The URL can be used to link to this page

SLR1998-00008 SLR98 00008 SUMMER CREEK WETLANDS ENHANCEMENT PROJECT p 120 DAYS = 11/25/98 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) 98-0008 Case Name(s): SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Name of Owner: Various Owners (See attached Final Order) Name of Applicant: City of Tigard Address of Applicant: 13125 SW Hall Boulevard City: Tigard State: Oregon Zip: 97224 Location of Property: West side of SW 121st Avenue, east of Mary Woodward Elementary School, north of SW Katherine Street and south of SW Merestone Court. Tax Map & Lot Nos.: WTCM 1S134CB, Tax Lot 03801; and WCTM 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. Request:--> AT THE SEPTEMBER 28, 1998 PUBLIC HEARING, THE HEARINGS OFFICER APPROVED, SUBJECT TO CONDITIONS, a request for Sensitive Land Review approval for a water resources enhancement project. The project area is a lineal corridor of approximately 6.5 acres within a series of open space tracts of approximately 14 acres. Landform alterations involving 10,100 cubic yards is proposed with some 8,500 cubic yards of soil to be removed. The applicant proposes to construct a channel for Summer Creek through the site with two channel restrictions to force summer flows into newly created ponds and wetlands. Planting of native trees, shrubs, marsh and grass plantings are also proposed to establish wetlands and reduce water temperatures. tone: R-4.5; Residential, 4.5 units per acre. The R-4.5 Zoning District permits standard urban, low density residential home sites. A portion of the site is also zoned Planned Development which allows for innovative building techniques to more efficiently utilize property. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.80, 18.84, 18.85, and 18.100. 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: 9 DATE OF FILING: OCTOBER 9, 1998 THE DECISION SHALL BE FINAL ON MONDAY-OCTOBER 19,1998,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 OCTOBER 19,1998. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. SLR 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an application by the City of Tigard for sensitive ) FINAL ORDER lands review for approval of a water resources enhancement ) project within a Sensitive Lands/Wetlands area in the ) SLR 98-0008 Summer Creek corridor in the City of Tigard,Oregon ) (Summer Creek Wetland) I. SUMMARY The City of Tigard(the"applicant")requests sensitive lands review approval for landform alterations and related construction work within a Sensitive Lands/Wetlands areas in the Summer Creek corridor. The applicant proposes to construct a water resources enhancement project on the site. The applicant will construct a series of wetlands and ponds and a new"low-flow"channel for Summer Creek. The applicant will construct two channel restrictions within the new creek channel to direct summer flows into newly created ponds and wetlands. The applicant proposes to plant native trees,shrubs and grasses within the created wetlands. The applicant will excavate roughly 10,100 cubic yards of soil on the site. Roughly 8500 cubic yards will be disposed off-site. The remainder will be used to construct the low flow channel and ponds. The project will affect ten properties within the City of Tigard. The applicant owns five of the affected properties. The remaining properties are privately owned. A duly noticed public hearing was held on September 28, 1998 to review the application. City staff recommended approval. The applicant accepted the staff recommendation without objections. Three area resident testified with questions about the project. The hearings officer approves the sensitive lands review as provided herein. H. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section III of the City of Tigard Staff Reported dated September 21, 1998 (the "Staff Report"), and the City Staff and agency comments in Sections V and VI of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the Staff Report. IV. HEARINGS AND RECORD 1. Hearings Officer Larry Epstein (the "hearings officer") received testimony at the public hearing about this application on September 28, 1998. The record closed at the conclusion of the hearing. The testimony is included herein as Exhibit A(Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. 2. At the hearing,city planner Mark Roberts summarized the proposed enhancement project,the Staff Report and the applicable approval criteria. a. He testified that the applicant owns the majority of the project area. The applicant will need to obtain construction and conservation easements from the owners of affected private properties. Hearings Officer Final Order SLR 98-0008(Summer Creek Weiland) Page 1 b. In response to a question from the hearings officer he agreed that the proposed project is a"utility", i.e., a stormwater management facility. c. He noted that the applicant accepted the Staff Report and recommended conditions of approval without objections or corrections. The applicant chose not to appear at the hearing. d. He testified that City plans call for a bike path through the Summer Creek corridor. However the applicant did not propose a path as part of this project. He testified that the City cannot require the applicant to provide a path,because this project will not create any additional trips on the City's transportation network. 3. David Lawrence, Ed Gallaher and Patricia Newth,owners of property in the project area, testified in support of the project. However they expressed concern about the scope and nature of the required conservation easements. They questioned how the easement would restrict their use of their properties. The easement has not been presented to them for review, and it is not part of the record. a. Mr. Lawrence testified that he owns the property at 12150 SW Merestone Court. He argued that the proposed project should not include a pedestrian/bike path. He argued that the bike path should not be included in the conservation easements. b. Mr. Gallaher, 12140 SW Merestone Court, argued that a bike path through the site would violate CDC 18.84.040(A)(5), because it would be below the elevation of the average annual flood. c. Mrs. Newth, 12180 SW Merestone Court, questioned whether the conservation easement would allow construction of a bike path, among other issues. V. DISCUSSION 1. The hearings officer generally concurs in the analysis and conclusions offered by city staff; to wit, the application shows that the proposal does or can comply with the applicable standards and criteria for sensitive lands review, and adoption of recommended conditions of approval will ensure final plans are submitted consistent with those criteria and standards and will prevent,reduce or mitigate potential adverse impacts of the project consistent with the requirements of the CDC. The hearings officer adopts the findings and conclusions in the Staff Report as his own except as otherwise expressly provided herein. 2. The discussion in the Staff Report generally is complete and responsive to the applicable approval criteria. However the following additional finding is warranted to be more responsive to one of the criteria. a. CDC 18.84.040(A)(2) provides that land form alterations or developments within the 100-year floodplain in areas designated residential are limited to those"[a]ssociated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code..." The analysis in the Staff Report concluded the project is consistent with this section because"[t]he proposed land form alterations are not for the purpose of reclaiming current floodplain areas." The hearings officer fords that is not responsive to the standard. The hearings officer further finds that the proposed project is a utility, i.e., a stormwater management facility. Therefore the hearings officer finds that the project is permitted by CDC 18.84.040(A)(2) as a utility as defined by CDC 18.42. Hearings Officer Final Order SLR 98-0008(Summer Creek Wetland) Page 2 3. The owners of affected properties expressed concerns regarding the scope of the required conservation easement. a. Portions of this enhancement project will occur on private property. The applicant must obtain permission from the owners of these properties to develop the project. The applicant must obtain conservation easements to ensure that existing and future property owners will retain the created wetlands in their enhanced state. b. The scope of the conservation easements will depend on the language of the easement document. The applicant must obtain conservation easements before it can proceed with the project. The owners of affected properties must volunteer to grant the easement.' Therefore the owners of affected properties have the power to influence the scope of the easement, i.e. whether the easement includes a bike path, who is responsible for maintaining the enhancement area, etc. The owners of affected properties should read the text of the easement and consult competent legal counsel to advise them before signing the easement. 4. City plans call for a bicycle path along the Summer Creek floodplain. However the applicant did not propose a bicycle path as part of this project. The proposed development will have no impact on the City's transportation infrastructure. Therefore a condition of approval requiring the applicant to construct a bicycle path would exceed the impact of the proposed development, and the City cannot require the applicant to provide a path consistent with the US Supreme Court decision in Dolan v. Tigard. If a bicycle path is proposed in the sensitive area in the future, it may require a new application for sensitive lands review. The decision is this case does not authorize landform alterations that may be necessary for a bicycle path. VI. CONCLUSION AND DECISION 1. Based on the fmdings adopted and incorporated herein, the hearings officer concludes that the proposed sensitive lands review complies with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws. 2. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected public agencies and testimony and exhibits received in this matter, the hearings officer hereby approves SLR 98-0008, subject to the conditions of approval in Section II of the Staff Report. D • TED this 7th day of •. ber, 1998. //� , Larry Eps.� C' City of Ti;.. H-f ngs Officer ' The City cannot require owners to provide an easement,short of condemnation,and the City is unlikely to exercise its condemnation power in this case. Hearings Officer Final Order SLR 98-0008(Summer Creek Wetland) Page 3 Agenda Item: 2.3 Hearing Date: September 28, 1998 7:00 PM STAFF REPORT TO THE HEARING'S OFFICER °!!' CITY OF TIGARD FOR THE CITY OF TIGARD,OREGON Community DeveCopment ShapingA Better Community 120 DAYS = 11/25/98 SECTION I. APPLICATION SUMMARY CASE: FILE NAME: SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Sensitive Lands Review SLR 98-0008 PROPOSAL: The applicant has requested Sensitive Land Review approval for a water resources enhancement project. The project area is a lineal corridor of approximately 6.5 acres within a series of open space tracts of approximately 14 acres. Landform alterations involving 10,100 cubic yards is proposed with some 8,500 cubic yards of soil to be removed. The applicant proposes to construct a channel for Summer Creek through the site with two channel restrictions to force summer flows into newly created ponds and wetlands. Planting of native trees, shrubs, marsh and grass plantings are also proposed to establish wetlands and reduce water temperatures. APPLICANT: City of Tigard OWNER:City of Tigard 13125 SW Hall Boulevard 13125 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223 OWNER: Larry and Patricia Newth OWNER: Bradley & Jennifer Bernard 12180 SW Merestone Ct. 12170 SW Merestone Ct. Tigard, OR 97223 PO Box 23608 Tigard, OR 97281 OWNER: Charles and Beryl Jean Wiesman OWNER: Gregory Paul Shantz 12160 SW Merestone Ct. 6009 SW 33rd Place Tigard, OR 97223 Portland, OR 97210 OWNER: Edward and Janet Gallher OWNER: David and Teresa Gooley 12140 SW Merestone Ct. 12130 SW Merestone Ct. Tigard, OR 97223 Portland, OR 97210 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1-5 dwelling units per acre. ZONING DESIGNATIONS: R-4.5; Residential, 4.5 units per acre. The R-4.5 Zoning District permits standard urban, low density residential home sites. A portion of the site is also zoned Planned Development which allows for innovative building techniques to more efficiently utilize property. LOCATION: The site is a portion of Summer creek west of SW 121st Avenue, south of the Merestone Subdivision, north east of Mary Woodward Elementary School and east of the Capstone Subdivision. WCTM 1S134CB, Tax Lot 03801; WCTM 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.80, 18.84, 18.85, and 18.100. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 1 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT SECTION II. STAFF RECOMMENDATION The Planning Division recommends that the Hearing's Officer find that the proposed project will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local, state and federal laws. Therefore, staff recommends APPROVAL subject to the following recommended conditions of approval: CONDITIONS OF APPROVAL PRIOR TO COMMENCEMENT OF WORK, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:(The staff contact shall be Mark Roberts, Planning Division 639-4171.) 1. The applicant shall obtain a tree removal permit prior to removal of trees. 2. The applicant shall provide a copy of all required Division of State Lands and Army Corps of Engineers Permits. 3. The applicant shall provide copies of recorded construction and conservation use easements for the current owners of Tax Assessor Parcels 1S134CC, Tax Lots 01000, 01100, 01200, 01300 and 01400. Alternatively, the applicant may provide another satisfactory method of demonstrating agreement to allow the proposed work to commence on the affected adjoining properties. The applicant will also need to provide copies of the property deeds and demonstrate that no deed restriction exists for the proposed conservation use. 4. The applicant shall obtain a SIT Permit from the Building Department and monitoring shall be provided by a consulting Civil Engineer to assure grading is completed in accordance with the approved plan. STAFF CONTACT: Jim Funk or Bob Poskin, Building Division. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: The majority of the subject property was set aside at the time of development of the adjoining Capstone Subdivision, the Ye Olde Windmill Subdivision and the Merestone Subdivision. This area contains streams, wetlands and is within the 100-Year Floodplain Area. Vicinity Information: Adjoining properties are primarily developed with detached single family residences. The affected properties are primarily owned by the City of Tigard as Open Space Tracts. Certain adjoining properties that presently contain pond areas are proposed to contain enhanced wetland's areas. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 2 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Site Information and Proposal Description: The water resources enhancement project has been proposed in part because several years ago neighboring property owners reinforced an existing beaver dam to create a pond on the subject property. The dam has since been removed. The enhancement project will establish smaller ponds adjacent to the neighboring properties as a resource amenity and establish wetlands as a water resource enhancement. Although the combined acreage of all the open space tracts in this area is approximately 14 acres, the project area is a lineal corridor of approximately 6.5 acres. After completion of grading work shrubs, marsh, grass and 350 native tree plantings are proposed to establish wetlands within this portion of the creek. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Underlying Zoning: The proposed enhancement area has zoning designations of R-4.5 and R-4.5 (PD). Because the applicant is not proposing to establish a community recreational facility but instead to enhance water resources in this area, the proposed enhancements are a permitted use subject to approval of a Sensitive Lands Review. Based on the exception provided in Section 18.80.015(C), the Planned Development Zoning Overlay over a portion of the subject property does not require that the proposed Sensitive Land Review be conducted by the Planning Commission as a Planned Development Review. Sensitive Lands: Section 18.84 contains regulations for lands within 100 year floodplains, wetlands and drainageways that are subject to Sensitive Lands Review. Sensitive Lands Review of proposed developments in these areas is intended to implement protection measures and to protect rivers, streams and creeks by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitat, and preserving scenic quality and recreational potential. Floodplain: Section 18.84.040(A) states that the Hearings Officer shall approve or approve with conditions an application for landform alterations within the 100-year floodplain based upon findings that the applicable criteria have been satisfied. The 100-year floodplain is impacted by the proposed sewer rehabilitation project as shown within the application materials. The following findings are applicable to address impacts of this proposal on the 100-year floodplain: Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary. The applicant proposes to perform land form alterations with 10,100 cubic yards of soil. A total of 8,500 cubic yards of soil would be hauled out of the site. The remaining 1,600 cubic yards of soil would be reused to construct a low flow channel and two rock channels through the site that would force summer storm drainage flows into the newly established wetlands. The applicant also discusses that 20 cubic yards of fill will be imported as compaction material underneath the proposed rock diverter devices. Because a substantial amount of existing material, including an illegal dam are proposed to be removed this work will not result in a rise in the floodway. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 3 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards. Although the affected properties are designated for residential use, the proposed land form alterations are not for the purpose of reclaiming current floodplain areas. For this reason the proposed landform alterations are permitted within residentially zoned property subject to approval of the proposed Sensitive Lands application. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood. Upon completion of this project the applicant has proposed to remove approximately 8,500 cubic yards of soil that will result in a reduction in the current floodplain elevations through the affected properties. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearing Officer as untimely. The City's Park Master Plan states that a trail is to be built through this open space area. However, dedication of areas for a bicycle and pedestrian pathway is not necessary because the majority of this property is already owned by the City. The City has not proposed to construct a pathway at this time due to security concerns raised by area residents. Because the project is an enhancement of existing water resources and not new development that would create new vehicle or pedestrian trips on the system, a requirement that the trail be constructed is not considered roughly proportional to the impact of the project. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. For the reasons discussed previously, it is not necessary to require right-of-way dedication and construction of a pathway is not roughly proportional to the impact of the proposed enhancement project. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. A copy of the required permits shall be provided to the City prior to commencement of construction. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. For the reason mentioned above, it is not necessary to require right-of-way dedication for a bicycle/pedestrian way. Construction of a pathway also cannot be required because of the type of enhancement project that is proposed. Drainageway: 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 the drainageways. The following criteria must be satisfied: 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 4 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT The extent and mature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; The • proposed work that will alter the existing land form contours and, therefore, meets the definition of a landform alteration. The Community Development Code defines a landform alteration in part as, "any man-made change to improved or unimproved real estate, including but not limited to the following: the addition of buildings or other structures, mining quarrying, dredging, filing, grading...(ect.)..within an area of special flood hazard". Based on this definition, this standard applies to this proposal but is found to be met because the applicant is proposing to establish new contour elevations that will create wetlands through the site. Proposed native plantings are also proposed to establish these areas as wetlands. The limit of work is entirely within areas affected by the illegal dam that was constructed. 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 of property; As required by the Joint Division of State Lands and Army Corps of Engineers Permit, the applicant has proposed to conform with seasonal project timing issues and the Unified Sewerage Agency Erosion Control standards. The water flow capacity of the Drainageway is not decreased; The applicant has proposed to enhance existing water flow capacity of the drainageway to a condition that is better than the current condition through the removal of the existing illegal dam, removal of soils and through contour elevation revisions. 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 has provided a vegetation plan that is designed to establish native species in this area. In addition the applicant has proposed to reintroduce native tree plantings for the purpose of reducing water temperatures. 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 1981 CH2M Hill Master Drainage Study concerned existing and needed improvements to Citywide storm drainage facilities. Because the proposed project does not replace a drainageway with a public storm drainage facility this standard is not applicable. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. The applicant is currently in the process of obtaining the necessary permits. A Condition of Approval has been recommended requiring a copy of these permits prior to commencement of construction activity. 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. Because these properties are already owned by the City right-of-way dedication is also not necessary. The applicant has not proposed to construct a bicycle/pedestrian pathway as part of the enhancement work due to security concerns raised by adjoining property owners. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 5 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Wetlands: Section 18.84.040(D) states that the Director shall approve or approve with conditions an application request for sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland. The proposed landform alteration is within 25 feet of wetlands designated as significant within the City's Water Resources Overlay which designates significant wetlands within the Comprehensive Plan. However, Section 18.85.050(C) of the Water Resources standards provide a City of Tigard exemption of enhancement projects such as the proposed project. For this reason, this standard is considered to be met. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use. The applicant has proposed to create a system of ponds and wetlands in this area in order to improve the quality of water resources within this area. The applicant has also proposed create a more defined stream channel for Summer Creek through this area. The proposed limit of work is dictated by available finances and the fact that this entire corridor has similar existing contour constraints that limit available areas for the creation of wetlands. All of the proposed grading work is necessary to create the proposed series of wetlands and ponds through this corridor. For this reason, no additional disturbance has been proposed beyond what is necessary for the proposed enhancement project. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated. Off-site drainage will not be affected by this proposal, upon completion of the proposed cut and fill work the applicant has proposed to plant native plantings in order to establish wetlands. Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening. The applicant provided a replacement planting list for areas that would be established with wetlands. All other sensitive land's requirements of this chapter have been met. The applicable sensitive land's requirements have been addressed elsewhere within this report. The provisions of Chapter 18.150, Tree Removal, shall be met. The applicant has proposed to remove two existing trees that are over 12 inches in diameter but to replace these with 356 Oregon Ash, Red Alder, Scoulers Willow, Sitka Willow, Redtwig Dogwood and Douglas Spirea. The applicant is required to obtain a tree removal permit prior to removal of any trees that are located within Sensitive Lands Areas as required by Section 18.150.030. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. These policies are implemented by the applicable standards of the Community Development Code that are addressed elsewhere within this staff report. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 6 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Water Resources Overlay: Section 18.85.050 exempts certain types of project from review under the City's Water Resources Overlay Standards as follows: When performed under the direction of the City and in compliance with the provision of City of Tigard standards and specifications on file in the Engineering Division stream and wetlands restoration and enhancement projects are exempt from Water Resources Permit requirements. SECTION V. OTHER STAFF COMMENTS The Building Division reviewed this proposal and offered the following comments: It appears that work will occur on non-steeply sloping areas. Some work appears to fall on private lots. Building Department will require a SIT Permit and monitoring by the Civil Engineer to assure grading is completed in accordance with the approved plan. Note: A Condition of Approval has been required to this effect. The Operations Division reviewed this proposal and offered the following comments: No mention is made of any conservation easements related to the private properties. There is also no mention of covenants or deed restrictions related to the properties. How can we be assured that the property owners existing and future will leave this area in its enhanced state that portion on their private properties? Note: A Condition of Approval has been recommended that requires that the applicant provide construction and conservation easements. The applicant will also need to provide copies of the property deeds and demonstrate that no deed restriction exists for the proposed enhancement work. No other comments or objections have been received. SECTION VI. AGENCY COMMENTS The Division of State Lands reviewed this application and offered the following comment: This project is currently being reviewed under Permit Application Number GA 15599. No decision has been made to date and there are concerns about the depth of excavation and weir structure proposed in the project. The United States Army Corps of Engineer reviewed this application and offered the following comment: This project as designed does not qualify under the regional Wetland Enhancement Regional Permit. If the applicant does not want to change the design, an application for an individual permit will be required for the project to proceed through the permitting process. Note: A Condition of Approval requiring all necessary Division of State Lands and Army Corps of Engineers Permits has been required. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 7 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT The Unified Sewerage Agency reviewed this application and offered the following comment: This site contains floodplain and floodway designations. Grading within the floodplain/floodway shall be done in such a manner as to preserve the flood storage and conveying area without effecting any upstream or downstream properties in accordance with R & 0 96-44. A Division of State Lands Permit is required for any work in the creek. No other comments or objections have been received. /`/ . , . i �� ' :�� September 21 . 1998 PRE" A RED BY: ark Robert DATE Associate Planner ___ _ , A.. ,,^ c_it September 21. 1998 APPROVED BY: Richard Bew rsdorff DATE Planning M nager i:\CURPLN\MARKR\SLR\SLR98-08.DEC 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 8 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT 4 z O • c .4mw. 1 Summer Creek Wetland Enhancement 0 Site Map\ Z Z %. \l/k '' AVM!kit rt-,.■--tt",..t.N„._ '_'" \F emu.: \ - . 111A:7111Inilh; 'NA . < a J CC - \\::111M4h, 41111111"i ��• \ \ 1 SW MERESTONE CI. Q , ' ----- . ,:.\'"•-■:;',/ 1 - ! ! 0 480' i I N \ ''7"4\:,../ ■i i `-ja i L--! sss �/ 1 U Mary Woodward / Elementary School - • SITE PLAN City of Tigard Summercreek Wetlands and 100-Year Floodplain EXHIBIT MAP Enhancement Project SLR 98-0008 I I _��_ z�iti ' _ _ �� „�' + CITY of TIGARD Minima r .w �N....N'- _, rim . r . ha� . . mi OEOORA►NIC INFORMATION SASTE"111■ Ilk* IIIIII niiib0U ■■1111 IIii VICINITY MAP P Illig11111961" I 1 0 TH DA 0TA T d EDGEWA I Summer Lake Ill I I Park HIEEliiHhil! BURLHE17 + SLR 98-0008 (I 0) SUBJEC UMMER PARCELS ♦. ;■■� Summer Creek , 1IIIIlI liii! . . ♦♦♦. . ■ ♦ ♦ am Enhancement 0 4/0;t .� �, .Ammr.d ■■■�1 ♦ ♦ Project 0J■ OR : TE'a�:�7 �.. et k9:I`` ♦ , ■ , �bi■ :iL.tti.i _ �■FAL •N RISE D � ,�. _ �� ■ Mary Woodward'tea■■J■■„. Ele I�=��. �� mentary , 161164��^-- School KATHERINE S'in ■ it��i ball ■ s �■� i■■■■■■■■m �■■■■ �� a.ER■ miles �� -�c.. 0 WWI lira Q■■ ■ 44 ommIllum Or s*Pa low%kw:al :Noma No fA■stmaanlinli. •■ ■ N o am falew '_.04410111N1111111111111111111 0 200 ,DO L00 Feet Ari UNE re 480 feet Aar. 416 -. • Mk,, A pois,.. t =; ,01. ..., A City of Tigard al Aram ass Information on this map Is for general location only and NW P I should be verified this the Development Services Division. '..• h �� . ��/ :Swim 13125 SW Nall Blvd `W .. �N�� SW BAMBI LN, H� Tigard, 39 97223 ,�, .��• �� ,�� .�.■■ ■• —�� (503)839-4171 http:ltvww.cl.hgard onus Community Development Plot date:Aug 21, 1998;C:lmagic\MA 3ICO2.ARR MEETING RECORDS CITY OF TIGARD HEARING'S OFFICER SEPTEMBER 28, 1998 - 7:00 P.M. TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD, OR 97223 anyone wishing to speak on cm Agenda item should sign on the appropriate sign-in sheet(s). PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Monday prior to the meeting. Please call (503) 639-4171 , Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: ➢ Qualified sign language interpreters for persons with speech or hearing impairments; and ➢ Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above if you are requesting such services. (OVER FOR HEARING AGENDA ITEM(S) CITY OF TIGARD HEARING'S OFFICER PAGE 1 OF 3 9/28/98 PUBLIC HEARING AGENDA A . ,,,. Alit CITY OF TIGARD Community Development SFtapingA Better Community CITY OFTIGARD HEARINGS OFFICER SEPTEMBER 28,1998-7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 ELK HORN RIDGE SUBDIVISION Subdivision (SUB) 98-0006 Sensitive Lands Review (SLR) 98-0004 LOCATION: The subject properties are located on the north side of SW Bull Mountain Road, east of SW 129th Avenue. WCTM 2S109AD, Tax Lot 01100; 2S109AA, Tax Lot 03900; and 2S104DD, Tax Lot 07200. PROPOSAL: The applicant is requesting preliminary plat approval to subdivide approximately 12.38 acres for the creation of a 49-lot subdivision. This application also involves a request for Sensitive Lands Review for steep slopes and drainageways. COMPREHENSIVE PLAN DESIGNATIONS: Medium Density Residential; 7 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 7 Units Per Acre; R-7. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.40, 18.52, 18.84, 18.88 18.92, 18.98, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. 2.2 LAUTT'S TERRACE SUBDIVISION Subdivision (SUB) 98-0005 LOCATION: 14140 SW 97th Avenue. WCTM 2S111 BA, Tax Lot 08900. PROPOSAL: The applicant has requested subdivision approval to divide one (1) parcel of approximately 1.79 acres into eight (8) lots ranging in size from 7,500 to 9,766 square feet. COMPREHENSIVE PLAN DESIGNATIONS: Low Density Residential; 1-5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 7,500 Square Foot Minimum Lot Size; R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88 18.92, 18.96, 18.100, 18.102, 18.108, 18.160 and 18.164. CITY OF TIGARD HEARING'S OFFICER PAGE 2 OF 3 9/28/98 PUBLIC HEARING AGENDA 2.3 SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Sensitive Lands Review (SLR) 98-0008 LOCATION: The site is a portion of Summercreek, west of SW 121st Avenue, south of the Merestone Subdivision, northeast of Mary Woodward Elementary School and east of the Capstone Subdivision. WCTM 1S134CB, Tax Lot 03801; 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. PROPOSAL: The applicant has requested Sensitive Lands Review approval for a water resources enhancement project. The project area is a lineal corridor of approximately 6.5 acres within a series of open space tracts of approximately 14 acres. Landform alterations involving 10,100 cubic yards is proposed with some 8,500 cubic yards of soil to be removed. The applicant proposes to construct a channel for Summercreek through the site with two (2) channel restrictions to force summer flows into newly created ponds and wetlands. Planting of native trees, shrubs, marsh and grass plantings are also proposed to establish wetlands and reduce water temperatures. COMPREHENSIVE PLAN DESIGNATIONS: Low Density Residential; 1-5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential; 4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.80, 18.84, 18.85 and 18.100. 3. OTHER BUSINESS 4. ADJOURNMENT CITY OF TIGARD HEARING'S OFFICER PAGE 3 OF 3 9/28/98 PUBLIC HEARING AGENDA Agenda Item: ,e.3 Hearing Date: September 28, 1998 7:00 PM STAFF REPORT TO THE HEARING'S OFFICER '''+ CITY OF TIGARD FOR THE CITY OF TIGARD,OREGON Community(Development Shaping Better Community 120 DAYS = 11/25/98 SECTION I. APPLICATION SUMMARY CASE: FILE NAME: SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Sensitive Lands Review SLR 98-0008 PROPOSAL: The applicant has requested Sensitive Land Review approval for a water resources enhancement project. The project area is a lineal corridor of approximately 6.5 acres within a series of open space tracts of approximately 14 acres. Landform alterations involving 10,100 cubic yards is proposed with some 8,500 cubic yards of soil to be removed. The applicant proposes to construct a channel for Summer Creek through the site with two channel restrictions to force summer flows into newly created ponds and wetlands. Planting of native trees, shrubs, marsh and grass plantings are also proposed to establish wetlands and reduce water temperatures. APPLICANT: City of Tigard OWNER:City of Tigard 13125 SW Hall Boulevard 13125 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223 OWNER: Larry and Patricia Newth OWNER: Bradley & Jennifer Bernard 12180 SW Merestone Ct. 12170 SW Merestone Ct. Tigard, OR 97223 PO Box 23608 Tigard, OR 97281 OWNER: Charles and Beryl Jean Wiesman OWNER: Gregory Paul Shantz 12160 SW Merestone Ct. 6009 SW 33rd Place Tigard, OR 97223 Portland, OR 97210 OWNER: Edward and Janet Gallher OWNER: David and Teresa Gooley 12140 SW Merestone Ct. 12130 SW Merestone Ct. Tigard, OR 97223 Portland, OR 97210 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1-5 dwelling units per acre. ZONING DESIGNATIONS: R-4.5; Residential, 4.5 units per acre. The R-4.5 Zoning District permits standard urban, low density residential home sites. A portion of the site is also zoned Planned Development which allows for innovative building techniques to more efficiently utilize property. LOCATION: The site is a portion of Summer creek west of SW 121st Avenue, south of the Merestone Subdivision, north east of Mary Woodward Elementary School and east of the Capstone Subdivision. WCTM 1S134CB, Tax Lot 03801; WCTM 1 S 134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.80, 18.84, 18.85, and 18.100. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 1 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT SECTION II. STHrF RECOMMENDATION The Planning Division recommends that the Hearing's Officer find that the proposed project will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local, state and federal laws. Therefore, staff recommends APPROVAL subject to the following recommended conditions of approval: CONDITIONS OF APPROVAL PRIOR TO COMMENCEMENT OF WORK, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:(The staff contact shall be Mark Roberts, Planning Division 639-4171.) 1. The applicant shall obtain a tree removal permit prior to removal of trees. 2. The applicant shall provide a copy of all required Division of State Lands and Army Corps of Engineers Permits. 3. The applicant shall provide copies of recorded construction and conservation use easements for the current owners of Tax Assessor Parcels 1S134CC, Tax Lots 01000, 01100, 01200, 01300 and 01400. Alternatively, the applicant may provide another satisfactory method of demonstrating agreement to allow the proposed work to commence on the affected adjoining properties. The applicant will also need to provide copies of the property deeds and demonstrate that no deed restriction exists for the proposed conservation use. 4. The applicant shall obtain a SIT Permit from the Building Department and monitoring shall be provided by a consulting Civil Engineer to assure grading is completed in accordance with the approved plan. STAFF CONTACT: Jim Funk or Bob Poskin, Building Division. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: The majority of the subject property was set aside at the time of development of the adjoining Capstone Subdivision, the Ye Olde Windmill Subdivision and the Merestone Subdivision. This area contains streams, wetlands and is within the 100-Year Floodplain Area. Vicinity Information: Adjoining properties are primarily developed with detached single family residences. The affected properties are primarily owned by the City of Tigard as Open Space Tracts. Certain adjoining properties that presently contain pond areas are proposed to contain enhanced wetland's areas. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 2 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Site Information and Proposal Description: The water resources enhancement project has been proposed in part because several years ago neighboring property owners reinforced an existing beaver dam to create a pond on the subject property. The dam has since been removed. The enhancement project will establish smaller ponds adjacent to the neighboring properties as a resource amenity and establish wetlands as a water resource enhancement. Although the combined acreage of all the open space tracts in this area is approximately 14 acres, the project area is a lineal corridor of approximately 6.5 acres. After completion of grading work shrubs, marsh, grass and 350 native tree plantings are proposed to establish wetlands within this portion of the creek. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Underlying Zoning: The proposed enhancement area has zoning designations of R-4.5 and R-4.5 (PD). Because the applicant is not proposing to establish a community recreational facility but instead to enhance water resources in this area, the proposed enhancements are a permitted use subject to approval of a Sensitive Lands Review. Based on the exception provided in Section 18.80.015(C), the Planned Development Zoning Overlay over a portion of the subject property does not require that the proposed Sensitive Land Review be conducted by the Planning Commission as a Planned Development Review. Sensitive Lands: Section 18.84 contains regulations for lands within 100 year floodplains, wetlands and drainageways that are subject to Sensitive Lands Review. Sensitive Lands Review of proposed developments in these areas is intended to implement protection measures and to protect rivers, streams and creeks by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitat, and preserving scenic quality and recreational potential. Floodplain: Section 18.84.040(A) states that the Hearings Officer shall approve or approve with conditions an application for landform alterations within the 100-year floodplain based upon findings that the applicable criteria have been satisfied. The 100-year floodplain is impacted by the proposed sewer rehabilitation project as shown within the application materials. The following findings are applicable to address impacts of this proposal on the 100-year floodplain: Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary. The applicant proposes to perform land form alterations with 10,100 cubic yards of soil. A total of 8,500 cubic yards of soil would be hauled out of the site. The remaining 1,600 cubic yards of soil would be reused to construct a low flow channel and two rock channels through the site that would force summer storm drainage flows into the newly established wetlands. The applicant also discusses that 20 cubic yards of fill will be imported as compaction material underneath the proposed rock diverter devices. Because a substantial amount of existing material, including an illegal dam are proposed to be removed this work will not result in a rise in the floodway. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 3 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Land form alterations or developments within the 100-year tloodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards. Although the affected properties are designated for residential use, the proposed land form alterations are not for the purpose of reclaiming current floodplain areas. For this reason the proposed landform alterations are permitted within residentially zoned property subject to approval of the proposed Sensitive Lands application. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood. Upon completion of this project the applicant has proposed to remove approximately 8,500 cubic yards of soil that will result in a reduction in the current floodplain elevations through the affected properties. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearing Officer as untimely. The City's Park Master Plan states that a trail is to be built through this open space area. However, dedication of areas for a bicycle and pedestrian pathway is not necessary because the majority of this property is already owned by the City. The City has not proposed to construct a pathway at this time due to security concerns raised by area residents. Because the project is an enhancement of existing water resources and not new development that would create new vehicle or pedestrian trips on the system, a requirement that the trail be constructed is not considered roughly proportional to the impact of the project. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. For the reasons discussed previously, it is not necessary to require right-of-way dedication and construction of a pathway is not roughly proportional to the impact of the proposed enhancement project. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. A copy of the required permits shall be provided to the City prior to commencement of construction. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. For the reason mentioned above, it is not necessary to require right-of-way dedication for a bicycle/pedestrian way. Construction of a pathway also cannot be required because of the type of enhancement project that is proposed. Drainageway: 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 the drainageways. The following criteria must be satisfied: 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 4 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT The extent and mature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; The proposed work that will alter the existing land form contours and, therefore, meets the definition of a landform alteration. The Community Development Code defines a landform alteration in part as, "any man-made change to improved or unimproved real estate, including but not limited to the following: the addition of buildings or other structures, mining quarrying, dredging, filing, grading...(ect.)..within an area of special flood hazard". Based on this definition, this standard applies to this proposal but is found to be met because the applicant is proposing to establish new contour elevations that will create wetlands through the site. Proposed native plantings are also proposed to establish these areas as wetlands. The limit of work is entirely within areas affected by the illegal dam that was constructed. 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 of property; As required by the Joint Division of State Lands and Army Corps of Engineers Permit, the applicant has proposed to conform with seasonal project timing issues and the Unified Sewerage Agency Erosion Control standards. The water flow capacity of the Drainageway is not decreased; The applicant has proposed to enhance existing water flow capacity of the drainageway to a condition that is better than the current condition through the removal of the existing illegal dam, removal of soils and through contour elevation revisions. 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 has provided a vegetation plan that is designed to establish native species in this area. In addition the applicant has proposed to reintroduce native tree plantings for the purpose of reducing water temperatures. 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 1981 CH2M Hill Master Drainage Study concerned existing and needed improvements to Citywide storm drainage facilities. Because the proposed project does not replace a drainageway with a public storm drainage facility this standard is not applicable. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. The applicant is currently in the process of obtaining the necessary permits. A Condition of Approval has been recommended requiring a copy of these permits prior to commencement of construction activity. 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. Because these properties are already owned by the City right-of-way dedication is also not necessary. The applicant has not proposed to construct a bicycle/pedestrian pathway as part of the enhancement work due to security concerns raised by adjoining property owners. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 5 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Wetlands: Section 18.84.040(D) states that the Director shall approve or approve with conditions an application request for sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland. The proposed landform alteration is within 25 feet of wetlands designated as significant within the City's Water Resources Overlay which designates significant wetlands within the Comprehensive Plan. However, Section 18.85.050(C) of the Water Resources standards provide a City of Tigard exemption of enhancement projects such as the proposed project. For this reason, this standard is considered to be met. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use. The applicant has proposed to create a system of ponds and wetlands in this area in order to improve the quality of water resources within this area. The applicant has also proposed create a more defined stream channel for Summer Creek through this area. The proposed limit of work is dictated by available finances and the fact that this entire corridor has similar existing contour constraints that limit available areas for the creation of wetlands. All of the proposed grading work is necessary to create the proposed series of wetlands and ponds through this corridor. For this reason, no additional disturbance has been proposed beyond what is necessary for the proposed enhancement project. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated. Off-site drainage will not be affected by this proposal, upon completion of the proposed cut and fill work the applicant has proposed to plant native plantings in order to establish wetlands. Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening. The applicant provided a replacement planting list for areas that would be established with wetlands. All other sensitive land's requirements of this chapter have been met. The applicable sensitive land's requirements have been addressed elsewhere within this report. The provisions of Chapter 18.150, Tree Removal, shall be met. The applicant has proposed to remove two existing trees that are over 12 inches in diameter but to replace these with 356 Oregon Ash, Red Alder, Scoulers Willow, Sitka Willow, Redtwig Dogwood and Douglas Spirea. The applicant is required to obtain a tree removal permit prior to removal of any trees that are located within Sensitive Lands Areas as required by Section 18.150.030. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. These policies are implemented by the applicable standards of the Community Development Code that are addressed elsewhere within this staff report. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 6 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Water Resources Overlay: Section 18.85.050 exempts certain types of project from review under the City's Water Resources Overlay Standards as follows: When performed under the direction of the City and in compliance with the provision of City of Tigard standards and specifications on file in the Engineering Division stream and wetlands restoration and enhancement projects are exempt from Water Resources Permit requirements. SECTION V. OTHER STAFF COMMENTS The Building Division reviewed this proposal and offered the following comments: It appears that work will occur on non-steeply sloping areas. Some work appears to fall on private lots. Building Department will require a SIT Permit and monitoring by the Civil Engineer to assure grading is completed in accordance with the approved plan. Note: A Condition of Approval has been required to this effect. The Operations Division reviewed this proposal and offered the following comments: No mention is made of any conservation easements related to the private properties. There is also no mention of covenants or deed restrictions related to the properties. How can we be assured that the property owners existing and future will leave this area in its enhanced state that portion on their private properties? Note: A Condition of Approval has been recommended that requires that the applicant provide construction and conservation easements. The applicant will also need to provide copies of the property deeds and demonstrate that no deed restriction exists for the proposed enhancement work. No other comments or objections have been received. SECTION VI. AGENCY COMMENTS The Division of State Lands reviewed this application and offered the following comment: This project is currently being reviewed under Permit Application Number GA 15599. No decision has been made to date and there are concerns about the depth of excavation and weir structure proposed in the project. The United States Army Corps of Engineer reviewed this application and offered the following comment: This project as designed does not qualify under the regional Wetland Enhancement Regional Permit. If the applicant does not want to change the design, an application for an individual permit will be required for the project to proceed through the permitting process. Note: A Condition of Approval requiring all necessary Division of State Lands and Army Corps of Engineers Permits has been required. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 7 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT The Unified Sewerage Agency reviewed this application and offered the following comment: This site contains floodplain and floodway designations. Grading within the floodplain/floodway shall be done in such a manner as to preserve the flood storage and conveying area without effecting any upstream or downstream properties in accordance with R & 0 96-44. A Division of State Lands Permit is required for any work in the creek. No other comments or objections have been received. 47' z' " September 21, 1998 PRE" £ RED BY: ark Robert DATE Associate Planner September 21, 1998 APPROVED BY: Richard Bew rsdorff DATE Planning M nager is\CURPLN\MARKR\SLR\SLR98-08.DEC 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 8 OF 8 SLR 98-0008—SUMMER CREEK WETLANDS ENHANCEMENT PROJECT I 4 w Z O 2 \ u) Summer Creek Wetland Enhancement 0 Site Map ♦^ � V t\\ 41‘, z 12- \N" i - Ci ,- <SW MERESTONE=�- \ `, ,/---: r 410'. 2 •mo;'- :j I I j _ j L-J I I — _ =_�` V.. 555' / U / Mary Woodward Elementary School SITE PLAN t City of Tigard Summercreek Wetlands N and 100-Year Floodplain EXHIBIT MAP Enhancement Project SLR 98-0008 1 Mal TIM .�,�� a�"�__ ■, — '�g. ■_+ CITY of TIGARD�R��Z •, &'M -TIMOIFIYP�' ' �� afirianniAiri �■ ■■T ceocanPnic 'NroaMnnon srsreu WW�� ■ar ►14 ■■■■■ E 1lIP VICINITY MAP re ■'uhI ■ NOTH DAKOTA T ATER MILI.VIEyy - - I I _ 11 , Summer Lake °T I ■ ■- ■111111,`■ •URLHEIGHTS DR •■ SLR 98-0008 viloom.Park ■��■�i .�■■�■■ ■•PARCELS I ♦ : �■i � Summer Creek ♦ r4 dtP'4s$# 4i Enhancement I ■■■1 Project ammul Irt,,c, eaRRINP1114,%\`,.'. P07,\V--141m :111. .11, T riLl'ilk• it. Inv ..w. i. ...- _-. - 161,- •\, ..■•■\•&,■• ommi, a aill.01. 1 Illardill IIIIIITINITML\■\leS•V. IBM am& AIR ..°0-91 I U a�■ au .. Mary Woodward iiiiiiiiiu Itli' El ^;`�;S ' School 111111,1001k111111)=11/am�■wa i■I■■I■■It j■■■iii �� i �� ■ imam ilia =MEV All • 4117---■ ■ti oni ■ arm■■ it V t• a ;�■o■■► • imill r 1111,■■■ ., 411k fta -■m �■.(461W111111111111MIN 0 200 .fe F.� PM■ _41 NI MEW Ai_INE alticr alliFININ lig I �•��•�t� ■ aAdow C ity of Tigard ills fq Information on thmp is for general bcation oy and' •. l�^ - i . '' should he verged with the Development Services Division. i■ • U ! iiiiI 13125 SW Hall Blvd ,• t1 :i1 Tigard,OR 97223 IMF . .ti„ . (503)639-4171 - .a r- ■, htlP'IAvww.ci.tigard ocus Community Development Plot date:Aug 21, 1998;C:lmagic\MAGICO2.APR CITY OF TIGARD Community(Development Shaping f7 Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, SEPTEMBER 28, 199,AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO: SENSITIVE LANDS REVIEW[SLR] 98-0008 FILE TITLE: SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT APPLICANT: City of Tigard OWNER: City of Tigard 13125 SW Hall Boulevard 13125 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223 OWNER: Larry and Patricia Newth OWNER: Bradley and Jennifer Bernard 12180 SW Merestone Court 12170 SW Merestone Court) Tigard, OR 97223 PO Box 23608 Tigard, OR 97223/97281 OWNER: Charles and Beryl Jean Wiesman OWNER: Gregory Paul Shantz 12160 SW Merestone Court 6009 SW 33rd Place Tigard, OR 97223 Portland, OR 97210 OWNER: Edward and Janet Gallher OWNER: David and Teresa Gooley 12140 SW Merestone Court 12130 SW Merestone Court Tigard, OR 97223 Portland, OR 97210 REQUEST ➢ A request for Sensitive Lands Review approval to enhance wetlands and perform landform alterations within the 100-year floodplain. LOCATIONS: The subject parcels are located on the west side of SW 121st Avenue, east of Mary Woodward Elementary School, north of SW Katherine Street and south of SW Merestone Court. WCTM 1S134CB, Tax Lot 03801; and WCTM 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.84 and 18.85. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. SLR 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT PUBLIC HEARING NOTICE REQUEST FOR COMMENTS oti REQUEST FOR COMMENTS / CITY/ CITY OF TIGARD `o ��/// Community rDeve[opment ShapingA Better Community DATE: August 21,1998 TO: OREGON DIVISION OF STATE LANDS FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts,Associate Planner Phone:[5031639-4171 Fax:[503)684-7297 RE: SENSITIVE LANDS REVIEW[SLR]98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT IA request for Sensitive Lands Review approval to enhance wetlands and perform landform alterations !within the 100-year floodplain. LOCATIONS: The subject parcels are located on the west side of SW 121st Avenue, east of Mary Woodward Elementary School, north of SW Katherine Street and south of SW Merestone Court. WCTM 1 S134CB, Tax Lot 03801; and WCTM 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50 and 18.84. 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: [MONDAY - AUGUST 31, 19981 You may use the space provided below or attach a separate letter to return your comments. 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: �i n �/ q /•t �v J J� G f e,1 �v✓�.t z-�t ft/ �!^[(/��I_c✓r�C v/'1Ci(-�. ��✓ I „ yid . • 6A-- sS: , AA, `�} CtJ/v h a 1 c` r'1 o • 4 C -J� r O LA) cn v '► (Please provide the f a wing information)Name of Person[sl Commenting: / l //)✓l's 1 !Phone Number[sl: 5-6s-- 3 ?, 2 I 1 SLR 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT PROPOSAL/REOUEST FOR COMMENTS rum % id oulawavizen r., 44 V '``�l er 11111* l iuiiiiu,iiFII. .. Iiiir _ III ,ut i IIIP4 ~ ST' - z Summer Lake 1 O � � — Park PU (n — k •4uIiu�lii��= ./ 1. 0 0 ♦N • 4 4 1111111�rojec Inn rt l' 4110 to / ■ a"MIMI IIP < mum pe‘ aillop 1466. ma 13! It ii* á Projec Imm ar 0 _ma 11111/11111 Site ce '� III U Mary Woodward 2 Eli M Elementary �� = ;� �m � School rn � ' u. i gs Aro ■ o a mm 110.4001 4.1.06. oils >- NMI== u■III1111111M Muiii i WM, ii �'IU 1 ■ ■ • r U t-IuI ía' s I 1 \ h City of Tigard Summercreek Wetlands Vicinity Map and 100-Year Floodplain Enhancement Project SLR 98-0008 j - I .. - A 1r. Z 0 s . v) > ....., •\\. \. Summer Creek Wetland Enhancement - Site Map 0 0 K Z/.-. Z .1 - I , ' \' %. Z \ \ : / %. . • i . _. i ••■ f ■ %.:•■` 7,---------- C 0. ' AVIAlask - t VbX.4.1.4, , > ._ ' • \-_t:.\t4_-..--tt }p.:A,I,s.......:% < C:) --- - N i VA, NI,„,..„Nor- ''''- -N\ .:.• ...,,,, 111P111 \Ns>._,_•;,_, •-....:,....„ ..„_...-- co ..... • \ / . , . • 484r i i ../ !! ._-_-_-_—__ •-:_-_... LL ... s,:•• N„'•%.,..............., .,. ........___2 L'21------:---,— ._____.::---- ,z■ 0 i ,, . ----- -- ,___ 1._ >., _ ,_,...,.• -:: 555' , / Mary Woodward Elementary School SITE DI LAN bli City of Tigard Summercreek Wetlands and 100-Year Floodplain EXHIBIT MAP Enhancement Project SLR 98-0008 1 RECEIVED PLANNING Yfil 114 41-14 SEP 0 4 1998 CITY OF TIGARD UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY MEMORANDUM DATE: September 3, 1998 TO: Mark Roberts, City of Tigard FROM: Julia Huffman, USA J,,�; SUBJECT: Summer Creek Wetlands and 100-Yr Floodplain Enhancement Project, SLR 98-0008 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 is required for any work in the creek. 155 North First Avenue, Suite 270, MS 10 Phone: 503/648-8621 Hillsboro, Oregon 97124-3072 FAX:503/640-3525 • • REQUEST FOR COMMENTS CITY OF TIIGARD Community(Development Shaping Better Community DATE: August 21,1998 i LE 1 IT C TO: Julia Huffman,USA/SWM Program J AUG 4 �yyd / FROM: City of Tigard Planning Division I TACT: Makk Roberts,Associate Planner ne:[5031639-4171 Fax:(5031 684-7297 RE: SENSITIVE LANDS REVIEW[SLR)98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT -A request for Sensitive Lands Review approval to enhance wetlands and perform landform alterations within the 100-year floodplain. LOCATIONS: The subject parcels are located on the west side of SW 121st Avenue, east of Mary Woodward Elementary School, north of SW Katherine Street and south of SW Merestone Court. WCTM 1S134CB, Tax Lot 03801; and WCTM 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50 and 18.84. 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: [MONDAY - AUGUST 31, 1998). You may use the space provided below or attach a separate letter to return your comments. 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 •, (Pt ase provide the follinving information)Name of Person(s)Commenting: Phone Numbertsl: g - I SLR 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT PROPOSAL/REQUEST FOR COMMENTS 114 /!► r t s�r l Iar 1 . `e � ililin—'s!' u ii. Id/ l.� II!! re, ST _ z Summer Lake r , l MI _ >' 0 Park P I I iiii ,111111 11.1 rp. 1 ♦ z �/ rojec /viiimmos Z N , Iihn rt 1" 411111■10. te m.mm -Tkm. .I. mr. " NNE z Mil ark- 1� IV V '' illo !l,I, Site ce ., 1fl __ ■ Mary Woodward C7 lira ram ! Elementary ill I. School . u.. OS / gm o torildidal j um in■ll . 1.111 •11!! ! ■ III # III ' City of Tigard Summercreek Wetlands Vicinity Map and 100-Year Floodplain Enhancement Project SLR 98-0008 1 ''-''''...-••-•-•, , - - - • • 140)71 Z 0 (f) Summer Creek Wetland Enhancement ....w•"" Site Map 0... ‘11101/4- '• / - ZN. Zi. < Fp 0- 1,1 it SW MERESTONt—Cl x- . . . -..... 4110.„ ,,,.. ..10■ -N- -.. /----'' , • ,.. "• ',..." 480' j i ci.) ■ \\.....,......... ...... ' .. \: ..N..... !! ! _ . ' _ — --- scro. • " ___ 3+,. .__ :....._-_-- --— . , :,\\,,, 0 --------- --- _--:,,s„, -----_ t.\\„kt: _____ ---... >,— , / J .-- ---,::----__,_. __-_---- 10. ..,__•z.—,-,—,,, 1_, / '•/ ,,,)2" ' r // 0 Mary Woodward / Elementary School SITE PLAN City of Tigard Summercreek Wetlands NJ and 100-Year Floodplain EXHIBIT MAP Enhancement Project , SLR 98-0008 1 01;-04%98 07:50 FAX 503 6403525 UNIFIED SEWERAGE AGENCY r 0001 REQUEST FOR COMMENTS CITY O TIOARD Community Development Sfapingl4 Better Community DATE: August 21,1998 D C� Q Tc TO: Julia Huffman,USA/SWM Program AUG 4 jy�d FROM: CO of Tigard Planning Division I , ACT: M: kRoberts Associate Planner _ . ne:15031 6394171 Fat 15031 684-72g1 RE: SENSITIVE LANDS REVIEW(SLR]98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT < Q request for Sensitive Lands Review approval to enhance wetlands and perform landform alterations within the 100-year floodplain. LOCATIONS: The subject parcels are located on the west side of SW 121st Avenue, east of Mary Woodward Elementary School, north of SW Katherine Street and south of SW Merestone Court. WCTM 1 S134CB, Tax Lot 03801; and WCTM 1 S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50 and 18.84. Attached is the She 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: (MONDAY - AUGUST 31,19981 You may use the space provided below or attach a separate letter to return your comments. 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: 1\ olo a1n, sL.,.t,) (Tkase provide the foTauing information)Name of Person(s)Commenting: &J 1 Phone Number(sl: 4 4—•8 a a• I ___....._ _ _....r..,.-..,.....,..... r. ..��..�.+eon.crT aanangal/RFOI IFST FOR COMMENTS - IW04/98 07:51 FAX 503 6403525 UNIFIED SEWERAGE AGENCY 1e]002 fli (.4 „,, UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY MEMORANDUM DATE: September 3, 1998 TO: Mark Roberts, City of Tigard FROM: Julia Huffman, USA J, SUBJECT: Summer Creek Wetlands and 100-Yr Floodplain Enhancement Project, SLR 98-0008 • 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 is required for any work in the creek. 155 North First Avenue, Suite 270, MS 10 Phone: 503/648-8621 441, REQUEST FOR COMMENTS CITY OF TIGARD _ Community(Development S RECEIVED F'L�CI Better Community DATE: August 21,1998 AUG 2 8 1998 TO: John Roy,Property Manager/Operations Department 'l _ CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT:I jar Mark Roberts,Associate Planner Phone:[5031 639-4171 Fax:[5031 684-7297 RE: SENSITIVE LANDS REVIEW(SLR)98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT A request for Sensitive Lands Review approval to enhance wetlands and perform landform alterations within the 100-year floodplain. LOCATIONS: The subject parcels are located on the west side of SW 121st Avenue, east of Mary Woodward Elementary School, north of SW Katherine Street and south of SW Merestone Court. WCTM 1 S134CB, Tax Lot 03801; and WCTM 1 S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50 and 18.84. 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: (MONDAY - AUGUST 31,19981. You may use the space provided below or attach a separate letter to return your comments. 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: �D /1 `!c 1S .7/� e D/L eibuy Cf '/f1VA, 111,WAIIMMIP.) 4101/1111 4 ��IL�s,i'��.'�r�//7�i►�!!�i��rii,� �y�ar'r�i•/�s�.'iT3�;�!-�:�1.�� . 44 ►► (Tease provide the following information)Name of Person(sl Commenting: (, I Phone Number(s): j 3 SLR 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT PROPOSAL/REQUEST FOR COMMENTS 44, REQUEST FOR COMMENTS V CITY O TIGARD Community Devetpment Shaping Better Community DATE: August 21,1998 RECEIVED PLANNING TO: US Army Corps.of Engineers AUG 2 8 1998 FROM: City of Tigard Planning Division STAFF CONTACT: Ifloiks,Associate Planner Phone:15031639-4171 Fax:15031684-7291 RE: SENSITIVE LANDS REVIEW(SLR)98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT A request for Sensitive Lands Review approval to enhance wetlands and perform landform alterations within the 100-year floodplain. LOCATIONS: The subject parcels are located on the west side of SW 121st Avenue, east of Mary Woodward Elementary School, north of SW Katherine Street and south of SW Merestone Court. WCTM 1 S134CB, Tax Lot 03801; and WCTM 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50 and 18.84. 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: (MONDAY - AUGUST 31,19981 You may use the space provided below or attach a separate letter to return your comments. 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: , / / I / r -419 (al) -/c5 c_to-)e..24_e_ad V r / (Please p ovrcfe the foQowing information)Name of Persons)Commeel 'nu: A Phone Numberfst: S- / SLR 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT PROPOSAL/REQUEST FOR COMMENTS • REQUEST FOR COMMENTS - CITY OF TIGARD Community(Development RECEIVED PLANNINE�ihapingA(Better Community DATE: August 21,1998 AUG 2 8 1998 TO: Michael Miller,Operations Utility Manager CO OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts,Associate Planner Phone:[5031639-4171 Fax:[50316847297 RE: SENSITIVE LANDS REVIEW[SLR)98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT A request for Sensitive Lands Review approval to enhance wetlands and perform landform alterations within the 100-year floodplain. LOCATIONS: The subject parcels are located on the west side of SW 121st Avenue, east of Mary Woodward Elementary School, north of SW Katherine Street and south of SW Merestone Court. WCTM 1S134CB, Tax Lot 03801; and WCTM 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50 and 18.84. 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: (MONDAY - AUGUST 31, 1998). You may use the space provided below or attach a separate letter to return your comments. 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 provide the foffcrwing information)Name of Person's)Commenting: Phone Number's): kc--- SLR 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT PROPOSAUREQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OFTIGARD Community(Development Shaping cBetterCommunity DATE: August 21,1998 TO: David Scott,Building Official FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts,Associate Planner Phone:[5031639-4171 Fax:[503)684-7297 RE: SENSITIVE LANDS REVIEW[SLR)98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT A request for Sensitive Lands Review approval to enhance wetlands and perform landform alterations within the 100-year floodplain. LOCATIONS: The subject parcels are located on the west side of SW 121st Avenue, east of Mary Woodward Elementary School, north of SW Katherine Street and south of SW Merestone Court. WCTM 1 S134CB, Tax Lot 03801; and WCTM 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50 and 18.84. 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: (MONDAY - AUGUST 31,19981 You may use the space provided below or attach a separate letter to return your comments. 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: 1 1 ` 0,4-C TN- 4 C eAk'c\r • t v A\ \ `(\: SA'c.K�P\� 5\oj�1 Vii _ ... - . .. ♦ •� • J 4 (case pravufe the following info>~nnation)Name of Person[sl Commenting: (x� ) I Phone Number(s): ) SLR 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT PROPOSAL/REQUEST FOR COMMENTS h " ■04i OE Talwavaill E). il, il ow T . 11i� :k �� ii ., ■I ``�, ' � iIiiIiu 1 . rr ilia d ■n∎ ■II PliI;E 1 Zi1 Z Summer Lake � O Park _IP g *46A♦ �# .,, z 8 41,ui.uii .rojec /11,111 .p Z • IIIIIIII * 7 illA ‘111M111111 NV 15 to ■■■. z 111111111111 ak. 4ininsok,1■■■■� *AIM Projeitiii• Q. � _ Site 112 ar a „, 111111111 < 1Q *"- Ill Mary Woodward 711111 (9■iij ■� Elementary H iima Ile' viabilhal mg& m % >- Tai e- wils wi School rn 0 man mont mill E it gT Ewe Mork talon av 1 1 • am v ■ flt 1 ortio Will. I I \ City of SummercreeTigard k Wetlands Vicinity Map N and 100-Year FloodplaIn Enhancement Project SLR 98-0008 j - I 14 Z 0 \ � Summer Creek Wetland Enhancement o Site Map A Z \‘. \\v , z 'X 1 Q ., . .. Imulikk-i,,rN4).-c-N7,-\-- _.. ._ I iii.4:„.___ ...... . .. ..i__,. ,,3:0" .....,. \ \ 4c7; re ` _ ti`s ---•• SW MERESTONE L i. r Q o- - = 555' i v: U • / Mary Woodward Elementary School • SITE PLAN City of Tigard Summercreek Wetlands and 100-Year Floodplain EXHIBIT MAP Enhancement Project SLR 98-0008 j I - V 4 REQUEST FOR COMMENTS CIT CITY OF Community(Development Shaping Better Community DATE: August 21,1998 TO: Brian Rager,Development Review Engineer FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts,Associate Planner Phone:[5031639-4171 Fax:[5031684-7291 RE: SENSITIVE LANDS REVIEW(SLID 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT < A request for Sensitive Lands Review approval to enhance wetlands and perform landform alterations within the 100-year floodplain. LOCATIONS: The subject parcels are located on the west side of SW 121st Avenue, east of Mary Woodward Elementary School, north of SW Katherine Street and south of SW Merestone Court. WCTM 1S134CB, Tax Lot 03801; and WCTM 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50 and 18.84. 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: (MONDAY - AUGUST 31, 1998). You may use the space provided below or attach a separate letter to return your comments. 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: • (ease provick the foflowing information)Name of Persons]Commenting: (3 ,- 2 1 I Phone Number(sl: SLR 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT PROPOSAL/REQUEST FOR COMMENTS _____ Pm°0 �.V/1f Oliammer,45)``� iuiiu-vIiI.I I/ 1h, III •'i 11 IIIPi1 ) T - z Summer Lake r i� O from �illlIIII N Park Mall (n \1 III i&v >0 w a z r I .R N le#b_ V I� 'J / 'rojec / Z 411Mi to / Ma z II‘ 4Ii.'i► \ ■! ,I S �X IIAIIIII jIIIlii%b. ■��1 site , -� a -1," 11111111111 ce '� iii -� Mar Woodward ('� " ■■ . 11 . Elementary F- Illua 1111 air 7 Scho ol LL awe a aIL1Li 11111 1111111111111II11PAPO MININ �1� frin � ST �- M U PIN:Wm 91111 City of Tigard Summercreek Wetlands Vicinity Map and 100-Year Floodplain Enhancement Project SLR 98-0008 1 4., z 0 • Cn \ > ■ tz:7cs. .? \ Summer Creek Wetland Enhancement 0 Site Map ♦^ --\ Z \ 7 \\ 4,0. /\ +L �` \ Z CA mml `,111 _ �•�� > To Ce SW MERESTONE Ci. a`��`�_ � V``'/ 480+ i/ ,. \ ■ 555` // U ■ / Mary Woodward Elementary School SITE PLAN City of Tigard Summercreek Wetlands and 100-Year Floodplain Enhancement Project EXHIBIT MAP SLR 98-0008 A AFFIDAVIT OF MAILING A` CR Y OF F I TIG ARD Community(Development SfiapingA Better Community ST/TA OF OlaGON ) County of Washington )ss City of Tgard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tgard, Washington County, Oregon and that I served the following: (Check Appropnate Box(s)Below) NOTICE OF DECISION FOR:i AMENDED NOTICE (File No/Name Reference) City of Tigard Planning Director NOTICE OF PUBLIC HEARING FOR: . • I AMENDED NOTICE (File No/Name Reference) (Date of Pubic Hearing) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council © NOTICE OF FINAL ORDER FOR: SLR 98-0008/SUMMER CREEK WETLANDS ENHANCEMENT PROJECTI9/28/98 AMENDED NOTICE (File No/Name Reference) (Date of Public Hearng) City of Tigard Planning Director 0 Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF: (Type/Kind of Notice) FOR: . I (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 NOTICEIS) 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 9 day of October,19987arid deposited in the United States Mail on the 9 day of October,1998, postage prepaid, V ld�I�ti�/L!� Gad re (Person at Prepared N Subscribed and sworn/affirmed before me on the 4 I day of ex'hA7LGt•lA , 197-r f••1 , OFFICIAL SEAL Ct It -/ . 1 41 --&-) if ' DIANE M JELDERKS NOTARY PUBLIC OF OREGOI/ a .. • NOTARY PUBLIC-OREGON MY COMM COMMISSION SEPTEMBER 142 My Commission Expires: 9/7/4, MY COMMISSION EXPIRES SEPTEMBER 07.1999 EXH I ,‘ .4''!_i' - 12.0 DAYS = 11/25/98 CITY OF TIGARD Community Deve(opment ShapingA Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Number(s): SENSITIVE LANDS REVIEW (SLR) 98-0008 Case Name(s): SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Name of Owner: Various Owners (See attached Final Order) Name of Applicant: City of Tigard Address of Applicant: 13125 SW Hall Boulevard City: Tigard State: Oregon Zip: 97224 Location of Property: West side of SW 121st Avenue. east of Mary Woodward Elementary School. north of SW Katherine Street and south of SW Merestone Court. Tax Map & Lot Nos.: WTCM 1S134CB. Tax Lot 03801: and WCTM 1S134CC, Tax Lots 00900, 01000. 01100, 01200, 01300, 01400, 01500, 02000 and 05000. Request:-- AT THE SEPTEMBER 28, 1998 PUBLIC HEARING, THE HEARINGS OFFICER APPROVED, SUBJECT TO CONDITIONS, a request for Sensitive Land Review approval for a water resources enhancement project. The project area is a lineal corridor of approximately 6.5 acres within a series of open space tracts of approximately 14 acres. Landform alterations involving 10,100 cubic yards is proposed with some 8,500 cubic yards of soil to be removed. The applicant proposes to construct a channel for Summer Creek through the site with two channel restrictions to force summer flows into newly created ponds and wetlands. Planting of native trees, shrubs, marsh and grass plantings are also proposed to establish wetlands and reduce water temperatures. Zone: R-4.5; Residential, 4.5 units per acre. The R-4.5 Zoning District permits standard urban, low density residential home sites. A portion of the site is also zoned Planned Development which allows for innovative building techniques to more efficiently utilize property. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.80, 18.84, 18.85, and 18.100. 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: OCTOBER 9, 1998 THE DECISION SHALL BE FINAL ON MONDAY-OCTOBER 19,1998,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 OCTOBER 19,1998. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. SLR 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an application by the City of Tigard for sensitive ) FINAL ORDER lands review for approval of a water resources enhancement ) project within a Sensitive Lands/Wetlands area in the ) SLR 98-0008 Summer Creek corridor in the City of Tigard,Oregon ) (Summer Creek Wetland) I. SUMMARY The City of Tigard(the"applicant")requests sensitive lands review approval for landform alterations and related construction work within a Sensitive Lands/Wetlands areas in the Summer Creek corridor. The applicant proposes to construct a water resources enhancement project on the site. The applicant will construct a series of wetlands and ponds and a new"low-flow"channel for Summer Creek. The applicant will construct two channel restrictions within the new creek channel to direct summer flows into newly created ponds and wetlands. The applicant proposes to plant native trees,shrubs and grasses within the created wetlands. The applicant will excavate roughly 10,100 cubic yards of soil on the site. Roughly 8500 cubic yards will be disposed off-site. The remainder will be used to construct the low flow channel and ponds. The project will affect ten properties within the City of Tigard. The applicant owns five of the affected properties. The remaining properties are privately owned. A duly noticed public hearing was held on September 28, 1998 to review the application. City staff recommended approval. The applicant accepted the staff recommendation without objections. Three area resident testified with questions about the project. The hearings officer approves the sensitive lands review as provided herein. H. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the fmdings about the site and surroundings in Section III of the City of Tigard Staff Reported dated September 21, 1998 (the "Staff Report"), and the City Staff and agency comments in Sections V and VI of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section IV of the Staff Report. IV. HEARINGS AND RECORD 1. Hearings Officer Larry Epstein (the "hearings officer")received testimony at the public hearing about this application on September 28, 1998. The record closed at the conclusion of the hearing. The testimony is included herein as Exhibit A(Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. 2. At the hearing,city planner Mark Roberts summarized the proposed enhancement project, the Staff Report and the applicable approval criteria. a. He testified that the applicant owns the majority of the project area. The applicant will need to obtain construction and conservation easements from the owners of affected private properties. Hearings Officer Final Order SLR 98-0008(Summer Creek Wetland) Page 1 b. In response to a question from the hearings officer he agreed that the proposed project is a"utility", i.e., a stormwater management facility. c. He noted that the applicant accepted the Staff Report and recommended conditions of approval without objections or corrections. The applicant chose not to appear at the hearing. d. He testified that City plans call for a bike path through the Summer Creek corridor. However the applicant did not propose a path as part of this project. He testified that the City cannot require the applicant to provide a path,because this project will not create any additional trips on the City's transportation network. 3. David Lawrence, Ed Gallaher and Patricia Newth, owners of property in the project area, testified in support of the project. However they expressed concern about the scope and nature of the required conservation easements. They questioned how the easement would restrict their use of their properties. The easement has not been presented to them for review, and it is not part of the record. a. Mr. Lawrence testified that he owns the property at 12150 SW Merestone Court. He argued that the proposed project should not include a pedestrian/bike path. He argued that the bike path should not be included in the conservation easements. b. Mr. Gallaher, 12140 SW Merestone Court, argued that a bike path through the site would violate CDC 18.84.040(A)(5), because it would be below the elevation of the average annual flood. c. Mrs. Newth, 12180 SW Merestone Court, questioned whether the conservation easement would allow construction of a bike path,among other issues. V. DISCUSSION 1. The hearings officer generally concurs in the analysis and conclusions offered by city staff; to wit, the application shows that the proposal does or can comply with the applicable standards and criteria for sensitive lands review, and adoption of recommended conditions of approval will ensure final plans are submitted consistent with those criteria and standards and will prevent,reduce or mitigate potential adverse impacts of the project consistent with the requirements of the CDC. The hearings officer adopts the findings and conclusions in the Staff Report as his own except as otherwise expressly provided herein. 2. The discussion in the Staff Report generally is complete and responsive to the applicable approval criteria. However the following additional finding is warranted to be more responsive to one of the criteria. a. CDC 18.84.040(A)(2)provides that land form alterations or developments within the 100-year floodplain in areas designated residential are limited to those"[a]ssociated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code..." The analysis in the Staff Report concluded the project is consistent with this section because"[t]he proposed land form alterations are not for the purpose of reclaiming current floodplain areas." The hearings officer finds that is not responsive to the standard. The hearings officer further finds that the proposed project is a utility, i.e., a stormwater management facility. Therefore the hearings officer fords that the project is permitted by CDC 18.84.040(A)(2) as a utility as defined by CDC 18.42. Hearings Officer Final Order SLR 98-0008(Summer Creek Wetland) Page 2 • 3. The owners of affected properties expressed concerns regarding the scope of the required conservation easement. a. Portions of this enhancement project will occur on private property. The applicant must obtain permission from the owners of these properties to develop the project. The applicant must obtain conservation easements to ensure that existing and future property owners will retain the created wetlands in their enhanced state. b. The scope of the conservation easements will depend on the language of the easement document. The applicant must obtain conservation easements before it can proceed with the project. The owners of affected properties must volunteer to grant the easement.' Therefore the owners of affected properties have the power to influence the scope of the easement, i.e. whether the easement includes a bike path, who is responsible for maintaining the enhancement area, etc. The owners of affected properties should read the text of the easement and consult competent legal counsel to advise them before signing the easement. 4. City plans call for a bicycle path along the Summer Creek floodplain. However the applicant did not propose a bicycle path as part of this project. The proposed development will have no impact on the City's transportation infrastructure. Therefore a condition of approval requiring the applicant to construct a bicycle path would exceed the impact of the proposed development, and the City cannot require the applicant to provide a path consistent with the US Supreme Court decision in Dolan v. Tigard. If a bicycle path is proposed in the sensitive area in the future,it may require a new application for sensitive lands review. The decision is this case does not authorize landform alterations that may be necessary for a bicycle path. VI. CONCLUSION AND DECISION 1. Based on the findings adopted and incorporated herein, the hearings officer concludes that the proposed sensitive lands review complies with the applicable criteria and standards of the Community Development Code,provided development that occurs after this decision complies with applicable local, state, and federal laws. 2. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of affected public agencies and testimony and exhibits received in this matter,the hearings officer hereby approves SLR 98-0008, subject to the conditions of approval in Section II of the Staff Report. D •TED this 7th day of •.. ber, 1998. 4114 IA/ / 4 Larry Eps • C City of Ti:.. . H• ngs Officer 1 The City cannot require owners to provide an easement,short of condemnation,and the City is unlikely to exercise its condemnation power in this case. Hearings Officer Final Order SL8 98-0008(Summer Creek Wetland) Page 3 Agenda Item: 2.3 Hearing Date: September 28, 1998 7:00 PM F __ _ STAFF REPORT TO THE HEARING'S OFFICER THE CITY OF TIGARD,OREGON CITY OF TIGARD Community(Development Shaping Better Community 120 DAYS = 11/25/98 SECTION I. APPLICATION SUMMARY CASE: FILE NAME: SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Sensitive Lands Review SLR 98-0008 PROPOSAL: The applicant has requested Sensitive Land Review approval for a water resources enhancement project. The project area is a lineal corridor of approximately 6.5 acres within a series of open space tracts of approximately 14 acres. Landform alterations involving 10,100 cubic yards is proposed with some 8,500 cubic yards of soil to be removed. The applicant proposes to construct a channel for Summer Creek through the site with two channel restrictions to force summer flows into newly created ponds and wetlands. Planting of native trees, shrubs, marsh and grass plantings are also proposed to establish wetlands and reduce water temperatures. APPLICANT: City of Tigard OWNER:City of Tigard 13125 SW Hall Boulevard 13125 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223 OWNER: Larry and Patricia Newth OWNER: Bradley & Jennifer Bernard 12180 SW Merestone Ct. 12170 SW Merestone Ct. Tigard, OR 97223 PO Box 23608 Tigard, OR 97281 OWNER: Charles and Beryl Jean Wiesman OWNER: Gregory Paul Shantz 12160 SW Merestone Ct. 6009 SW 33rd Place Tigard, OR 97223 Portland, OR 97210 OWNER: Edward and Janet Gallher OWNER: David and Teresa Gooley 12140 SW Merestone Ct. 12130 SW Merestone Ct. Tigard, OR 97223 Portland, OR 97210 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1-5 dwelling units per acre. ZONING DESIGNATIONS: R-4.5; Residential, 4.5 units per acre. The R-4.5 Zoning District permits standard urban, low density residential home sites. A portion of the site is also zoned Planned Development which allows for innovative building techniques to more efficiently utilize property. LOCATION: The site is a portion of Summer creek west of SW 121st Avenue, south of the Merestone Subdivision, north east of Mary Woodward Elementary School and east of the Capstone Subdivision. WCTM 1S134CB, Tax Lot 03801; WCTM 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.80, 18.84, 18.85, and 18.100. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 1 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT SECTION II. STAFF RECOMMENDATION The Planning Division recommends that the Hearing's Officer find that the proposed project will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local, state and federal laws. Therefore, staff recommends APPROVAL subject to the following recommended conditions of approval: CONDITIONS OF APPROVAL PRIOR TO COMMENCEMENT OF WORK, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:(The staff contact shall be Mark Roberts, Planning Division 639-4171.) 1. The applicant shall obtain a tree removal permit prior to removal of trees. 2. The applicant shall provide a copy of all required Division of State Lands and Army Corps of Engineers Permits. 3. The applicant shall provide copies of recorded construction and conservation use easements for the current owners of Tax Assessor Parcels 1S134CC, Tax Lots 01000, 01100, 01200, 01300 and 01400. Alternatively, the applicant may provide another satisfactory method of demonstrating agreement to allow the proposed work to commence on the affected adjoining properties. The applicant will also need to provide copies of the property deeds and demonstrate that no deed restriction exists for the proposed conservation use. 4. The applicant shall obtain a SIT Permit from the Building Department and monitoring shall be provided by a consulting Civil Engineer to assure grading is completed in accordance with the approved plan. STAFF CONTACT: Jim Funk or Bob Poskin, Building Division. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: The majority of the subject property was set aside at the time of development of the adjoining Capstone Subdivision, the Ye Olde Windmill Subdivision and the Merestone Subdivision. This area contains streams, wetlands and is within the 100-Year Floodplain Area. Vicinity Information: Adjoining properties are primarily developed with detached single family residences. The affected properties are primarily owned by the City of Tigard as Open Space Tracts. Certain adjoining properties that presently contain pond areas are proposed to contain enhanced wetland's areas. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 2 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Site Information and Proposal Description: The water resources enhancement project has been proposed in part because several • years ago neighboring property owners reinforced an existing beaver dam to create a pond on the subject property. The dam has since been removed. The enhancement project will establish smaller ponds adjacent to the neighboring properties as a resource amenity and establish wetlands as a water resource enhancement. Although the combined acreage of all the open space tracts in this area is approximately 14 acres, the project area is a lineal corridor of approximately 6.5 acres. After completion of grading work shrubs, marsh, grass and 350 native tree plantings are proposed to establish wetlands within this portion of the creek. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Underlying Zoning: The proposed enhancement area has zoning designations of R-4.5 and R-4.5 (PD). Because the applicant is not proposing to establish a community recreational facility but instead to enhance water resources in this area, the proposed enhancements are a permitted use subject to approval of a Sensitive Lands Review. Based on the exception provided in Section 18.80.015(C), the Planned Development Zoning Overlay over a portion of the subject property does not require that the proposed Sensitive Land Review be conducted by the Planning Commission as a Planned Development Review. Sensitive Lands: Section 18.84 contains regulations for lands within 100 year floodplains, wetlands and drainageways that are subject to Sensitive Lands Review. Sensitive Lands Review of proposed developments in these areas is intended to implement protection measures and to protect rivers, streams and creeks by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitat, and preserving scenic quality and recreational potential. Floodplain: Section 18.84.040(A) states that the Hearings Officer shall approve or approve with conditions an application for landform alterations within the 100-year floodplain based upon findings that the applicable criteria have been satisfied. The 100-year floodplain is impacted by the proposed sewer rehabilitation project as shown within the application materials. The following findings are applicable to address impacts of this proposal on the 100-year floodplain: Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary. The applicant proposes to perform land form alterations with 10,100 cubic yards of soil. A total of 8,500 cubic yards of soil would be hauled out of the site. The remaining 1,600 cubic yards of soil would be reused to construct a low flow channel and two rock channels through the site that would force summer storm drainage flows into the newly established wetlands. The applicant also discusses that 20 cubic yards of fill will be imported as compaction material underneath the proposed rock diverter devices. Because a substantial amount of existing material, including an illegal dam are proposed to be removed this work will not result in a rise in the floodway. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 3 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards. Although the affected properties are designated for residential use, the proposed land form alterations are not for the purpose of reclaiming current floodplain areas. For this reason the proposed landform alterations are permitted within residentially zoned property subject to approval of the proposed Sensitive Lands application. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood. Upon completion of this project the applicant has proposed to remove approximately 8,500 cubic yards of soil that will result in a reduction in the current floodplain elevations through the affected properties. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearing Officer as untimely. The City's Park Master Plan states that a trail is to be built through this open space area. However, dedication of areas for a bicycle and pedestrian pathway is not necessary because the majority of this property is already owned by the City. The City has not proposed to construct a pathway at this time due to security concerns raised by area residents. Because the project is an enhancement of existing water resources and not new development that would create new vehicle or pedestrian trips on the system, a requirement that the trail be constructed is not considered roughly proportional to the impact of the project. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. For the reasons discussed previously, it is not necessary to require right-of-way dedication and construction of a pathway is not roughly proportional to the impact of the proposed enhancement project. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. A copy of the required permits shall be provided to the City prior to commencement of construction. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. For the reason mentioned above, it is not necessary to require right-of-way dedication for a bicycle/pedestrian way. Construction of a pathway also cannot be required because of the type of enhancement project that is proposed. Drainageway: 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 the drainageways. The following criteria must be satisfied: 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 4 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT The extent and mature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; The proposed work that will alter the existing land form contours and, therefore, meets the definition of a landform alteration. The Community Development Code defines a landform alteration in part as, "any man-made change to improved or unimproved real estate, including but not limited to the following: the addition of buildings or other structures, mining quarrying, dredging, filing, grading...(ect)..within an area of special flood hazard". Based on this definition, this standard applies to this proposal but is found to be met because the applicant is proposing to establish new contour elevations that will create wetlands through the site. Proposed native plantings are also proposed to establish these areas as wetlands. The limit of work is entirely within areas affected by the illegal dam that was constructed. 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 of property; As required by the Joint Division of State Lands and Army Corps of Engineers Permit, the applicant has proposed to conform with seasonal project timing issues and the Unified Sewerage Agency Erosion Control standards. The water flow capacity of the Drainageway is not decreased; The applicant has proposed to enhance existing water flow capacity of the drainageway to a condition that is better than the current condition through the removal of the existing illegal dam, removal of soils and through contour elevation revisions. 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 has provided a vegetation plan that is designed to establish native species in this area. In addition the applicant has proposed to reintroduce native tree plantings for the purpose of reducing water temperatures. 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 1981 CH2M Hill Master Drainage Study concerned existing and needed improvements to Citywide storm drainage facilities. Because the proposed project does not replace a drainageway with a public storm drainage facility this standard is not applicable. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. The applicant is currently in the process of obtaining the necessary permits. A Condition of Approval has been recommended requiring a copy of these permits prior to commencement of construction activity. 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. Because these properties are already owned by the City right-of-way dedication is also not necessary. The applicant has not proposed to construct a bicycle/pedestrian pathway as part of the enhancement work due to security concerns raised by adjoining property owners. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 5 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Wetlands: Section 18.84.040(D) states that the Director shall approve or approve with conditions an application request for sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland. The proposed landform alteration is within 25 feet of wetlands designated as significant within the City's Water Resources Overlay which designates significant wetlands within the Comprehensive Plan. However, Section 18.85.050(C) of the Water Resources standards provide a City of Tigard exemption of enhancement projects such as the proposed project. For this reason, this standard is considered to be met. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use. The applicant has proposed to create a system of ponds and wetlands in this area in order to improve the quality of water resources within this area. The applicant has also proposed create a more defined stream channel for Summer Creek through this area. The proposed limit of work is dictated by available finances and the fact that this entire corridor has similar existing contour constraints that limit available areas for the creation of wetlands. All of the proposed grading work is necessary to create the proposed series of wetlands and ponds through this corridor. For this reason, no additional disturbance has been proposed beyond what is necessary for the proposed enhancement project. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated. Off-site drainage will not be affected by this proposal, upon completion of the proposed cut and fill work the applicant has proposed to plant native plantings in order to establish wetlands. Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening. The applicant provided a replacement planting list for areas that would be established with wetlands. All other sensitive land's requirements of this chapter have been met. The applicable sensitive land's requirements have been addressed elsewhere within this report. The provisions of Chapter 18.150, Tree Removal, shall be met. The applicant has proposed to remove two existing trees that are over 12 inches in diameter but to replace these with 356 Oregon Ash, Red Alder, Scoulers Willow, Sitka Willow, Redtwig Dogwood and Douglas Spirea. The applicant is required to obtain a tree removal permit prior to removal of any trees that are located within Sensitive Lands Areas as required by Section 18.150.030. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. These policies are implemented by the applicable standards of the Community Development Code that are addressed elsewhere within this staff report. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 6 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Water Resources Overlay: Section 18.85.050 exempts certain types of project from review under the City's Water Resources Overlay Standards as follows: When performed under the direction of the City and in compliance with the provision of City of Tigard standards and specifications on file in the Engineering Division stream and wetlands restoration and enhancement projects are exempt from Water Resources Permit requirements. SECTION V. OTHER STAFF COMMENTS The Building Division reviewed this proposal and offered the following comments: It appears that work will occur on non-steeply sloping areas. Some work appears to fall on private lots. Building Department will require a SIT Permit and monitoring by the Civil Engineer to assure grading is completed in accordance with the approved plan. Note: A Condition of Approval has been required to this effect. The Operations Division reviewed this proposal and offered the following comments: No mention is made of any conservation easements related to the private properties. There is also no mention of covenants or deed restrictions related to the properties. How can we be assured that the property owners existing and future will leave this area in its enhanced state that portion on their private properties? Note: A Condition of Approval has been recommended that requires that the applicant provide construction and conservation easements. The applicant will also need to provide copies of the property deeds and demonstrate that no deed restriction exists for the proposed enhancement work. No other comments or objections have been received. SECTION VI. AGENCY COMMENTS The Division of State Lands reviewed this application and offered the following comment: This project is currently being reviewed under Permit Application Number GA 15599. No decision has been made to date and there are concerns about the depth of excavation and weir structure proposed in the project. The United States Army Corps of Engineer reviewed this application and offered the following comment: This project as designed does not qualify under the regional Wetland Enhancement Regional Permit. If the applicant does not want to change the design, an application for an individual permit will be required for the project to proceed through the permitting process. Note: A Condition of Approval requiring all necessary Division of State Lands and Army Corps of Engineers Permits has been required. 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 7 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT The Unified Sewerage Agency reviewed this application and offered the following comment: This site contains floodplain and floodway designations. Grading within the floodplain/floodway shall be done in such a manner as to preserve the flood storage and conveying area without effecting any upstream or downstream properties in accordance with R & 0 96-44. A Division of State Lands Permit is required for any work in the creek. No other comments or objections have been received. 47.AR September 21, 1998 PRE ED BY: ark Robert DATE Associate Planner September 21, 1998 APPROVED BY: Richard Bew rsdorff DATE Planning M nager i:ICURPLN\MARKR\SLR\SLR98-08.DEC 9/28/98 HEARING'S OFFICER STAFF REPORT PAGE 8 OF 8 SLR 98-0008-SUMMER CREEK WETLANDS ENHANCEMENT PROJECT A • AT, • 2 0 f M) Q 2 ua Eottancemelt 5u�me1 C* s;te Map . 4' 1 C6 ...dir ,/`\I i ' ), -\.„.\::‘ -,..y.S6 _ , N 3„ woo N • .. - \ tiy o' \ � '- rte..tilf : '� ` tet• ti ' . � , .------- ' ` %'/ „� -/"% ' ..rte ..� \NUt\\ A�'� 555 e _ - r d `Vioo C°e a1 r � S Oeme T% etiands Gcceek woad Va�n )4 sum 0:41 ear to eel and" entP m 01°14 e LR 9$QOOs 10 t*IIISIal 14 f I- + CITY of TIGARD R .� G mA � ■,r'■L - -TI�. • ± OEOORAPNIC IMFORYATION sY 1ii1IPUIwIA_.�O D AKOTA UI niiii � in1� ■111111■ Mb! VICINITY MAP `�, ■■,IIIIIIII,- ' NI O ITH DAKOTA ST I I i EDGEWATER MI��y [ n n Summer Park Lake I= :miuiirii ' „HE,GHTS ■ D_ sor SLR 98 0008 Illp 1IRIIIR (I 0) suB,EC ♦ �i ■MMER PARCELS • �■ � . \ 'P . ■■�IL- ♦ �i Summer Creek ,� iUII IIIItdt441 Enhancement • Ali: x t . \� ■■■off ♦ Project it. 0 i 0J OR y TE a Cj " ` \ Li 0 k Imo 1 —..,:i IIII!!IIIIU 1 �\� =LI� , •■ice i� MEIe Woodward -- W mentary $x3 ■ \-'■ii1 �� SCI10ol _ VIM nommummummm. .k : ..ER. ,.�- -�.-m TEA �■■■■■ ■ 1■ ice am _ 1 ono ■, li ■■ ■ we* vim �.■■■ ■ 0 ma ~ 400 600 Fast. ■■■, t 410 fest sit or I ■ pw City of Tigard ". ittili �y L.7:-on Mis map b fa general��^ . vent ed with the Development Servi es Division. • ., ' 13125 SW Hall aNd nip '• . 4411 N �SW il41 l iard,OR 97223' ' .• . ^VV ■. (303)6394111 ,'` - ._�� A`� -∎l� MEd LI 111.1=151 ■11 http://www.d.tgeM.or.us Community Development Plot date:Aug 21, 1998;C:lmagic MAGlCO2.APrR LXHI .3 Larry & Patricia Newth NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER 12180 SW Merestone Court Hearing Date:9/28/98 Tigard, OR 97223 [Page 1 of 11 • i:\curpin\setupllabels\s1r98-08.Ibs Charles and Beryl Jean Wiesman SLR 98-0008 12160 SW Merestone Court Tigard, OR 97223 SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Edward and Janet Gallaher 12140 SW Merestone Court Tigard, OR 97223 Bradley and Jennifer Bernard 12170 SW Merestone Court PO Box 23608 Tigard, OR 97223/97281 David W. Lawrence 12150 SW Merestone Court Tigard, OR 97223 4-NOTE: Planning Assistant noted at time of Notice of David and Teresa Gooley Final Order that the address for David and Teresa 12130 SW Merestone Court Gooley is incorrect on proposal and staff report. Public Portland, OR 97210 Hearing Notice was sent to address directly to left. David and Teresa Gooley (-Notice of Final Order mailed to David and Teresa 12130 SW Merestone Court Gooley at original address and corrected address as Tigard, OR 97223 shown directly to left. AFFIDAVIT OF MAILING CITY OFTIGARD Community(Development Shaping Better Community STA(iek, OAF OWTGON ) County of Washington )ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of'igard Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Below) NOTICE OF DECISION FOR: AMENDED NOTICE (File No./Name Reference) City of Tigard Planning Director © NOTICE OF PUBLIC HEARING FOR: H SLR 98-0008-SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT 19/28/98 AMENDED NOTICE (File No/Name Reference) (Date of Public Hoanng) City of Tigard Planning Director © Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF FINAL ORDER NO. FOR: . AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing) k City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF: FOR: rf i 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 NOTICES) 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"; , . the 4 day of September 1998, and deposited in the United States Mail on the 4 day of September 1998, postage pr:paid. / . . lay, w/ (Pers at P -pa 'i otice) is Subscribed and sworn/affirmed bemire rite on the ) day of _ !!A! A &A• , 19_. c T�-, OFFICIAL SEAL /ent : DIANE M JELDERKS 002)1} I NOTARY PUBLIC-OREGON\; ;® COMMISSION NO 046142 NOTARY PUBLION MY COMMISSION EXPIRES SEPTEMBER 07,1999 My Commission Expires: V/ -aXIH . . !+L�r'�rflil, CITY OF TIGARD Community(Development Shaping A Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, SEPTEMBER 28, 199,AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO: SENSITIVE LANDS REVIEW[SLR) 98-0008 FILE TITLE: SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT APPLICANT: City of Tigard OWNER: City of Tigard 13125 SW Hall Boulevard 13125 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223 OWNER: Larry and Patricia Newth OWNER: Bradley and Jennifer Bernard 12180 SW Merestone Court 12170 SW Merestone Court) Tigard, OR 97223 PO Box 23608 Tigard, OR 97223/97281 OWNER: Charles and Beryl Jean Wiesman OWNER: Gregory Paul Shantz 12160 SW Merestone Court 6009 SW 33rd Place Tigard, OR 97223 Portland, OR 97210 OWNER: Edward and Janet Gallher OWNER: David and Teresa Gooley 12140 SW Merestone Court 12130 SW Merestone Court Tigard, OR 97223 Portland, OR 97210 REQUEST ➢ A request for Sensitive Lands Review approval to enhance wetlands and perform Iandform alterations within the 100-year floodplain. LOCATIONS: The subject parcels are located on the west side of SW 121st Avenue, east of Mary Woodward Elementary School, north of SW Katherine Street and south of SW Merestone Court. WCTM 1S134CB, Tax Lot 03801; and WCTM 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.84 and 18.85. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. SLR 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT PUBLIC HEARING NOTICE ASSISTIVE LISTENING DEVICES ARE AV 3LE FOR PERSONS WITH IMPAIRED HE/ THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGU ,NTERPRETERS AND QUALIFIED BILINGU, IERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION,OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER SEPTEMBER 4. 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 (250 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 MARK ROBERTS, ASSOCIATE PLANNER AT (503) 639- 4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD,TIGARD, OREGON 97223. 1111 I11\mO'h�4 111111111111∎'1 111111 • 111/ ■1111111111%■ .umni.■i..■. Lake "-.•IM i �■��I�,�\m�■�■ r Summer Pork .'I ■IIIIIIIIIII►�■ ■■■■1• I■Iuui ■ • — -'...... (10)SUBJEC '•-, ■ • PARCELS '.••''''`Y.■ • 0:* 4104. . .ilogir:41 r.No eV 1. \� •iiii .t� . ;.0., iift ,.��a1111 i.� Ipi , à�ESEE am I1 it -ig ma Mary Woodward \MI MI'M�' ��a� Elementary ,"""". ._:�� .A,1-_-..A. School IIP - i � i \01 ��1 WI M s �� i\iIAiII► /► / �� 1 �r■ IMMIIIIMMEMIll 1101011 111 affila III= MR NOM 9,4111 IIIM 111inp 424 11141111111:111m 1.1" I warn m . _cm 7 .......__ .. ,„,„„1,.___... I retz:gm: .-1 - -grin . arzirr. ro.0 mem IF willeiPAONN.N.IIIII .1 wag awn SE ••• 4■10611111 111111111111101 Pilif ni filar Al a g ® @ I1a M big Ito as, Av,„,or r, ...._,/ • ..,,otll '1111.4 kik alAir. All.,.....! selliMinail_5111:1111 SLR 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT PUBLIC HEARING NOTICE , Iof -7) 1S134CB-03300 1S134CB-03400 EXHIBIT B RENNO RICHARD L PAMELA JENSEN PAUL L&CAROLYN A 12390 SW SUMMER CREST DR 12420 SW SUMMERCREST DR TIGARD,OR 97223 TIGARD,OR 97223 1S134CB-03500 1S134CB-03600 OWENS THOMAS R&BONNIE L TRS BETTON KAY L 12450 SW SUMMERCREST DR 12480 SW SUMER CREST DR TIGARD,OR 97224 TIGARD,OR 97223 1S134CB-03700 1' 34CB-1.400 REYNOLDS STANLEY T PUBL OR GREENWAY 12510 SW SUMMER CREST DRIVE , • PORTLAND,OR 97223 1S1 .CB-0380 1S134CB-10100 GREEN 't DEDICATION TO THE PHAM HIEU D& PUBL • 12550 SW EDGEWATER CT , TIGARD,OR 97223 1S134CB-10200 1S134CB-10201 STANDRIDGE JAMES E&JILL K DONIVAN ETTA A 12454 SW EDGEWATER CT 12476 SW EDGEWATER CT TIGARD,OR 97223 TIGARD,OR 97223 1 S 134CC-00100 15 4CC-00 :S WASHINGTON COUNTY WASHI ON COUNTY 111 SE WASHINGTON MS42 111 S WA NGTON MS42 HILLSBORO,OR 97123 H SBORO,O' 97123 1S134CC-00101 1S134 --00102 KUHN HERMAN JOHN KUHN HER' ' JOHN 12145 SW MERESTONE COURT 12145 SW 'RES Z.• CT TIGARD,OR 97223 TIGARI •R 97223 1S134CC-00103 1S134CC-00104 HARRIS-INMAN RUTH ANN DAVIS MARY L AND ROBERT M 12185 SW MERESTONE CT 12165 SW MERESTONE CT TIGARD,OR 97223 TIGARD,OR 97223 1S134CC-00200 1S134CC-00300 KOPP KURT K/SUSAN KUHN HERMAN JOHN PO BOX 775 12145 SW MERESTON CT FOREST GROVE,OR 97116 TIGARD,OR 97223 1 S134CC-00400 1 S134CC-00500 VAN VACTOR JOHN W DAVIS MARY L AND ROBERT M 12155 SW MERESTONE CT 12165 SW MERESTONE CT TIGARD,OR 97223 TIGARD,OR 97223 Stie. (12-("eg JoI) ) 1S134CC-04900 134CC-050 : YEUNG AMY WAI-MAN TIGA'I • OF 50-16 ROBINSON ST 131 • S .ALL FLUSHING,NY 11355 GARD,O' 97223 1S134CC-05100 1 4CD-00 %' CAPSTONE OWNERS OF LOTS 6-11 TIGARD OF 11605 SW MANZANITA ST 13125 : - L TIGARD,OR 97223 TI •RD,OR 97223 1 S134CD-00200 1S134CD-00201 MCMONAGLE WILLIAM L AND BREMER ALAN G&CHRISTY 12555 SW HALL BLVD 11860 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 1S134CD-00300 1S134CD-00400 JEWELL GRANT E AND ASP JAMES A 11995 SW KATHERINE 18160 COTTONWOOD RD#432 TIGARD,OR 97223 SUNRIVER,OR 97707 1S134C0-03600 1S134CD-03700 ANDRESS DAVID PETER& DURRETT BARBARA P 11950 SW KATHERINE ST 11960 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 1S134CD-03800 1S134CD-04100 GROVER PETER M&MICHELE M TAN SUOR/SUNDARA 11990 SW 121ST AVE 11740 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 134 C D-04200 1 S 134CD-04300 PARRISH MARK S&JULIEANNE N HILL JUDY L F 2591 EATON DR 11680 SW 121ST MEDFORD,OR 97504 TIGARD,OR 97223 1 S134CD-04400 1S134CD-04500 NEWMAN ROBERT J&CHERYL L MARAIST DOUGLAS P/JUDY C 11650 SW 121ST AVE 11620 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 1S1 34C D-04600 1 S 134CD-05800 MILLER DANIEL A AND LINDA L AUGHENBAUGH KIMBERLY A 12050 SW SUMMERCREST DR 11715 SW SUMMERCREST DR TIGARD,OR 97223 TIGARD,OR 97223 1S134CD-05900 1S134CD-06000 WAGNER GREGORY C KOPF RICHARD D 6210 SW LAKEVIEW BLVD 11695 SW SUMMERCREST DR LAKE OSWEGO,OR 97035 TIGARD,OR 97223 SLR 6/24 1 CP9- 6 f ) 1 S 134 CC-02900 1 S 134CC-03000 BROWNELL MICHAEL J AND HUTSELL GARY&BONNIE R 11945 SW 122ND CT 11960 SW 122ND CT TIGARD,OR 97224 TIGARD,OR 97223 1 S 134CC-03100 1 S 134CC-03200 HOUSING AUTHORITY OF OSBO JAN D 111 NE LINCOLN ST#200-L 12000 SW 122ND CT HILLSBORO,OR 97124 TIGARD,OR 97223 1 S 134 CC-03300 1 S 134CC-03400 YEATTS IRENE H&MARGARET A HILLYER BRUCE A&LISA A 12307 SW KATHERINE 12492 SW WINTER LAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1 S 134CC-03500 1 S 134CC-03600 ZIELINSKI KRZYSZTOF/JADWIGA LULKIEWICZ JACEK AND URSZULA 12470 SW WINTER LAKE DR 12458 SW WINTERLAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1 S134CC-03700 1S134CC-03800 DEAHL BONNIE ZAPP MATTHEW A/BETTY L 12436 SW WINTERLAKE DR 12414 SW WINTERLAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1 S 134CC-03900 1 S 134 CC-04000 QUIGLEY THOMAS F KODAMA TOSHIAKI&MASAKO 12390 SW WINTERLAKE DR 12372 SW WINTERLAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1S134CC-04100 1S134CC-04200 GEBERT LEISSA M CASSERA DISRAELI AND VIRGI R 12354 SW WINTERLAKE DR 12336 SW WINTERLAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1 S 134CC-04300 1 S 134CC-04400 GORDON NANCY M WRIDGE RONALD S 12318 SW WINTERS LAKE DR 12399 SW WINTERLAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1 S 134 CC-04500 1 S 134CC-04600 SAMPLE KATHI A COUCH ALLAN F&LESLIE A 12405 SW WINTERLAKE DR 12421 SW WINTER LAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1S134CC-04700 1S134CC-04800 EICHENBERGER BRETT R/CATHERINE HATHAWAY BRIAN J&ANN MARIE 12443 SW WINTERLAKE 12465 SW WINTER LAKE DR TIGARD,OR 97223 TIGARD,OR 97223 (• SCL ac? af) (fry , /f e f 7) 1 S 134CC-00600 1 S 134CC-00700 LEWIS RUSSELL L AND HARRIS-INMAN RUTH ANN 12175 SW MERESTONE COURT 12185 SW MERESTONE CT TIGARD,OR 97223 TIGARD,OR 97223 1 S134CC-00800 1 S134CC-00900 CREEK DONALD W � NEWTH LARRY G AND 12190 SW MERESTONE CT 12180 SW MERESTONE COURT TIGARD,OR 97223 TIGARD,OR 97223 1 S 134CC-01000 1 S 134CC-01100 BERNARD BRADLEY S/JENNIFER L WIESMAN CHARLES R&BERYL JEAN PO BOX 23608 12160 SW MERESTONE CT TIGARD,OR 97281 TIGARD,OR 97223 1 S 134CC-01200 1 S 134 CC-01300 LAWRENCE DAVID WAYNE GALLAHER EDWARD J&JANET L 12150 SW MERESTONE CT 12140 SW MERESTONE CT TIGARD,OR 97223 TIGARD,OR 97223 1S134CC-01400 1 34CC-01 GOOLEY DAVID J&TERESA L TIGA'I ITY OF 4625 SW 42ND PLACE 13 S ALL PORTLAND,OR 97221 T GARD,O' 97223 1 S 134CC-01700 134CC-021 i0 SCHOOL DISTRICT#23 JT TIG' 'D • OF 13137 SW PACIFIC HWY 131 • HALL TIGARD,OR 97223 T ARD,O' 97223 1 S 134CC-02100 1 S 134CC-02200 CASTELOW CHARLIE T AND ROGOWSKI DUANE F&LENIS A 12315 SW KATHERINE 12313 SW KATHERINE ST TIGARD,OR 97223 TIGARD,OR 97223 1S134CC-02300 1S134CC-02400 YEATTS IRVINE H AND BLOORE PETER S&VIRGINIA 12311 SW KATHERINE ST 12309 SW KATHERINE ST TIGARD,OR 97223 TIGARD,OR 97223 1S134CC-02500 1S134CC-02600 LEE DON R&DIANE FENSTERMAKER ROBERT K/LINDA A 12307 SW KATHERINE 9890 SW RIVERWOOD LN TIGARD,OR 97223 TIGARD,OR 97224 1 S 134CC-02700 1 S 134CC-02800 MCDANIEL JUDITH C TERRY SUSAN BETH 11985 SW 122ND CT 11965 SW 122ND CT TIGARD,OR 97223 TIGARD,OR 97223 5tk 61-Y y) g (9 - 30 f7) 33DA-07200 1S133DD-03300 TIGA': I • OF FISHKIN LESTER I&JACQUELINE S 1312 : • 12611 SW BRIDGEVIEW CT ARD,OR 972 • TIGARD,OR 97223 1S133DD-03400 1S133DD-03500 SLETTA RONALD L&CAROLE M PATEL BIPINCHANDRA J&KUMUD 12599 SW BRIDGEVIEW CT 4801 N INTERSTATE AVE TIGARD,OR 97223 PORTLAND,OR 97217 1S133DD-03600 1S133DD-03700 GHIM YOUNGSOON& TOPP STEVEN W AND 12575 SW BRIDGEVIEW CT 12566 SW BRIDGEVIEW CT TIGARD,OR 97223 TIGARD,OR 97223 1 S 133D D-03800 151 33D D-03900 GUTHRIE DAVID J AND MARTHA A PAGET ALAN E& 12554 SW BRIDGEVIEW CT 12542 SW BRIDGEVIEW CT TIGARD,OR 97223 TIGARD,OR 97223 1S133DD-04000 1S133DD-04100 TAYLOR JOHN DAVID&JUDITH WILL CANNARD MARK E&LINDA F 12558 SW BRIDGEVIEW CT 11568 SW SHOREVIEW PL TIGARD,OR 97223 TIGARD,OR 97223 1 S133DD-04200 1 S133DD-04300 OSTERHOUT ADRIAN W&TERRY L KARR LEE W/MURIEL J 11574 SW SHOREVIEW PL 11581 SW SHOREVIEW PL TIGARD,OR 97223 TIGARD,OR 97223 1S133DD-04400 1S133DD-04500 MOLLAGHAFFARI MASSOUD& LOUIE MELVIN&MARY B 11577 SW SHOREVIEW PLACE 11561 SW SHOREVIEW PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 133D D-04600 1 S 133DD-06100 PROVANCHER RICHARD A&ANNETTE RESNIKOFF STEVEN B&LISA E 11555 SW SHOREVIEW PL 12599 SW WINTERLAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1S133DD-06200 1S133DD-06300 WILSON NICHOLAS G/SUNI A LIAU YEUAN-JEN&WU MEI-YING 12573 SW WINTERLAKE DR 12541 SW WINTERLAKE DR TIGARD,OR 97223 TIGARD,OR 97223 1S133DD-06400 1S133DD-06500 VARNUM STEVEN S& CARLSON ROY M JR&DEANNA M 12511 SW WINTERLAKE DR 11698 SW 125TH CT TIGARD,OR 97223 TIGARD,OR 97223 . ,S L 4 9 -Coo 6 � I' 7) 1 S133DD-06600 1 S133DD-081 QUIDING FLOYD A&LYNN M TI •:D - Y OF 11736 SW 125TH CT 131 . S •LL TIGARD,OR 97223 ARD,OR • • 133D D-0821! 1 S 134CB-00206 TIG••I OF LANG KENNETH GARY 13 S •LL 12540 SW SUMMERCREST DR IGARD,OR 9 ' 3 TIGARD,OR 97223 1 S 134C B-01000 1 S 134CB-01100 BRUHN WALTER H&SANDRA LEE PATTERSON KATHLEEN J 12495 SW SUMMERCREST DR 12335 SW SUMMER ST TIGARD,OR 97223 TIGARD,OR 97223 1S134CB-01200 1S134CB-01300 TORRANCE RICHARD C BURKE MARIE C/RICHARD D 12320 SW SUMMER ST 12280 SW SUMMER ST TIGARD,OR 97223 TIGARD,OR 97223 1S134CB-01400 1S134CB-02200 MACHAN GEORGE MARY ANN YAHN CHRISTIAN R&CAROLINE M 12250 SW SUMMER ST 12250 SW SUMMERCREST DR PORTLAND,OR 97223 TIGARD,OR 97223 1 S 134C B-02300 1 S 134CB-02400 BROWN JAMES LELAND LOVETT JANICE 12235 SW SUMMER CREST DRIVE 12305 SW SUMMERCREST DR TIGARD,OR 97223 TIGARD,OR 97223 1 S134CB-02500 1 S134CB-02600 MILLER MELVIN DNIRGINA R DAVIS JOHN EDWARD 12120 SW SUMMERCREST DR 12150 SW SUMMER CREST DR TIGARD,OR 97224 TIGARD,OR 97223 1 S 134C B-02700 1 S 134C B-02800 BLACK R NEAL AND SANDRA V DUFF DON W&MARTHA S 561 E DRIFTWOOD DR 12210 SW SUMMERCREST DR FRESNO,CA 93720 PORTLAND,OR 97223 1 S 134 C B-02900 1 S 134 CB-03000 FINNEY TODD A AND SANDRA L ARAVE QUINN D BYRLE 12240 SW SUMMER CREST DR 12270 SW SUMMER CREST DR TIGARD,OR 97223 TIGARD,OR 97223 1 S 134CB-03100 1 S 134C B-03200 WOLD VALDA PRIDE ELIZA JANE 12330 SW SUMMERCREST DR 116 SE EVANS RD TIGARD,OR 97223 CORBETT,OR 97019 SLR ((9- 70 - 7) 1S134CD-06100 2S103BB-04600 ECHAURI MIGUEL JR MORI KENJI MATSUMI 11685 SW SUMMERCREST DR 13755 SW RAWHIDE CT TIGARD,OR 97223 BEAVERTON,OR 97008 2S103BB-04700 2S103BB-04800 ESLINGER RODNEY MARK& RYZNER FRANCIS V TRUSTEE 12365 SW KATHERINE ST 12345 SW KATHERINE TIGARD,OR 97223 TIGARD,OR 97223 2S103BB-04900 2S103BB-05000 LARKIN RICHARD V/KATHY ASHENFELTER CHARLES G 12350 SW KATHERINE ST 12360 SW KATHERINE ST TIGARD,OR 97223 TIGARD,OR 97223 2S103BB-05100 S103BB-06400 SCHOBER JON F AND GRACE M TIG•', ITY OF 12110 SW 124TH ST 13)2 SW ' BLVD TIGARD,OR 97223 IGARD,OR 9722 2S103BB-09200 2S103BB-09300 TATE TIMOTHY 0 AND SUE ANN MAHAFFEY THOMAS E AND 12305 SW KATHERINE STREET 12303 SW KATHERINE TIGARD,OR 97223 TIGARD,OR 97223 25103BB-09400 2S103BB-09700 COON RUTH GREGG FLOYD FORREST&JUDITH AN 12285 SW KATHERINE ST 12025 SW 122ND CT TIGARD,OR 97223 TIGARD,OR 97223 2S103BB-10800 2S103BB-10900 FLABETICH ROBERT JOHN& OSBON ROBERT K&TONI LYNN 12105 SW 123RD CT 12310 SW KATHERINE ST TIGARD,OR 97223 TIGARD,OR 97223 103BB-11006 2S103BB-11100 TIGA': OF PITSINGER ROGER D AND MARLEEN 1312 W H• 12115 SW 123RD CT TI ARD,OR 97 23 TIGARD,OR 97223 2S103BB-11200 PESCHEL ROLF M&MONIKA E 12125 SW 123RD CT TIGARD,OR 97223 GREGORY PAUL SHANTZ 6009 SW 33RD PLACE PORTLAND OR 97210 REQUEST FOR COMMENTS , CITY OF TIGARD Community(Development Shaping Better Community DATE: August 21,1998 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts,Associate Planner Phone:15031639-4171 Fax:(5031684-7291 RE: SENSITIVE LANDS REVIEW[SLR]98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT -A request for Sensitive Lands Review approval to enhance wetlands and perform landform alterations within the 100-year floodplain. LOCATIONS: The subject parcels are located on the west side of SW 121st Avenue, east of Mary Woodward Elementary School, north of SW Katherine Street and south of SW Merestone Court. WCTM 1 S134CB, Tax Lot 03801; and WCTM 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50 and 18.84. 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: [MONDAY - AUGUST 31, 19981 You may use the space provided below or attach a separate letter to return your comments. 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: 4 ►► (Tease provide the fodowing information)Name of Person[sl Commenting: Phone Number[sl: SLR 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT PROPOSAL/REQUEST FOR COMMENTS REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE&COMMUNITY DEVELOPMENT APPLICATIONS CU uroa: (CI t© (Si (WI CITIZEN INVOLVEMENT TEAMS c Place for review In Ubrary CIT Books) FILE NOES].: �L-K ' --- 7OO FILE NAMEESI: S(c-L4 t. - Cvee% ----__,,,,..4..„,...e CITY OFFICES c gGVANCED PLANNING/Nadine Smith,Planpmgsup«v.o, �COMMUNITY DVLPMNT.DEPT./wromm.Svc..rKnnK,n. POLICE DEPT./Jim Wolf,cnm.v.«.nnpnonK« BUILDING DIV./David Scott,Building unlcwt U ENGINEERING DEPT./Brian Rager,aapmm.R«i.w Engin.« L-WATER DEPT./Michael Miller,op««iaa.u...p« _CITY ADMINISTRATION/Cathy Wheatley,cttyRecorc« 7-OPERATIONS DEPT./John Roy,Proponym.n.9.r _OTHER SPECIAL DISTRICTS _TUAL.HILLS PARK&REC.DIST.*_TUALATIN VALLEY FIRE&RESCUE * _TUALATIN VALLEY WATER DISTRICT CIF _�NIFIED 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 * L---- OR. DEPT.OF FISH&WILDLIFE (� OR.DIV.OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street. NE —Mike Matteucct,N.19rwmd coon 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 1 US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _Paulette Allen.GrowmManagemoe coorOn■tor OR.DEPT.OF LAND CONSERV.&DVLP. 333 SW First Avenue _Mel—the,,ree„soace.coordinator ICPAyzoA e) 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: Renee Ferrera _ODOT,REGION 1 * _ Brent Curtis(CPA.) PO Box 3621 Sonya Kazen,Dvlwnr.Ray word. _ Scott King(cPASi —CITY OF PORTLAND Portland. OR 97208-3621 123 NW Flanders _ Mike Borreson(Eng...) David Knowles, Ptanntng Bureau Dv Portland,OR 97209-4037 _ Jim Tice(IGA s) Portland Building 106, Rm. 1002 _OREGON, DEPT.OF ENVIRON.QUALITY _ Tom Harry■ar.en4PI Apps) 1120 SW Fifth Avenue 811 SW Sixth Avenue _ODOT, REGION 1 -DISTRICT 2A * _ Phil Healy)a„ranl Pt Apps.) Portland,OR 97204 Portland,OR 97204 Jane Estes,Perms Speciallsl _ Sr.Cartographer(cPArzcA MS la) PO Box 25412 Portland,OR 97298-0412 UTILITY PROVIDERS AND SPECIAL AGENCIES BURLINGTON NORTHERN/ — SANTA FE R/R _METRO AREA COMMUNICATIONS PORTLAND GENERAL ELECTRIC _ICI 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 37005 220 NW Second Avenue 999 Third Avenue,Suite 2120 Portland,OR 97232 Portland,OR 97209-3991 Seattle,WA 98104-4037 _GENERAL TELEPHONE Paul Koft, Engineering OREGON ELECTRIC R/R _SOUTHERN PACIFIC TRANS.CO. R/R _US WEST COMMUNICATION MC: OR030546 (BURUNG7ONNORIHFRN/TANTAIFR/RRRFDASSOPJ Clifford C.Cabe,Construction Engineer Pete Nelson Tigard, OR 97281-3416 Reed Fay,Division Superintendent 5424 SE McLoughlin Boulevard 421 SW Oak Street 1313 W. 11th Street Portland,OR 97232 Portland,OR 97204 Vancouver,WA 98660-3000 it - IMOICATSS AUTOMATIC NOTIFICATION IF WITHIN Zier OF TM SUBJECT PROPCaTY FOR AMY/ALL CITY PROJSCI'S. (Paolser PLANMia Is assPOMSISIL FOR NsiiCATIMC PASTELS TO MoT1l11 h:`patty\rnasters\rfcnotice.mst 16-Jan-98 r IR vb /ma ou fp* 4pilaii e a% �... .M ,1 al ' � iiiiuu Iu ■ II AI i . ill t% =■limimpsar it z Summer Lake p. uII Park � ili mu rs: 4011 ° • now .?.. • 0 .. ♦ Z el' ,• , , / rojec iMiiu Z to "I z il MIIII 11‘ /11M010%, '‘W III ii.' • ma 11A1111 1ilII1 S,te MIE N l o ‘ � Ammo < . ' 1fl MIN Eno Mary Woodward 11111 ('"i ■m a■ ■ Elementary OP � �� _ um � School . 't rlii s �s � � I°W o ■ MINION `��■_I■� Witlirkgra iiu■ . ■mow - Tt 148401 Iv IN H 1 "g0i. -7Th IR WV r1 City of Tigard Summercreek Wetlands Vicinity Map and 100-Year Floodplain 1'1 Enhancement Project SLR 98-0008 CITY of TIGARD �,,,,•,••'Ail 0' ME I-`,-t .■■.,,,,,■': ,' OEOORAPNIC INFORMATION SYSTEM 1 ��ELLI Nto *� ilmIm�■��mu 1 Mk* • Mi�� ■ uIIIIUUIIIHHhIuIIui C .0011 s AREA NOTIFIED k •1♦� #� im 'Iii vILI�i�►/"' ■111 :111111111 r4 J ■orb I. i ■ SLR 98-0008 re X111 �= � I • �■�� a��Ioupq� 1 11 I IjiI. ENHANCEMENT �!.� ■ `. il WU� ill 111 ,,:, ,$, . ! ■ 111111111► 1 ■■■■■► • 4�■■■■■ ■■ PROJECT 700 �1■■■■■■ VW IIIM ■ 0040, -4 vow. No ■ ♦ ♦ ■� Vi ±��► ♦te * I. �4�� I -. El 1, ■��■ /� '�"�I , !1 �. AlPI. I ■■'1111 �' ��$ 41111111 111 all N. ill MIMI p,‘ ioadopt,... l'4" -11*Eiri Intik* 44 11: .111 MT; 11 NW "Am. ,.dihrolit....- IPARIP. nat.&OUR ma IA El II 1,_■: =AD in m iii II 1 1 Ellimma Oa' WA NW. ■■ N■ i ,5, noo ,5,34 1M'lll� ■■■■■■� 1�■■mi 10 igttILIU1 , e..A,� i \■ TWA ■-3-4:04,..,,,A,01,02._ . ■ =1,. No ..........spipm. pleas SIN an ir 4.11 pow nun EA; witionms, X w1 Emu ii, --- ''" Nam wow' II MOW kon 44 Ns II iikna 11' y 11•t I lOa • .� / ■■■ 1 - � 1101 11' 1 .1.1 " W 1. 1 1-4•• •. .f ' �1 0 400 800 Feet 7 feet ,V ja I ill a NM Ii74001: er I"' I ; u' _- Ciry of Tigard&IAN. Information on This map is for general location only and should be verified with the Development Services Division. 13gar,O Hall Blvd ll■�'t■■■iI i'� —Ill■II-� I ■: Wag Tigard,OR 97223 ■■.■..■..♦ ■. �I ;C:639-4,71 http:!/www.ci.tigardor.us Community Development Plot date:Aug 21, 1998;C:\magic\MAGICO2.APR APPLICANT MATERIALS SENSITIVE LANDS APPLICATION 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 CITY OF TIGARD GENERAL INFORMATION �1 3 PRE-APP. HELD WITH: DATE OF PRE-APP.: b r 3 dl Property Address/Location: j;^ " r, —r- C1- 74 b / c/f FOR STAFF USE ONLY Tax Map&Tax Lot#(s): f 4_7(744 c_A c-c/ 1 S13Y D00 W- zr 3dQ G Other Case No.(s):� _ Site Size: �� Receipt No.: Property Owner/Deed Holder(s)*: ,.f re-- 771,/a c_A .rZc/ Application Accepted By: Address: Phone: Date: 7- /g City: Zip: Applicant*: Date Determined T Be Complete: Address: Phone: Comp Plan/Zone esign tion: Jn I�, 'n City: Zip: Low loakif ie-Li *When the owner and the applicant are different people, the applicant e- —G(Ad Q(Afire( 1 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.W31/96 I:lcurpinknasterslsia.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: Lu.S fr u f � /a ,i C Application Fo c I sL_ t , / a 7c// p/Owne'is Rga e/VVten Authorization p Title Transfer Instrument or Deed k� 7 (Site/Plot Plan (8'/7"x 11") C 44 ` f copies based on pre-app check list) plicant's Statement (#of copies based on pre-app check list) ❑ Filing Fee (Administrative) $ 745.00 4i/q (Hearing's Officer) $1,240.00 1 j 4 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. 2 DATED this �- day of / / , 19 / A _ .44 /A ./ +wner's Signatur ", Owner's Signature Owner's Signature Owner's Signature 2 r Sensitive Lands Application Tax Map & Tax Lot# (s) Property Owner/Deed Holders Phone Numbers 1S1 34CC 900 Newth, Larry G. and Patricia 590-9253 12180 SW Merestone Court Tigard, OR 97223 1S1 34CC 1000 Bernard, Bradley S. and Jennifer L. 590-0123 P. O. Box 23608 I A/"1-0 $1 --7)'ki s t . e� Tigard, OR 97223 1 S 1 34CC 1100 Wiesman, Charles R. and Beryl Jean 12160 SW Merestone Court Tigard, OR 97223 1S1 34CC 1200 Shantz, Gregory Paul 590-4060 6009 SW 33rd Place 1 Portland, OR 97201 l 1S1 34CC 1300 Gallher, Edward J. and Janet L. 590-6661 12140 SW Merestone Court Tigard, OR 97223 1S1 34CC 1400 Gooley, David J. and Teresa L. 12130 SW Merestone Court Tigard, OR 97223 L' 1S1 34CC 1500 City of Tigard 639-4171 it rood 13125 SW Hall Blvd. Tigard, OR 97223 2cx.)c) 1 S1 34CC 41gOtk. City of Tigard same 13125 SW Hall Blvd. Tigard, OR 97223 1S1 34CB 3801 City of Tigard same 13125 SW Ha11 Blvd. Tigard, OR 97223 illrpn/drn21.own • - 35 `T' 1100 - 115 3600 @ IJ ��il i`il r r� J V °. .(► 9 ...14 4300 107• ° 107• _ 107' _ 107' 107' _ 107• - m �� T - STREET i 34 � `1`' SUMMER b _° by' 35°01'4 .A E tea. �s� oI se r1 sr op Ail �`.\- 14 N.4! 111• 111 1 • 1 4.09 AC .....S,:. °- "!�z 1300 1400 1500, 1600 1700 1800 33 IN 1200 on 3400!° w 10 w^_ 124c 13 - 16 17 20 2r1 0=' 32 '� n 1 � !. J " mos 3300°° ^ ur of _ ° `op !Y4' 2400 2300 2200 2100 2000 1900 x °�S• 3 2 ri 1 s� 11 14 15 IB 19 22 3200 v, 1{ .J 36 �•"s' s• 504 , III' V Nr 0 III' a- 13.10 ° f �s'l' 3100 • b,.� DRIVE R RSW SUMMER CREST ;t az,4a s ar,s>a.t 29 3000 ez.I0 04.44 Hass Haas 120.24 ° 12012 40.00 r000 ° 70.00 04 z 2900 2800 2700 2600 2500 4600 4700 4800 o ee ."1 \ r-t R I R s Q o 6 _ 71 °o 6...)F 8 r p y"' J, R 27 _ 25 ± 2 - 24 - 23 �\1 I py1 A 3800 N re 50'45-w sz.K _IZO.F_ 120.44 1 o.�s .120.x. Haw o: X oo ao.a s 5700• '' 4500 ,._ 5800 "' 1•l POINT N 0.Y eE 40."w pau • - 100.07Al,A° ,' ,.2, ,102 03Ac.. 101 .OSAc. . * 5 :' 14., 17 Ca4,a 8 103 .09A: _ - Z.2.Z.h 7.. s • a!•s• ss I.. m «q ' Y°r` ' I■ � 700 600 500 400 300 200 �' , Ig WA. I i•64570366.1'2 2"E x40.00 '4x1 55.44 �OaO ( ; 6 �,, 5 q S o 3 0.o 1 0400 « { : ' 4800 4700 4600 4500 .° 1413 AC* r ( � I5741 .4j63 3 2 I erm • : �4 , .. V w'9� 15 _ 13 " °��° r 1 ONE r " 800 • 'it 311.5.2 alsx ,Q ;1, 71.x 7 t lo°' " N 7!'N=s• : 12 14 r� 5 5900 ao S: ,.,1.. _ _ " 4300 •+ �, ax ¢ '7y' �, ''�' °'b 51 _ 85 r� " 1 t `�• 7 • ,�' S.W.< MERESTONE COURT �`�, '� �3 19 -; ;[ apa'w.az 4S5i 4400 °. TRACT "A• u �t4 }31.lO u as SW ' ^ ssesraf2 ' Na!•a7•a4'w . . al,y r m a 100.00 -1 i. ` \�ER LAKE> DR 11 re GREENWAY/PARK - x~T-I A Sao n _ TRACT a" 8 o e 0200 6000 E •A sere i�. tP alb 44.04 4' Al'' a 1:,,,, S•'o, " g of�,2 r s0 b �' 5100 TRACT•19• h ? O4EENWAY/PARK 'd,� y^% \ .1 20 .. , 4 ` i 3600 n i ,+. , .,7,R7 IBAC.IrnIVAT2 d1nE , 20' �• 9 2•- 10 • I I Y 12 i 13 ° y, .0s.7a .,R ,..* , . , 0.•a 3700 xss Iss s•.so as a 4300 �.. Na!•s7afw •.0.4.0`611°°...T `' )�/1 r r r :� r' J�g l�l r = 0100 's zi '�a•3 0 4 : 3800. 3900 4000 4100 , z 4200 10 12 131 �� - I F h 8 RX 0 5 0 6 0 7 8 9 a 3, Dl Ac. 4s INif14l roli7 ?: •• °' « INITIAL PT a e'•al as E 270 �o' z0.~ N q•aiw .50 • ° I1a 71 12 ad AO' so• s4eo 4440 s7' •' 0.4• so' 100.82 Z a"-5: '.-1114->•7a 7iN.aea s0.3 1_-@ iT e S f d&J d d P .. s0.: .. - - w457 - 40"11003 3 0N• 45 4f E 5!400 % ' \.2433 I 0 0 is 1700 • F s 1072 Ac P. - SCHOOL DISTRICT 23JT MARY WOODWARD ELEMENTARY L._ 1.438 100 .... . , A. I Co 59."7�' L3K35O I- G7. 5Z3 sR� r-G 5 B9'SI'35 ' E • 69. 87' • to 130. 00 •1 '71.50 • 'T 1 . 50' • '9 .00''0^ • • , .S. 2.01 EN-1T. W ,2)%K.. . )- PC C . 4z? N„ acs —W — u1 Ili ' k .0 y`�O L O c'O N .1 I 9, 5 4 oN 3 -� 0 2 mp I 2 co ri •s- ��' (0 3s" w t''s s;� o0 0 '� � � ro _ - 1 `1 y- •' • 0 , — R• 2.0' I Q W o' 6S4 OCR, • 39. SZ, O '�1 2 ? I� - !L ..1 ,�y ■ -71 .54' • "71 .50' • 7f�. 13' • \�Z10 Q 7• tio.00' •. In �U ►u- 51'3 W n4,- N V 1 • 89 51135 : 0 0 = - N g9°SI' 35"-W 3z.2- 132.' _ N �' ,� • �o.00' s ,,9 S.W. -IA MERESTONE COURT _ n' N 12180 O Q- r y N N r r �hd �1 0 . � eu, ;O 74./.7., [a O ^ 39.30 65.00' ' .h J� f.4-,..,, �. a� 00 5.0 0' 5'.1.9? to 0,. ,�� • c- • \ ,p.� ,21501 r 2_/417 1213 0 1 '}P ~G, yy, �� Shan4z) Ci,.e,o1-1 Go(l•Lher, wafrol w.,ao N • , p 8T,'�a�J 9)223 12.f 70 ru,„ t rz(6p p4u� `.4 30 1 f 4 ,Jane' L \C/• —� 1;',-;:. ff o► �h ernah% �.to�- W 6�9 SW 33�`'P1 972z3 Cooley Dav,'d cT I .T� NCO Z/ • °4'/Q5, W%Esrnan� •' Fb •ItG., e. lil Teresa. L '0,;."',,-., .:4,,� x. 2 Z Seh W Cha r)es 2 4 111 d 9�Lo�'3 4 fez,. "y,,41!:,�, .2 Wpc n''7Ca1- `' Bee,- I Teo,n N - N to - 4625 SW 42 �lkc O .,: p.'' A �'A' 2 36 o& N y O N N f'c� i •••2 C� 9 221 I • _ ;;• , r. a�J� �7 Q O I l.' Q I 17t 12 pp 12 r /300 13 r /4 co //�� iN F .WIrr > g�2 TL / • rr` t s t V .I1 1 T?: '`f f 7 Y,,n7 1 ' d a ..i.�ry jd t.}.n� ��i,4 d^ �Cd },-y; . 3` u�, 17 J F� JS' 8' f a1 -f. 'AG' O { • _ _ S- 8 °51'35"-E •- '8 fZ-IW, w. N1 . z5.2o , 0 • - 8 -W Co3G . 5Z. LEGEND �� D 't •N�''49'.v�'� � I • DENOTES PTS, PC) • o m Z ..., :�I 1 11J /711 0 .eNOoE Role Rocs - •• Ig5 i5/ 34 cc. CERTIFICATE : 1 , WILLIAM L . MC MONAGLE FIRST BEING DULY SWORN, DEPOSE AND SAY THAT I HAVE CORRECTLY 1 CITY OF TIGARD Community Development Shaping,4 Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = 11/25/98 FILE NO(S): SENSITIVE LANDS REVIEW [SLR] 98-0008 FILE TITLE: SUMMER CREEK WETLANDS ENHANCEMENT PROJECT APPLICANT(S): City of Tigard OWNER: City of Tigard 13125 SW Hall Boulevard 13125 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223 (503) 639-4171 (503) 639-4171 OWNER: Larry and Patricia Newth OWNER: Bradley and Jennifer Bernard 12180 SW Merestone Court 12170 SW Merestone Court) Tigard, OR 97223 PO Box 23608 (503) 590-9253 Tigard, OR 97223/97281 (503) 590-0123 OWNER: Charles and Beryl Jean Wiesman OWNER: Gregory Paul Shantz 12160 SW Merestone Court 6009 SW 33rd Place Tigard, OR 97223 Portland, OR 97210 (503) (503) 590-4060 OWNER: Edward and Janet Gallher OWNER: David and Teresa Gooley 12140 SW Merestone Court 12130 SW Merestone Court Tigard, OR 97223 Portland, OR 97210 (503) 590-6661 REQUEST: A request for Sensitive Lands Review approval to enhance wetlands and perform landform alterations within the 100-year floodplain. LOCATIONS: The subject parcels are located on the west side of SW 121st Avenue, east of Mary Woodward Elementary School, north of SW Katherine Street and south of SW Merestone Court. WCTM 1S134CB, Tax Lot 03801; and WCTM 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50 and 18.84. CIT AREA: West CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: DATE COMMENTS DUE: MONDAY AUGUST 31,1998 STAFF DECISION DATE OF DECISION: K HEARINGS OFFICER DATE OF HEARING: 9/28/98 TIME: 7:00 PM PLANNING COMMISSION DATE OF HEARING: TIME: —MOW CITY COUNCIL DATE OF HEARING: TIME: 1:30PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP K LANDSCAPE PLAN K NARRATIVE K SITE PLAN K TREE PLANK ARCHITECTURAL PLAN TRAFFIC-IMPACT STUDY ARBORIST REPORT X— OTHER STAFF CONTACT: Mark Roberts. Associate Planner (503) 639-4171 Ext. 317 SLR 98-0008 SUMMER CREEK WETLANDS AND 100-YEAR FLOODPLAIN ENHANCEMENT PROJECT PROPOSAL/REQUEST FOR COMMENTS PROPOSAL DESCRIPTION FILE NO: SL,le 9 _ 6,00 g FILE TITLE: SL4,4.44 -ev' ve2k EL/1tU-ite-etsl2c( t- IJ a ,P J APPLICANT: ` o QVJ OWNE R: Vf�v,,:,ks S 144 / n o u/e l4 Q'o ` c(r 3 ��,� S avea ow,ied 10 r `/y a ©Qp?h � �°a6 . REQUEST: eceso\Q ve aL�s �.eV1e -e vGc 4.k Ce v PV amok- a Ld v+a v IatM4 a(-ev-0 10tis wk-(4 'e Pool.(aIo U LCATION: �✓eS� S� e O(1 S U) l'Z( d(�Q Q s ? 1,(,do w�(r ecL.eafa,vy, )44,1 aF � Ie.:W(, lue S1F+-eelF 4,14 soa°1-1.p- APPLICABLE REVIEW CRITERIA: ecc,.¢- �G to t uti t t i {0 eve low oat- tY Gvde Sec:(/c u S ! SO, a d ZONE: U,S PA D i s4 k 1,.�loo, l `eS`7� e_sVak f is uf e¢ S S% L-(4. Q, c� At- /06-14 31 O 114L 'e CIT: W S CIT FACILITATOR: ,�E A,o/ IQlle. U06,1 U2 � 4 [, CHECK ALL WHICH APPLY: STAFF DECISION PLANNING COMMISSION DATE OF HEARING: IME: HEARINGS OFFICER DATE OF HEARING: Lek TIME: CITY COUNCIL DATE OF HEARING: TIME: THE FOLLOWING ATTACHMENTS ARE AVAILABLE FOR VIEWING IN THE PLANNING DIVISION: VICINITY MAP L r)SCAPING PLAN �� NAR A:IVE ARCHITECTURAL PLAN L�SITE PLAN OTHER: STAFF CONTACT: Wi o v fer • , r S - °(UO 2D 0 ! 00® ( 3O 3 t1 ©O 1 ` :& LU C & i s l y CG `1-a K L OV I sO 0 COO--D ( ( L 3 I � u £pv "3 , Applicant's Statement Summer Creek Stream Enhancement Accompanying this statement are copies of the site-specific maps,plans, and other documents listed as submittal requirements on the application checklist provided for this project by the Current Planning Division. Briefly stated,the proposed project calls for the construction of a low flow channel for Summer Creek and the development of wetlands and ponds along the low flow channel just upstream of SW 121st Avenue. Two rock channel constrictions will force stream flow from summer storms into the wetlands. The site will be graded and planted with native plants to create a scrub-shrub wetlands leading down to emergent marshes and to open water. Native wetland meadows will be developed in the areas of flow form the creek to the wetlands. Willows, dogwood scrub, Ashes, Alders, and coniferous trees also will be planted. Benefits of the project include reducing sunlight exposure to low flows and increasing shading to reduce water temperature. The plants will improve wildlife habitat and the potential for pollution control. The approximate cubic yardage of material proposed to be filled, moved, or altered is 10,100 cubic yards of cut and 1,600 cubic yards of fill. The entire project area is identified as a significant wetland in the city wetlands inventory. The eastern half of the area also is located within the northern fringe of a Goal 5 resource site called the "Summer Creek/Woodward School Fir Grove". According to the comprehensive plan resource document: This heavily treed area has been determined to be a significant Goal #5 resource as a natural area and an outstanding scenic site. The approximately 2.5 acre site is border by the Summer Creek floodplain/greenway on the north and east, the Mary Woodward Elementary School on the south and vacant land/residential land on the west. The resource area is largely covered with mature Douglas Fir with various underbrush especially along its edges. It is one of a few undisturbed fir stands in the northwest portion of Tigard, and is seen as a visual amenity by the various neighborhoods in northwest Tigard. ■ The protection measures recommended by the Resource Document included limiting conflicting uses to trail and related educational uses. The northern tip of this triangular area, about one acre in size,was acquired by the city through donation and is being maintained in a natural condition. The lower 60%of the resource was the site of the Capstone Subdivision,constructed in the early 1990s. This project involved the preservation of a number of large trees through the dedication of floodplain and upland along the development's northern and eastern sides,about 15,000 square feet in all. The project which is the subject of the present sensitive land application includes the planting of trees and shrubs north and east of the Capstone subdivision between the existing tree line and the edge of the ponded areas. The proposed enhancement project along Summer Creek at SW 121st is consistent with the management recommendations for this area contained in the Fanno Creek Watershed Plan. Additionally,the enhancement plan has been reviewed and endorsed by USA,the Friends of the Pond at 121st(the neighborhood residents group), and the Friends of Summer Creek. i/Irpn/dr/121.app / MAP 8 NATURAL RESOURCE AREAS IDENTIFIED BY CITY u..,..1 PARKS T f b¢• r l� )*; •. GOAL 5 A NATURAL RESOURCE 16, O�'�. fit• RD mialk ,t‘Plitalibirmid. ...IV c,AREA �� Waviambi... offswomm Mil was ow 1/1 1111111M711111111 __ INs lielm0 firglAgel k .Mair...... ....... I • t.. " '� mule ° 0. \rot •c, ill ..; INN , -1--�'.' " Y111 ' i �°� l ji T , ' Ii O d iff _ #ipp„ 4_6,. p ■ . i +■n 0 6 iipj CV N al II I M itiral T... „ti r•ARD= o L ! P Gr ' Q ii ! IJ ilk / y"�Q/ till sr.■ BO ma RD 01 I ii R . .,,J . �� :D I, if .,...„.ImPo BEE p11111fin at '''''''''''''''''''' rn ,ate w (41? 112 All 4 'll■ CC w a SOURCE:WASHINGTON COUNTY COMPREHENSIVE PLAN 1984 BILL MOUNTAIN AND METZGER COMMUNITY PLANS I2/1619y Application for Sensitive Land Approval for Summer Creek at 121st Ave Wetland Enhancement The following addresses each of the community development code criteria and comprehensive plan policies that apply to the proposed project. 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 city has conducted a detailed assessment of the proposed project on the flood flows through the stream corridor. An engineering firm that does this type of work performed the required modeling and technical analysis. A copy of the firm's report is attached. Briefly stated, the results of the analysis document that the proposed project would have no significant impact on water surface elevations, including the maintenance of the zero-rise floodway. Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards. The land within the boundaries of the project area is zoned R-4.5 and R-4.5 (PD). With the exception of small, lineal area located along the northern fringe of the site, the property is city-owned greenway. The project under discussion will enhance community passive recreation opportunities, such as bird and small animal watching, through the planting of native materials and returning the creek and creekside area to a more natural state, which should attach wildlife. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100- year flood. As noted, the project has been modeled and no impacts to the floodplain elevations are predicted. Page 1 The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearing Officer as untimely. The entire project area is designated as a significant wetland in the city wetland inventory. The adopted pedestrian/bicycle plan calls for a path along the entire length of Summer Creek as it flows through the city. However, the only type of pathway permitted within wetland areas under the Tigard Water Resource Overlay regulations is a raised wooded walkway, the typical cost of which is $200-250 per lineal foot. The cost of a full length path would be in the $100,000 range. This is unduly expensive and far beyond the budget for the enhancement project. A pathway within the area also would increase the potential for human disturbance of vegetation and wildlife. Additionally, during the public involvement process, the neighborhood has expressed strong opposition to the installation of a pathway connecting to the existing paved system. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. A pathway is not proposed. The necessary US Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. An joint Corps/DSL permit application has been completed and submitted. 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. The land affected by the project is city-owned. Easements for native plantings and water storage are being obtained from six privately owned properties found along the northern edge of the project area. 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 aim of the project is to enhance an existing wetland through the construction of a flow channel for Summer Creek as it passes through the site and the development of pond areas Page 2 on both sides of the low flow channel. This scheme will provide an opportunity for the planting of scrub-shrub wetlands and native wetland meadows. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use. The proposed grading and planting scheme is designed to improve the quality and value of the existing wetland. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated. The project will not result in adversely changing drainage patterns. Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening. The project proposes to replace existing vegetation with native vegetation and also to plant existing bare and disturbed areas with native species. The plan meets the erosion control provisions of the Surface Water Management program and also is consistent with the recommendations for this area included in the adopted Fanno Creek Watershed Management Plan. A copy of the project's master plant list is attached. The provisions of Chapter 118.150, Tree Removal, shall be met. Two trees, both deciduous, having calipers greater than 12" caliper are located within the project area. Both will be removed during the grading of the site. This adverse impact will be offset by the planting of 356 hundred one-inch and greater caliper native willows, ashes, cottonwoods and chokecherries (see master plant list). A map showing the locations of the two trees to be removed is attached along with a generic map showing the new trees proposed for planting as part of the wetland enhancement. Mike Faha, a certified landscape architect and arborist, prepared the tree planting scheme. The number of replacement trees far exceeds the number of trees required under 18.150. According to 18.150.060, the Director may waive any of the submittal requirements contained in "Application Submission Requirements". Given the nature and natural resource benefits provided by the present project, the applicant hereby requests the waiver of any data and narrative not provided as part of the present submittal. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. Page 3 COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: Citizen Involvement: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Over the course of the development of the project six public meeting have been held to inform citizens about the project and to discuss management options being considered for the site. Notices were sent to owners and residents of property located within one-fourth mile of the project boundary (mailing list attached). 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.) The proposed project is consistent with the management options for the site contained in the Fanno Creek Management Plan put together by USA and by Tigard as a partner in the development of the plan. 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. The project has been modeled and no impacts to the floodplain elevations are predicted as a result of the project. 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. As documented in technical studies, the proposed alterations will preserve the function and maintenance of the zero-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. The project will result in no detrimental upstream or downstream effects. The land in question is part of the existing greenway system. Page 4 Floodplains: Policy 3.2.4 provides that the City prohibit development within areas designated a significant wetlands on the floodplain and wetlands map. The proposed project is not a development as such. It instead is an enhancement to an existing city-owned wetland that will reduce sunlight exposure to low flows within Summer Creek and increase plant life within the area. The project benefits include fish and wildlife habitat enhancement, temperature control, and pollution uptake. Page 5 lJx - V i V QUITCLAIM DEED We Eton County KNOW ALL MEN BY THESE PRES. 3,That J. Allan Paterson ,hereinafter called grantor, for the consideration hereinafter stated,,does hereby remise,release and quitclaim unto The City of Tigard, . Oregon, a..Mun.icipal..Corporat.ion 1I hereinafter called grantee, and unto grantee's heirs,successors and assigns all of the grantor's right, title and interest in that certain real property with the tenements, hereditaments and appurtenances thereunto belongid or in any- wise appertaining,situated in the County of Washington ,State of Oregon,described as follows, to-wit: I Tract "A", Merestone, a recorded subdivision plat, Washington County Plat Records, City of Tigard, Oregon. • • (SEE krrAc-If6_D MAP) jf I I II OF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs,successors and assigns forever. The true and actual consideration paid for this transfer,stated in terms of dollars,is$ p i ()However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration(indicate which ).®( ).'(The sentence between the syrnlwlsm,if not applicable,should be deleted.See ORS 93.030.) In construing this deed and where the context so requires, the singular includes the plural and all grammatical i changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. In Witness Whereof,the grantor has executed this instrument this...3r...day of January 19..90; It „ if a corporate grantor,it has caused its name to be signed an, se 1 affi its officers,dul _authorised thereto by ii order of its board of directors. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE- -X••..• , ��- SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND Allan Paterson 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 it COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Hi STATE OF OREGON, STATE OF OREGON,County of .) County of...Washingto-n ._) ,1s ii , ,19 Personally appeared and Personally appeared the above named o,being duly sworn, . ......Allan•..P.atBrson ... fact for himself and 8101 one for the other,did y that the former is the 11 i «_•' • -ant and that the latter is the {1II n-T"rr,,,,, l .'•' ..secretary of tl s.`!.....• ..,•.•'"' '....�.-Lind ackno lodged the forego; instru- ,a corporation, II T}1 and that the seal affixed to t•. foregoing instrument is the corporate seal 1.; 4$ • n nt.-tf �a..Ilyg. v unt a•d deed. of said corporation and t _ said instrument was signed and sealed in be- , 'r�'',Y., '''f•1 authority of its board of directors;and each of etptl- half of said corporatic •y (OF�1C.lttL ; them acknowledged id instrument to be its voluntary act and deed. • F SEAL) Before me• •`I•. !F ,, 1-%C:'Nbt ry Public for Oregon f _.__.. (SEAL.) ii ` •• •qtr commission expires: /Z-S-42 Notar •ublic for Oregon • 1. • (If ax.,fa by a sa,porali.a. :I''. Q C. M commission expires: ffix corporal.coaII ' Z+-.Allan-pxfer s - STATE OF OREGON, .. County of anANTaa•e NAME AND ADDRESS I certify that the within instru- ment was received for record on the _ ._____ ,__ day of ,19 i ;.._ ___......_..._...-.--.--.._.._............_.Y.._.._.........._.__ at o'clock M.,and recorded 1 GRANTEE'S NAME AND ADDRESS 6PACC Ref ERV[D in book/reel/volume No on (( Mat NNINS"ANN.NE FOR !3 RCCORDER'f I,.E page or as document/fee/file/ I) -.._.......___.._.._- .____._.........—._.._.___.._..-.._.._..__..._._..._.._._._ — instrument/microfilm No. , 1 Record of Deeds of said county. i+_. ---._.._.__.........._.._.._......._........_.._......_.._.._.._......_._..... — Witness my hand and seal of I NAME.ADDRESS.ZIP •,- i UsNI•a p.is tov...Nd all la Matoa.N.to Jell N tone N eM following addrpu.• County affixed. 1 f NAME TITL1 - ............ ._......_.......__..._._.................._.........._.._.._......�._.... a By .Deputy , NAME.ADDRESS.ZIP .°,d.__—._.._.. .__... :. • /-- 2. .. w y. CORPORATION GREENWAY DEDICATION 6 6 0 2 3 3 6 1 KNOW ALL MEN BY THESE PRESENTS, that United States National Bank of Oregon do hereby dedicate to the Public for Greenway purposes the following described real premises in Washington County, Oregon: Lot 36 and the Southeasterly 5 feet of Lot 29, SUMMER HILLS PARK, in the City of Tigard, County of Washington and State of Oregon. To have and to hold the above-described and dedicated rights unto the Public forever for the uses and purposes hereinabove stated. The grantor(s) hereby covenants that they are the owner(s) in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant the rights above-described, and they will pay all taxes and assessments due and owing on the property. The amount paid for this dedication is $ 1 .00 IN WITNESS WHEREOF, the undersigned corporation has caused this dedication to be executed by its duly authorized, undersigned officers acting pursuant to resolution of its Board of Directors. United States National Bank of Oregon ,•, ._; e• Name of Corporation ,Corprate'aeal •1 BY: bcii Vice--President By: '' 1.6' Secretary STATE OF OREGON ) ss. COUNTY OF Va(sIthdldi ) February 26 , 19 86 Multnomah Personally appeared Fran Matson and who, each being first duly sworn, did say that the former is the Vice - president and that the latter is the secretary of United States National hank ot Oregon , a corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and each of them acknowledged said instrument to be its voluntary act and dvd. :1: \ a( ‘ W -sitArY • o ary Pu lit for Oregon ,r •: My Commission expires: 6-5-:9 (NOT L iS ); pw•.. �,^ •i�' CMG; ACCEPTANCE Approved as to form this } +L-day of "/l wic. , 19 p . BY: �w� a d l� ?,1•1 t, City torney ity f Tigard Approved as to legal description this �2-day of Age_„..., , 19 . J i I ,. .. By: •/ eet4(_.r cit. CiYYYYy of Tigard Accepted wy Of ',City Council this p`U/ "day of 109x/ � , 1986 • CITY Cis, CITY OF TIGARD, OREGON • B • 4 '♦i . City Recorder - City of Tigard I - Z i . .. .. . , 0 . N .. ,. ..., -41100 *tea ''is „L.. • N. per " W�K., , K ID 9 9 � j msa v ..w .°. i Ti 0 ..� d i litf" 11, I • ., I i DIVISION OF STATE LAND.. WETLAND ENHANCEMENT/RESTORATION GENERAL AUTHORIZATION REPORTING FORM 1. RESPONSIBLE PARTY City of Tigard Phon (503) 684-4171 e Contact Person Greg Berry,P.E. Address 13125 SW Hall Blvd. Tigard, OR 97223 2. TYPE OF PROJECT O Water Diversion of Summer Creek (stream) O Water Impoundment of (stream) O Ditch Plugging 0 Ditch Construction 0 Other (describe) O Dike Construction 0 Dike Removal O Surface Grading O Drain Tile Removal O Bank Excavation of (stream) 3. PROJECT DESCRIPTION Explain, in detail, what will be done and what the project will accomplish for wetland restoration/enhancement. (Attach drawings of site location and proposed actions and further written description. See additional requirements on the back. ) The existing site is a water impoundment along Summer Creek upstream of SW 121 Ave and downstream of Summer Lake Park. The project is to construct a low flow channel for Summer Creek through the site and develop wetland/pond areas on both sides of the low flow channel. Two rock channel constrictions will be build to force stream flow from summer storms into the wetlands. This will allow the wetlands to be replenished in the summer months. A storm of 0.2 inches of rainfall over 24 hours will be enough rainfall to push water into the wetlands. This depends on how the rainfall is distributed during the 24 hours and for design the SCS Type IA rainfall was used. Once grading is complete the project site will be planted using native plants. The plan is to develop a scrub- shrub wetlands leading down to emergent marshes and to open water. Native wetland meadows will be developed as the areas where flow will travel from the creek to the wetlands. The area is being designed for high habitat value using willows,dogwood scrub,Ashes,Alders and some coniferous trees. The project has been modeled and no impacts to the floodplain elevations are predicted for this project. The project will be incorporated into the FEMA study currently underway for the City of Tigard. Benefits of the project include reducing sunlight exposure to low flows and increasing shading and therefore reducing water temperature.Increasing plant life in the area therefore increasing wildlife habitat and the potential for pollutant uptake. 4. LOCATION Drainage Tualatin River Section 34 Township iS Range iW Basin Nearest Summer Creek which discharges to County Washington Stream Fanno Creek 5. CITY/COUNTY PLANNING DEPARTMENT AFFIDAVIT (To be completed by local planning official) I CERTIFY THAT 0 This project is not regulated by the local comprehensive plan and zoning ordinance. 0 This project has been reviewed and is consistent with the local comprehensive plan and zoning ordinance. 0 This project has been reviewed and is not consistent with the local comprehensive plan and zoning ordinance. 0 This project complies with floodplain ordinances. 0 Consistency of this project with the local planning ordinance cannot be determined until the following local approvals are obtained: 0 Conditional Use Approval 0 Development Permit 0 Plan Amendment 0 Zone Change 0 Other An application ifY has Zhalot been made for local approvals checked above. Signature Title Date 6. DEPARTMENT OF FISH AND WILDLIFE REVIEW O I have reviewed this project and concur that it will provide benefit to Oregon's wildlife resources. O There are no known occurrences of state listed threatened or endangered species on the site. O The following state listed threatened or endangered species occur on the site: ODFW Signature Title Date 7. HISTORIC PRESERVATION OFFICE REVIEW (1115 Commercial St. NE, Salem, OR 97310 a 503-378-6508) O I have reviewed this project and find that the site does not have any known cultural resources. O I have reviewed this project and our records indicate that cultural resources are likely present and should be protected by: SHPO Signature Date 8. WATER RESOURCES DEPARTMENT REVIEW (158 12th St. NE, Salem, OR 97310 'Q 503-378-3739) O I have reviewed this project and no approval is required by the Water Resources Department. O A 0 permit is required 0 has been applied for to construct this project. Watermaster Signature Data 9. ADDITIONAL INFORMATION REQUIRED: • Map Showing Location • Photographs of the Site • Site Plan (scale at least 1"=400 ' ) showing: - existing conditions (show wetland, streams, etc. ) - proposed construction activities • Restoration/Enhancement Description - Resource enhancement goals/objectives - Aerial extent of alteration • Approximate cubic yardage of material proposed to be filled, moved, altered Please return completed form and additional information to: Division of State Lands 775 Summer St. NE Salem, OR 97310-1337 s' 503-378-3805 Summer Creek Restoration Project PHOTOGRAPHS Division of State OF SITE Lands Permit , N • : t .-, rt, • f s 5 - -.a / /ice • .►,Gt`. i -#' . .4•186 . 41 \ sf " LOOKING WEST FROM 121ST AVENUE 11[Iriti :;._ 1 , • �' pst `'+ y • N. -,-- n LOOKING NORTHWEST FROM 121ST AVENUE AT EXISTING DAM r J . PROJECT LOCATION fob (9F IRO ��F\,Q SO- FERRO �O'� N -1 SCNO Q 1% �� > 2 C,94O G�G N DAKOTA QP MILLVIEVy CT 'S% / _ � SU MMER ST C�`- '1,...Fisi, ^ SUMMERCREST �FN lib NO e40 � 4 , TIGARD Ni 5 40 WALNUT 0> ,2. Q z. vr- r-- q ,n cv - I I C O O 0 .0 m „, .7 „„ City of Tigard, Oregon Figure 1 SUMMER CREEK LOCATION MAP RESTORATION PROJECT , Summer Creek Restoration Project Division of State Land Permit Approximate cubic yardage of material proposed to be filled,moved,or altered: CUT: 10,100 cubic yards FILL: 1,600 cubic yards m • _ a �� ., ,. Summer Creek s , Restoration Project '` '• y.M /�\ i. : _ Division of State . ..: �` "" .• .. $-,` ,� t • `': �: ' x Lands „ .. " t,,` ' AERIAL EXTENT •' - A ,„ ` e °. OF ALTERATION M L ♦J li �' . m Y , "i ` A; . , L ' 3 • w « i i s r P , • 4. '� jf ° /41 .,.. _ '..I• IF AV its IN.%44, %,4 „ . • \ ,...PP: F tt r • .,.. a ;. P y 8 y ,;1•''*,, ye.z,:" tz r." '7, err ^ ..._.'”'a .' u�Xd`;nw a ..t r.+' +kY 'w;. y ''sr y.4R '''k s't" .. ' F" •µ #. :- 'fir cz 3+?' ' . • � ..ms,' } a fr 9 m. , y,� ��5s A $ , '+ YW•4r # ,4tk?4�h! Yf''' "N-:a - ` y;♦.... Ala flit ' '. �.3 1 a r s "1. , - 4; s* g. �. Overflow Weir• ,...,..i-,...,,,,,,,,,....1„. - , , . :,....„ .,.. , . ,. - , - , ifte,. ,,...._ , " +}A , F i ,; X .r. a '. {� Creek Co,strl Lion Point'= ;. ° 4.774. y w .4 r • .'''',ii, ,'. spa " , Summer Creek «�►. �'� � 1► Restoration Project ,, r" - r, ; Division of State Lands Permit � r « . '° ,. '..��° ak AERIAL EXTENT OF ALTERATION t,i4.- ,- 44 �., t PROPOSED "� 1. CONDITION 4, � ,. t ,2 ," ..� „�_. _. .� f p 'VFW .?:.. 5: A ..> ., te + 4. p i VfiiT , .> r".. � M �. p , .. «` 4. b g ...;' i -h ' ) I,, . 1 ."""""ill1111•.:: lc ' � • 4 ll": .illir 'k . IL "9140,4,1b1,„, :.:,•., • ,'. • , .4 '14' ,r U ', # 411'. 44 a ♦ K •a i � ..,% ' d ♦ tt •; ''^ i.