (represent) the party initiating interest in a proposed i?t.►.v • c% affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) , and did on the 7 day of. IAC,Ya(YJr 1942, personally post notice indicating that the site may be proposed for a x'i')7VE.. L.46.440 application, and the time, date and place of a neighborhood meeting to discuss the proposal. Tie sign was posted at �lJG.410■ A4 ` - • l ttIJL„ r /LC/. - f- ô - s — "d 71—1 at. - (state location y1• posted notice on property) ignature (In the presen of a Notary P a lic) 4/ (THIS SECTION FOR A STATE OF OREGON,NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and swom/affirmed before me on the (D day of , 19 98 OFFICIAL SEAL ) 497d�� NO AARY 1,KAY Of BASH 06(4 MY COMMISSION EXPIRES MAY 31022002 NOTARY PUBLIC/6F OREGON My Commission Expires: - 3/- O z (Applicant, please complete information below for proper placement with proposed project) r-NAME OF PROJECT OR PROPOSED NA1 : Jr .��i !� I TYPE OF PROPOSED DEVE PMENT: Name of Applicant/Owner I Address .r Gener ation of Subject Property: ANN" ( ►.! La re& : --£a 1. ��_✓ L.►�� I y : Trf `Subject Property Tax Map(s)and Lot#(s): A!Ta 1LJ 41P_ -.!r n:Vog intpattyvnutanlattpos1mst 900 Cj CDIV9I,L HO A,LI3 0961 96S co S XVd Z£:9T GSM 96/S0/90 AFFIDAVIT OF MAILING STATE OF OREGON ) )ss. City of Tigard ) I, PAN l Ca../ c..ocu , being duly sworn, depose and say that on , 197, 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) 14- 7l/ Av aL�?C 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. /2— ■/1111Li44111"- Signature .. (In the presen.e of a Nota, lic) (THIS SECTION FOR A STATE Of OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and sworn/affirmed before me on the day of } , 19 � . OFFICIAL SEAL 1 Ey SANDRA KAY D08ASH `w+; NOTARY PUBLIC OREGON (( � COMMISSION N0,313027 MY COMMISSION EXPIRES MAY 31,2002 6 NOTARY PUBLIC 6F OREGON My Commission Expires: S— i— oz (Applicant,please complete information below for proper placement with proposed project) i NAME OF PROJECT OR PROPOSED NAME: TYPE OF PROPOSED DE LOPMENT: I'rN\L®_ (,�L Name of Applicant Owner: /L FLG I21C. Address or General Location of Subject Property: L � I�ORx7-f E�J [Subject Property Tax Map(s)and Lot h:Vag,n1paay1masters aRmad.mst 6002 UNVDI.L d0 £LID 096T 86S EOS XVd T£ :9T QOM 86/S0/80 PACIFIC iliA,,, RLAI TY VENTURES, LLC ' PACIFIC SANTA Fl CORPORATION,SOU MANAOQ August 5, 1998 To: Property Owners East C.I.T. Representatives US Army Corps of Engineers Oregon Department of Fish and Wildlife Friends of Fanno Creek Tualatin River Keepers RE: 74th Avenue Project Dear Interested Party: Pacific Realty Ventures is the Owner/Developer of property located on the west side of 74th Ave. (immediately north of the JADCO property), described as tax lot 1400 on map 251-12DC. We are considering a Sensitive Lands Review application at this location for the construction of Bendway Weirs in Fanno Creek to prevent further erosion of the streambank. Prior to applying to the City of Tigard for the necessary permits, we would like to discuss the project in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: August 20, 1998; 7:00 PM Tigard City Hall Town Hall 13125 SW Hall Blvd. Tigard, Oregon 97223 Please note that this will be an informational meeting on the preliminary plans. These plans may be altered prior to submittal of the application to the City. Please call me at 670-5424 if you have any questions. Sincer 'O . Daniel G. Maloney IA Development Manager Harvey Knauss Donna Bouman John Madelon Havery 14383 SW Mcfarland Blvd 15940 SW 76th Ave 15970 SW 76th Ave ,igard OR 97224 Tigard OR 97224 Tigard OR 97224 Ernest Rose Rivas Jay & Traci Blackwell Gregory & Leslie Branson 16060 SW 76th Ave 15950 SW 76th Ave 15838 SW 76th Ave Tigard OR 97224 Tigard OR 97224 Tigard OR 97224 Lenny & Carol Erdmann George & Debra Howie Rodney & Kana Sanders 15854 SW 76th Ave 15876 SW 76th Ave 15900 SW 76th Ave T; riarr3 nP 47724 Tigard OR 97224 Tigard OR 97224 Rich Akerman B & R INVESTMENTS John Duncan & Lee Janice James Wathey 16255 SW Upper Boones 16055 SW 74th Ave 16075 SW Upper Boones Ferry Rd Tigard OR 97224 Ferry Rd Tigard OR 97224 Tigard OR 97224 Richard Akerman James & Audrey Castile William Pastor James Wathey Erna Esau 15930 SW 74th Ave 16075 SW Upper Boones 8100 SW Durham Rd Tigard OR 97224 Ferry Rd Tigard OR 97224 Tigard OR 97224 PACIFIC REALTY ASSOCIATE CATELLUS DEVELOPMENT COR John Margaret Bowles 15350 SW Sequoia Pkwy PROPERTY TAX DEPARTM 8986 SW Arapaho Dr #300wm 201 Mission St Tualatin OR 97062 Portland OR 97224 San Francisco CA 94105 TIGARD CITY OF 13125 SW Hall Blvd Tigard OR 97223 Jan Stuart Jim Grimes Pacific Habitat Services, Inc. U.S. Army Corps of Engineers Oregon Dept. of Fish & Wildlife 9450 SW Commerce Circle CENWP-CO-G 18330 NW Sauvie Island Road Suite 180 P.O. Box 2946 Portland, Oregon 97231 Wilsonville, Oregon 97070 Portland, Oregon 97208-2946 Craig Hopkins Mark F. Mahon Pat Wyden 7430 SW Varns Street 11310 SW 915` Court 8122 SW Spruce Street jard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 Sue Rorman Dan Haggerty Tualatin River Keepers 11250 SW 82" Avenue Friends of Fenno Creek 16340 SW Beefbend Road Tigard, Oregon 97223 0/0 David Evans and Associates Sherwood, Oregon 97140 2828 SW Corbett Ave Portland, Oregon 97201 08/;24/98 NON 11:33 FAX 503 670 9400 PAC SANTA FE Cor I1 001 Encumbrances,i continued 2. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high water mark of Fenno Creek. 3. An easement created by instrument, including terms and provisions thereof; Dated: January/ 20, 1972 Recorded: February 8, 1972 Book: 853 Page: 431 , 7n Favor Of: Unified Sewerage Agency of Washington County For: Sewer Affects: A strip of land 30 feet in width acros the most Westerly portion of the subject property 4. An easement created by instrument, including terms and provisions thereof; Dared: August 18, 1977 Recorded: Septen er 8, 1977 Book: 1198 Page: 297 In Favor Of: Unified Sewerage Agency of Washington County For: Sewer Affects: A strip of land 20 feet in width across the subject property nr •N� ► Post-it"Fax Note 7671 i r' rid` To I Air - _ F • #_..1 0o./Dept. 'Go' / Phone 0 Ph Fax n it Fax /4i; 3 08(24/98 NON 11:34 FAX 503 670 9400 PAC SANTA FE Cor 1j002 Order No: 163646 LEGAL DESCRIPTION That portion of Lots 3 and 4, and all of Lots 1 and 2, FANNO CREEK ACRE TRACTS, in the City of Tigard, County of Washington and State of Oregon, described as follows: Commencing at the one quarter corner common to Section 12 and 13, Township 2 South, Range ]. West of the Willamette Meridian; ".:hence North 0°05'20" East 196.5 feet to the most Westerly Southwest corner. of Lot 2 of the duly recorded plat of FANNO CREEK ACRE TRACTS located in Washington County, Oregon, the true point of beginning; thence North 0°05'20° East to the Northwest corner of Lot 2, FANNO CREEK ACRE TRACTS; thence East along the North line of Said Lot 2, a distance of 201.05 feet to a point; thence North 0°05' 20" East 230.88 feet, said point being 61.62 feet South of the North line of Lot 4, FANNO CREEK ACRE TRACTS; thence North a9°49'20" East parallel with the North line of Lot 4 to the westerly right of way line of SP & S Railroad; thence Southerly along the Westerly right of way line of the SP & S Railroad to the most Southerly corner of Lot 1 in the aforementioned FANNO CREEK ACRE TRACTS; thence North 12° West 106 .26 feet along the lot line of Lot 1 of the aforementioned FANNO CREEK ACRE TRACTS to a 5/8 inch iron rod with yellow cap scribed "DeHaas & Assoc. Inc."; thence continuing along said lot line North 54°05' East 49.5 feet to a 5/8 inch iron rod with yellow cap scribed "Defiaas & Assoc. Inc. "; thence North 58°15" West 510 feet to a 5/8 inch iron rod eyebolt; thence South 26° West 93.25 feet to the true point off beginning. EXCEPTING THEREFROM that tract conveyed to John Arthur Duncan, et ux, by deed recorded September 9, 1987, Recorder's Fee No. 87046114, Washington. County Deed Record:;. ALSO EXCEPTING THEREFROM that portion lying within SW 74th Avenue. TA FE Cor I1003 PAC SAN . 08,/24/98 MON 11:34 FAX 503 670 9400 E OF OREGON 1 SS AFTER RECORDING RETURN TO: County of Washington / > Pacific Santa Fe Corporation 1,Jerry q, Hanson,,Director of Assess- )c; ment and Taxation.. nd Ex-Officio County Clerk for said county,.do hereby certify that 17700 SW Upper Ferry .r Boones Fer Rd #100 the within instrument of writing was received and recorded in book of records of said Wa1and, OR 97 24— 010 county. Until a change is requested all tax statements shall he sent to the following address: Jerrx''R:'Hanson,,•Director of '.Assessment and Taxation,Ex- Same as above Officiv.4ounty Clerk • Escrow No. 50000-7355-JY Doc : 97121827 Order No. 163646 Rect: 200424 558. 00 12/31/1997 08: 50: 46am WARRANTY DEED - STATUTORY FORM (INDIVIDUAL, or CORPORATION) RONALD D. CLARK and SHARON CLARK Grantor, conveys and warrants to PACIFIC ;:SANTA FE CORPORATION, an Oregon corporation Grantee, the following described real property free of encumbrances except as :,pecifi.caily set forth herein: PLEASE SEE ATTACHED (Continued) This instrument will not allow use of the property described in this instrument in violation of applicable land use laws and regulations. Before signing or accepting this instrument, the person acquiring fee title to the property should check with the appropriate city or county planning department to verify approved uses and to determine any limits on lawsuits against farming or forest practices as defined in ORS 30.930. ENCUMBRANCES: 1 . The premises herein described are within and subject to the statutory powers including the power of assessment of the Unified Sewerage Agency. (Continued) • WASHlwC•i ti Co-.; Aii'.7Vrli'rr r;;.:016 41:k FAX • The true consideration for this conveyance is $515,000.00 Fez Pt.ID faAi'f Dated December 29, 1997 ; if a corporate grantor, it has caused its name to bc signed by order of its board of directors. 914-4 Ronald D. Clark Sharon Clark STATE OF OREGON, County of This instrument was acknowledge b Vefore m . on 1 9 9 1- , by Ronald D.. Clark and Sharon Thif.i insLrurnent: was acknowledged before me on cectiaabr.c....._,a_9A. _. , I.A4 --:.1.-:. •- -)y_Royftftlict-1/4- , 'C:86x,f1a07-. -ar-.8A4C---- - '7's - ._—._._ --- . __. _ --....,----,-.=.-4,-.-.I...-,;-_,_-,---._,--,I._--..----, Co-A/14 4 ._ ,,,.,40. OFFICIAL SEAL F PUBLIC.Y.0OREGON U ---- tary uhi ic F. r Oregon . ) rvt , (ii :C4•1:14141' N 0 TjAr ly commission c:xpirns k 71Lx:24_,raCCD__ (1 Ve./ COMMISSION NO. 059754 i P IG — _ 6 ''' m'Y COMMISSION EXPIRES NOV.26,MOO() t..=--------... .--4--. _-.--z,...—.., V3 i CITY OF TIGARD Community(Development Shaping, (Better Community LANDUSE PROPOSAL DESCRIPTION 120 DAYS = 12/22/98 FILE NO(S): SENSITIVE LANDS REVIEW ISLRI 98-0010 FILE TITLE: FANNO CREEK AT SW 74TH AVENUE INDUSTRIAL PARK APPLICANT(S): Pacific Santa Fe Corporation OWNER(S): Same 17700 SW Upper Boones Ferry Road, Suite 100 Portland, OR 97224 REQUEST: The proposed project is a stream enhancement effort. The intent of the project is to provide streambank stabilization and riparian enhancement through a combination of in-stream structures and riparian plantings. The site has been previously disturbed, with a steep rip-rapped bank on the southern edge of Fanno Creek dominated by Himalayan blackberries. The proposed in-stream boulder structures for Fanno Creek are five (5) stream barbs (bendway weirs) to be installed within the channel of Fanno Creek to reduce bank erosion on the southeast (outside) bank of a meander in the stream. Portions of the bank of Fanno Creek have been eroded by past flood events. LOCATION: West side of SW 74th Avenue; WCTM 2S112DC, Tax Lot 01400. ZONE: Industrial Park District; I-P. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.84 and 18.85. CIT AREA: East CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: DATE COMMENTS DUE: Thursday September 3,1998 STAFF DECISION DATE OF DECISION: K HEARINGS OFFICER DATE OF HEARING: 9/14/98 TIME: 1:00 PM_ PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 PM_ CITY COUNCIL DATE OF HEARING: TIME: 1:30 PM_ COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP K LANDSCAPE PLAN K NARRATIVE K SITE PLAN K TREE PLAN ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY ARBORIST REPORT OTHER STAFF CONTACT: M.J. Roberts, Associate Planner (503) 639-4171 Ext. 315 SLR 98-0010 FANNO CREEK AT SW 74th INDUSTRIAL PARK PROPOSAL/REQUEST FOR COMMENTS PRE - APPLICATION CONFERENCE NOTES 1�* ,aye• ,. �'° ^t ^°t nom" � - `*K�,eF . SAC . :!'t'dsztidil fir. 7 F°fig $, . '4C_r: 6 7 ir:T 't' :e „-� ., ` ;k r ''''''. 0_,Izt • e 1 1 ' ' I` 11 LICAT 0 � Ti 'I a y4_ Oj ES - •4 ;: .- P - J_ .. r� , ,• ":. i! t „RSt. ,i-.v i"" _ .a,, - ',; is �it'.11M.4. v {2-0 . • 7 ` .;1 plicatlon Meeting Notes are, all 1 TotS 1. [6l Months) .. e :.+..ea€:err-•,w- z "`. NON-RESIDENTIAL PRE-APP.MTG.DATE: S i P. STAFF AT PRE-APP.: 1.101... APPLICANT: (c L K) AGENT: p'k-C..-Crc - �ci Phone:[ I 6-10 — t2--64-- Phone: [ I lQ-o--&=:cp PROPERTY LOCATION: ADDRESS/GEN.LOCATION: S 74--7\'‘ \-s us �. O/C TAX MAPESI/LOT#[S): -5 ZS 1 12Dc)C of NECESSARY APPLICATION[S1: Wi=t- (Ar\A S PROPOSAL DESCRIPTION: .ThN ti._ 5k-62 ■ ( :Pte,—.ZS 6\1 - c\rNZ G,'2E K G(s c v cs s k &A( -E -f (Ce cif COMPREHENSIVE PLAN S v im( . MAP DESIGNATION: (--,:c4<r[__T. vs-c2,.4PcL_. ZONING MAP DESIGNATION: - — fL A-X.j ` TergsK CJ.T.AREA G:-byAi∎ FACIUTATOR: ---------7 1 PHONE: [5031 ZONING DI TRICT DIMENSIONAL REQUIREMENTS NIMUM LOT SIZE: sq. ft. Average lot width: ft. Maximum building height: ft. Setbacks: Front ft. Side ft. Re. Comer ft. from street. AXIMUM SITE COVERAGE: Minimum landsc..ed or natural vegetation area: %. [Refer to Code Section 18. 1 ADDI ONAL LOT DIMENSIONAL R 1 1 REMENTS MINIMUM LOT F'0 TAGE: 25 feet unless lot is created thro t the minor land partition process. Lots created . . .art of a partition must have a minimum of 15 feat of frontage or have a minimum 15- s.t wi.- : cess easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 2 TIMES T E AVERAGE WI , unless the parcel is less than 1 times the minimum lot size of the applicable zo '-e . [Refer to Code Section 18.164.060-Lots] CITY OF TIGAR0 Pre-Application Conference Notes Page 10110 MUMaeslOeetlel AelIcatl.UPlaeelap OMsloe Sectlee SPECIAL SETBACKS ➢ STREETS: feet from the centerline of ➢ ESTABLISHED AREAS: feet from LOWER INTENSITY ZONES: feet, along the site's boundary. FLAG LOT: 10-FOOT SIDE YARD SETBACK. [Refer to Code Section and 18.96) SPE F BUILDING HEIGHT PROVISIONS BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: ➢ A maximum building floor . -a to site area ratis (FAR) of 1.5 to 1 will exist; ➢ All actual building setb- s will be at least half •1) of the building's height; and ➢ The structure will s abut a residential zoned d.trict. [Refer to Col • ection 18.98.020) PAR , , l S REQUIRED parking for this type of use: Parking SHOWN on preliminary plan(s): SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): NO MORE THAN 40% of required spaces ay be designated and/or dimensioned as compact spaces. PARKING STALLS shall be dimensioned -s follows: ➢ Standard parking space dimensions: 8 feet, 8 inches x 18 feet. ➢ Compact parking space dimensions: 8 feet x 15 feet. Note: Parking space width in ludes the width of a stripe that separates the parking .pace from an adjoining space. Note: A maximum of three 3)feet of the vehicle overhang area in front of a wheel stop or curb can be included as pa of required parking space depth. This area cannot be included as landscaping for me= ing the minimum percentage requirements. [Refer to Code Section 18.106.020 Handicapped Parking: ➢ All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKIN spaces. The minimum number of disabled person parking spaces to be provided, as well :s the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A andout is available upon request. A handic arcing space symbol shall be painted on the sarking space surface and an appro•r.- - sign shall be posted. ➢ BICYCLE RACKS ARE REQ IRED FOR MULTI-FAMI , OMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle rac' shall be locat areas protected from automobile traffic and in convenient locations. Bicycle par ing spaces shall be provided on the basis of one space for every fifteen (15) required vehicular parking spaces. Minimum number of accesses: Minimum access width: Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: [Refer to Code Section 18.106 and 18.1081 CITY OF TIGARD Pre-AoptIcatIon Conference Notes Page 2 of 11 11611-InIdeea.i Aprac.n•.rn.■.l.i IM Lou SscUss WALKWAY REQUIREMENTS WALKWAYS .:LL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GRO ► : LOOR 'NDING OF STAIRS, ramps, or elevators of all commercial, institutional, and '••ustrial uses, to the .treets which provide the required access and egress. Walkways shall provide convenient connecti• s between buildings in multi-building commercial, institutional, and industrial complexes. Unless mpractical, walkways should be constructed between a new development and neighboring develo,..ments. [Refer to Cole Section 18.108.050) LOADING AREA REQUIREM NTS Every COMM. 'CIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided wit a loading space. The space size and location shall be as approved by the City Engineer. [Be rto Code Section 18.106.070-090) CLEAR VISION AR The Cis requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE AND EIGHT FEET N HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the requir-d clear vision area depends upon the abutting street's functional classification. [Refer to Code Section 18.1021 BUFFERING D SCREENING In •rder TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE O" VISUAL IMPACTS between adjacent developments, especially between different land uses, the C requires landscaped buffer areas along certain site perimeters. Required buffer areas are d-scribed by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous a d evergreen trees and shrubs and must also achieve a balance between vertical and horizontal p antings. Site obscuring screens or fences ma - .: •- -••• :.; these are often advisable even if not required by the Code. The require. •'er areas may only be •ccupied by vegetation, fences, uti 'ties, and walkways. Additio.- nformation on required buffer ar-a materials and sizes may be fauns 'n the DeveloprrieCb—de. [•e • 0-Code Chapter 18.1001 The REQUIRED BUFFER WIDTHS which are applicable to you r proposal area are as follows: feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQU -ED ALONG: LANDSCAPING STREET TREES ARE REQUIRED FOR ALL DEVEL'PMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are m• e than 100 feet in length. Street trees must be placed either within the public right-of-way or on p ivate property within six (6) feet of the right-of- way boundary. Street trees must have a minimum ' aliper of at least two (2) inches when measured four (4) feet above grade. Street trees should •e spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at aturity. Further information on regulations affecting street trees may be obtained from the Planning F,ivision. A MINIMUM OF ONE (1) TREE FOR EVERY .EVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to pr.vide a vegetative canopy effect. Landscaped parking-- areas shall include special design features wh h effectively screen the parking lot areas f •- view. These design features may include the use •f landscaped berms, decorative - s, and raised planters. For detailed information on design requ' ements for parking areas --• accesses. [Refer to Code Chapters 18.100,18.106 and 18.10 CITY OFT1GARD Pre-Agpltcatlon Conference Notes Page 3 of 10 M011 I.sl/.otlol*piIatlo.Rloulau Olvlslos Soctlo. SIGNS SIG PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tiga d. A "Guidelines for Sign ' its" hando 's available upon request. Additional sign area or t beyond Code st.•.-rds may be permitte. if the sign proposal is reviewed - - •- o a dev-lopment revie ••plication. Alternatively, a Sig Code Exception applic. may be filed for rev -w befor- -- Hearings Officer. • er to Code Section 18.114) SENSITIVE LANDS •- ode provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive lands areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.84 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. [Refer to Code Section 18.841 STEEP LOPES When STEEP SLOP . exist, prior to issuan : of a final order, a geotechnical report must be submitted whic .'dresses the approval standar. of the Tigard Community De - •.••-- —se:- -ction t.:,.040.B. The report shall be based up•. field explorati•• - • investigation and shall includ ci is recommendT tions_,for achieving the -quirements of 18.84.040.B.2 and . 4.040.B.3. UNi ED SEWERAGE AGENCY[USA)BUFFER STANDARDS.R S i 96-44 LAND DEVELOPMENT ADJACENT TO SEN . TIVE AREAS shall preserve and maintain or create a -N vegetated corridor for a buffer wide eno = to protect the water quality functioning of the sensitive rea. Design Criteria: The VEGETATED CORRIDOR SHALL BE A MINIMUM OF 25-FEET-WIDE, measured horizontally, from the defined boundaries of the sensitive area, except where approval has been granted by the Agency or City to reduce the width of a portion of the corridor. If approval is granted by the Agency or City to reduce the width of a portion of the vegetated corridor, then the surface water in this area shall be directed to an area of the vegetated corridor that is a minimum of 25 feet wide. The maximum allowable encroachment shall be 15 feet, except as allowed in Section 3.11.4. No more than 25 percent of the length of the vegetated corridor within the development or project site can be less than 25 feet in width. In any case, the average width of the vegetated corridor shall be a minimum of 25 feet. Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as allowed below: A GRAVEL WALKWAY OR BIKE PATH, NOT EXCEEDING 8 FEET IN WIDTH. If the walkway or bike path is paved, then the vegetated corridor must be widened by the width to the path. A paved or gravel walkway or bike path may not be constructed closer than 10 feet from the boundary of the sensitive area, unless approved by the Agency or City. Walkways and bike paths shall be constructed so as to minimize disturbance to existing vegetation; and CITY OFT1GARD Pre-Application Conference Notes page 41111 MIINasNoatlal IaoIlcatlauRlaadal IMsloe Soctlo■ • WATER QUALITY FA. _ITIES may encroach into the veget, corridor a maximum of 10 feet with the approval of the Agency or City. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a ffaany parcel to be used for the construction of a dwelling unit. (Refer-to-114 0 96-44/USA Reg l lions-Chapter 3,Design for SWMI (WATER RESOURCES OVERLAY DISTRICT The WATER RESOURCES ► -) OVERLAY DISTRICT implements the policies of the Tigard --,_Comprehensive Plan a • intended to resolve conflicts between development and conservation of :-' •—- • • - .nds, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear and objective standards to: protect significant wetlands and streams; limit development in designated riparian corridors; maintain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. Safe Harbor: The WR OVERLAY DISTRICT ALSO MEETS THE REQUIREMENTS OF STATEWIDE PLANNING GOAL 5 (Natural Resources) and the "safe harbor" provisions of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. The Tualatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1000 cfs. Major Streams: Streams which are mapped as "FISH-BEARING STREAMS" by the Oregon Department of Forestry and have an average annual flow less than 100• - --t •er second (cfs). ➢ Major streams in Tigard includ- FANNO CR - , ASH CREEK (EXCEPT THE NORTH FORK AND OTHER TRIBUTARY C- 'S) AND BALL CREEK. Minor Streams: Streams which are NOT "FISH-BEARING STREAMS" according to Oregon Department of Forestry maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain short tributaries of the Tualatin River. Riparian Setback Area: This AREA IS MEASURED HORIZONTALLY FROM AND PARALLEL TO MAJOR STREAM OR TUALATIN RIVER TOP-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WETLAND, whichever is greater. The riparian setback is the same as the "riparian corridor boundary" in OAR 660-23- 090(1)(d). > The standard TUALATIN RIVER RIPARIAN SETBACK IS 75 FEET, unless modified in accordance with this chapter. ➢ The MAJOR STREAMS RIPARIAN SETBACK IS 50 FEET, unless modified in accordance with this chapter. • ISOLATED WETLANDS AND MINOR STREAMS (including adjacent wetlands) have no riparian setback; however, a 25-foot "water quality buffer" is required under Unified Sewerage Agency (USA) standards adopted and administered by the City of Tigard. (Refer to Code Section 18.85.010) CITY OF TIGARD Pre-Application Conference Notes Page 5 8t11 NSN-•sldaatlal Mpllcatl•aRlaaala/Mies S•ctle■ Riparian Setback • •ductions The DIRT CTOR MAY APPROVE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR ANY M,.JOR STREAM RIPARIAN SETBACK BY AS MUCH AS 50% to allow the placement of structu es or impervious surfaces otherwise prohibited by this chapter, provided that equal or better prote• ion for identified major stream resources is ensured through streambank restoration and/or enh_ cement of riparian vegetation in preserved portions of the riparian setback area. Eli•ibility for Riparian Setback in Dis lied Areas. To BE ELIGIBLE FOR A RIP' ' AN SETBACK RED TION, the applicant must demonstrate that t e riparian corridor was : •stantially disturbed at the time this regulation was adopted. This '.etermination must •- based on the Vegetation Stu.y required by Section 18.85.050.0 that •emonstrates all • e following: N. '• - plant species currently cover less than 80% •f the on-site riparian corridor area; The tree canopy currently covers less than 50% of the on-site riparian corridor and healthy trees have not been removed from the on-site riparl:n setback area for the last five years; That vegetation was not removed contrary to the p ovisions of Section 18.85.050 regulating removal of native plant species; ➢ That there will be no infringement into the 100-year floodp • • -•• ➢ The average slope of the riparian area is not greater than 20%. tRefertot e I I 18.85.1001 TREE REMOVAL PLAN REQUIREMENTS --' 02-4 ) A TREE PAN FOR T . PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist •- be provided for any lot, parcel or combination of lots or parcels for which a •e - •• en application for a subdivision, major partition, site development review, planned development or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the City; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.150.070.D. according to the following standards: Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.150.070.D; Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.150.070.D; Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; ➢ Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.150.070.D. (Refer to Code Section 18.150.0251 CITY OF TIGARD Pre-Application Conference Notes Page 6 of 10 MOIN•sllI•tld lADellcIUIUrb•OIlI Division Section MITIGATION REPLACEMENT OF A TREE shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. ➢ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: • The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. [Refer to Code Section 18150.010(0) I. •RAMIE The PPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable sproval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. [Refer to Code Section 18.321 CODE SECTIONS ✓ g•3Z _ 18.80 _ 18.92 _ 18.102 _ 18.116 18.150 18.84 _ 18.96 _ 18.106 _ 18.120 18.160 _✓18.85 _ 18.98 _ 18.108 _ 18.130 18.162 18.88 18.100 18.114 18.134 18.164 IMPACT DY s a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal packa•e. The impact study shall quantify the effect of the development on public f. • • •- and services. e study shall address, at a minimum, the transportation : -m, including bikeways, the • .inage system, the parks system, the water syste •, e sewer system and the noise impact- of the development. For each public facil'• system and type of impact, the study shal propose improvements necessa = eet City standards, and to minimize the impact of he development on the pus lc at large, public facilities systems, and affected private prop:rty users. In situations where the Community Development Code requires the dedication o real property interests, the applicant shall either specifically concur with the dedication r-•uirement, or provide evidence which supports the conclusion that the real property dedicati.• requirement is not roughly proportional to the projected impacts of the development. [Refer to Code Chapter 18.32,Section.050) CITY 01I1GARO Pre-Application Conference Notes Page 7 of 10 NON-i•sUsotlal AjpIIwf•aRli•aloo OMsIou SocUoo WHEN A CONDITION OF APPROVAL REQUIRES TRANSFER TO THE PUBLIC OF AN INTEREST IN REAL PROPERTY, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. (Refer to Code Chapter 18.32,Secdon.250) NEIGHBORHOOD MEETING ) THE APPLICA T SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 250 FEET AND THE APPROPRIATE CIT FACILITATOR AND THE MEMBERS OF ANY LAND USE SUECOMMITTEE(S) of their proposal. A minimum of 2 weeks between the mailing date and the _ meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. (Refer to the Neighborhood Meeting Handout) SUBDIVISIO, PLAT NAME RESERVATION P' OR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, a•plicant's are required to complete and file a subdivision plat naming request with the Washington •ounty Surveyor's OI' - - • •: to obtain approvaVreservation for any subdivision name. pplications will -• be accepted a complete until the City receives the faxed confirmation of :pc-. al fr.- the County of the Subdiv .ion Name Reservation. Opt/Surveyors Office: 503-648-;884) '��� — --— /--- ING PERMITS PLANS FO BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW TIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by th ilding Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED.) RECYCLING A•.Iicant should C•► L CT FRANCHISE AULER FOR REVIEW AND APPROVAL OF SITE SE' ■ - : I PATIBILITY with Pride Dis•osal's vehicles. CONTACT PERS f0 Lenny Hing with Pride Disposal at (503) 625-6177. — (Refer to Code Section 18.116) CRY OFTIGARD Pre-Avpucatlon Conference Notes Page Q of 11 NIN-#•sldu.tlaIAnglicatlo./Pla.ola!IMsta.Section ADDITIONAL CONCERNS OR COMMEN1. t e w (3. -ca7 °gyp !ft c6 x.-LiRsizt2eecerl--42f-s7-6). -f- (3 (c kC QC 1 PROCEDURE Administrative Staff Review. ✓ Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other week days. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1), 81h" x 11"_,map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-20 day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard C(-tit CZ JffcA.l, . A basic flow chart which illustrates the review process is available from the Harming Division upon request. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. CITY OF TIGARD Pro-Appgcatfon Conference Notes Page 9 of 11 MOM Retldeetlal�o�IcetleeRluelay�Msln Sectlee PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: Ks 4)EfacitS CITY OF TIGARD PLANNING DIVISION - STAFF PERSON HOLDING PRE-APP.MEETING PHONE (503)639-4171 FAX: (503)684-7297 E-MAIL (staff's first name)@ci.tigard.or.us CU eilalpattll\Muts rslpfupp-emst Iiniluetlp0 Sectlee..asterslprupp-c.0e01 Opdatsit 261lalt-9i CITY OF T16ARD Pro-Application Conference Notes Page 11 N 11 NON-iuideptlal aullcatlea/Plaulag ohAsleo Sectlee Stream barbs for Fanno Creek for SW 74th Industrial Park in Tigard, Oregon PROPOSED PROJECT The project area is located on SW 74th Avenue in the City of Tigard, on the south side of Fanno Creek(Figure 1). The outer bank of Fanno Creek has been severely eroded by past flood events. The proposed in-stream boulder structures for Fanno Creek are 5 stream barbs(bendway weirs) to be installed within the channel of Fanno Creek to reduce bank erosion on the east(outside) bank of a meander in the stream. The barbs are intended to minimize erosion of the bank on the outside of the bank and increase the bank stability by reducing toe erosion of the slope. The barbs will be installed at intervals along the east bank to direct high flows away from eroding bank and toward the center of the channel. (Figure 2). These barbs will slope linearly from a height of 30-inches above the stream bottom in the center of the channel to the 2-year flood elevation at the outer bank. They will be angled upstream at about 45° to the bank. They will be constructed with angular basalt boulders ranging from a diameter of 30-inches in the stream center, to larger(3-4 feet) boulders on the outer bank. Each barb will have a volume of about 7 to 12 cubic yards (Figure 3) and will be approximately 5 to 8 feet wide and 6-7 feet high at the bank edge. The design of the proposed stream barbs is base on the U.S. Army Corps of Engineers Bendway Weir Theory, Development and Design Fact Sheet. This type of bank stabilization has been used successfully by the Corps in a number of projects and on a variety of rivers and streams. EROSION CONTROL The boulders will be placed in the creek from the adjacent bank with a crane or trackhoe. No equipment will be in the stream itself. Prior to the placement of the barbs, sediment fencing will be placed near the toe of the slope and at the top of the slope. Following placement of the barbs, the adjacent bank will be protected with coir fabric and planted with a variety of native trees and shrubs. It will then be seeded with an appropriate native grass/erosion control mix. The sediment fencing will remain in place until the grass cover is established to ensure that sediment does not enter the stream. PLANTINGS FOR WILDLIFE HABITAT ENHANCEMENT The bank will be enhanced through the removal of dense thickets of Himalayan blackberry and the establishment of native trees and shrubs. The plantings will be a combination of riparian and upland species. Following placement of the barbs the fringe of the stream bank will be planted with live willow stakes. Dryer areas on the higher slope will be planted with the native trees and shrubs appropriate for those conditions. The following table lists the species and quantities to be planted on the bank following removal of the existing blackberries. PLANT LIST Common Name Botanical Name Size Quantity Trees: Bigleaf maple Acer macrophyllum 18-24" 30 Cascara Rhamnus purshiana 18-24" 30 Chokecherry Prunus emarginata 18-24" 30 Douglas fir Pseudotsuga menziesii 3-4' 10 Shrubs: Red elderberry Sambucus racemosa 18-24" 20 Salal Gaultheria shallon 18-24" 40 Snowberry Symphoricarpos albus 18-24" 40 Thimbleberry Rubus parviflorus 18-24" 40 Willow species Salix spp. cuttings 100 Native vegetation established along the bank will enhance the wildlife habitat in this portion of Fanno Creek. Currently this bank is dominated by Himalayan blackberries (Rubus discolor). The additional native trees and shrubs will provide a greater diversity of feeding , nesting and cover opportunities for local wildlife. Eventually, the trees may provide shade and organic material to the stream. This, along with the variation in current velocity offered by the boulder structures ,will also allow some improved habitat for aquatic species within the stream. p Stream barbs for Fanno Creek for SW 74th Industrial Park in Tigard, Oregon Township 2 South Range 1 West Section 12 Tax Lot 1400 Pacific Land Management w l 16325 SW Boones Ferry Road 1�� Lake Oswego, OR 97035 Z51 ��^� �C Dan Maloney (503) 670-5424 ' PI-IS � Pacific habitat Services, Inc. J y le.111, .I� L i `,/� ,it _ ; '■1.jil#-11))°,:jia I P ...... ... .. . i ii,,,-,72......... li 1 Ve 0;c i ---- ---• ---‘=:141.=-1;---irtfi*211,1 A*..- ■air • 6 .L11 .____ /, ,. ..,...._ -11' - --.1, vc.... _ :.*.: - r.„ ,,, .., ... ___,.........._ __ 0.---,,,„. AIL • . .z.,, ....30„ .„,-iiii p. \\*:;on 1• '.t'I 1 S r1—._-i.�i'l„1nI•7�/)..∎ . )__ .L-_ 14 i�.•�"�il� -7. „ ,,.`'''' vi -.e.,vf ill”!loltrVIIFOP.,'*- ' r/gi F:.34 t,...1,..-iyai -. 46.04r.41-)-to,ope .f, . � ��£ SIdI (�`f;11,41 I !lt • "- ARK 4 4 IV , '-':•-•,:Nr;.,„ , „L,.. ... . _ , 1` k I III � fir ' 1 �� I _��" l �_ .D` fi �. i„, ,, , f'= I � • �l i` t\ . „...t14, ik-\, , , -: , !r■'''' .I, III — 121‘ \W.141 ft ..-- ' , : '-.,- '.. 4-64-,-,-,4,4- _,...-1:-:-_''0,, :--17r 7. .,A....ad 4-44:04.,, 7,1 .iiii:iiisiA -fir :/,�r� / 11 a, vre. � .ix F Apt l•,e t..���` �,.� k Via:... �� p �•.;„ ,s .__. ---..„.. ,___,.: ;4). .. „. , • -,..--,„,.._ ,....,.._ ;..- •4 .,....i,74e.....,:.• ILA., is. . : u \ pow-- ,,,Ls„..„,..---t...-- � '��� c-).•Ir/ ��'� '.t(��: �iy \. 1, `,- �.:1\ "i- .. irV •'4-6,---r-: •• ` s� ' ,e.,7.cNT94J1^ -!�• . . 1 / r �- j I 1 `Iiiii;'s•►a 6'aj 1.,.,-;:;: i� f/-__ .fir— -AD- ::. lS• I_r rir _ 'L /-11,, -2 0(#4/A, - - / •' 1Jt f Cam- [F' . : ,d/c)T / A71N 1�� _ r 1� 1. lij I i� �I —� ��1 Y/'�i s'F t_ __t fir II NE voc B 1 1i1� �� J►��l �� i i •-- -=acs IC rl l� '�. : v j'�r/ Ya-4� t • e, a . i� I' - oI” ■� r �� ...e.:1917(6... a @ lialgill= I I ✓-ii�J _'� / dam• 12 Mr Fig. 1 Location of proposed Fanno Creek stream stabilization and riparian enhancement project on SW 74th Avenue in Tigard, Oregon (USGS, Lake Oswego and Beaverton quads.) NOTES: Five (5) boulder deflectors extending approx. 12-15 feet into channel. Each deflector approx. 12 cubic yards angular, hand–selected basalt boulders, ranging in size from 4–feet to 30–inches in diameter. No equipment will be allowed in the stream. Sediment fencing will be located at both the top and / 71'40'00' E toe of the slope prior to construction. 54.50• / Following removal of blackberries, coir fabric should ' / be placed on the slope prior to seeding and planting. g c;4 C Sediment fencing to remain in place until grass seed ` g -,4/4-1'.--1,:--,:;/,'::-::` established. ` EE"w"Y'R"cT LEGEND: f° — Sediment fence I IIIIIJJ��rr ' j1.: likiii Stream barb (bendway weir) ef/ _' '/''/I ( Y ) �� ,. Stream Barb Locations �� fj'''':1,.,;',::::.7; h 1 „ 5 25'40'00• E 3,r. �l �/ ';i / 71.00' ft,,:',{'� '� E.14.>?3'. s 0,•34.0 , E� /� ;% '�* \ 66.5•' _ 4.O t�� •. �7z qT � � ?OE 19.60 1� >r'c' __f-'� . 11� • . / 4 st r, ;ray ' F3 a n n o, 1 e k S ,' ",.\-;,' III ;,j= : °p ®� Toe 1.7. 0 A ,, IIE r`r 107: :,:•,.._ of ; •_ � 1 0 30 60 120 :,"A:`,--11,=-:::-9-.11,,,' P0I?a; r'' 7,4.e f� w� - \ ss �\ ::;;�, � _ 4..1,10 "b • HF j / i',/,0 S•N . __mow ' -/'/'' l Pr/ .7. ;/ — 0.0050„ ——-7--4.110111 ',_ —_ —X00050•.7 \\ i Scale in Feet / : 11 e\�� Y FF 140.0 •:I`f,'157.0 ''Q'Q'fa ' Pacific Habitat Services,Inc. , Fig. 2 Location of proposed stream barbs (bendway weirs) on Fanno Creek at SW 74th Avenue, Tigard, Oregon. Trees and Shrubs Sym. Qty. Botanical Name Common Name Size 30 Acer macrophyllum Bigleaf maple 18-24" 30 Rhamnus purshiana Cascara 18-24" 30 Prunus emarginata Chokecherry 18-24" r 10 Pseudotsuga menziesll Douglas fir 3-4' 40 Gaultheria shallon Salal 18-24" 7,•40.00 E 20 Sambucus racemosa Red elderberry 18-24" 54 50' , 50 Rubus parviflorus Thimbleberry 18-24" / 50 Symphoricarpos albus Snowberry 18-24" 0 100 Salia spp. Native willows cuttings ''/�t�' g CREENWAY TRACT ��,'µ�')•',� rn 5 62'54'00 V S;�'. .:/ i ;p / . r i .• Stream Barb Locations TOP 357. ; •��•.'r 5 40.5•oi; I tf:A3/".•'/5 25'40'00' E 4R..9D' e.) 71.00' ' �,`ti t1g.43'' :. 5 oT�4°fbE CO �i�f u'•• T :,.. .•.•':r••:`` :40th 9 : V•+� :•h'•'� „% , -' 11 Ar;:., _-r, c T�� •. .a .•.;.4� / • ' v. \11111111: 11111111 ;,A` ,�.!?a, w?,�y,�Z ,.;M�:'': •:•. . .. . ,,.-' \ r •TAO .,,14:::!:::.:.......... . . . .....,......... -''' ' , - -• ,'7_,.---A!M-`, -- __- _-.�-' -4b . . \\1\ -MIN 0 30 60 120 / - :• :1. t-- - i[1}�5 - , . '..ate • lc' \,- ii MIMIIIII Scale in Feet Pacific Habitat Services, Inc. )� f�--- Fig. 4 Proposed riparian enhancement plantings on Fanno Creek at SW 74th Avenue in Tigard, Oregon. r� Pacific Habitat Services, Inc. liAP1111.111.11m r F4 IMO CREEK BEN / I,DI� El s Largess bockIdet–S oh d ow n S ft-eim sick 3 IllArwv■IMP. - LOW K - VaTalL- �� w.11411imi& ) 461•041 4S° 44 PL n iJ VIEW l_kn'i-1+=ckff roX• 2/3 w1Jt4 of .I C P Os s ` (041- 1. C�a«nt1 e/1 �Ec,TtoA./ l2.-Is -Ft) h+ N. T Ow 011% 4c- 10* aftsb r • V' � -(-- Low WATER —L. ALNICO*. LEVEL. ff pprox. .o Ff- dkep -r- yPICAi_ cN°+ - - S c 4 IQ Fig. 3 Conceptual plan and cross section of proposed stream barb (bendway weir) design for Fanno Creek at SW 74th Avenue in Tigard, Oregon. ADDITIONAL DOCUMENTS � ti$T o f . DEPARTMENT OF THE ARMY PORTLAND DISTRICT,CORPS OF ENGINEERS the44....) r P.O. BOX 2946 PORTLAND,OREGON 97208-2946 Reply October 5, 1998 Attention of , Operations Division SUBJECT: Permit Application ID No: 98-1167 Pacific Realty Ventures, Inc. 0 ty E � � Attn: Dan Maloney 17700 SW Upper Boones Ferry Road, QC I 6 199 Suite 100 IC GARD Portland, Oregon 97224-7010 Dear Mr. Maloney: We have received your request to modify your original permit. You are proposing to install 5 rock weirs along 250 linear feet of Fanno Creek bankline near Tigard, Washington County, Oregon (Section 12, T2S/R1 W). This is a decrease of 50 linear feet of impacts from your original proposal. The Corps of Engineers consider this change minor and hereby amend your permit. Your project now falls under the limits of the Nationwide Permit 13 which has received Section 401 water quality certification. You have also requested an extension of the in-water period within Fanno Creek. Oregon Department of Fish and Wildlife has reviewed your request and has granted a short extension. An in-water work period for October 5 through October 8 has been granted provided that there is no work within high water and no work during heavy rainfall. The original permit has been amended by including the above description and the enclosed revised drawing. All other terms and conditions of the original permit remain in full force and effect. If you have any questions about this modification, please write or call Jan Stuart at the above address or telephone (503) 808-4381. BY THE AUTHORITY OF THE SECRETARY OF THE ARMY Robert T. Slusar Colonel, Corps of Engineers District Engineer Enclosure Copies Furnished ODSL (Parks) (van Staveren) ity of Tigard (Rager) ODEQ (Mellville) ODFW (Grimes)