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SLR1999-00006
SLR1999 00006 PASCUZZI SEWER LINE EXTENSION .120 DAYS=11/10/99 CITY OF TIGARD Community Deve(opment ShapingA Better Community CITY OF TIGARD Was fiington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Number(s): SENSITIVE LANDS REVIEW (SLR) 1999-00006 Case Name(s): PASCUZZI SEWER LINE EXTENSION Name of Owner(s): Pascuzzi Investment Name of Applicant: Pascuzzi Investment Address of Applicant: 10250 SW North Dakota Street Tigard, OR 97223 Address of Property: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street. Tax Map(s)/Lot No(s).: WCTM 1S134DA, Tax Lot 3400 and 1S135CB, Tax Lot 200. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR SENSITIVE LANDS REVIEW. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON AUGUST 23, 1999, TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request:--)=. A request for Sensitive Lands/Water Resources Overlay approval to extend a sewer line across Fanno Creek. Zones: R-12 (Medium Density Residential) and I-P (Industrial Park) with Water Resources Overlay. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775 and 18.797. 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 13 The affected Citizen Involvement Team Facilitator © The applicant and owner(s) The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Final Decision: THIS DECISION IS FINAL ON AUGUST 27, 1 999 AND BECOMES EFFECTIVE ON SEPTEMBER II, 1999 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.6.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. ITHE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON SEPTEMBER 10, 1999. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an application for sensitive lands review and ) FINAL ORDER water resources overlay review for extension of a sanitary ) sewer across Fanno Creek at roughly 10250 SW North ) SLR 1999-0006 Dakota Street in the City of Tigard, Oregon ) (Pascuzzi Sewer) I. SUMMARY 1. The applicant requests sensitive lands review approval for landform alterations and related construction work to extend a sanitary sewer across Fanno Creek within a Sensitive Lands and Water Resources area. 2. The applicant, Pascuzzi Investment, proposes to place an 8-inch sewer line in a 2- to 21/2-foot wide and 11- to 121/2-foot deep trench situated roughly 20 feet south of and parallel to SW North Dakota Street for about 240 linear feet. After completion of the sewer installation, the ditches will be backfilled and the disturbed area will be revegetated. At the west end, the new line intersects a 36-inch trunk. At the east end, a new lateral will extend south to connect with an existing lateral. The proposed line will cross portions of TL 200, 3300 and 3400 in Sections 34 and 35 of T1S, R1W, WM, Washington County. Plans for the sewer, including typical cross sections, are in the record. 3. The applicant has obtained permits from the US Army Corps of Engineers ("USCOE") and Oregon Division of State Lands ("ODSL")to undertake development on wetlands and waterways in conjunction with the project. A copy of those permits is in the record. Those permits allow the applicant to undertake in-water work only between July 1 and September 30. 4. The applicant also will enhance 0.02 acres to compensate for impacts to wetlands. Detailed enhancement plans, including specifications for plantings, are in the record. 5. A City hearings officer held a duly noticed public hearing on August 23, 1999 to review the application. City staff recommended approval. The applicant accepted the staff recommendation without objections. No one else offered timely oral or written testimony regarding the application. The hearings officer approves the sensitive lands review as provided herein. H. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section III of the City of Tigard Staff Reported dated August 16, 1999(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. Hearings Officer Final Order SLR 1999-0006(Pascuzzi Sewer) Page 1 IV. HEARINGS AND RECORD 1. Hearings Officer Larry Epstein (the "hearings officer") received testimony at the public hearing about this application on August 23, 1999. 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 Julia Hajduk summarized the Staff Report and the applicable approval criteria. In response to a question from the hearings officer, she testified that the comment from City Engineers at page 9 of the Staff Report was intended to be a condition of approval,but was not included as such. She recommended the hearings officer add that comment as a condition of approval. 3. The applicant's representative, Spencer Vail, accepted the Staff Report, including the amendment to add the language on page 9 of the Staff Report as a condition, without objections or corrections. Mr. Vail waived the applicant's right to have the record held open for a final argument. The hearings officer closed the record after Mr. Vail's testimony. No one else appeared to offer testimony orally or in writing. V. EVALUATION OF REQUEST City staff recommended approval of the Sensitive Lands and Water Resources Reviews based on the findings in Section IV of the Staff Report and subject to conditions listed in Section II of the Staff Report as amended at the hearing to include the engineering comments on page 9 of the Staff Report. No one disputed those findings. The hearings officer concludes the findings in section IV of the Staff Report accurately reflect the law and the facts. The hearings officer adopts and incorporates those findings as his own. VI. CONCLUSION AND DECISION 1. Based on the findings adopted and incorporated herein, the hearings officer concludes that the proposed Sensitive Lands and Water Resources Review application 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 and the conditions of approval of this decision. 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 1999-0006 (Pascuzzi Sewer) subject to the conditions of approval in Section II of the Staff Report; provided,condition of approval 5 is hereby added to read as follows: 5. The applicant shall construct a public sanitary sewer line from the USA trunk line to a point adjacent to the west boundary of tax lot 200. The public line shall be constructed within the right of way of SW North Dakota Street. From that point on, the sewer line can be constructed as a private line. USA shall permit connection to the trunk line, and the City Engineering Department shall permit the public line to tax lot 200. Tigard Building Division will permit the private portion in a plumbing permit. D• TE � is 25th ..'of Aug st, 1999. Aehrie20'a Larry Epst r ,, ity,'ea"rigs Officer Hearings Officer Final Order SLR 1999-0006(Pascuzzi Sewer) Page 2 STAFF REPORT TO THE HEARINGS OFFICER .. CITY OF TIGARD FOR THE CITY OF TIGARD, OREGON Community Development Shaping Better Community 120 DAYS = 11/10/99 SECTION I. APPLICATION SUMMARY CASE: PASCUZZI SEWER LINE EXTENSION Sensitive Lands Review SLR1999-00006 PROPOSAL: The applicant is requesting Sensitive Lands Review approval and Water Resources Overlay approval to extend a sanitary sewer line across a Fanno Creek, an inventoried Major Stream. APPLICANT/ PLANNING OWNER: Pascuzzi Investment CONSULTANT: Spencer Vail 10250 SW North Dakota 4505 NE 24' Avenue Tigard, OR 97223 Portland, OR 97211 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (Tax Lot 3400) and Industrial (Tax Lot 200). ZONING DESIGNATION: R-12 and I-P. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street; WCTM 1S134DA Tax Lot 3400 and 1S135CB, Tax Lot 200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775 and 18.797. SECTION II. RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed extension of sewer line across Fanno Creek will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval. 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 1 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION r CONDITIONS OF APPROVAL PRIOR TO CONSTRUCTION, T ' ING C NDITIONS SHALL BE SATISFIED (UNLESS OTHERWISE NOTE o F, OJJTACTu""SHALL BE BRIAN RAGER ,,,,,.,.,,,.„.,,, .,,,,k,„,i::,:.: 41"-J-lik..:',.,::IV:. IN THE CITY OF,� I p EE ING DEPARTMENT 1. Install approved erosion control measures prior to construction. Erosion control measures may not be removed until construction has been completed. 2. Prior to construction, the pipe alignment and work area shall be staked and clearly marked. 3. After construction is complete, all temporary erosion control measures will be removed. 4. Upon completion of construction, the site shall be restored to its original state with natural vegetation and replacement of soil. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE";EFFECTIVE DATE OF THIS REPORT. SECTION III. BACKGROUND INFORMATION Site History: A computer search of the City records do not show any previous land use approvals have been granted for either of the lots. Vicinity Information and Proposal Description: The sewer line extension is in an area zoned R-12. The sewer line will be extended across Fanno Creek, which is listed as a major stream on the Water Resources Overlay Map. There are City inventoried and jurisdictional wetlands within the area to be crossed. Because the proposal is to cross a floodway, Sensitive Lands Review (SLR) approval by the Hearings Officer is required. Because the drainageway is listed as a major stream and identified on the City's inventory, review is required for compliance with the Water Resources Overlay standards. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: SENSITIVE LANDS Section 18.775 states that the Hearings Officer shall have the authority to issue a sensitive lands permit in the 100-year floodplain by means of a Type IIIA procedure, as governed in Section 18.390.050, using approval criteria contained in Section 18.775.070 B-E. Sensitive lands permits shall be required for any ground disturbance in the floodway. 100-year floodplain. The Hearings Officer shall approve, approve with conditions or deny 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 encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in the flood levels during the base flood discharge; 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 2 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION The subject proposal calls for the installation of sewer line. There will be only temporary impacts during the construction period. The landform alteration is in the form of digging a • trench for the sewer line and then back filling. 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 development associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards The proposal involves extending a sewer line across Fanno Creek. Because this is a utility, this standard is satisfied. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100- year flood. The proposed alteration is temporary in that it will last only for the duration of the construction of the sewer line. When completed, the water surface elevation will remain at its current level. The landform alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; No pedestrian/Bicycle pathway is proposed by the applicant. The construction will parallel an existing roadway and no pathway is shown on the adopted pedestrian/bicycle plan in the comprehensive plan. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; Because no pathway is proposed or required, this standard does not apply. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands (DSL) approvals shall be obtained; The applicant has applied for and received a Joint Permit application from the Division of State Lands and the US Army Corps or Engineers. Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of 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. As stated above, no pathway is required, therefore, dedication is not required and this standard does not apply. FINDING: Based on the analysis above, the applicant's plan fully complies with the applicable SLR standards for alteration in 100-year floodplain. Excessive slopes The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based upon findings that all of the following criteria have been satisfied: The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 3 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION The site disturbances are temporary in that once the sewer line is constructed, the site will be restored to its original state. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; The applicant must comply with erosion control methods as approved by the Division of States Lands, US Army Corps of Engineers and The City of Tigard Engineering Department which will insure this standard is met. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and No structures are proposed, therefore, this standard does not apply. 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 18.745, Landscaping and Screening. All areas disturbed will be brought back to their original state and re-vegetated once the construction of the sewer line is complete. Wetlands Because the wetland is identified on the Water Resources Overlay Map and is, therefore, listed as a significant wetland on the Comprehensive Plan Map, the Water Resources Overlay standards apply in-lieu of the Sensitive Lands Review standards. Work on the wetland is permitted as a Type II decision with mitigation because the proposal involves a utility crossing. WATER RESOURCES DEVELOPMENT STANDARDS (18.797.080) The following shall apply to all development, including native vegetation removal and excavation, within the WR overlay district. No application for a use identified in Section 18.797.050 shall be deemed complete until the applicant has addressed each of these standards in writing. Alternatives considered. Except for stream corridor enhancement, most Type II and Ill uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and Ill development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. The proposed private sewer line will connect to a 36" USA sewer line located along the west side of Fanno Creek. Connecting to this line as proposed will allow for a gravity flow. It is the closest sewer available. The alternative is to continue to use the old septic system. FINDING: Because the applicant has provided information indicating that no alternative location is available due to the topography necessary to provide sanitary sewer service to the properties, this criterion has been satisfied. Minimize siting impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. For Type II and III uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consistent with best management practices; 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 4 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. The applicant's narrative states that the reports and agency permits together with their conditions and recommendations will minimize siting impacts. These impacts will be temporary in nature and will last only for the duration of the construction. Staff concurs that the proposal has been designed to minimize impacts as much as possible given that the crossing of Fanno Creek is necessary in this location. FINDING: Because the proposal will minimize the impacts as much as possible, this standard has been satisfied. Construction materials and methods. Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. The applicant's mitigation plan approved as part of the Joint Permit process addresses specific construction techniques. Compliance with the permits previously approved will insure this standard is satisfied. FINDING: Because the applicant's approved mitigation plan will insure that damage to the water quality and native vegetation will be minimized, this standard has been satisfied. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Minimize flood damage. Above-ground residential structures shall not be permitted within the WR overlay district, where such land is also within the 100-year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain shall be designed consistent with Chapter 18.775, Sensitive Lands. No residential structures are proposed. The proposed extension will not decrease the flood storage capacity because the construction will return the site to its original state upon completion. FINDING: Because the applicant has indicated that the site will be returned to its original state upon completion of the project, this standard has been satisfied. Avoid steep slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25% or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. This standard does not apply because the project is necessary to construct a public facility. FINDING: Because the project is necessary to construct a public facility, this standard does not apply. Minimize impacts on existing vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. Temporary measures used for initial erosion control shall not be left in place permanently; The applicant has not stated that all temporary erosion control devices will be removed, therefore, a condition to this effect is necessary. 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 5 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation; The Joint permit approval requires the wetlands to be clearly flagged which will insure this standard is satisfied, however, a condition will also be required that prior to construction, the pipe alignment and work area will be staked and clearly marked. Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area; The applicant has stated that no trees will be impacted by this proposal. The condition to clearly mark the work area will help to insure that this standard is met. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place; The applicant's wetland delineation and mitigation plan states that no trees will be impacted, therefore, this standard does not apply. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. Excavated material will be stored adjacent to the trench. The contractor will then replace the topsoil over the trenches after the sewer line is in place. FINDING: Based on the analysis above, the applicant's plan indicates that the above standards will be satisfied provided that the following conditions are met. CONDITIONS: • Prior to construction, the pipe alignment and work area shall be staked and clearly marked. • After construction is complete, all temporary erosion control measures will be removed. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Vegetation mitigation plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.797.100, a mitigation plan shall be prepared and implemented. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis; The applicant has indicated that re-vegetation will occur after the installation of the proposed sanitary sewer line. In addition, the applicant will be enhancing a .02 acre wetland/riparian area along Fanno Creek in compliance with the approved mitigation plan. Where approval is granted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non-native vegetation within the remaining, protected riparian setback area on a 1.5:1 basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re-planted with native plant species; The proposal does not request a reduction in the riparian setback area, therefore, this standard does not apply. 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 6 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. The applicant's re-vegetation plan provides for the replanting and maintenance of native plant species designed to achieve pre-disturbed conditions and better. The applicant has not acknowledged responsibility for the replacement of plants that do not survive the first 2 years following construction and any replacement plants for an additional two years thereafter. However, by submitting a proposal to comply with these standards the applicant is accepting responsibility for complying with all standards before, during and after construction. FINDING: Based on the analysis above, the applicant's plan indicates that the vegetation mitigation plan standards will be satisfied. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Water and sewer infiltration and discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. Because this is simply a line crossing the creek, infiltration of floodwaters and discharges into the stream and wetlands are unlikely. FINDING: Because the sanitary sewer line has been designed using appropriate design standards and the line itself is not likely to be discharged into stream and wetlands or be infiltrated with floodwaters, this standard has been satisfied. On-site systems. On-site septic systems and private wells shall be prohibited within the WR overlay district. With the approval of this sewer line extension, the existing septic systems will be discontinued. FINDING: Because the existing septic system will be discontinued as a result of this project being approved, this standard does not apply. Erosion control plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion; The applicant's narrative states that sufficient erosion control methods such as silt barriers, will be employed. A condition will be attached requiring the erosion control measures to be approved by the Engineering Department and to be in place prior to construction. This may be removed only after construction has been completed. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only; The applicant has indicated that the excavated soil will be stored adjacent to the trench. The condition to clearly mark the construction area will insure that this is further satisfied. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction; 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 7 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION The applicant's joint permit allows construction between July and September only. By complying with this restriction, the applicant will meet this standard. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded; The applicant has provided a re-vegetation plan that indicates that the exposed soils will be covered after construction is complete. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff; Erosion control measures will be in place prior to construction. The sewer alignment across the creek will utilize cofferdams which will effectively hold sediment and run-off. A stabilized pad of gravel shall be constructed at all entrances and exists to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site; Because the project is adjacent to the road, there is no need for "entrances" to the development site. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation; The applicant's plans indicate that the topsoil removed will be reused to re-establish existing grades and support re-vegetation. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways; The applicant has proposed erosion control measures which will insure that sediments due to erosion are controlled on-site, however, the applicant will be responsible for the removal of any sediments carried into the street, water resources, or private property. This will be insured by requiring this standard to be met prior to final inspection. Any other relevant provisions of the Erosion Prevention and Sediment Control Plans Technical Guidance Handbook (City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. The Engineering plans will be reviewed for compliance with applicable erosion control standards. The Director will not require any additional requirements. FINDING: Based on the analysis above, the applicant's plan indicates that the above standards will be satisfied provided the following condition is met: CONDITION:Prior to construction, the erosion control plans must be approved by the City Engineer. 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 8 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Plan implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control of Re-vegetation Plan shall be implemented and maintained as follows: Erosion control measures shall be installed prior to any stripping or excavation work; The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly; Eroded sediment shall be removed immediately from pavement surfaces, off-site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts; Water containing sediment shall not be flushed into the surface water management system, wetlands or streams without first passing through an approved sediment filtering facility or device; In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. The applicant has submitted an erosion control and re-vegetation plan that will insure the standards are met. A condition will be required that all erosion control measures be in place prior to beginning construction. FINDING: Based on the analysis above, the applicant's plan indicates that the above standards will be satisfied. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. SECTION V. OTHER STAFF COMMENTS The Engineering Department has reviewed the proposal and provided the following comments: The applicant will be required to construct a public sanitary sewer line from the USA trunk line to a point adjacent to the west boundary of tax lot 200. The public line shall be constructed within the right-of-way of SW North Dakota Street. From that point on, the sewer line can be constructed as a private line. USA shall permit the connection to the trunk line, and the City Engineering Department shall permit the public line to tax lot 200. Tigard Building Division will permit the private portion in a plumbing permit. SECTION VI. AGENCY COMMENTS The US Army Corps of Engineers had an opportunity to review this proposal and offered no comments or objections. The Oregon Division of State Lands has had an opportunity to review the proposal and provided the following comments: "A Division of State Lands permit has been issued RF-16736 which authorizes the sanitary sewer line improvement. The permit expires 3/15/2000." 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 9 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION August 16, 1999 PREPARED Julia Pow Hajduk DATE Associate Planner 2� — August 16, 1999 APPROVED BY: Richard Bewersdorff DATE Planning Manager i:lcurpinlj ul is\s1r99-0006.doc 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 10 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION co - .• N 7 O 0 (4(�, N 0 m I y r CO OCR/�R ___ T -1 '� / b+SW NORTH DAKOTA STREET- 1 ,,,G„, t" '" ? -- - - - - - - _ - _ NIUl6A OIO n RI510E DROP E%FD _ 30.22 V rp c D-3034 — - - DZ STUD 00 T E7t/M r - - T _ �CIEPM _ DAL `RR.SICN / �• r/ - .MT EVE BOX -- EXAM- _ _E7LR/'r _ .- + -- - -T / IX.R/M' / ( •fq—-- LOW4v -- RY.155.40 ��.r�.`; 7 4'Q'^• ��j� 2132)x-r-ovefJ(ise--�__ - aw.M"--1- _� �\ y�/ a artr-f 6�-^ 7.d nto17'R/w J LI A. ,, �3A l� _'v - ''' / /. %bra --�-� . _- ixs L - � �,�� lliFE _ �%�E�( IE. t0 yW SANSwR N �ip NSTAU.tt`� D y F/W NO -GREEK l ! o i33.25 t AN) 11-1/rBENO _ i 1E.152.56 OUT n A# l'"N D U � a \�°' DES 1 . W E �+����. S}yyy '' EK.ruTE \4 �RypR ! l■ r� 'i TAX MAP ,5-1-340.4 `-t' \ 'gO vAUIT.' . \ E.; ! T/L3300 T/L3400 — EXISTING DRAIN FIELD — '2e�b L, 5 0O wM 8 TO BE ABANDONED O4 IT\ x t i=2--1 ! --- TRACT a F W 1 • UNE'A'145106 25.44 \ W RIM-164.49 i • o UN.USA 2010 W/IgNq11SIDE DROP EXISTING SEPTIC TAM( (521DETAlL) i (TO BE REW'+ED) )06 • TAX LOT 3400 TAX LOT 200 p-�� UNE'B'CT Nr /r 1 RECONNECT >At o- E'.:YC' f-R4i Vt EX.LATERAL "`^EDJ,`^K • UNE'A'STA.-$+04.50 II • EXISTING MANgIE - REUOVE SUMP PUMP w40 • RECONSTRUCT MI RASE ‘/ID RN.165.36 1° t - EXISTING Bp URNG- O O O ON IT /./1-ID T1 rl rn H - O r z z m CITY OF TIGARD PLANNING DIVISION i>, • . • t•N� ��.��P,� wwwilmw CITY of TIGARD '- �� . - GEOGRAPHIC INFORMATION SYSTEM LACK oft AVE ��P ■■$'111 VICINITY MAP 1- - II ' � W IND50'1111 ii- 1111►y� ��`',,, N VA �-0. WINDS.-PL �� SLR 1 999-00006 liii ,� 2 SUBJECT &M--- PASCUIII = TAX LOTS SEWER LINE ! 1ii ���� J EXTENSION ■ 1 — �E ■ it 1 II my 111111 . ` v- 4c v. NORT ilIIII mil. MIN „i . t_2 MI MI 111�� N .. .\. \ irillirirsy, #* i 7. i .. _ ST TIGARD ST 4 1117. 0 100_ 200 300 400 500 Feet �& t.._376 feet l •Ai I III J ;4,, `6` - SW PIHAS CT City oE�►_..i 1- City of Tigard Q 111L- _ should be verified wish the Development Sernces Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)639-1171 ■ ---_MM! ______I 44 http:Wemv.ci.tiWrd.or.us Community Development Plot date:Jul 14, 1999;C:tmagic\MAGIC03.APR CITY OF TIGARD Community Deve(opment Shaping Better Community CITY OF TIGARD HEARINGS OFFICER AUGUST 23, 1999 - 7:00 P.M. A G E N D A �3 I. CALL TO ORDER 2. PUBLIC HEARING 2.1 PASCUZZLSEWER_LINE_EXTENSI.ON SENSITIVE LANDS REVIEW (SLR) 1999-00006 PROPOSAL: The applicant is requesting Sensitive lands Review approval and Water Resources Overlay approval to extend a sanitary sewer line across a Fanno Creek, an inventoried Major Stream. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street; WCTM ISI34DA tax lot 3400 and IS135CB tax lot 200. COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (tax lot 3400) and Industrial (tax lot 200). ZONING DESIGNATION: R-I2 and I-P. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775 and 18.797. 3. OTHER BUSINESS 4. ADJOURNMENT CITY OF TIGARD HEARING'S OFFICER PAGE 2 OF 2 8/23/99 PUBLIC HEARING AGENDA CITY OF TIGARD HEARING'S OFFICER AUGUST 23, 1999 — 7:00 P.M. TOWN HALL TIGARD CITY HALL, 1 31 25 SW HALL BOULEVARD TIGARD, OR 97223 p���.i�..��.�i.���i���.►r.►i.►ri.►���►iiir�rrr���►i��rr�►��iii.�i.►�.►i��.��ri.►��i /////.►//►�./i./�.//////�i./�././/i /////n.�. .►in.:►/r�///////////.,r/.v�..�ri.//i.//.///////a�air/rin///./'w�.►w/....�... rq P ' An one wishing speak on an agenda item must sign-in� g to Y P g on the appropriate sign-in sheets. %' 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 I Of 2 8/23/99 PUBLIC HEARING AGENDA STAFF REPORT TO THE HEARINGS OFFICER . CITY OF TIGARD FOR THE CITY OF TIGARD, OREGON communityDevefapment Shaping A Better Community 120 DAYS = 11/10/99 SECTION I. APPLICATION SUMMARY CASE: PASCUZZI SEWER LINE EXTENSION Sensitive Lands Review SLR1999-00006 PROPOSAL: The applicant is requesting Sensitive Lands Review approval and Water Resources Overlay approval to extend a sanitary sewer line across a Fanno Creek, an inventoried Major Stream. APPLICANT/ PLANNING OWNER: Pascuzzi Investment CONSULTANT: Spencer Vail 10250 SW North Dakota 4505 NE 24th Avenue Tigard, OR 97223 Portland, OR 97211 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (Tax Lot 3400) and Industrial (Tax Lot 200). ZONING DESIGNATION: R-12 and I-P. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street; WCTM 1S134DA Tax Lot 3400 and 1S135CB, Tax Lot 200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775 and 18.797. SECTION II. RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed extension of sewer line across Fanno Creek will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval. 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 1 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION CONDITIONS OF APPROVAL PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED (UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE BRIAN RAGER IN THE CITY OF TIGARD ENGINEERING DEPARTMENT). A 1. Install approved erosion control measures prior to construction. Erosion control measures may not be removed until construction has been completed. 2. Prior to construction, the pipe alignment and work area shall be staked and clearly marked. 3. After construction is complete, all temporary erosion control measures will be removed. 4. Upon completion of construction, the site shall be restored to its original state with natural vegetation and replacement of soil. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS REPORT. SECTION III. BACKGROUND INFORMATION Site History: A computer search of the City records do not show any previous land use approvals have been granted for either of the lots. Vicinity Information and Proposal Description: The sewer line extension is in an area zoned R-12. The sewer line will be extended across Fanno Creek, which is listed as a major stream on the Water Resources Overlay Map. There are City inventoried and jurisdictional wetlands within the area to be crossed. Because the proposal is to cross a floodway, Sensitive Lands Review (SLR) approval by the Hearings Officer is required. Because the drainageway is listed as a major stream and identified on the City's inventory, review is required for compliance with the Water Resources Overlay standards. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: SENSITIVE LANDS Section 18.775 states that the Hearings Officer shall have the authority to issue a sensitive lands permit in the 100-year floodplain by means of a Type IIIA procedure, as governed in Section 18.390.050, using approval criteria contained in Section 18.775.070 B-E. Sensitive lands permits shall be required for any ground disturbance in the floodway. 100-year floodplain. The Hearings Officer shall approve, approve with conditions or deny 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 encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in the flood levels during the base flood discharge; 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 2 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION The subject proposal calls for the installation of sewer line. There will be only temporary impacts during the construction period. The Iandform alteration is in the form of digging a trench for the sewer line and then back filling. 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 development associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards The proposal involves extending a sewer line across Fanno Creek. Because this is a utility, this standard is satisfied. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100- year flood. The proposed alteration is temporary in that it will last only for the duration of the construction of the sewer line. When completed, the water surface elevation will remain at its current level. The Iandform alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; No pedestrian/Bicycle pathway is proposed by the applicant. The construction will parallel an existing roadway and no pathway is shown on the adopted pedestrian/bicycle plan in the comprehensive plan. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; Because no pathway is proposed or required, this standard does not apply. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands (DSL) approvals shall be obtained; The applicant has applied for and received a Joint Permit application from the Division of State Lands and the US Army Corps or Engineers. Where Iandform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of 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. As stated above, no pathway is required, therefore, dedication is not required and this standard does not apply. FINDING: Based on the analysis above, the applicant's plan fully complies with the applicable SLR standards for alteration in 100-year floodplain. Excessive slopes The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based upon findings that all of the following criteria have been satisfied: The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 3 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION The site disturbances are temporary in that once the sewer line is constructed, the site will be restored to its original state. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; The applicant must comply with erosion control methods as approved by the Division of States Lands, US Army Corps of Engineers and The City of Tigard Engineering Department which will insure this standard is met. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and No structures are proposed, therefore, this standard does not apply. 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 18.745, Landscaping and Screening. All areas disturbed will be brought back to their original state and re-vegetated once the construction of the sewer line is complete. Wetlands Because the wetland is identified on the Water Resources Overlay Map and is, therefore, listed as a significant wetland on the Comprehensive Plan Map, the Water Resources Overlay standards apply in-lieu of the Sensitive Lands Review standards. Work on the wetland is permitted as a Type II decision with mitigation because the proposal involves a utility crossing. WATER RESOURCES DEVELOPMENT STANDARDS (18.797.080) The following shall apply to all development, including native vegetation removal and excavation, within the WR overlay district. No application for a use identified in Section 18.797.050 shall be deemed complete until the applicant has addressed each of these standards in writing. Alternatives considered. Except for stream corridor enhancement, most Type II and Ill uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and Ill development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. The proposed private sewer line will connect to a 36" USA sewer line located along the west side of Fanno Creek. Connecting to this line as proposed will allow for a gravity flow. It is the closest sewer available. The alternative is to continue to use the old septic system. FINDING: Because the applicant has provided information indicating that no alternative location is available due to the topography necessary to provide sanitary sewer service to the properties, this criterion has been satisfied. Minimize siting impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. For Type II and Ill uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consistent with best management practices; 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 4 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. The applicant's narrative states that the reports and agency permits together with their conditions and recommendations will minimize siting impacts. These impacts will be temporary in nature and will last only for the duration of the construction. Staff concurs that the proposal has been designed to minimize impacts as much as possible given that the crossing of Fanno Creek is necessary in this location. FINDING: Because the proposal will minimize the impacts as much as possible, this standard has been satisfied. Construction materials and methods. Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. The applicant's mitigation plan approved as part of the Joint Permit process addresses specific construction techniques. Compliance with the permits previously approved will insure this standard is satisfied. FINDING: Because the applicant's approved mitigation plan will insure that damage to the water quality and native vegetation will be minimized, this standard has been satisfied. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Minimize flood damage. Above-ground residential structures shall not be permitted within the WR overlay district, where such land is also within the 100-year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain shall be designed consistent with Chapter 18.775, Sensitive Lands. No residential structures are proposed. The proposed extension will not decrease the flood storage capacity because the construction will return the site to its original state upon completion. FINDING: Because the applicant has indicated that the site will be returned to its original state upon completion of the project, this standard has been satisfied. Avoid steep slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25% or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. This standard does not apply because the project is necessary to construct a public facility. FINDING: Because the project is necessary to construct a public facility, this standard does not apply. Minimize impacts on existing vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. Temporary measures used for initial erosion control shall not be left in place permanently; The applicant has not stated that all temporary erosion control devices will be removed, therefore, a condition to this effect is necessary. 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 5 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION • Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation; The Joint permit approval requires the wetlands to be clearly flagged which will insure this standard is satisfied, however, a condition will also be required that prior to construction, the pipe alignment and work area will be staked and clearly marked. Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area; The applicant has stated that no trees will be impacted by this proposal. The condition to clearly mark the work area will help to insure that this standard is met. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place; The applicant's wetland delineation and mitigation plan states that no trees will be impacted, therefore, this standard does not apply. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. Excavated material will be stored adjacent to the trench. The contractor will then replace the topsoil over the trenches after the sewer line is in place. FINDING: Based on the analysis above, the applicant's plan indicates that the above standards will be satisfied provided that the following conditions are met. CONDITIONS: Prior to construction, the pipe alignment and work area shall be staked and clearly marked. After construction is complete, all temporary erosion control measures will be removed. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Vegetation mitigation plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.797.100, a mitigation plan shall be prepared and implemented. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis; The applicant has indicated that re-vegetation will occur after the installation of the proposed sanitary sewer line. In addition, the applicant will be enhancing a .02 acre wetland/riparian area along Fanno Creek in compliance with the approved mitigation plan. Where approval is granted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non-native vegetation within the remaining, protected riparian setback area on a 1.5:1 basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re-planted with native plant species; The proposal does not request a reduction in the riparian setback area, therefore, this standard does not apply. 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 6 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. The applicant's re-vegetation plan provides for the replanting and maintenance of native plant species designed to achieve pre-disturbed conditions and better. The applicant has not acknowledged responsibility for the replacement of plants that do not survive the first 2 years following construction and any replacement plants for an additional two years thereafter. However, by submitting a proposal to comply with these standards the applicant is accepting responsibility for complying with all standards before, during and after construction. FINDING: Based on the analysis above, the applicant's plan indicates that the vegetation mitigation plan standards will be satisfied. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Water and sewer infiltration and discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. Because this is simply a line crossing the creek, infiltration of floodwaters and discharges into the stream and wetlands are unlikely. FINDING: Because the sanitary sewer line has been designed using appropriate design standards and the line itself is not likely to be discharged into stream and wetlands or be infiltrated with floodwaters, this standard has been satisfied. On-site systems. On-site septic systems and private wells shall be prohibited within the WR overlay district. With the approval of this sewer line extension, the existing septic systems will be discontinued. FINDING: Because the existing septic system will be discontinued as a result of this project being approved, this standard does not apply. Erosion control plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion; The applicant's narrative states that sufficient erosion control methods such as silt barriers, will be employed. A condition will be attached requiring the erosion control measures to be approved by the Engineering Department and to be in place prior to construction. This may be removed only after construction has been completed. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only; The applicant has indicated that the excavated soil will be stored adjacent to the trench. The condition to clearly mark the construction area will insure that this is further satisfied. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction; 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 7 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION The applicant's joint permit allows construction between July and September only. By complying with this restriction, the applicant will meet this standard. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded; The applicant has provided a re-vegetation plan that indicates that the exposed soils will be covered after construction is complete. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff; Erosion control measures will be in place prior to construction. The sewer alignment across the creek will utilize cofferdams which will effectively hold sediment and run-off. A stabilized pad of gravel shall be constructed at all entrances and exists to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site; Because the project is adjacent to the road, there is no need for "entrances" to the development site. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation; The applicant's plans indicate that the topsoil removed will be reused to re-establish existing grades and support re-vegetation. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways; The applicant has proposed erosion control measures which will insure that sediments due to erosion are controlled on-site, however, the applicant will be responsible for the removal of any sediments carried into the street, water resources, or private property. This will be insured by requiring this standard to be met prior to final inspection. Any other relevant provisions of the Erosion Prevention and Sediment Control Plans Technical Guidance Handbook (City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. The Engineering plans will be reviewed for compliance with applicable erosion control standards. The Director will not require any additional requirements. FINDING: Based on the analysis above, the applicant's plan indicates that the above standards will be satisfied provided the following condition is met: CONDITION: Prior to construction, the erosion control plans must be approved by the City Engineer. 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 8 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Plan implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control of Re-vegetation Plan shall be implemented and maintained as follows: Erosion control measures shall be installed prior to any stripping or excavation work; The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly; Eroded sediment shall be removed immediately from pavement surfaces, off-site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts; Water containing sediment shall not be flushed into the surface water management system, wetlands or streams without first passing through an approved sediment filtering facility or device; In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. The applicant has submitted an erosion control and re-vegetation plan that will insure the standards are met. A condition will be required that all erosion control measures be in place prior to beginning construction. FINDING: Based on the analysis above, the applicant's plan indicates that the above standards will be satisfied. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. SECTION V. OTHER STAFF COMMENTS The Engineering Department has reviewed the proposal and provided the following comments: The applicant will be required to construct a public sanitary sewer line from the USA trunk line to a point adjacent to the west boundary of tax lot 200. The public line shall be constructed within the right-of-way of SW North Dakota Street. From that point on, the sewer line can be constructed as a private line. USA shall permit the connection to the trunk line, and the City Engineering Department shall permit the public line to tax lot 200. Tigard Building Division will permit the private portion in a plumbing permit. SECTION VI. AGENCY COMMENTS The US Army Corps of Engineers had an opportunity to review this proposal and offered no comments or objections. The Oregon Division of State Lands has had an opportunity to review the proposal and provided the following comments: "A Division of State Lands permit has been issued RF-16736 which authorizes the sanitary sewer line improvement. The permit expires 3/15/2000." 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 9 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION August 16, 1999 PREPARED"6/10 lia Pow Hajduk DATE Associate Planner - August 16, 1999 APPROVED BY: Richard Bewersdorf DATE Planning Manager is\curpin\julialsIr99-0006.doc 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 10 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION 3 a) 0 0 N (D m X y I — __ I Exit"03 rn �___________-_. ocRl. -� 'O J b4SW NORTH DAKOTA STREETS 1 E%,51,10 MIDGE A p,D.�N bE DRS ..--_r - -- -3-SEE-DCTk— ---r -IMMUNE CON _ _ - OIEPM - Ek.rl i ! _ 16M160. b EX.[R 30.22 V rP1c 0-3034 _ T A000 -.-1 .--••-. _... IIIR:SIOTi --_ ., ) EXISTING y R6A.t35.b -IX.R/W 1 '- _- . - - I /IX.R/W /- aA'AORAIE r 1 �BI,AIFR WANE BO% - - .A; '.T_._..__._ 213.27 - +VC1563s�-._� ��� .m....uo7.,..._f-`R' _1 _ ,o ...' ! aw wm-' ,ta 70'AIOYR/M' 111E-A; •�.- " � '� `,•1. If _uNE'A•STA.O� _ TOD i .IO Au r. IE.137�s N 1 Ef TTp(1 NSTALL 1 1.,..3741:0060 FANIV�-CREEK �' " �,:1wR .70(Pw i� o \IE .ri ��' 1 • L)/ D�NNS MG,SSiVBf IX.OUTFALL C / \Qy a" 1 • 1 MD ,17REDUC , — — — _ IE.152.56 OUT +0, `f -p0 G` 1 . W+E I `7\ sq IX.1rATF1t' 4 3.27 VAULT • \ R:.136.67 OUT f TAX MAP 1 5-1-J4DA TPf� I. i T/L3300 T/L3400 - EXISTING DRAIN FIELD - - . v S CITY OF.soars 8 TO BE ABANDONED 4rF; 4 �`' - rRACT u $ ( e UNE 'A'STA.3125.44 1 h MH.USA/010 W/IpNISIpE DROP DROP \ W COSTING SEPTIC TANK (SEE IDETAIL) `, (TO RE REWVED) 7 O61.F L TAX LOT 3400 TAX LOT 200 •• E`er ��IPF-max UNE E'UT /�. I t V1 ES.L*TNERK • o_ g TERAE Ys r • LINE-A'STA.4•04.50 EXISTING NAIN1oLE i U \O -E OVE SUMP PIA i5 Z TAo mu.(8536 1 I - E%STINO BUIIDINO.- O O O ON m 4,1 - MI m n Z _ v„ - T....I C.10 r 1 Z Z rn CITY OF TIGARD PLANNING DIVISION 9® s . I P1+•N� .,��w��= CITY of TIGARD . f- • GEOGRAPHIC IMF OR MATIOX SYSTEM LACK Ilitik ¢ —` AVE 01 � P �� VICINITY MAP '' ri. WINDSO'1111110 0 MI wrENE1:1:-0� WINDS :PL �� SLR 1 999-00006 CD 2 clam. 2 SUBJECT .a.s PASCULLI AIM TAX LOTS SEWER LINE �■ aJ EXTENSION t.t. __________, 11iii i -� � � 1,.. w ..- - imaof:��r� ' NA / NORT.I (P1 II 411 Ism - - ■ 64,„ kt\,,. , 0 z vi\\\\* \S\ co a , f - 0 L i / ST TIGARD ST / 0 foo zoo 300 100 soo Feet �� 1"=378 feet 6 S . • . A e =IC - City of Tigard Information on this map is for general location only and should be venhed with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)639-1171 AllIA I httpaMnwv.ci.tigard.or.us Community Development Plot date:Jul 14, 1999;C:\magic\MAGIC03.APR ,veal ^•��' CITY OF TIGARD Community(Development Shaping Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, AUGUST 23, 1999 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(SLRI 1999-00006 FILE TITLE: PASCUZZI SEWER LINE EXTENSION OWNER/ Pascuzzi Investment PLANNING CONSULTANT: Spencer Vail APPLICANT: 10250 SW North Dakota 4505 NE 24th Avenue Tigard, OR 97223 Portland, OR 97211 REQUEST: A request for Sensitive Lands/Water Resources Overlay approval to extend a sewer line across Fanno Creek. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street; WCTM 1S134DA Tax Lot 3400 and 1S135CB Tax Lot 0200. ZONES: R-12 (Medium Density Residential) and I-P (Industrial Park) with Water Resources Overlay. APPLICABLE Community Development Code Chapters 18.390 (Decision Making Procedures); REVIEW 18.775 (Sensitive Lands); and 18.797 (Water Resources Overlay District). CRITERIA: THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684- 2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. SLR 1999-00003/PASCUZZI SEWER LINE EXTENSION NOTICE OF 8/23/99 HEARINGS OFFICER PUBLIC HEARING IF A PERSON SUBMITS EVIDEN iN SUPPORT TO THE APPLICATION , ER AUGUST 16, 1999, 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 PLANNING COMMISSION 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 JULIA HAJDUK AT (503)639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. --z---r - a CITY ofTIGARD , I f 40 \\ ` � _ P`'4 i� Ave -�. VICINITY MAP P .._� _ ow w •# _2, 177>�. milli 1999-00006 4 mi llly h--.TIN ` " I I II L 2 SUBJECT ®��� -' PASCUlll i \� — TAX LOTSI • SEWER LINE u =� �J EXTENSION H___ .�.__. _- _ __ IC $ • i T 1I NORTH DAKO A Si `- i / 74 k -.0 , _____,„I y lit� d: i---_ ± A■ I 'SL~ TIGARD ST . _ •. too ,00, J00 aoo soo rwt City of Tigard .4 1 Iiiika form NI MI A 4:411LI .. t,w.m.ib ins.m,o.w p,n.n Iwi o.y,w %/--- {N{ •o...at.^.rlt s«w.o•..nm II 13125 9.1 SW Hat Blvd �_ y pa.aOR 97223 (`+4J1639.a 111 - ___ 3 19t5(1.v....C.09.14 w us■SLR 1999-00003/PASCUZZI SEWER LINE EXTENSION NOTICE OF 8/23/99 HEARINGS OFFICER PUBLIC HEARING ' - Spencer H. Vail 2845506 P. 01 FROM :FIRIT RMERICPN TITLE 5E13 790 7872 1999,-,7-11 1:4:52 43SO P.01/04 ! SLR /q99 0000 � 3 A • EAR O i4g •I First American Title Insurance Company? of Oregon • `'i An assumed huffiness name 01 11 I'LE 114(TRANCE COMPANY OF OREGON t , 1l � `° r Jul 13, 1999 AT&T - E SERVICES d J - C July ATTN�SPEN'' R VAfl v l 5 ( 46051`�r 24 .A• .• a.Pl ?A klt�/ PORT ' .OR 9 11 1 sl G> t y,p/ 1 -ef 1)(5 Y M - _ For Customer Service just remelmmber(503')219-TRIO or(503)219-8746. We appreciate this opportunity to be of i 4 . service to you. if you have any questions regardii g this report,please call: -J" JO1-1N 790-7871 . f it 1 i' First American Title Insurance Company of Oregon 1700 SW Fourth Avenue, Suite 102 t Portland, OR 97201-5512 Phone: (503)219-8746 Fax: (503) 790-7872 This title info}rnation has been furnished,without charge,in conton3ance with the guidelines approved by the State of Oregon Insuran e Commissioner. The Insurance Division cautions intermediaries that this service Is designed to bcnetir the ultimate insureds;indiscriminate use only benettttii g intermediaries will not be permitted. Said Services may be discountinutd. No liability is gssurcd for any errors in this report, ■ . � , _ _. Spencer H. Vail 2845506 P. 02 r FROM :FI1:2-7 AMERIORN TITLE 803 790 7572 1999._e-13 13:53 ft3.50 F.02/©4 �5 s AM E re, First American Title Insurance Company of Oregon t - _ 14. An asKuruta busincs$norm of'Ufa INSIJRA,NCE COMPANY OF OREGON - ' r 1700 SW Fourth Avenue,Suite 102•Portland,OR 97201-5512 • Phone:(503)790-7871 •Fax: (503)790-7872 July 1 , 1999 AT& Wireless Services Attn: peneer Vail 4505 E 24`h Avenue i Portl d,OR 97211 Dear Mr .Vail ' First American Title completed a search for properties within 500 feet of the following tax lots in Washngt.0n County.Oregon: __LL 1S1W34DA 03400 1S1VJ35CB 00200 This learrch was completed with the use of our copies of the tax assessor maps and by utilizing a database called Metroscan that we purchase from Transamerica intell.itech,Inc. if ye, have any fu ther customer service needs please do not hesitate to contact me. Sine .ely, / / . John: .Cozier 1 Cust inter Service Manager i i; i z I • ISpencer H. Vail 2845506 P. 03 FROM aFiR9r AMERICAN TITLE 603 79@ 7872 159' _1-13 13:53 t1380 P.03/04 SS AMr, at `k,' . - 4. First American Title Insurance Company of Oregon Washington(OR) Prepared For: Prepared by:LORI COOKE i Customer Service Department i ■ 1700 SW Fourth Avenue - Portland,Oregon 97201-5512 Phone:(503)222-3651 Fae:(503)790-7872 OWNERSHIP INFORMATION .- - ., . Owner :.Pascuzai Investment. RefPa;•crel Number (-iSl34DA.3400-'' CoOwner :1 T:01S R:0)W S:34 ^ Q:2S1 Site Address :`*No Site Address* Parcel Number : R0269676 Mail Address :k 10250 SW North Dakota St Tigard Or 97223 Map Number . Telephone :(Owner: Tenant: County :Washington(OR) 1 ! SALES AND LOAN INFORMATION Tufiri�forrad -`nr;ltt?l4i Loan Amount Document ft :37908 Lender Sale Price Loan Type .• Deed Type . :IQuit Claim InterestRale 9 Owned :1.100 Vesting Type PROPERTY DESCRIPTION f ASSESSMENT AND TAX INFORMATION Map Page&Grid : Mkil and :$4,360 Census t : Traci: Block: AfktStructure . Subdivision/Plat • MktOther : Neighborhood C :KR57 Mkt Total :$4,360 Land Use : 1002 Vacant,Residential WO Am'Total :$4,340 Legal :ACRES 1,08 %Improved 98-99 Taxes :$63,07 Exempt Amount : Exempt Type . Levy Code :02374 Millage Bate : 14.9379 r I ----- PROPERTY CHARACTERISTICS it Bedrooms Lot Acres : 1.08 Year Built - Bathrooms Lot Set :47,044 EffYearBlt .• Heat Method Bs►n Fin Set Floor Cover Pool Bsm Unfin SqFt : Foundation . Appliances Bsrn Low Set : Roof Shape : Dishwasher Bldg Set Roof Mats . Hood Fan 1st Fir SqFt litteriorMat . Deck Upper Flr SqFt : Paving Matt Garage Type Parch SgFt Coast Type . Garage SF Attic SqFt Ext Finish : Deck SqFt .• 4.0.. - S This tide information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commlasioner. The insurance Division cautions Intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only lianefiidng intermediaries will not be permitted. Said services may be discontinued. No liability is aa#utried for*my errors in this report. S►encer H. Vail 2843306 P. 04 FROr 1 s F t PS 7 i 4r 1 R i Ci iN TITLE 603 7£B0 7i572 169S...,7-13 13:54 0380 P.04/04 sl AMEA r "14- First American Title Insurance Company of Oregon "K-. Washington(OR) Prepared For Prepared By LORI COOKE Customer Service Department 1700 SW Fourth Avenue - Portland,Oregon 97201-5512 Phone:(503)222.3651 Fax (503)790-7872 OWNERSHIP INFORMATION -----° Owner :Paseuzzi Investment Ref Parcel Munh LSL4CR 1+200- " CoOwner :` s.744}..Sir+L T:01S R: ---&73-5-01006 Q:252 Site Address :110250 SWN?iS - Parcel Number :R0273402 Mail Address :i 10250 SW North Dakota Si.Tigard Or 97223 Map Number Telephone :iOwrter: Tenant: County :Washington(OR) r - � SALES AND LOAN INFORMATION Transferred :06 /02/95 Loan Amount , Document it 137912 Lender . Sale Price Loan Type Deed Type :I Quit Claim Interest hate : %Owned :1100 Vesting Type , . I PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page&Gri MktLand :$498,740 . 'Census : Tract: Block: MklStructure :$1,598,590 Subdivision/Plat Mk1Olher Neighborhood C :11217 MktTotal :$2,097,330 Land Use :3012Ind,limproved M5OAssd Total :$1,711,210 Legal :ACRES 4.49 'Yo Improved :76 f ; 9'5-99 Taxes :$25,561.88 Lrempt Amount : r: • i Erempt Type h■ 1 Levy Code :02374 tillage Rate : 14.9379 1 i 1 PROPERTY CHARACTERISTICS Bedrooms Lot Acres :4.49 Year Built : Bathrooms 1 Lot SO : 195,584 EffYearB11 Heat Method 1 Bsm Fin SgFt Floor Cover Pool k Bon Unfin SgFt : Foundation Appliances i Rsni Low SgFt : Roof Shape . Dishwasher Bldg StiFt RoofMuti . Hood Fats 1st Fir SqFt InteriotMat , Deck Upper Flr SgFt : Paving Mati Garage Type i Porch SciFt Cont Type • Garage SF Attic Set Ext Finish . /)eck Syrt : This title Information has been furnished,without Charge,In conformance with the guidelines approved by the State of Oregon Insurance Comrnlisioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use i' only tie netiting intermediaries will not be permitted. Said services may be dleoontinued. No liability Is assumed for any errors in this report. Ri- /6. 73I REQUEST FOR COMMENTS CITY OF TIGARD Community(Development DIVISION ECEIVEDD LANDS Shaping A Better Community DATE: July 14,1999 RECEIVED PLANNING TO: OREGON DIVISION OF STATE LANDS' JI�� ! A 8 53 JUL 2 01999 FROM: City of Tigard Planning Division CITY OF T►GARD STAFF CONTACT: Julia Hajduk,Associate Planner Phone: (5031 639-4111 I Fax: [5031 684-1291 SENSITIVE LANDS REVIEW[SLR)1999-00003 PASCUIII SEWER LINE EKTENSION A request for Sensitive Lands/Water Resources Overlay approval to extend a sewer line across Fanno Creek. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street; WCTM 1S134DA Tax Lot 3400 and 1S135CB Tax Lot 0200. ZONES: R-12 (Medium Density Residential) and I-P (Industrial Park) with Water Resources Overlay. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision Making Procedures); 18.775 (Sensitive Lands); and 18.797 (Water Resources Overlay District). Attached are the Site Plan, Vicinity Map and Applicant's Statement/Materials 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: JULY 28,1999. 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: ,.r - — /i6 1,' Cis% .. �� _ Jr .�G /.a - w✓ .1z/(7 ,� — J— 2 u u (Please provide Mel-drawing information)Name of Person[S)Commenting: Gve I Phone Numher(sl: }7 di 1 • per . 4 . . e v REQUEST FOR COMMENTS S CITY OF TIGARD Community(Development Shaping Better Community DATE: )illy 14,1999 TO: Brian Rager,Development Review Engineer FROM: City of Tigard Planning Division STAFF CONTACT: Julia Hajduk,Associate Planner Phone: [5031 639-4171/Fax: [5031684-1291 SENSITIVE LANDS REVIEW[SLR]1999-00003 PASCUIII SEWER LINE EXTENSION A request for Sensitive Lands/Water Resources Overlay approval to extend a sewer line across Fanno Creek. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street; WCTM 1S134DA Tax Lot 3400 and 1S135CB Tax Lot 0200. ZONES: R-12 (Medium Density Residential) and I-P (Industrial Park) with Water Resources Overlay. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision Making Procedures); 18.775 (Sensitive Lands); and 18.797 (Water Resources Overlay District). Attached are the Site Plan, Vicinity Map and Applicant's Statement/Materials 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: JULY 28,1999. 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 vt, , . sr c. --T- A MLAc ; z..1 CG-.,CP-_ L F FRv,-1 cr 1-1Or4K- L4r. T • A g5tN1 A41 T Vec-SST {�oJ►.�r o E 1 1_�,a-c Zoo• �-� RE.0-- t-�4.3e �4 . 66 co. S MTth4 -Pk: Pov'.► ¢ • 1\'�r-t )NC A L-► �tJ orl sptRuc-cc AS A- 1R✓aTG- L-i et4 . DF . USA s,Ec r .krT 7 wick -r -cam -cr PAL t4 CAT,(4.5%-iak.)- C'6R 2-D, � > f�.. �,-+�, ( P-r. -rte P I JA'Ct� Pil ch ►ti.l A q v P ",11. ., (cP1iase provide the folk-wing information)Name of Person[sl Commenting: Phone Number[sl: x 2-2t I B cu T3 = 0 0 (0 (5- ...... m X CA I .... _ ....1 ---i"--"ErZw7w __ TrIqrs- -- CO FPI 1---- _..1. -arus.,*EorviNsioc.49 we ____ ..■,. ■■■1 MCI I if-SW NORTH DAKOTA STREET- exestm!PDX ' Rm 160. b — —v- - — cenviuNc 01.02 .22 v irne_it-lou —rseT otrAi..F- WAUSTINGTER WOE BOX 10- sTko•-oo - ----Eigi;_•— '''''''''''''— - I._. __.. •e.• -. ._ •- _• -• • , 0.v. T ovaRoRAN. (- `re„ -\ 1--"—C———_ 17.1 Rw.,5.5.,o • '7.-----2_ 213 27_4X-Ef-RveTh=3334^-:-..._.... • __ D..,,7_,_=__r j \ AruNes-' -155-- ir,.,7i0-1-71,,,—J UNE_.•.! 7:---.--.,,-12.0, %h• ,--..--!--..•. .'„,• j I, . /- 'c - - — BOL0.1.0`, ,../ % ii . ts' . : ::....a7Z1------r- -:---''''--.-.Z.----77-7-1-7.1-2.;.=-„:44-...--;...--, ALL,..--.- a ETT7735 I . UNE'A'STA.04- --- NSIAu. 11V FANNO CREEK ___- ---7.• .7-.....:_- Z..--dot IE. .10 O1.17-+IV SmSwR .e , ,..1E.153.25 R i • /b..,' CONNECT 70 ---- . SANSWR I-Alk• . s',.es, 6- N Z( -oosTwc 12-S7U8 i 4(fR .-''ECOUlTALL,,,, 41, wirxiraroucER r , — -- — _____ ......- tE.1 52.56 OW AND 1,-1/eBEND - R._ r ....!0.3-..„ , . /: / l'olir,\ '-' w+, / ., . 4 c,\,, , 1 11111.17 1 . ZTIR . ...\scoLiseff-aUT s L , TAX MAP 1S-1-340A ,?-t 10 I T/L3300 f5 T/L3400 - EXISTING DRAIN FIELD — _ • .•!.:,..._ / ---■ s coy or TIGARD TO BE ABANDONED -' _ II\ Y It DAROTA MEADOwS TRACT id R \ UNE'6.1 STA.3.25.44 , \ t.6, RIN.164.49 1 .. • fi(N.uSA#010 w/INSiDE DROP MEt 1 gt7541 EXISTING SEPTIC TANA g. (TO BE REuOvED) / NEW LATERAL Er PvC p-3034 TAX LOT 3400 TAX LOT 200 LINE TB' LAT RECONNECT 1 W aEl'e ,83„„ , „...-, Ex.LATER. , , - -- - ---- ------ ---------- ----- r-- _ I. LINE'A'STA....0A.50 _ • EXISTING NAIRIOLE -a - RC-AWE SUMP PUMP i y •-•40 RECONSTRUCT AIN BASE ,C) RIM 1135.36 R=:. L.. ••• COSTING BUILDING..- C=, C=D C=. CITT, rri 1--*-3 -0 >< rri D=.• —I (---, Z rrl C r---4 r--.4 z z rin CITY OF TIGARD PLANNING DIVISION i I i , . AAND e ' w CITY of TIGARD iippio MIL G EOORARNIC INFORMATION SYSTEM LACK -' � � Q� AVE P VICINITY MAP _�' '' WINDSO' O N ■ ILV- — � MIllx.i. It.4W�Et�EV. i -g■IWINDS*" AO SLR 1999-00006 1 I -SEAM �� _______ � i ' 2 SUBJECT ®n® PASCULLI �. ■■■8 TAX LOTS SEWER LINE I fill 1 __ , EXTENSION 1 i . NORTH DAKOT a /\- 1 1 `v- NOR t— r , ..- IS \ .__ _ .. 1....\ iv, lifil PP,rJ _74 O -0. N Sr TIGARD$J ' 111PF 0 100 200 300 400 500 Feat Nr ,1 , , _ 1'4 378 feet Alt i thilibiZr • City of Tigard $ i!IIiinhii Information on this map is for general location only and should be vented with the Development Services Division, _ 13125 SW Hall Blvd Tigard,OR 97223 (50 (503)839.4171 I http://vAwizi.tigard.onus Community Development Plot date:Jul 14, 1999;C:VnagicWIAGIC03.APR fa R , UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY MEMORANDUM DATE: July 28, 1999 TO: Julia Hajduk, City of Tigard FROM: Julia Huffman, USA 'j \ SUBJECT: Pascuzzi Sewer Line Extension, SLR 1999-00003 SANITARY SEWER Each lot within the development should be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R&O 96-44 (Unified Sewerage Agency's Construction Design Standards, July 1996 edition). Engineer should verify that public sanitary sewer is available to uphill adjacent properties, or extend service as required by R&O 96-44. • The sanitary line needs to be built to public standards and in a public easement. SENSITIVE AREA A "Sensitive Area" exists. Developer must preserve a 25-foot corridor as described in R&O 96- 44 separating the sensitive area from the impact of development. The creek, wetland/sensitive area shall be identified on plans. FLOODPLAIN Site may contain 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 or wetlands. 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 TIfGARD Community(Development Shaping,a Better Community DATE: July 14,1999 T0: Julia Huffman,USA/SWM Program FROM: City of Tigard Planning Division U JUL 1 51999 STAFF CONTACT: Julia Halduk,Associate Planner �. Phone: 15031639-4171/Fax: 15031684-7297 SENSITIVE LANDS REVIEW[SLRJ 1999-00003 PASCUZZI SEWER LINE EXTENSION A request for Sensitive Lands/Water Resources Overlay approval to extend a sewer line across Fanno Creek. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street; WCTM 1S134DA Tax Lot 3400 and 1S135CB Tax Lot 0200. ZONES: R-12 (Medium Density Residential) and I-P (Industrial Park) with Water Resources Overlay. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision Making Procedures); 18.775 (Sensitive Lands); and 18.797 (Water Resources Overlay District). Attached are the Site Plan, Vicinity Map and Applicant's Statement/Materials 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: JULY 28,1999. 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: 6)&g-.& *(1'7)C me -'� � 1 mss, 1",---in:‘i ( Cease provide the foffowing information)Name of Persons)Commenting 11--.� —1 l tad I Phone Numberis): g9 or - % a Q- 3 C) 'C E O O N 2 O m >< V) / I — —------- - OERM— - - co —1 / _ _ liE-SW NORTH DAKOTA STREET4 B MN.uSA Gto w/INSDE comp Rwl60. b MIMIC EXlO xS2 V cne¢dos. — — — — — - ( - — (SEE OCTAL) — — —yt - — - y = D = STA.0.00 ' 27[P rx RE IRR.SI N • , , E�%157RICVALK NOI( T 554N-~ _ _CXR/'^ eV", _ L_ -- _ -' J`/ / EXR/M aroma. �_ _�$'O_�---�--� OLR/t --— V RY.155.,0 -"7 .--_._ 211.27.4,F-27.4/.....r. -tT t"-+_ -r ditR.o.R� - -� LINe..4`) / 80..o+1m f71 t55"' 0'FAOlYR/V UNE'A --4 _--t55 v J 'I. `'` _ �, • J _ — - •� 'gT SA 7.1y j1 ROE'A'STA0t... ' •r t��' ,.A 2r� If. .M f7W��E f! 1 l a NSTALL t\j eENO FA,NNO CREEK ':,� �` • o \IEI53.25 R: ' N +Y ,�i,. / -w/r 17REr0UL'ER i� - -- EX,5 CUT V• r MO 11-1/a'BENO IE.132.36 OUT�Q�,'��,'� s"• I. w E i j _ \ f'^wyy IX.wA p• t4 RM 163, f ' A" VAVIT .,, �tE.138-0OJT f TAX M.AT t-* t-.3+oA �+5� 12 ! T/L3300 r/u+oo ~ EXISTING DRAIN FIELD - , r s �m I +s E TO BE ABANDONED 4 I\ s -- - TPACT Y N \ u 4t n UNE'A'STA.3.25.M \ u RIM.t 64.40 I • i MN.USA#010 w/IjNtSIIDE OR5O0�P DtSTMG SE911C TANK I if9 (S(E'UETAL) i (TO BE REMOVED) 7fl LATTERAL TAX LOT 3400 TAX LOT 200 Ext$ ""`,• 3034 Y u RECONECT °,Rf ,+„�T t EIATERALVf t r— II UNE'A'STA-A.04.50 ...4:31 - ExrSTING 9AMNOLE I REMOVE SUMP PUMP `t' '-O RECONSTRUCT■H BASE 7.0 R.A.t 65.36 1 O - Ex STING BUIID■NG- O O O CT rn • k rT a m- ` Z "IC L., jO r--.4 O- T— H Z Z m CITY OF TIGARD PLANNING DIVISION 5 s 3 L Alit ...�� 1= CITY of TIGARD illik i- OQ , OEOORA►RIC INFORMATION MYRT EM L AVE VICINITY MAP ' I Imo 0 ■o NW m ►�► ENEVA7�-i. WINDS•=P� ��� SLR 1999-00006 I:-Ill imm-■�.IA 110 .� �� 2 SUBJECT ®�® _� PASCULLI .■''I'■ TAX LOTS SEWER LINE ■■? EXTENSION i _____.;■ ■ � m-■ER NOR ' .• •• • �- -1, •- , NORT- -.--.- - \ ; ________ 'lilt • ..... -� ,. ,,,,,v, II pp_ z J ` _________ O i - �0 N ST TIGARD ST 1 • � 0 100 200 300 a00 500 FNl W �— - -l—� 4i*AtAtIA irriallil 1'=378 feet ■■■■ A�l, T _. - • City of Tigard . • AAP AI& Information on this map is for general location only and (v I should be verified oath the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)639-4171 ■ ---__— httpiMww.ci.tigard.or.ua Community Development Plot date:Jul 14, 1999;C:lmagic\MAGIC03.APR MAILING RECORDS .. A AFFIDAVIT OF MAILING °no� o 1. Community iDeve(opment S(rapingA(Better Community YaleE OAF OREGON- ) 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 Tigard, Washington County, Oregon and that I served the following: (Check APx�r ate Boa(s)Below) ❑ NOTICE OF PENDING LAND USE APPLICATION FOR: r- AMENDED NOTICE (File No/Name Reference) ❑ City of Tigard Planning Director Li NOTICE OF DECISION FOR: AMENDED NOTICE (File No/Name Reference) City of Tigard Planning Director © NOTICE OF PUBLIC HEARING FOR: SLR1999-00006/PASCUIII SEWER LINE EXTENSION / 8/23/99 AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director L?I Tigard Hearings Officer ❑ Tigard Planning Commission El Tigard City Council ❑ NOTICE OF FINAL ORDER NO. FOR: c AMENDED NOTICE (File No./Name Reference) (Date of Public Hearings) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council H NOTICE OF: (Type/Kind of Notice) FOR: 17 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 NOTICEES] 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 EXbIpC B", n the 2''day of August, 1991 , and d-posited in the United States Mail on the 2"day of August, 1999, pos age p paid. ifit (Perso - rep- =- 1 oti d Subscribed and sworn/affirmed before e on the e day of A , 19 ' OFFICIAL SEAL �`'-�„ ROTA '.4i ii DIANE M JELDERKS ,; NOTARY PUBLIC-OREGON COMMISSION N0.329679 My Commission Expi� /7/x 3 MY COMMISSION EXPIRES SEPT.07,2003 E IBIT A 4,Ml - lam' CITY OF TIGARD Community cDeve(opment Shaping Better Community PUBLIC HEARING NOTICE 1 NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, AUGUST 23, 1999 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] 1999-00006 FILE TITLE: PASCUZZI SEWER LINE EXTENSION OWNER/ Pascuzzi Investment PLANNING CONSULTANT: Spencer Vail APPLICANT: 10250 SW North Dakota 4505 NE 24th Avenue Tigard, OR 97223 Portland, OR 97211 REQUEST: A request for Sensitive Lands/Water Resources Overlay approval to extend a sewer line across Fanno Creek. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street; WCTM 1S134DA Tax Lot 3400 and 1S135CB Tax Lot 0200. ZONES: R-12 (Medium Density Residential) and I-P (Industrial Park) with Water Resources Overlay. APPLICABLE Community Development Code Chapters 18.390 (Decision Making Procedures); REVIEW 18.775 (Sensitive Lands); and 18.797 (Water Resources Overlay District). CRITERIA: THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684- 2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. SLR 1999-00003/PASCUZZI SEWER LINE EXTENSION NOTICE OF 8/23/99 HEARINGS OFFICER PUBLIC HEARING IF A PERSON SUBMITS EVIDENC 4 SUPPORT TO THE APPLICATION Al Z AUGUST 16. 1999, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERt 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 PLANNING COMMISSION WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER JULIA HAJDUK AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. -- ,c -1- --./ CITY of TIGARD ,\ ACK _ QM \, P VICINITY MAP 1 0 • q_ , i L1III*• "7'7: 1 '-f - P; ENF,, 7 ; WINDS s_;,, 0 SLR 1999-00006 -"' J , ' � 2 SUBJECT' PASCUZZI TAX LOTS SEWER LINE ?nil \\ % EXTENSION i H r-- 1 1 1 1-Th-i -- -r -- --NORTH DAK�7A ��yy T it I1 �rV I I r 111 - \ r .•RT. i lc ..01 \ _r_ , ' ',,, , _ _ i 4... tii\-J 1 LT :i I f TI -D — — , lir 1 grA 0. 100 200 ]00 a00 ]00 FM 1'.]1B hel Mic _ "HIM "I 1 I City of Tigard 41111*,— III MpTabn m Ihs map ib Id 9amrY IbEanOn oN/am __—_ i anwa a wriM1Sa wu ma pawhpmam Bw.aoa On+nn 1]125 SW MO BIW Tpard OR 97223 P. c]W19)a.171 rrMEF 4, 3i b1a 2/.vry n roa,a a,a. SLR 1999-00003/PASCUZZI SEWER LINE EXTENSION NOTICE OF 8/23/99 HEARINGS OFFICER PUBLIC HEARING EXHIBIT B 1S134DA-00100 1S134DA-03400 LUSK LINDA D PASCUZZI INVESTMENT LLC :sOX 91535 10250 SW NORTH DAKOTA PORTLAND,OR 97291 TIGARD,OR 97223 1 S134DA-04000 34DA-04100 WILLIAMS JAMES ESSEL WILLI• JAM SEL 10569 SW NORTH DAKOTA ST 10569 S A TH DAKOTA ST TIGARD,OR 97223 T.FG"•RD,OR 9 • 3 1S134DA-04200 1S134DA-04300 BROOKS SUSAN BROWN REBECCA E 10557 SW NORTH DAKOTA ST 10551 SW NORTH DAKOTA TIGARD,OR 97223 TIGARD,OR 97223 1S134DA-05300 1S134DA-05400 MILLER ANDREW J MILLS DONALD R AND NANCY ANN 11252 SW 105TH PL 11310 SW 105TH PL TIGARD,OR 97223 TIGARD,OR 97223 1S134DA-05500 1S134DA-05600 MCALLISTER SUSAN G DAILEY DALE E&SONDRA L 11348 SW 105TH PL 11343 SW 105TH PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 134 DA-05800 1 S 134DA-05900 MARTIN SHARI R JETT JEFFREY A&RENE L 11293 SW 105TH PL 11221 SW 105TH PL TIGARD,OR 97223 TIGARD,OR 97223 1S134DA-06000 134DA-06800 NODAK OWNERS OF LOTS 1-7 BEA 2. HOM RT 5 BOX 62 7125 'TON SHERWOOD,OR 97140 '•RTLAND,OR • .3 1S134DA-06900 • 4DA-07000 BEACON HOMES INC BEAC• OM 'C 7125 SW HAMPTON 7125 "A" ' ON PORTLAND,OR 97223 '•RTLAND,OR 9 • 3 134DA-07100 4DA-07200 BEA •N HOMES DALB •U: • & 7125 S+ • •1V PTON 7125 A ' ON -i'TLAND,O' • 223 ARD,OR 97223 1S134DA-07300 S134DA-07401 DALBEY KURT H& DA : Y • .'T H& 7125 SW HAMPTON 712 :n '4PTO TIGARD,OR 97223 ARD,OR 97223 4DA-07501 1S134DA-07600 DALB .'T H& D•-:EY KURT - 7125 .• •'•PTON 7125 • - • PTON ARD,OR 97 '- TI •-D,O' •7223 134DA-07700 4DA-07800 DAL:.Y K ' H& DALB UR & 7125 • PTON 7125 S • 'TON T :•RD,OR 9 3 T D,OR 972 • ' 34DA-07901 134DA-08000 DAL: .'TH& DAL:.YK • H& 7125 :f • +MPTON 7125 • :MPTON ARD, OR • 23 ARD,OR 23 4DA-08100 4DA-08200 DALB• K H& DALBE' H& 7125 • -•••TON 7125 "" HA,• ON TI e•RD,OR 97 3 ARD,OR 972 34DA-083Us 4DA-08400 DALB• • •RT H& DALB' K ' H& 712 : •••'TON 7125 8• PTON ARD,OR 972 3 T •RD,OR 9 • 3 1 S 134DA-08500 1 S 134DA-08600 B ON HO. S INC HOERNER ROBERT A JR 7125 •• , PTON 11311 SW BUFFALO PL P4'TLAND,O• • 223 TIGARD,OR 97223 1S134DA-08700 1. 4DA-08800 OSBORNE ELAINE L BEACON -•M : C 11321 SW BUFFALO PL 7125 • 'AM' ON TIGARD,OR 97223 'SRTLAND,OR 97 • 1 S 134 DA-08900 1 S 134DA-09000 PARSHALL DON M&SHAWNA L ANDERSON KAREN A& 11350 SW THUNDER TER 11370 SW THUNDER TER TIGARD,OR 97223 TIGARD,OR 97223 15134DA-09100 - 34DA-09200 HUGHES JANICE M& BEACI .0i,' INC 11380 SW THUNDER TER 7125 • A ON TIGARD, OR 97223 Pe -TLAND,OR 9 '23 1 S 134 DA-09300 S134DA-09400 DAKOTA MEADOWS OWNERS OF BE•.•N HO, S INC 7125 SW HAMPTON 7125 • ' • PTON PORTLAND,OR 97223 •'•TLAND,OR • 23 1. 34DA-09500 34DA-09600 BEA •N HOM : C BEA : HOME • -9125 S J••r•MPTON 7125 SW : - PTON Po:'TLAND, i' 97223 P•' LAND, I' 97223 1 4DA-09700 1 4DA-09800 - BEACe H•'• S INC BEAC• H•, S INC 7125 • PTON 7125 ' ,MPTON PW"TLAND,OR 97223 ':•TLAND, •- 97223 1 14 DA-09900 1 S 134 DA-10000 BEAC•∎ HO - INC B A o H• S INC 7125 S PTON 7125 • ' k MPTON P!' LAND,O' 17223 Po;'TLAND,O' • 223 1 4DA-10100 1 S 134DA-10200 BEAC• • .! fES INC BE ON ES INC 7125 -• HA 'TON 7125 HAMPTON P•RTLAND,OR • 23 RTLAN OR 97223 34DA-10 40 134DA-10401 BEAC•• OMES INC TIGA'• CI OF 7 SW H• •"TON 1312 :r• ALL 'ORTLAND,OR -7223 ARD,OR • 23 34DA-1055: 1- 4DA-10600 TIGA• I Y OF BEA ' •MES INC 131 . ALL 71 - •MPTON GARD,OR 1 223 `ORTLAND, •' 17223 S134DA-10700 1S134DD-00100 VE • C•.'T OWNERS OF LOTS 1-8 RICHARDS JAMES E&SHARON S UNK e•'N ••DRESS 520 SW 6TH#400 PORTLAND,OR 97204 1 S 134DD-00101 1 S 134DD-00102 BUCHANAN MICHAEL R&SHEILA M SCHAEFER DONALD M&MILYNN 0 10525 SW TIGARD ST PO BOX 23697 TIGARD,OR 97223 TIGARD,OR 97281 1 S 134 D D-00103 1 S 135BC-00700 TI •'• C OF AMB PROPERTY L P 1312 Iv -•LL 8930 SW GEMINI DR ARD,OR 23 BEAVERTON,OR 97008 1 S 135BC-01100 1 S 135BC-01200 ROBINSON E LEE&EVELYN L WASHINGTON SQUARE INC PO BOX 91305 700 FIFTH AVE STE 2600 PORTLAND,OR 97291 SEATTLE,WA 98104 1S135CA-00700 1S135CA-00800 LILLY EDWARD B ANDEREGG FRED CHARLES&BEULAH d'5406 NE 71ST ST 17146 SE HIGHWAY 212 VANCOUVER,WA 98661 CLACKAMAS,OR 97015 1S135CA-00900 1S135CA-00902 ROGERS ALICE M QUAIL COURT APARTMENTS LLC 11335 SW GREENBURG RD 5400 BAY CREEK DR TIGARD,OR 97223 LAKE OSWEGO,OR 97035 1 S 135CB-00100 35CB-00100 NATIONAL SAFETY COMPANY NATI• •• .• ETY COMPANY 17010 SW WEIR RD 171 W • •D BEAVERTON,OR 97007 AVERTON,OR 97167 35C8-00200 1 S 135CB-00300 PAS • ZI I► • STMENT LLC MERLO STATION PARTNERS 10251 :f •RTH DAKOTA P 0 BOX 23516 • ARD,OR • . 3 TIGARD,OR 97223 1S135CB-00400 1' 35CB-00500 GABRIEL INVESTMENT LLC GAB' INV - ENT LLC 10250 SW NORTH DAKOTA ST 10250 •TH DAKOTA ST TIGARD,OR 97223 ARD,OR 9 : 3 1 S 135CB-00600 5CB-00700 MCCALL PROPERTIES INC MCCA . 0 808 SW 15TH AVE 808 15 - •VE PORTLAND,OR 97205 •RTLAND,OR =7205 1S1 35CD-00900 SHARON DEVELOPMENT CO LLC 5795 SW CRANBERRY CT BEAVERTON,OR 97007 SPENCER VAIL 4505 NE 24TH AVENUE PORTLAND OR 97211 A,• • AFFIDAVIT OF MAILING C 2 TIGARD Community Development Shaping Better Community STATE off'OREGON" ) County of Washington )ss. City of Tigard ) I, 'Patricia G. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) NOTICE OF PENDING LAND USE APPLICATION FOR: AMENDED NOTICE (Fde No./Name Reference) City of Tigard Planning Director NOTICE OF DECISION FOR: AMENDED NOTICE (Fle No/Name Reference) City of Tigard Planning Director NOTICE OF PUBLIC HEARING FOR: I AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council © NOTICE OF FINAL ORDER FOR:, SLR1999-00006/PASCUUI SEWER LINE EXTENSION 1 8/23/99 AMENDED NOTICE (File No Name Reference) .9ate of Public Heann�si City of Tigard Planning Director El Tigard Hearings Officer LI Tigard Planning Commission Tigard City Council NOTICE OF: (TypeKLOO of Noloc) FOR: (File No./Name Reference) (Date of Public Hearing,if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEISI of which is attached, marked hihlt "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhl I t"B", in the 2N' day of August, 1999, and deposited in the United States Mail on the 27" day of August, 1999, postage • epaid. ` /� (Per= hatrrepar-. Not.•-) T Subscribed and sworn/affirmed befor- eon the c., day of a , 19?/ OFFICIAL SEAL It/ ! DIANE MA JELDERKS I t ' t ' I : '®' NOTARY PUBLIC-OREGON "' COMMISSION NO.326578 My Commission Ex( es: 9/7 k'_)3 MY COMMISSION EXPIRES SEPT.07,2003 EXHIBIT~ A 4114 120 DAYS=11/10/99 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) 1999-00006 Case Name(s): PASCUZZI SEWER LINE EXTENSION Name of Owner(s): Pascuzzi Investment _ Name of Applicant: Pascuzzi Investment Address of Applicant: 10250 SW North Dakota Street Tigard, OR 97223 Address of Property: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street. Tax Map(s)/Lot No(s).: WCTM 1S134DA, Tax Lot 3400 and 1S135CB, Tax Lot 200. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR SENSITIVE LANDS REVIEW. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON AUGUST 23, 1999, TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request:- A request for Sensitive Lands/Water Resources Overlay approval to extend a sewer line across Fanno Creek. Zones: R-12 (Medium Density Residential) and I-P (Industrial Park) with Water Resources Overlay. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775 and 18.797. 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 CI The affected Citizen Involvement Team Facilitator 0 The applicant and owner(s) The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Final Decision: THIS DECISION IS FINAL ON AUGUST 27, 1 999 AND BECOMES EFFECTIVE ON SEPTEMBER I I, 1 999 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.6.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON SEPTEMBER 10, 1999. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an application for sensitive lands review and ) FINAL ORDER water resources overlay review for extension of a sanitary ) sewer across Fanno Creek at roughly 10250 SW North ) SLR 1999-0006 Dakota Street in the City of Tigard,Oregon ) (Pascuzzi Sewer) I. SUMMARY 1. The applicant requests sensitive lands review approval for landform alterations and related construction work to extend a sanitary sewer across Fanno Creek within a Sensitive Lands and Water Resources area. 2. The applicant, Pascuzzi Investment, proposes to place an 8-inch sewer line in a 2- to 21/2-foot wide and 11- to 121/2-foot deep trench situated roughly 20 feet south of and parallel to SW North Dakota Street for about 240 linear feet. After completion of the sewer installation, the ditches will be backfilled and the disturbed area will be revegetated. At the west end, the new line intersects a 36-inch trunk. At the east end, a new lateral will extend south to connect with an existing lateral. The proposed line will cross portions of'FL 200, 3300 and 3400 in Sections 34 and 35 of T1S, R1W, WM, Washington County. Plans for the sewer, including typical cross sections, are in the record. 3. The applicant has obtained permits from the US Army Corps of Engineers ("USCOE") and Oregon Division of State Lands ("ODSL") to undertake development on wetlands and waterways in conjunction with the project. A copy of those permits is in the record. Those permits allow the applicant to undertake in-water work only between July 1 and September 30. 4. The applicant also will enhance 0.02 acres to compensate for impacts to wetlands. Detailed enhancement plans, including specifications for plantings, are in the record. 5. A City hearings officer held a duly noticed public hearing on August 23, 1999 to review the application. City staff recommended approval. The applicant accepted the staff recommendation without objections. No one else offered timely oral or written testimony regarding the application. The hearings officer approves the sensitive lands review as provided herein. II. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section III of the City of Tigard Staff Reported dated August 16, 1999 (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. Hearings Officer Final Order SIR 1999-0006(Pascuzzi Sewer) Page 1 IV. HEARINGS AND RECORD 1. Hearings Officer Larry Epstein (the "hearings officer") received testimony at the public hearing about this application on August 23, 1999. 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 Julia Hajduk summarized the Staff Report and the applicable approval criteria. In response to a question from the hearings officer, she testified that the comment from City Engineers at page 9 of the Staff Report was intended to be a condition of approval,but was not included as such. She recommended the hearings officer add that comment as a condition of approval. 3. The applicant's representative, Spencer Vail, accepted the Staff Report, including the amendment to add the language on page 9 of the Staff Report as a condition, without objections or corrections. Mr. Vail waived the applicant's right to have the record held open for a final argument. The hearings officer closed the record after Mr. Vail's testimony. No one else appeared to offer testimony orally or in writing. V. EVALUATION OF REQUEST City staff recommended approval of the Sensitive Lands and Water Resources Reviews based on the findings in Section IV of the Staff Report and subject to conditions listed in Section II of the Staff Report as amended at the hearing to include the engineering comments on page 9 of the Staff Report. No one disputed those findings. The hearings officer concludes the findings in section IV of the Staff Report accurately reflect the law and the facts. The hearings officer adopts and incorporates those findings as his own. VI. CONCLUSION AND DECISION 1. Based on the findings adopted and incorporated herein, the hearings officer concludes that the proposed Sensitive Lands and Water Resources Review application 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 and the conditions of approval of this decision. 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 1999-0006 (Pascuzzi Sewer) subject to the conditions of approval in Section II of the Staff Report; provided,condition of approval 5 is hereby added to read as follows: 5. The applicant shall construct a public sanitary sewer line from the USA trunk line to a point adjacent to the west boundary of tax lot 200. The public line shall be constructed within the right of way of SW North Dakota Street. From that point on, the sewer line can be constructed as a private line. USA shall permit connection to the trunk line, and the City Engineering Department shall permit the public line to tax lot 200. Tigard Building Division will permit the private portion in a plumbing permit. D TE �: is 25th t.'of Aug st, 1999. Larry Epst 7,, ity-'ea ngs Officer Hearings Officer Final Order SLR 1999-0006(Pascuzzi Sewer) Page 2 STAFF REPORT TO THE HEARINGS OFFICER !. CITY OF TIGARD FOR THE CITY OF TIGARD, OREGON Community Development Shaping Better Community 120 DAYS = 11/10/99 SECTION I. APPLICATION SUMMARY CASE: PASCUZZI SEWER LINE EXTENSION Sensitive Lands Review SLR1999-00006 PROPOSAL: The applicant is requesting Sensitive Lands Review approval and Water Resources Overlay approval to extend a sanitary sewer line across a Fanno Creek, an inventoried Major Stream. APPLICANT/ PLANNING OWNER: Pascuzzi Investment CONSULTANT: Spencer Vail 10250 SW North Dakota 4505 NE 24th Avenue Tigard, OR 97223 Portland, OR 97211 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (Tax Lot 3400) and Industrial (Tax Lot 200). ZONING DESIGNATION: R-12 and I-P. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street; WCTM 1S134DA Tax Lot 3400 and 1S135CB, Tax Lot 200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775 and 18.797. SECTION II. RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed extension of sewer line across Fanno Creek will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval. 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 1 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION CONDITIONS OF APPROVAL PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED (UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE BRIAN RAGER IN THE CITY OF TIGARD ENGINEERING DEPARTMENT): 1. Install approved erosion control measures prior to construction. Erosion control measures may not be removed until construction has been completed. 2. Prior to construction, the pipe alignment and work area shall be staked and clearly marked. 3. After construction is complete, all temporary erosion control measures will be removed. 4. Upon completion of construction, the site shall be restored to its original state with natural vegetation and replacement of soil. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (178)MONTHS FROM THE EFFECTIVE DATE OF THIS REPORT. SECTION III. BACKGROUND INFORMATION Site History: A computer search of the City records do not show any previous land use approvals have been granted for either of the lots. Vicinity Information and Proposal Description: The sewer line extension is in an area zoned R-12. The sewer line will be extended across Fanno Creek, which is listed as a major stream on the Water Resources Overlay Map. There are City inventoried and jurisdictional wetlands within the area to be crossed. Because the proposal is to cross a floodway, Sensitive Lands Review (SLR) approval by the Hearings Officer is required. Because the drainageway is listed as a major stream and identified on the City's inventory, review is required for compliance with the Water Resources Overlay standards. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: SENSITIVE LANDS Section 18.775 states that the Hearings Officer shall have the authority to issue a sensitive lands permit in the 100-year floodplain by means of a Type IIIA procedure, as governed in Section 18.390.050, using approval criteria contained in Section 18.775.070 B-E. Sensitive lands permits shall be required for any ground disturbance in the floodway. 100-year floodplain. The Hearings Officer shall approve, approve with conditions or deny 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 encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in the flood levels during the base flood discharge; 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 2 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION The subject proposal calls for the installation of sewer line. There will be only temporary impacts during the construction period. The landform alteration is in the form of digging a • trench for the sewer line and then back filling. 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 development associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards The proposal involves extending a sewer line across Fanno Creek. Because this is a utility, this standard is satisfied. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100- year flood. The proposed alteration is temporary in that it will last only for the duration of the construction of the sewer line. When completed, the water surface elevation will remain at its current level. The landform alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; No pedestrian/Bicycle pathway is proposed by the applicant. The construction will parallel an existing roadway and no pathway is shown on the adopted pedestrian/bicycle plan in the comprehensive plan. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; Because no pathway is proposed or required, this standard does not apply. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands (DSL) approvals shall be obtained; The applicant has applied for and received a Joint Permit application from the Division of State Lands and the LS Army Corps or Engineers. Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of 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. As stated above, no pathway is required, therefore, dedication is not required and this standard does not apply. FINDING: Based on the analysis above, the applicant's plan fully complies with the applicable SLR standards for alteration in 100-year floodplain. Excessive slopes The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based upon findings that all of the following criteria have been satisfied: The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 3 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION The site disturbances are temporary in that once the sewer line is constructed, the site will be restored to its original state. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; The applicant must comply with erosion control methods as approved by the Division of States Lands, US Army Corps of Engineers and The City of Tigard Engineering Department which will insure this standard is met. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and No structures are proposed, therefore, this standard does not apply. 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 18.745, Landscaping and Screening. All areas disturbed will be brought back to their original state and re-vegetated once the construction of the sewer line is complete. Wetlands Because the wetland is identified on the Water Resources Overlay Map and is, therefore, listed as a significant wetland on the Comprehensive Plan Map, the Water Resources Overlay standards apply in-lieu of the Sensitive Lands Review standards. Work on the wetland is permitted as a Type II decision with mitigation because the proposal involves a utility crossing. WATER RESOURCES DEVELOPMENT STANDARDS (18.797.080) The following shall apply to all development, including native vegetation removal and excavation, within the WR overlay district. No application for a use identified in Section 18.797.050 shall be deemed complete until the applicant has addressed each of these standards in writing. Alternatives considered. Except for stream corridor enhancement, most Type II and Ill uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and Ill development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. The proposed private sewer line will connect to a 36" USA sewer line located along the west side of Fanno Creek. Connecting to this line as proposed will allow for a gravity flow. It is the closest sewer available. The alternative is to continue to use the old septic system. FINDING: Because the applicant has provided information indicating that no alternative location is available due to the topography necessary to provide sanitary sewer service to the properties, this criterion has been satisfied. Minimize siting impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. For Type II and Ill uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consistent with best management practices; 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 4 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. The applicant's narrative states that the reports and agency permits together with their conditions and recommendations will minimize siting impacts. These impacts will be temporary in nature and will last only for the duration of the construction. Staff concurs that the proposal has been designed to minimize impacts as much as possible given that the crossing of Fanno Creek is necessary in this location. FINDING: Because the proposal will minimize the impacts as much as possible, this standard has been satisfied. Construction materials and methods. Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. The applicant's mitigation plan approved as part of the Joint Permit process addresses specific construction techniques. Compliance with the permits previously approved will insure this standard is satisfied. FINDING: Because the applicant's approved mitigation plan will insure that damage to the water quality and native vegetation will be minimized, this standard has been satisfied. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Minimize flood damage. Above-ground residential structures shall not be permitted within the WR overlay district, where such land is also within the 100-year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain shall be designed consistent with Chapter 18.775, Sensitive Lands. No residential structures are proposed. The proposed extension will not decrease the flood storage capacity because the construction will return the site to its original state upon completion. FINDING: Because the applicant has indicated that the site will be returned to its original state upon completion of the project, this standard has been satisfied. Avoid steep slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25% or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. This standard does not apply because the project is necessary to construct a public facility. FINDING: Because the project is necessary to construct a public facility, this standard does not apply. Minimize impacts on existing vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. Temporary measures used for initial erosion control shall not be left in place permanently; The applicant has not stated that all temporary erosion control devices will be removed, therefore, a condition to this effect is necessary. 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 5 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation; The Joint permit approval requires the wetlands to be clearly flagged which will insure this standard is satisfied, however, a condition will also be required that prior to construction, the pipe alignment and work area will be staked and clearly marked. Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area; The applicant has stated that no trees will be impacted by this proposal. The condition to clearly mark the work area will help to insure that this standard is met. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place; The applicant's wetland delineation and mitigation plan states that no trees will be impacted, therefore, this standard does not apply. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. Excavated material will be stored adjacent to the trench. The contractor will then replace the topsoil over the trenches after the sewer line is in place. FINDING: Based on the analysis above, the applicant's plan indicates that the above standards will be satisfied provided that the following conditions are met. CONDITIONS: • Prior to construction, the pipe alignment and work area shall be staked and clearly marked. • After construction is complete, all temporary erosion control measures will be removed. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Vegetation mitigation plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.797.100, a mitigation plan shall be prepared and implemented. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis; The applicant has indicated that re-vegetation will occur after the installation of the proposed sanitary sewer line. In addition, the applicant will be enhancing a .02 acre wetland/riparian area along Fanno Creek in compliance with the approved mitigation plan. Where approval is oranted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non-native vegetation within the remaining, protected riparian setback area on a 1.5:1 basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re-planted with native plant species; The croposal does not request a reduction in the riparian setback area, therefore, this standard does not apply. 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 6 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The applicant shall be • responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. The applicant's re-vegetation plan provides for the replanting and maintenance of native plant species designed to achieve pre-disturbed conditions and better. The applicant has not acknowledged responsibility for the replacement of plants that do not survive the first 2 years following construction and any replacement plants for an additional two years thereafter. However, by submitting a proposal to comply with these standards the applicant is accepting responsibility for complying with all standards before, during and after construction. FINDING: Based on the analysis above, the applicant's plan indicates that the vegetation mitigation plan standards will be satisfied. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Water and sewer infiltration and discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. Because this is simply a line crossing the creek, infiltration of floodwaters and discharges into the stream and wetlands are unlikely. FINDING: Because the sanitary sewer line has been designed using appropriate design standards and the line itself is not likely to be discharged into stream and wetlands or be infiltrated with floodwaters, this standard has been satisfied. On-site systems. On-site septic systems and private wells shall be prohibited within the WR overlay district. With the approval of this sewer line extension, the existing septic systems will be discontinued. FINDING: Because the existing septic system will be discontinued as a result of this project being approved, this standard does not apply. Erosion control plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion; The applicant's narrative states that sufficient erosion control methods such as silt barriers, will be employed. A condition will be attached requiring the erosion control measures to be approved by the Engineering Department and to be in place prior to construction. This may be removed only after construction has been completed. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only; The applicant has indicated that the excavated soil will be stored adjacent to the trench. The condition to clearly mark the construction area will insure that this is further satisfied. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction; 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 7 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION The applicant's joint permit allows construction between July and September only. By complying with this restriction, the applicant will meet this standard. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded; The applicant has provided a re-vegetation plan that indicates that the exposed soils will be covered after construction is complete. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff; Erosion control measures will be in place prior to construction. The sewer alignment across the creek will utilize cofferdams which will effectively hold sediment and run-off. A stabilized pad of gravel shall be constructed at all entrances and exists to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site; Because the project is adjacent to the road, there is no need for "entrances" to the development site. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation; The applicant's plans indicate that the topsoil removed will be reused to re-establish existing grades and support re-vegetation. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways; The applicant has proposed erosion control measures which will insure that sediments due to erosion are controlled on-site, however, the applicant will be responsible for the removal of any sediments carried into the street, water resources, or private property. This will be insured by requiring this standard to be met prior to final inspection. Any other relevant provisions of the Erosion Prevention and Sediment Control Plans Technical Guidance Handbook (City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. The Engineering plans will be reviewed for compliance with applicable erosion control standards. The Director will not require any additional requirements. FINDING: Based on the analysis above, the applicant's plan indicates that the above standards will be satisfied provided the following condition is met: CONDITION:Prior to construction, the erosion control plans must be approved by the City Engineer. 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 8 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Plan implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control of Re-vegetation Plan shall be implemented and maintained as follows: Erosion control measures shall be installed prior to any stripping or excavation work; The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly; Eroded sediment shall be removed immediately from pavement surfaces, off-site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts; Water containing sediment shall not be flushed into the surface water management system, wetlands or streams without first passing through an approved sediment filtering facility or device; In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. The applicant has submitted an erosion control and re-vegetation plan that will insure the standards are met. A condition will be required that all erosion control measures be in place prior to beginning construction. FINDING: Based on the analysis above, the applicant's plan indicates that the above standards will be satisfied. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. SECTION V. OTHER STAFF COMMENTS The Engineering Department has reviewed the proposal and provided the following comments: The applicant will be required to construct a public sanitary sewer line from the USA trunk line to a point adjacent to the west boundary of tax lot 200. The public line shall be constructed within the right-of-way of SW North Dakota Street. From that point on, the sewer line can be constructed as a private line. USA shall permit the connection to the trunk line, and the City Engineering Department shall permit the public line to tax lot 200. Tigard Building Division will permit the private portion in a plumbing permit. SECTION VI. AGENCY COMMENTS The US Army Corps of Engineers had an opportunity to review this proposal and offered no comments or objections. The Oregon Division of State Lands has had an opportunity to review the proposal and provided the following comments: "A Division of State Lands permit has been issued RF-16736 which authorizes the sanitary sewer line improvement. The permit expires 3/15/2000." 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 9 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION ¢ L August 16. 1999 PREPARED/% 4 ulia Pow Hajduk DATE Associate Planner - — August 16, 1999 APPROVED BY: Richard Bewersdorff DATE Planning Manager is\curpin\julia\s1r99-0006.doc 8/23/99 STAFF REPORT TO THE HEARINGS OFFICER PAGE 10 OF 10 SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION . . 3 (1.) • (7; 7 0 0 c.n 0 • M X CA / 7' ■Iii = NMI / Ex.R/ve _7_ E,R,-.--- __,___-- -- ____ __ __ _ _______ _ ,...,_...z....... 7 _, ..., / b+SW NORTH DAKOTA STREEr4 I MING BROX ' __--.1 TANUSA 010./INSCE MOP R04.160. T -v— —CGIVIAUNE MCP__, .-3022 tr cr -_10-14_ _ ___ -- ! COSTING > = - i--- ,..- 5,,,,.0.00 ___ -- ....wow. --- ___________________ -- • -. ,. -- -- -011.3■43 - ' . 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(TO BE ROAMED) 0A115 g ..• r FVC LANE-.4, TAX LOT 3400 TAX LOT 200 . t . RECONNEg : C'W31(etr r ts riff"tot.A. , EXLATOML 1.....1 li UNE W 51A44-0A.50 ,• .....-.. EXISTING NANNOLE ---0 - KNOW SumP PUNE. 1 y RECONSTRUCT NN BASE RR(115.34 I IS •-0 a - EXISTING BUILDING- 0 0 0 0 Cl, 1-1T1 L/Ts -,:, >.< rn )7. _ m = L., --- r---4 r--4 z z rri CITY OF TIGARD PLANNING DIVISION i 1•Na .� .W CITY of TIGARD 'aft OE0011AVNIC INf ON YATION STBTEM AVE _ LACK -.P� Oh¢■ -4� VICINITY MAP ,- '' WINDSO' 0 IL $"iit V A N VAi. -o■ WINDS•-PL ���� SLR 1 999-00006 ■■'�.I_� 11111 �= __ 2 SUBJECT ® ® == PASCULLI ,�, o LTAX LOTS ' SEWER LINE ■� Ii EXTENSION IMP ) It _L -- IIII fil.W NOR .• '•______ _______ „Q \ ��; NORT I a 7 VA .,. . ... _ 1,_ PP' 1 y ___ 0 __o • j ST TIGARD ■ %WA.. •1t F SW FMC CT 0 100 200 300 aoo 50 0 Feet 1'•37e feet 444 -F+.of Tigard _ City of Tigard 1044: 11L.11, Information on this map is for general location only and • should De verified wrih the Development Services DIvisiOn. 13125 SW Hall Blvd Tigard OR 97223(503)639-4171 _ -_1.1....— [ htpJh/ww.u.tigerd.orms Community Development Plot date:Jul 14, 1999;C:lmagic'MAGIC03.APR NOTICE OF FINAL ORDER BY THP. HEARINGS OFFICER (Page 1 of 1 ) SLF1.999-00006/PASCUZZI SEWL_. LINE EXTENSION EXHIBIT B PASCUZZI INVESTMENT 10250 SW NORTH DAKOTA STREET TIGARD OR 97223 SPENCER VAIL 4505 NE 24TH AVENUE PORTLAND OR 97211 120 DAYS=11/10/99 CITY OF TIGARD Community Deve1opment Shaping Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Number(s): SENSITIVE LANDS REVIEW(SLR) 1999-00003 Case Name(s): PASCUZZI SEWER LINE EXTENSION Name of Owner(s): Pascuzzi Investment Name of Applicant: Pascuzzi Investment Address of Applicant: 10250 SW North Dakota Street Tigard, OR 97223 Address of Property: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street. Tax Map(s)/Lot No(s).: WCTM 1S134DA, Tax Lot 3400 and 1S135CB, Tax Lot 200. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR SENSITIVE LANDS REVIEW. THE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON AUGUST 23, 1999, TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request:- A request for Sensitive Lands/Water Resources Overlay approval to extend a sewer line across Fanno Creek. Zones: R-12 (Medium Density Residential) and I-P (Industrial Park) with Water Resources Overlay. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775 and 18.797. 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 12 The applicant and owner(s) The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Final Decision: THIS DECISION IS FINAL ON (INSERT DATE) AND BECOMES EFFECTIVE ON (INSERT DATE) UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.6.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON (INSERT DATE). Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. SLR 1999-00006/PASCUZZI SEWER LINE EXTENSION NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER REQUEST FOR COMMENTS CITY OF TIGARD Community(DeveCopment Shaping Better Community DATE: July 14,1999 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Julia Hajduk,Associate Planner Phone: (503)639-4111/Fax: (503)684-1291 SENSITIVE LANDS REVIEW(SLR)1999-00003 PASCUZZI SEWER LINE EXTENSION A request for Sensitive Lands/Water Resources Overlay approval to extend a sewer line across Fanno Creek. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street; WCTM 1S134DA Tax Lot 3400 and 1S135CB Tax Lot 0200. ZONES: R-12 (Medium Density Residential) and I-P (Industrial Park) with Water Resources Overlay. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision Making Procedures); 18.775 (Sensitive Lands); and 18.797 (Water Resources Overlay District). Attached are the Site Plan, Vicinity Map and Applicant's Statement/Materials 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: JULY 28,1999. 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 (lease provide thefoCCawing information)Name of Persons)Commenting: I Phone Number(s): I • REQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE&COMMUNITY DEVELOPMENT APPLICATIONS ciT Area: (CI (El [S] Win CITIZEN INVOLVEMENT TEAMS G] Place for review in Library ClT Baakls] FILE NOIS).: SLR ) ) - OOCO1 FILE NAME[S): c 2<4 ostiv.,- CITY OFFICES LONG RANGE PLANNING/Nadine Smith,serv=o, _COMMUNITY DVLPMNT.DEPT./o,iq„ni s�Tenhnoiens POLICE DEPT./Jim Wolf,Come a.v.nionon., BUILDING DIV./David Scott,Ec+d,gon,cai X ENGINEERING DEPT./Brian Rager,D,nprnry Review Engineer _WATER DEPT./Michael Miller,utbUes Manager CITY ADMINISTRATION/Cathy Wheatley,City Recorder _OPERATIONS DEPT./John Roy,PopenyManager _OTHER SPECIAL DISTRICTS _TUAL.HILLS PARK&REC.DIST.O_TUALATIN VALLEY FIRE&RESCUE * TUALATIN VALLEY WATER DISTRICT* UNIFIED SWRGE.AGENCY* Planning Manager Fire Marshall Administrative Office Julia Huffman/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Street Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * CITY OF TUALATIN * OR.DEPT.OF FISH&WILDLIFE (OR.DIV.OF STATE LANDS _Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street,NE _Mike Matteucci,Neehbrhd 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 4US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. 333 SW First Avenue Mel Huie,Greenspaces Coordinator(CPA's/zoA's) 635 Capitol Street NE,Suite 200 PO Box 2946 CITY OF KING CITY * Salem,OR 97301-2540 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 Brent Curtis(CPA's) Lake Oswego,OR 97034 Routing TTRC-Attn: Renae Ferrera ODOT,REGION 1 * _Scott King(CPA's) PO Box 3621 Sonya Kazen,Dvipmt Rev.Coo,d Mike Borreson(engineer) _CITY OF PORTLAND Portland,OR 97208-3621 123 NW Flanders Jim Tice(GAS) David Knowles,Piann$ng Bureau Dir. Portland,OR 97209-4037 Tom Harry(Current Pt.Apps.) Portland Building 106,Rm. 1002 _OREGON,DEPT.OF ENVIRON.QUALITY Phil Healy(Current Pl.Apps.) 1120 SW Fifth Avenue 811 SW Sixth Avenue ODOT,REGION 1 -DISTRICT 2A * Sr.Cartographer(cPArzcA)MS t. Portland,OR 97204 Portland,OR 97204 Jane Estes,Perraspecialist 5440 SW Westgate Drive,Suite 350 ODOT,REGION 1 -DISTRICT 2A Portland,OR 97221-2414 Right-of-Way Section(vacations) Rick Reeves 123 NW Flanders Portland,OR 97209-4037 UTILITY PROVIDERS AND SPECIAL AGENCIES PORTLAND WESTERN R/R, BURLINGTON NORTHERN/SANTA FE RJR,OREGON ELECTRIC RJR(Burlington Northern Santa Fe RJR Predecessor) Robert I. Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 _SOUTHERN PACIFIC TRANS.CO.RJR _METRO AREA COMMUNICATIONS _TCI CABLEVISION OF OREGON _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Pat McGann Michael Kiser,Project Planner 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court 710 NE Holladay Street Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 Portland,OR 97232 Beaverton,OR 97006-4886 PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY _GENERAL TELEPHONE _ US WEST COMMUNICATIONS Brian Moore,Svc.Design Consultant Scott Palmer Elaine Self,Engineering Patty Stambaugh,Engineering 9480 SW Boeckman Road 220 NW Second Avenue MC: ORO3O546 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Tigard,OR 97281-3416 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 TCI CABLE(Apps E.ofHaiVNof99W) Marsha Butler,Administrative Offices Joy-Gay Pahl,Demographs&Planning Dept. Diana Carpenter 13137 SW Pacific Highway 16550 SW Mero Road 3500 SW Bond Street Tigard,OR 97223 Beaverton,OR 97006 Portland,OR 97232 * -IMOICATCS AUTOMATIC NOTIFICATION IF WITHIN SOO' OF TIIC fUB/CCT FRO&CRW FOR ALLY'/ALL CITY'PRO/CCTS. frAOlCCT ILANNCA IS ASSPONSI$Li FOA INDICATING DAATICS TO NOTIFYf hlpattymasterstrfcnohce.mst 22-Apr-99 iii- ij,,avlimilminim CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM NOTIFICATION 2•i AREA MAP p6 AVE SHAD . ift �a (500 ) ;111.4 )-11P111 WINDS• , The City prepared the 500' d property owner notification '111' J� due to errors submitted by the imillitmill ' I■'`,� ,5,359199799 applicant in regard to notifying WINDS sir 151358001200 "Current Residents" rather than '■°■.. Mill. "Property Owners." I u1349no9199 / --? 101340800100 f afta - tU '.----------).7 _ � �1 0 34�OR04,96 ,; r >s»��.,m. j - - SLR 19 9 9-0 0 0 0 6 15134 9799 / � I� SUBJEII 'illi 41 1�0a04209 t' TAX LOTS ° 77 191]140804300 1' / — PAS C U LL 1 NORTH DAKCA �T w 151340809400 ��� / NORTH 15,3491195 i iS194080111501340009500 r / SEWER LINE 75600700 101 1S}2Y8900 . 10134ga6000 5,4915193490° 1100 / EXTENSION 57349805800 7 101340806300 , ' '''SN,,,, 41N1,,, ,, \ 1340810000 1513431 809900 \� 151340809900 : � 151350800600 1 151340805190__.0300 0810Y00 — 1613111810300 101350890109 ill 151340810400 151313400.05500 MIL1 , , /13 ./\ ' \ ---_-- -----TT'°20° _I , 101359800900 > 1S135 9 0 003 00 101350800400 / Z i i J 15 77 5 080 0 00 2/ r- 151340000100 151340000103 151340000102 7 ... j A 'li - 0 100 200 300 400 500 Feet U') 15134 0 0 0 0ID1 I \ 151350900500 I I 101350000900 ` 1"=376 feel - /131356600600 151359000700 TIGARD ST Wak A 1111&, t - lx City of Tigard s al Information on this map is for general location only and - I I I should be verified with the Development Services Division. 13125 SW Hall Blvd • AM R4V PU4A.0 Tigard,OR 97223 (503)639-4171 Ahtliki, =__ _ httpilww.t.ci.tigard.or us Community Development Plot date:Jul 14, 1999;C:\magicWIAGIC03.APR 1S134DA-00100 1S134DA-03400 LUSK LINDA D PASCUZZI INVESTMENT LLC BOX 91535 10250 SW NORTH DAKOTA PORTLAND, OR 97291 TIGARD,OR 97223 1S134DA-04000 1°S 34DA-04100 WILLIAMS JAMES ESSEL WILLI• JAM • SEL 10569 SW NORTH DAKOTA ST 10569 SW • :-TH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 9 ' 3 1S134DA-04200 1S134DA-04300 BROOKS SUSAN BROWN REBECCA E 10557 SW NORTH DAKOTA ST 10551 SW NORTH DAKOTA TIGARD,OR 97223 TIGARD,OR 97223 1S134DA-05300 1S134DA-05400 MILLER ANDREW J MILLS DONALD R AND NANCY ANN 11252 SW 105TH PL 11310 SW 105TH PL TIGARD,OR 97223 TIGARD,OR 97223 1S134DA-05500 1S134DA-05600 MCALLISTER SUSAN G DAILEY DALE E&SONDRA L 11348 SW 105TH PL 11343 SW 105TH PL TIGARD, OR 97223 TIGARD,OR 97223 1S134DA-05800 1S134DA-05900 MARTIN SHARI R JETT JEFFREY A&RENE L 11293 SW 105TH PL 11221 SW 105TH PL TIGARD,OR 97223 TIGARD,OR 97223 1S134DA-06000 • 134DA-06800 NODAK OWNERS OF LOTS 1-7 BEA : HOM ■ RT 5 BOX 62 7125 A • TON SHERWOOD,OR 97140 XUKTLAND,OR • 3 1S134DA-06900 • 4DA-07000 BEACON HOMES INC BEAC• OM . •C 7125 SW HAMPTON 7125 • -A' ' ON PORTLAND, OR 97223 -•RTLAND,OR 9 • 3 134DA-07100 4DA-07200 BEA N HOMES DALB • -U: ' & 7125 S PTON 7125 A ON TLAND,0 223 ARD,OR 97223 1S134DA-07300 S134DA-0740' DALBEY KURT H& DA : Y . .'T H& 7125 SW HAMPTON 712 :n • ,iPTO TIGARD,OR 97223 ARD,OR 97223 4DA-07501 1S134DA-07600 DALB - T H& D•.:EY KURT - 7125 -• •' PTON 7125 - • PTON ARD,OR 97 '- TI •-D,0' •7223 134DA-07700 1- 4DA-07800 DAL:.Y K H& DALB UR & 7125 - • PTON 7125 S • •TON T :•RD,OR 9 ' 3 T . •-D,OR 972 34DA-07901 134DA-08000 DAL: .•TH& DAL:•YK • H& 7125 :1 • k MPTON 7125 • :MPTON ARD,OR • 23 ARD,OR •• 3 4DA-08100 4DA-08200 DALB• K H& DALB ' H& 7125 • -- 'TON 7125 '+ HA∎' ON TI e•RD,OR 972 3 ARD,OR 972 " 34DA-083U 4DA-08400 DALB- • •RT H& DALB' K H& 712 ••••TON 7125 PTON ARD,OR 972 3 T !•RD,OR 9 • 3 1 S 134DA-08500 1 S 134DA-08600 B ON H•, S INC HOERNER ROBERT A JR 7125 t PTON 11311 SW BUFFALO PL Pt-TLAND,O• • 223 TIGARD,OR 97223 1S134DA-08700 1. 4DA-08800 OSBORNE ELAINE L BEACON •M : C 11321 SW BUFFALO PL 7125 •M• •IN TIGARD,OR 97223 • RTLAND,OR 97 • 1 S 134DA-08900 1 S 134DA-09000 PARSHALL DON M&SHAWNA L ANDERSON KAREN A& 11350 SW THUNDER TER 11370 SW THUNDER TER TIGARD, OR 97223 TIGARD,OR 97223 1S134DA-09100 = 34DA-09200 HUGHES JANICE M& BEAC• .0i," INC 11380 SW THUNDER TER 7125 • A • ON TIGARD,OR 97223 Pe-TLAND,OR 9 -23 1S134DA-09300 S134DA-09400 DAKOTA MEADOWS OWNERS OF BE•.•N HI, S INC 7125 SW HAMPTON 7125 ' ' PTON PORTLAND,OR 97223 • TLAND,OR • 23 1. 34DA-09500 34DA-09600 BEA •N HOM : C BEA HOME 7125 S •••► MPTON 7125 SW : • PTON P''TLAND, .' 97223 P•- LAND, • 97223 1 4DA-09700 1 4DA-09800 BEACC H•,, S INC BEAC► H•, S INC 7125 • PTON 7125 :MPTON P6'TLAND,OR 97223 ':'TLAND, •- 97223 1 '4DA-09900 1S134DA-10000 - BEAC6 HO • INC BEA ■ H•, S INC 7125 S • k PTON 7125 ' :MPTON P�- LAND,O' 17223 PC'TLAND,O' •7223 1 4DA-10100 1 S 134DA-10200• BEAC• , .! qES INC BE•.ON ! ES INC 7125 - HA■ 'TON 7125 -'' HAMPTON P•RTLAND,OR • 23 ••RTLANi OR 97223 134DA-10 .0 134DA-10400- BEAC•. OMES INC TIGA' • CI OF 7 SW H• 'TON 1312 :I• ALL PORTLAND,OR •7223 ARD,OR • 23 34DA-105': 1 4DA-1060' TIGA' • Y OF BEA . •MES INC 131 . ALL 71 . •MPTON GARD,OR • 223 -ORTLAND, •- '7223 S134DA-10700 1S134DD-00100 VE • C•.'T OWNERS OF LOTS 1-8 RICHARDS JAMES E&SHARON S UNK IN •*DRESS 520 SW 6TH#400 PORTLAND,OR 97204 1 S 134 D D-00101 1 S 134 D D-00102 BUCHANAN MICHAEL R&SHEILA M SCHAEFER DONALD M&MILYNN 0 10525 SW TIGARD ST PO BOX 23697 TIGARD, OR 97223 TIGARD,OR 97281 1 S 134DD-00103 1 S 135BC-00700 Ti. •'• C OF AMB PROPERTY L P 1312 V' -•LL 8930 SW GEMINI DR ARD,OR • 23 BEAVERTON,OR 97008 1S135BC-01100 1S135BC-01200 ROBINSON E LEE&EVELYN L WASHINGTON SQUARE INC PO BOX 91305 700 FIFTH AVE STE 2600 PORTLAND,OR 97291 SEATTLE,WA 98104 1S135CA-00700 1S135CA-00800 LILLY EDWARD B ANDEREGG FRED CHARLES&BEULAH 5406 NE 71ST ST 17146 SE HIGHWAY 212 VANCOUVER,WA 98661 CLACKAMAS,OR 97015 1S135CA-00900 1S135CA-00902 ROGERS ALICE M QUAIL COURT APARTMENTS LLC 11335 SW GREENBURG RD 5400 BAY CREEK DR TIGARD, OR 97223 LAKE OSWEGO,OR 97035 1 S135CB-00100 35CB-00100 NATIONAL SAFETY COMPANY NATI• ,• . ETY COMPANY 17010 SW WEIR RD 171 W "D BEAVERTON, OR 97007 AVERTON,OR 971.7 35C3-00200 1S135CB-00300 PAS . ZI I► • STMENT LLC MERLO STATION PARTNERS 10251 :TT •RTH DAKOTA P 0 BOX 23516 ARD,OR • 3 TIGARD,OR 97223 1S135CB-00400 1 35CB-00500 _ GABRIEL INVESTMENT LLC GAB' INV .TfVIENT LLC 10250 SW NORTH DAKOTA ST 102505 "∎'TH DAKOTA ST TIGARD,OR 97223 TRD,OR 9 : 3 1 S 135CB-00600 5CB-00700 MCCALL PROPERTIES INC MCCA - 0 808 SW 15TH AVE 808 15 •VE PORTLAND, OR 97205 '•RTLAND,OR '7205 1 S 135CD-00900 SHARON DEVELOPMENT CO LLC 5795 SW CRANBERRY CT BEAVERTON,OR 97007 SPENCER VAIL 4505 NE 24TH AVENUE PORTLAND OR 97211 ti¢S� AMEk1 0 First American Title Insurance Company of Oregon An assumed business name of'liftE INSURANCE COMPANY OF OREGON AT&T WIRELESS SERVICES June 01, 1999 ATTN:SPENCER VAIL 4505 NE 24TH AVE. PORTLAND, OR 97211 Ask us about the comparable searches we can do with MetroScan. $1 1;ra We appreciate this opportunity to be of service to you. If you have any questions regarding this report, please call: C LORI 790-7877 First American Title Insurance Company of Oregon 1700 SW Fourth Avenue, Suite 102 Portland, OR 97201-5512 Phone: (503) 795-7619 Fax: (503) 790-7872 This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds;indiscriminate use only benefitting intermediaries will not be permitted. Said services may be discountinued. No liability is assumed for any errors in this report. Gerald Anderson&A Charlotte Alice Rogers Monica Lea Powell 11645 Sw Tiedeman Ave 11335 Sw Greenburg Rd 10593 Sw North Dakota St Tigard,OR 97223 Tigard,OR 97223 Tigard,OR 97223 James&Kimberly Delaney James Essel Williams Susan Brooks 10587 Sw North Dakota St 10569 Sw North Dakota St 10557 Sw North Dakota St Tigard,OR 97223 Tigard, OR 97223 Tigard,OR 97223 Rebecca Brown Michael&Sheila Buchanan Andrew Miller 10551 Sw North Dakota St 10525 Sw Tigard St 11252 Sw 105Th PI Tigard, OR 97223 Tigard,OR 97223 Tigard,OR 97223 Donald&Nancy Ann Mills Susan McAllister Dale&Sondra Dailey 11310 Sw 105Th P1 11348 Sw 105Th PI 11343 Sw 105Th Pl Tigard,OR 97223 Tigard,OR 97223 Tigard,Oft 97223 Monika Lew&David Masuda Shari Martin Jeffrey&Rene Jett 11315 Sw 105Th P1 11293 Sw 105Th P1 11221 Sw 105Th P1 Tigard,OR 97223 Tigard,OR 97223 Tigard,OR 97223 Spencer H. Vail Naomi Gallucci Sue Roman 4505 NE 24th Avenue 11285 SW 78th 11250 SW 82nd Portland,OR 97211 Tigard, OR 97223 Tigard, OR 97223 { Current R:.ident Current Resident Current Resident { 10815 Sw ...cade Ave 11255 Sw Greenburg Rd 11280 Sw Buffalo P1 Tigard,OR 9 3 Tigard,OR 97223 Tigard,OR Current Resident Current Resident • rrent Resident 11461 Sw 98Th Ave 11200 Sw Buffalo P1 11225 Sw Greenburg Rd Tigard,OR 97223 Tigard,OR Tigard,OR 97223 Current Resident rrent Resident Current Resident 10485 Sw North Dakota St 11.40 Sw Tiedem. ve 11530 Sw Tiedeman Ave Tigard,OR 97223 Tigad OR 972 Tigard, OR 97223 Current Resident C ent Residents Current Resident 11445 Sw Tiedeman Ave 1555 Sw TiedemaaAve 11535 Sw Tiedeman Ave Tigard,OR 97223 Tigard, OR 97223 \ Tigard, OR 97223 Current Resident Current Resident Current Resident 10250 Sw N 11355 Sw Greenburg Rd 10635 Sw Tigard St Tigard,OR �,,/ Tigard, OR 97223 Tigard, OR 97223 Current Resi s, t Current Resident 11101 Sw reenburg Rd 10563 Sw North Dakota St Tigard a R 97223 Tigard, OR 97223 A\AA i I { SENSITIVE LANDS A' '' TYPE II or TYPE III APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX:(503) 684-7297 GENERAL INFORMATION PRE-APP. HELD WITH: i,1,A * ^ ,J DATE OF PRE-APP.: v q • Zq,c�� Property Address/Location: f D ZS� Sc.J K/ P14 ealir FOR STAFF USE ONLY Tax Map & Tax Lot#(s): S / 3-4 1 3--tt S ( 3S" c B O?�-t� Case No.(s): � f� ke l-[ - £19OO( Site Size: Other Case No.(s): � Receipt No.: z'1 1#61-11 Property Owner/Deed Holder(s)*: pal5 / T'1 Application Accepted By: Address: l ri?S(J Sw d f� Phone: 63 7-V l Date: 7- 7- '19 City: 17 c,i4 Zip: Q'7 2-2-7 Applicant*: ' � lw� Date Determined To Be Complete: 4 Address: ' Phone: ✓ J r Comp Plan/Zone Designation: City: Zip: * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession CIT Area: with written authorization from the owner or an agent of the owner. Rev 11/26/98 is\curpin\masters\sla.doc The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. REQUIRED SUBMITTAL ELEMENTS PROPOSAL SUMMARY The owners of record of the subject property request a Sensitive ✓ Application Elements Submitted: Lands Permit to allow (please be specific): Ei c°1C�n� Kl v,�� SPt.�e-� L-, Application Form P ❑ Owner's Signature/WrittenAuthorization 20 SS Fi4ivit/O C-r2�� ❑ Title Transfer Instrument or Deed ❑ Site/Plot Plan (#of copies based on pre-app check list) ❑ Site/Plot Plan (reduced 8'12"x 11") ❑ Applicant's Statement (#of copies based on pre-app check list) ❑ 2 Sets of Pre-Addressed/Pre-Stamped Legal Size Envelopes ❑ Filing Fee (Administrative) $ 745.00 (Hearing's Officer) $1,240.00 1 List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon..the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this I day of 7 , 19 �( Adiptir Ads iffite• OZIT "l•n= Owner's Signature AI(k trek ' A i� Owner's Signature Owner's Signature 2 $Z AMER1 c , ; "4. First American Title Insurance Company of Oregon Washington(OR) Prepared For: Prepared By: GREG KOTT Customer Service Department 1700 SW Fourth Avenue - Portland, Oregon 97201-5512 Phone: (503)222-3651 Fax: (503)790-7872 OWNERSHIP INFORMATION Owner : Pascuzzi Investment Ref Parcel Number : 1S134DA 03400 CoOwner : T:01S R: 01W S: 34 Q: 251 Site Address : *No Site Address* Parcel Number : R0269676 Mail Address : 10250 SW North Dakota St Tigard Or 97223 Map Number : Telephone : Owner: Tenant: County : Washington(OR) SALES AND LOAN INFORMATION Transferred : 06/02/95 Loan Amount : Document# : 37908 Lender . Sale Price Loan Type : Deed Type : Quit Claim Interest Rate : %Owned : 100 Vesting Type : PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page&Grid : MktLand : $4,360 Census : Tract: Block: MktStructure : Subdivision/Plat : MktOther . Neighborhood Cd : KR57 MktTotal : $4,360 Land Use : 1002 Vacant,Residential M50 Assd Total : $4,340 Legal : ACRES 1.08 %Improved : : 98-99 Taxes : $63.07 • Exempt Amount : Exempt Type : Levy Code : 02374 Millage Rate : 14.9379 PROPERTY CHARACTERISTICS Bedrooms • Lot Acres : 1.08 Year Built : Bathrooms : Lot SqFt : 47,044 EfJYearBlt : Heat Method : Bsm Fin SqFt : Floor Cover : Pool : Bsm Unfin SqFt : Foundation : Appliances • Bsm Low SqFt : Roof Shape : Dishwasher Bldg SqFt RoofMatI . Hood Fan : 1st Flr SqFt : InteriorMat : Deck • Upper Flr SqFt : Paving Matl : Garage Type : Porch SqFt : Const Type . Garage SF : Attic SqFt • Ext Finish • Deck SqFt : This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. • .aw o.a7Dt 3 ! . ..._'� ..:.a.. _�'J. ..i... - L''tai 2141a-r.R4 AIYAL:..".�..owtt z_ -7 7aumeLai.■:i.-■-= r • _ STATE OF OREGON 1 _ _ /�0 County of'Noat:ington . kt LJ� :.c. --- $ I,Jerry R.Hamm,►Otrecbor of Amass- `--- moot and .Tmrat:n and tDr•OMtto County Clark for eaId county,do ttiareHy a rWy that ._ _- tho within Iastrumont of wrftiOg teas received :_-• 0 and rtio4rded.$n boot( or Meats-of Bald -lacounty. [.- ti CZ Jerry R Hermon. Director of Lw4:�_ Aaeeearnont and Taxation.Ex- _ .__ Otttoba Cowry Clerk - _- -imdr.. Doc : 950.37908 Eir•:I ' Rect: 144638 48.00 !. ry 06/02/1995 10: 50: 27AH 1 ;. i'rs►u D' f i..77-1:- )444ht. AFTER RECORDIIta RETURN TO: UNTIL A CHANGE IS REQUESTED, F r ALL TAX STATEMENTS SHALL HE i:R' .. Attn: Dominic G. Collettr. BENT TO THE FOLLOWING ADDRESS: r • O'Donnell, Ramis, Crew, i '[i:7;;, r'.. Corrigan & Bachrach Pascuzzi Investment L.L.C. , 1.'?�•"% Attorneys at Law 10250 SW North Dakota IrI,, ;• •I• 1727 NW Hoyt Street Tigard, Oregon 97223 . 1: Portland, OR 97209 r'•� j,; QUITCLAIM DEED STATUTORY FORM ARTHUR PASCUZZI, ERNEST PASCUZZI and PASQUALE PASCUZZI, as tenants in common, (hereinafter collectively called "Grantor") , releases and quitclaims to PASCUZZI INVESTMENT L.L.C. (hereinafter - called "Grantee") , all right, title and interest in and to the • following described real property: See Exhibit "A", attached hereto and incorporated herein by this reference. • The true consideration paid for this transfer is Zero $0. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY • DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING TIHIS INSTRUMENT, • THE PERSO',d ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY • . Page 1 - QUITCLAIM DEED XII - •:. , i — q . . ,. .. i• f. —.7..i'•.3.i•�.=ti.»....,:a.,.„;a„.7:...._.r w ...__...__ ..._ ..._ .... - ,.....- ______ Y'; . ri q- :.. . N. •y APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST -_ „ FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. "° .'.i9 CU -- :VW o Dated is 22.. day of May, 1995. 7..: .A 1 411P %•ASCUZZI , _ . .! E- E-T P :.0 i ,.. ' 'XI: ! PA iU E P CU.ii r 7 s'? STATE OF OREGON ) •,47. • County of �,c�.4s�,2/4 ) ss. • u. ti,.-. The foregoing instrument was acknowledged before me thin day of May, 1995. by ARTHUR PASCUZZI. / (NOTARIAL SEAL) /A.----72 Notary Public for Oregon r •.; My Commission Expires: 0-/p=fd .. •. STATE OF OREGON /� OFFICIAL SEAL i �/� / / ) ss. PAMOENSCN 1:::.` G�.GL'A ,) NOTA,;r'-1)1,!,..1�-OREGON County of y `.., ;; � C0'•1`EI,.StJN NC 1)31041 ,: MY COMMISSION EXPIRES MAP.14,t9911 • The foregoing instrument was acxnowreacec bel'aYre ine t is 2-1-- • day of May, 1995, by ERNEST PASCUZZI. (NOTARIAL SEAL) Gtr-- • Notary Public for Oregon My Commission Expires: J/-yam."' I OFFICIAL SEAL PAM eENSCN '. 1 i ' ! MYCOMMSSIONEEXXPIIRES I14.1096 - �: •.; Page 2 - QUITCLAIM DEED XZI _e *} lb . �..:- �`.•r' ..a... b:•. 'ice "srr --___ -:�.� - - =•:fi.}-•--s.- .. .._.. ..,-S -yam. . . . ..+Y r. , ... - I: �. ....... AI N STATE OF OREGON ) O s ) _ A8. County of�� •��) ta The foregoing instrument was acknowledged before me this 2-1-- — ' day of May, 1995, by PASQUALE -• UZZI. (NOTARIAL SEAL) •---- t + j' Notary Public for Oregon I--•___ • My Commission Expires: _ /-- . ••----�- i L• �� i�ft• 0rFICIAL SEAL y �,., • f'• t .'.l BENS0N ..,... .4.,..- ∎'V.' '', ,.v3LIC•OREGON V * • COMMSSION NO.0310t11 ;� "'�'s L_1 r 7 • MY COMMISSION EXPAES MAP.14.1 W �•' �Rl•_.—Ills .° ). s � ,I • fit ;;... • 1 3Y ,•r,`:r: ;'1 .':1i 1 .0• •J.r''h 1 -'-I 4-•:.I,.Page 3 - QUITCLAIM DEED • i : 3 • 41!. t _ ..4 ' >arFrf4.va; �xSr,�s ter..».•^. '.1,.,;,,t,-.I...., 4.Y_V »3' '•4' x 4 Cidv• �ti..•• -- EXHIBIT "A" _ v ..._. ...._ ,9 .„ g __ A parcel of land In the Southwest quarter of Section 35,Township 1 South,Range 1 West,of the Willamette F�--- -' — = Me rid fan, In the County of Washington and State of Oregon, being a portion of that certain tract of land f; i�U .-. l za; described In the conveyance from William and Frances C. White to William V. and Betty L Cookson, ~ �' ' husband and wife,by deed recorded In Book 462,page 167,Washington County Deed Records,and being��� i.' s P 9 9 Y 9 -` more particularly described as follows: r4.6,. Beginning at the Northeast corner of the said Cookson Tract, said point of beginning also being the q,•.••` `, ;;g+-• Northwest corner of that certain tract of land conveyed to Pascuzzl Investment Company by Deed recorded e:•.• :'..: . '.1 n Book 6.55, page 567, Washington County Deed Records; thence South 0'02' West,along the East line 1:-. of the said Cookson Tract, and also along the West line of the said Pascuzzl Tract, 495.02 feet to the .;:, r' Southwest corner of Inc said Pascuzzl Tract;thence 89°30'West,along the Western extension of the South %j: • ti. line of t`;, :d Pascuui Tract, 100.00 feet to a point:thence North 0'02'East,parallel with the East tine of t '.: the said Cookson Tract;405.02 feet to a point on the North line of the John L Hicklin Donation and Claim °:" No.54;thence South 89.30'East, along the said Donation Land Claim's North line, 100.0 feet to the point •t •"' of beginning. l • • • • • t i • • J ir: f ■--;i: I Page 1 — EXHIBIT "A" _�'r=ra - -..�____ ._ .... .rte-,ate-•.._..---. ,r.'..�---- - ...�. li ' .. • .l t — • • .r•r=sue': - ,. A M E R j 4,� -,_ - c94. First American Title Insurance Company of Oregon Washington(OR) Prepared For: Prepared By: GREG KOTT Customer Service Department 1700 SW Fourth Avenue - Portland,Oregon 97201-5512 Phone: (503)222-3651 Fax: (503)790-7872 OWNERSHIP INFORMATION Owner : Pascuzzi Investment Ref Parcel Number : 1S135CB 00200 CoOwner : T:O1S R: 01W S: 35 Q: 252 Site Address : 10250 SW N Tigard Parcel Number : R0273402 Mail Address : 10250 SW North Dakota St Tigard Or 97223 Map Number : Telephone : Owner: Tenant: County :Washington(OR) SALES AND LOAN INFORMATION Transferred : 06/02/95 Loan Amount : Document# : 37912 Lender : Sale Price Loan Type : Deed Type : Quit Claim Interest Rate : Owned : 100 Vesting Type : PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page&Grid : MktLand : $498,740 Census : Tract: Block: MktStructure : $1,598,590 Subdivision/Plat : MktOther : Neighborhood Cd :Y217 MktTotal : $2,097,330 Land Use : 3012 Ind,Improved M50Assd Total : $1,711,210 Legal : ACRES 4.49 %Improved : 76 : 98-99 Taxes : $25,561.88 : Exempt Amount : Exempt Type : Levy Code : 02374 Millage Rate : 14.9379 PROPERTY CHARACTERISTICS Bedrooms Lot Acres : 4.49 Year Built : Bathrooms • Lot SqFt : 195,584 EffYearBlt : Heat Method : Bsm Fin SqFt : Floor Cover : Pool : Bsm Unfin SqFt : Foundation : Appliances Bsm Low SqFt Roof Shape : Dishwasher Bldg SqFt Roof Matl : Hood Fan : 1st Flr SqFt : InteriorMat : Deck • Upper Flr SqFt : Paving Matl : Garage Type : Porch SqFt : Const Type : Garage SF Attic SqFt • Ext Finish Deck SqFt : This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. STATE OF OREGON } -- County ofWashtnpton SS y1 20 mane end R. Wicker of Aaaass- Ilnmtlon e d•ar•O►4rJu County ' L Clerk Bald for county,do hereby certify that •$J ', "� the withla Inohumorg of wrtSny WM PIcelvad __._ CM and mOCrded.M book'at fecorde:,of sold county. rm._ f -3 •1' Jtarry.q Hanson Director of . Aaeseement arwf7axatlon.Ex- On qun -._ loic Gty Clerk ----. .ed. _ ' '4 'n Doc : 95037912 ,�� ; �'-i�E� Rest: 144638 4e. 00 �,1' `�', 06/02/1995 . `C .. ? ��- 1 '..::.Ji a U. .J./..r Uru'1 � ' AFTER RECORDING, RETURN T0: UNTIL A CElUQE IS REQUESTED, '• • ALL TA's STATEMENTS SHALL BE • Attn: Dominic G. Colletta SENT TO THE FOLLOWING ADDRESS: —... O'Donnell, Ramjs, Crew, :�. •1 Corrigan b Bachrach Pascuzzi Investment L.L.C. :sw'? '• Attorneys at Law 10250 SW North Dakota 1727 NW Hoyt Street Tigard, Oregon 97223 Portland, OR 97209 • QUITCLAIM DEED STATUTORY FORM ARTHUR PASCUZZI, ERNEST PASCUZZI and PASQUALE PASCUZZI. as tenants in common (hereinafter collectively called "Grantor") , releases and quitclaims to PASCUZZI INVESTMENT L.L.C. (hereinafter called. "Grantee") , all right, title and interest in and to the J following described real property: See Exhibit "A", attached hereto and incorporated he::ein by this reference. The true consideration paid for this transfer is Zero $0. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. THIS ::NSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, TAE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY % I Page 1 - QUITCLAIM DEED XV iR . ,.......• .. ... . affil ___i: ... , Z . ` . I.1;'. •. ` Nl 1,7 :...' r . . . ...................tme .j =7 f -' - ' k'snc �`:'.;::• ....-2-11:21:, ' f i..is�.'+.f.+•'1�(':'r'.;•s r. w,^:,.`Menu¢ ,•-•A..W.:: :. _: ----"--- 1 APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST CU FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. —, �o Dated this 2.Z day of May, 1995. • 3 .ice _, _' . CU2ZI -- -.r•s�. - • Rlllsle•ilmY� / , e t .44. ":4 ERi TJ PF).0 7.. Mr L ._. . f - 14 IiU .r AO 41 ...• . _ w.:: 4 P/1ALE oSCU 7.. _.■ STATE OF OREGON ) ,,,�,, County of Cfi�G/f}, ss. 71:--- The foregoing instrument was acknowledged before me this -2, 1--- lu day of May, 1995, by ARTHUR FASCUZZI. 1s;,7Y?� (NOTARIAL SEAL) � _ - { ,!�;�•.; -t.;. •. Notary Public for Oregon t... : My Commission Expires: J-/,1= ' (r•7'. STATE OF OREGON ) l'•• OFFICIAL SEAL ss t i+.,, 3 ra,,or:N oN /// [/ / ` r,or' n'I):�,.:.LnecoN County of !w�-'1 ,r( `.) ` COF;rlt.Z jrt. Tfait ILIY r sto,a ExPIAcs t.uH.u.,t9e • The foregoing instrument was acknowledged before se this -2-1-- rr+ ;,=. day of May, 1995, by ERNEST PASCUZZI. -`.^,a::. (NOTARIAL SEAL) t��r ._ +� Notary Public for Oregon My Commission Expires: J"/yl?' or•O^cnL seal `,•. , ..• ;AEGON• :•' 01 CC.:.:- .]r,i' - :'.:A,'II.:94ll _"rr +f •• Page 2 - QUITCLAIM DEED XV • :, a ! Qta ,---7---.—-- • ----- ........ -- i _. STATE OF OREGON ) ------ .41 OS County of --- it,. co •••2„.1...- ....IRA '441101.::] The foregoing instrument was acknowledged before me this _2„:_ ...g J day of May, 1995, by PASQUALE PASCUZZI. 31511w---- ... (e■■) ;-•=."_-:m— • '. &tr... (NOTARIAL SEAL) .---: Notary Public for Oregon , .,„.4,y •••••••Epeles.. My Commission Expires: __-_-.LZZIL/L__ ..1..1:-....,,,,,t: NIMII.....• .- l. If:..) MinCIAL SEAL .•'..% ' ..:Ir ,'; .i'l...;19, V.....,:21• • NCTAnV rtj:ILIC-CAI EGON .NE,S.O..... 4' • 1:4%. ••••• CCM'el:!:441r..4N/70 05 t041 ,......-- • {:.;;;.,.. !„!.COLIW;Volet1 EXPIRES MAR.1 J.It to a i=r.-.• ...-7 i 7.......:..' i .,", .,-..„ '", .••.:"••:. • Rgart •1• ; .. Ate ....•.;.,.:i. %--,17, 41 . . ' ......'(:,•;`'' ;•.; _ .., r7:1 . . • 1 . .1 - - . . .- . , ..... . .., ' . • .....-: i , ... , ... • . . . • 4.• 7sy.: .- .: ,z.. . • • ::.:,.. I ' • ,, t-'.• I • ., ;;.4.... . 1s:4" •-.404.-•• XV Page 3 - QUITCLAIM DEED -....c '.: :',i • : 3 4 ,...4.4-. L .....;:r 4 - ifiZIL'• ,,rii"es.r.,,••.:ii-1.• ...•■ .. • - : . 45;•-•,..V.,.."•h,r,-.1_'',.•:•.".'1,4.:■....!. . . . .. .. ' 4s' i44.4..L.4.44......tn!.1 i-4:iI.Z.4.4:r., • Z.;• .',.... !....e. ... . • • , :TI41..444%•:■,,,Cil ir.;t:;:l'em.:21. . le . 1..•• • • •• 4 . ... "' . .., . ..,.. ... , .iip_Wagg•al.,141.4CNI.4-'••;.,4••• l• • ' • .7:',‘_.2._ ..•,i,•vo?,I4•2.:•••••,,34.1,,V;;;.•„,. ,. • , - . • • i . • ' . .. --",:b1. i.,i"?-.1•••••,-,-• . t• • " • • . . .. . . - • •.!C7.'. .,.7:41,;,:‘• ■: • . .: . . : . .. . . .•... . ......,....:..._. . ......, ;. ,.... .... - - -. -.. • ' • — • -• • - !.•••••-;--,n-----:-.- .. ----4,•:-,. fr•45...::7f19-'-'';g:.••••,(•::•*.-'. :•.-• . ... • . ,. , '17=-J.;--roz&t,i.elyfr.;;-..1•1....:f=p; ,; :s : ..... . . • ' ' • . . " • •• - -. • ., : -_-:_prilvii.V."'"clrievi•5r1,0-,.)..... ;:...........,.. . .. • ,, • • • • . . . .. : —•—••.=-171‘,1 I if..7"-Wi''.Z.-•■''-.: • : S ---.."11-4T•1;'''''... .'..2.... .... . • -....+.r......■■•■••Nlia -,Twr-rF----: i WNW • iii EXHIBIT 'TA" _.s .g 0 .. •._.._.._.. i gar _ Part of Section 35, Township 1 South, Range 2 West, of the Willamette Meridian, in the County of p?�` dr�r Washington and State of Oregon,described as follows: �'=a;�;" vr.•ig6u.-a- 1_?�, Beginning at a point 3,694.29 feet West of the Northeast corner of the John L Hfcldln Donation Land Claim, 3..■1.17-• ,, e:lrt rnfnt bafno SO feet Westerly of.when measured at right angles lo,the originally located center fine of tFe.-_* ` 9 9 9 Y 4'a: - : S�yl. the Southern Pacific Company's right of wa/;thence South 19'30'30'East parallei with the center lire or `f . ��" said tight of way,207.49 feet to a point 35 feet Westerly 01, when measured at right angles to, the located 4,': yjw-`•ta.` : center line of the Oregon Electric Railways connection to the Southern Pacific Company's Track; thence , " i along a ling parallel with and 35 feet Westerly from the center line of said connection as fellows,along curve •, i _ r:4 g p Y g �.' to the right(radius 783.64 feet) (the chord of which bears South 3'58•30'East 227.82 fee:)to a point;thence 7.1,,4 along a curve to the right(radkis •1,257.57 feet)to a point;thence along a curve to the righi(radius 1,257.57 .• . -,. feet) (the chord of which bt.ars South 6'02'14'West,72.56 feet)to a point;thence leaving said parallel line, _F'. fit,, . West 430.93 feet to a point to the West line of the parcel of land conveyed to the Beaverton and Willsbur .,i '""'` Railroad Company by the Investment Co. by deed dated September 18, 1907 and recorded November 1, /4•- ^�• 1907, In Deed Book 77, page 361, Record of Deeds of said Washington County; thence North along the -.1: :+.; West line of said parcel of land,495,0 feet to the hlonhwest corner of the said parcel of land;thence East • along the North line of said parcel of land 353.49 feet to the point of beginning, • • ! ai 'rY Page 1 - EXHIBIT "A" P..”';'' elki • �, ��a, •.r__��y.�...aw.a1.✓♦�!J!'L7�fI^ra•na/�v.�+� ..._��._ _ ...._�� _ _ �.-- , gay+,�)-' !!��i�i,,�i j°'.. 1.74.,:-::1::4;14;.......::!,... . , ... AFFIDAVIT OF MAILING • STATE OF OREGON ) )ss. City of Tigard ) I. _ pe-frf 14• v,4 , being duly sworn, depose and say that on fr`�� 3 , 19'7'�1 caused to have mailed to each of the persons on the attached list, a notice of a�meeting to discuss a proposed development at or near) 10 2�C) ; (r1 k4-% „DAC! a a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were d-posited on the dat- indicated above in the United States Post Office located at / _ • with postage prepaid thereon. Signature' (In (he pres ce of a No ary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and sworn/affirmed before me on the . day of j-( , 19 J. OFFICIAL SEAL I En^t%�'�^ KELLEY A.8WENSEN � NOTARY N0.051253 OTARY PUBLIC-OREGON NOTARY "UBLIC OF GREG N I MY COMMISSION EXPIRES FEBRUARY 14,2000 ( My Commission Expires: l L f/g175-0 (Applicant, please complete information below for proper placement with proposed project) I NAME OF PROJECT OR PROPOSED NAME: • • TYPE OF PROPOSED DEVELOPMENT: 5- n - pX t / 44-0" ► ''�'� Name of Applicant/Owner: 4 5 Gv I Address or General Location of Subject Pr.•e O Sd S�,/ ,4J ' jj% I Subject Property Tax Map(s)and Lot#(s): t 5 ( 3 1 DA 3- e e / / �5 c'--B h:iogintpatty masters\affmail.mst AFFIDAVIT OF POSTING NOTICE ....................... ............... .... WITHIN SEVEN(7) CALENDAR DAYS OF THE SIGN POSTING,RETU`RN'THIS AFFIDAVIT TO: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 I, ciP1914e-s-er-----„ V l , do affirm thpt I am (represent)ihe party initiating interest Ia proposed Sir R S� ----�' affecting the land located at (state the approximate location(s) if no address) and/or tax lot(s) currently registered) ( oZS'e) ,-1,2 'c & , and did on the -• day of //��-N�--� 19 ye/personally post notice ilidicating that the site may be proposed for a ! --te *414-,*414-,6,` , ( P - application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at Ti e e / /Jr1! 4: (state location you posted notice on property) Sig ure (In the pre's: ce of a tary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and sworn/affirmed before me on the day of`J(J/LE , 191L/ !.":. OFFICIAL SEAL =fT+e�►; KELLEY A.SWENSEN NOTARYPUBIIC-OREGON NOTARY P BLIC OF OREGON COMMISSION N0.051253 MY COMMISSION EXPIRES FEBRUARY 14,2000 My Commission Expires: C.�/ ( / "6i/ (Applicant, please complete information below for proper placement with proposed project) NAME OF PROJECT OR PROPOSED NAME: P../S'cu "? I TYPE OF PROPOSED DEVELOPMENT: �2e J _ n I n �� %4 Name of Applicant/Owner: PA5cc/?-117 r ibt I Address or General Location of Subjectr6perty: LSubject Property Tax Map(s)and Lot#(s): L 5 ( 34 t 4 34e' i' ! ' <=t5 h:lloginlpattytrnasterslaff post.mst SPENCER VAIL O PLANNING CONSULTANT June 3, 1999 Re: Construction of private sewer line Dear Interested Party I represent the owner of property located at 10250 SW North Dakota Street. Specifically, the properties involved are Tax Lot 3400 on Map 1 S 134DA and Tax Lot 200 on map 1 S 135CB. We are proposing to construct a private sewer line to connect the existing industrial development to the public sewer system. Because this sewer line will cross Fanno Creek the City must conduct a sensitive lands review of the project for compliance with applicable Code requirements through the Conditional Use procedure. Before to applying to the City of Tigard for the necessary land use approvals and permits, I would like to discuss the proposal with the surrounding property owners and residents. You are invited to a meeting on: Friday June 18, 1999 Tigard City Hall—Town Hall Room 13125 SW Hall Tigard, Oregon 97223 6:45- 7:45 PM Please note that this will be an informational meeting on the Preliminary plans. These plans may be altered prior to submittal to the city. I look forward to more specifically discussing the proposal with you at the meeting. Please call me if you have any questions regarding the proposal. Very truly yours ( S c ail • 4505 N.E. 24TH AVENUE • PORTLAND, OREGON 97211 • 503/281-8245 • FAX 503/284-5506 MINUTES OF MEETING JUNE 18, 1999 The required neighborhood meeting was conducted by Spencer H. Vail, Planning Consultant representing Pasqual Pascuzzi. The meeting held on June 18, 1999 in the Tigard City Hall, Town Hall Room from 6:46 PM to 7:45 PM.. This was the time and place cited in the mailed notice and as indicated on the sign posed on the property. No one other than Mr. Vail attended the meeting. Respectfully • •ail SENSITIVE LANDS REVIEW The applicant proposes to construct a private sewer line from his existing buildings to the public sewer located about 240 feet west of the subject site. To reach the public sewer the proposed private line must extend through a sensitive wetlands area and cross Fanno Creek. The applicant retained the services of Pacific Habitat Services Inc. to prepared a Wetlands Delineation and Mitigation Plan. That report accompanies this application. Chapter 18.775 -Sensitive Lands Section 18.775.070 Sensitive Land Permits A. Permits Required Comment: This section requires a permit for development within a sensitive land area and establishes the approval criteria. Following is a listing of the appropriate criteria and the applicant's responses thereto. B. Within the 100 year flood plain 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance... Comment: The subject proposal calls for the installation of sewer line. There will be only temporary impacts during the construction period. The land form alteration is in the form of digging a trench for the sewer line and then back filling. 2. Land form alterations or developments within the100 year flood plain shall be allowed only in areas designated as commercial or industrial.... Comment: The subject property is designated for industrial uses on the comprehensive Plan. 3. Where a land form alteration or development is permitted to occur within a flood plain it will not result in Comment: The proposed alteration is temporary in that will last only for the duration oft he construction of the sewer line. When completed,the water surface elevation will remain at its current level. 4. The land form alteration or development plan includes a pedestrian/bicycle pathway... Comment:No pedestrian/bicycle pathway is proposed. The construction will parallel an existing roadway. Sensitive Lands Review Pascuzzi property 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood Comment: Since no pathway is being proposed, this criteria is not applicable. 6. The necessary US Army Corps of Engineers and State of Oregon Land Board, division of State Lands approvals shall be obtained. Comment: These permits have been obtained and copies are submitted with this application. Conditions attached to their approvals will be complied with by the applicant. 7. Where land form alterations and/or development are allowed within or adjacent to the 100 year flood plain,the City shall require the consideration of sufficient open land area Comment: No dedication is proposed. As stated above,the sewer line construction parallels SW North Dakota Street. C. With Excessive Slopes Comment: This criteria is addressed because of the slope between the top of bank and Fanno Creek exceeds 25%. 1. The extent and nature of the proposed land alteration or development will not create site disturbances to an extent greater.... Comment: The sewer line will be constructed beneath Fanno Creek. The excavation associated with the construction will disturb as little ground as possible. Conditions of the other permits already acquired also require minimal disturbances. 1. The proposed land for alteration or development will not result in erosion, stream sedimentation Comment: The applicant will be responsible for returning the bank to its natural condition as well as planting additional landscape materials to enhance the site. See State Lands permit. 2. The structures are appropriately sited and designed to ensure structural stability Comment: No structure are proposed. 3. Where natural vegetation has been removed due to land form alteration or development,the area not covered... -page 2- Sensitive Lands Review Pascuzzi property Comment: As mentioned in#2 above,additional landscape materials will be planted. D. Within Drainageways 1. The extent and nature of the proposed land form alteration or development will not create site disturbances Comment: The alterations proposed are temporary in nature and will only last as long as the construction period. 2. The proposed land form alteration of development will not result in erosion, stream sedimentation Comment: The Pacific Habitat Wetland Delineation and Mitigation Plan contains construction techniques to minimize impacts of the construction. These include such provisions as the storage of excavated materials,use of silt barriers and clay plugs to control groundwater will be utilized. 3. The water flow capacity of the drainageway is not decreased Comment: Again,there will be a temporary impact during construction. When completed,the entire project will be underground with no impacts on water flow. 4. Where natural vegetation has been removed due to land forma alteration or development,the area not covered by Comment: There is a mitigation program contained Pacific Habitat report and its implementation is a condition of already obtained permits. See Figure 9 in that report. 5. The drainageway will be replaced by a public facility of adequate size to accommodate Comment: Not applicable to this proposal. No public facility is involved. 6. The US Army Corps Of Engineers and the State of Oregon Land Board, Division of State lands approvals shall be obtained Comment: All of these permits have been obtained and are attached to this application. 7. Where land form alterations and/or development are allowed within or adjacent to the floodplain -page 3- Sensitive Lands Review Pascltz71 property Comment: No dedication is proposed. As stated above,the sewer line construction parallels SW North Dakota Street. E. Within Wetlands 1. The proposed land form alteration or development is neither a on a wetland in an area designated as a significant... Comment: The site is not designated as a significant wetland on the Comprehensive Plan. 2. The extent and nature of the proposed land form or alteration will not create a site disturbance Comment: The proposed sewer line construction will involve only a temporary alteration and a mitigation plan is in place to restore the disturbed areas. 3. Any encroachment or change in on-site or off- site drainage Comment: The proposed sewer line construction will involve only a temporary alteration and a mitigation plan is in place to restore the disturbed areas 4. Where natural vegetation has been removed due to land form alteration or development Comment: A replanting program is part of the mitigation Plan. Additionally,no impervious surfaces are being created. The entire sewer project,when completed, will be entirely underground. 5. All other sensitive land requirements Of this chapter have been met.... Comment: All other requirements of this chapter have been addressed above and/or are contained in the reports,drawings and permits attached hereto. 6. The provisions of Chapter 18.790, Tree Removal,have been met. Comment:No trees are being removed. Additional trees will be planted. 7. Physical Limitations and Natural Hazards,Floodplains and Wetlands, Natural Areas, and Parks Recreations and Open Space policies of the Comprehensive Plan Have been satisfied.. Comment: The current sewer line is connected to an older septic system with a drain field which is near the Creek. The proposed sanitary sewer will bypass the septic system and connect the property to a public sewer. -page 4- Sensitive Lands Review Pascuzzi property There is great public benefit in such a proposal in that the wetlands, open spaces and natural areas will be protected against a possible failure of the old septic system. Chapter 18.797—Water Resources Section 18.797.080 Development Standards A. Alternatives considered Comment: The proposed private sewer line will connect to a 36" USA sewer located along the west side of Fanno Creek. Connecting to this line as proposed will allow for a gravity flow. It is the closet sewer available. The alternative is to continue to use the old septic system. B. Minimize siting impacts Comment: The reports and other agency permits together with their conditions and recommendations will minimize siting impacts. These impacts will be temporary in nature and will last only for the duration of the construction period. C. Construction materials ands methods Comment: The mitigation plan accompanying this submittal discusses and recommends specific construction techniques. D. Minimize flood damage Comment:No structures are involved in this proposal. It is for an underground sewer line. E. Avoid Steep slopes Comment: It is necessary to cross Fanno Creek to get to the public sewer. The areas of excavation will be back filled and the mitigation plan calls for replanting to enhance the disturbed area. F. Minimize impacts on existing vegetation Comment: It is necessary to cross Fanno Creek to get to the public sewer. The areas of excavation will be back filled and the mitigation plan calls for replanting to enhance the disturbed area. G. Vegetation mitigation plan Comment: The mitigation plan attached specifies specific plant materials for use in re-vegetation and enhancement of the disturbed areas. H. Water and sewer infiltration and discharge Comment: The design and construction techniques involved the use of clay plugs, -page 5- Sensitive Lands Review Pascuzzi property bales and controlled storage of the excavated materials all aimed at protecting adverse impacts of the wetlands area. I. On-site systems Comment: The proposal calls for the discontinuance of an existing septic system. J. Erosion control Comment: Erosion control techniques are specified in the Pacific Habitat report and are attached as conditions to the permits already received. K. Plan implementation Comment: This application contains erosion control and re-vegetation plan for the city's consideration. It has been accepted and attached as conditions to the approval of the other agency permits L. Type III conditional uses Comment: 1. The proposal call for the construction of a private sewer line that will need to cross Fanno Creek in order to tie into an existing City Sewer system. There will be a temporary disturbance in the resource area during the construction period. By incorporating the recommendation and conditions included with the Pacific Habitat report and the permits of the other governing agencies,the end result will be no loss in the resource area values. 2. The Pacific Habitat report contains a detailed mitigation plan and its recommendations are incorporated into the development plans for the sewer line extension. Conclusion: The above listed approval criteria have been satisfactorily addressed. With the conditions recommended in the Pacific Habitat Report attached to the city's approval,the proposed sewer extension can be accomplished with minimal disruption to the wetlands area. SHV/me July 1, 1999 -Page 6- 11:51 r f :I F I N 7=T SEP - 5844034 NO.144 P01 FM/— Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, Oregon 97070 Telephone number: (503) 570-0800 Fax number: (503) 570-0855 • Transmittal Date: May 5, 1999 To: Pasquale Pascuzzi FAX Number: (503) 684-4034 From: Caroline Rim Re: Proposed sanitary sewer improvement on Tax Lots 200, 3300 and 3400 in Tigard, Oregon PHS project number: 8-1754 Number of pages (including cover page): 3 Pasquale: You should have received your permit from the US Army Corps of Engineers (COE) by now. Just a reminder, your in-water work period is July 1 - September 30, not June 1 - September 30, whici, ....' .....,.1 etly stated in the permit application. Also, your engineers, construction crew, and anyone else working on this project should be aware of the conditions of the permits issued by the COE and the Oregon Division of State Lands (DSL). It's been a pleasure working with vc u on this project. Caroline D5,'DS, as 11: 1 Pti:IF IC ' i TAT _,ER 6S44O34 N0.144 DO PROPOSED PROJECT PURPOSE& DESCRIPTION • project Purpose and Need: The current sewer line is connected to an older septic system with a drain field which is located south of Fanno Creek. The proposed sanitary sewer line will connect to a public sewer system instead of a drain field, and therefore, be an improvement over the older septic system. Project D --' - The proposed sanitary sewer line will be located approximately 20 feet south of the edge of SW North Dakota Street, and will parallel the street for approximately 240 linear feet. An 8-inch diameter pipe will connect to an existing 36-inch main at the western end of the proposed route, then continue to the east, where it will cross Fenno Creek one time. The sewer alignment along the creek crossing at the eastern end of the route will consist of utilizing cofferdams.A two to two and a half-foot wide trench will be excavated to a depth of approximately eleven feet(three feet below the existing creek bottom), for a length of approximately forty-five feet from the west side of the creek to the east side. All In-water work will be conducted during the Oregon Department of Fish and Wildlife's recommended in-water w -September 30). The remaining sewer alignment to the west of the creak crossing, wi cons+s o a two o o an half-foot wide by twelve and a half-foot deep trench. u i How many pro wing sheets are included with this application? 7 NOTE: A complete application must Include drawings and a location map submitted on separate 8 1/2 x 11 sheets Will any material,construction debris, runoff, etc. enter a wetland or waterway? O Yes • No If yes, described the type of discharge and show the discharge location on the site plan. Estimated Start Date March 1, 1999 Estimated Completion Data October 31, 1999 PROJECT IMPACTS AND ALTERNATIVES Describe alternative sites and project designs that were considered to avoid impacts to the waterway or wetland. SEE ATTACHED SHEET Described what measures you will use (before and after construction) to minimize impacts to the waterway or wetland. SEE ATTACHED SHEET NOTE: If necessary, use additional sheets. ADDITIONAL INFORMATION Adjoining Property Owners and Their Addresses and Phone Numbers City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 (503)639-4171 Has the proposed activity or any related activity received the attention of the Corps of Engineers or the State or Oregon in the past. e.g.wetland delineation, violation, permit, lease request, etc.? 0 Yes • No If yes,what itici,�, .,,, number(s)were assigned by the respective agencies: Corps # Stale of Oregon # _ 05/05:99 11:51 F. I F I!_ l Tr T SEP r 44034 NO.14-1 P03 • IMPLEM . ATION CONDITIONS lirr* Case No: 99-132 The folio' ollowing conditions specifically address requirements which must be met during the permittee's implementation of the authorized work. 1. Work Period. All tit-water work shall occur between ' ' 1 and Se tember 30 in accordance with Oregon Department of Fish ancr 7177177.7:commended in-water work pen o . 2. Agency Access. Permitter must provide access to the work site to representatives of the Corps of Engineers, DEQ,DLCD(for projects in the coastal zone), and ODFW during all hours of construction or operation. 3. Equipment. Heavy equipment shall not be operated in the active flowing waterway unless specifically authorized. Use of heavy equipment in waters may be authorized if necessary in the interest of safety or due to site conditions prohibiting certain work from the bank. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance 4. Erosion and Siltation Controls. Appropnate erosion and siltation controls(such as hydroseeding, filter bags. organic or fabric soil detention systems, leave strips,berms,et.c.) must be used and maintained in effective operating condition during construction to protect all exposed soil, stock piles and fills from erosion. These features, as well utdinary high water mark or high tide line, must also be permanently stabilized at the earliest practicable date. Materials shall not be placed on unstable slopes, and stockpiles shall not exceed 25 feet in height. 5. Disturbed Area Protection. Construction access roads and associated staging areas shall be protected with a gravel blanket or other suitable material to protect against erosion of sediments into waterways and wetlands. 6. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g.,trash, debris,car bodies, asphalt, etc.,)and must be free from toxic pollutants in toxic amounts. 7. Pollutants. Petroleum products,chemicals, fresh cement,construction,or deleterious waste materials shall not be allowed to enter waters or wetlands. Special attention shall he given to preventing sandblasted material and chipped paint from entering the water. Machinery refueling is to occur off site or in a confined,designated area to prevent spillage into waterways and wetland 8. Vegetation. Vegetation, not designated for removal or modification in the authorization,shall be protected from disturbance to the maximum extent possible and restored with native plant species when damaged or disturbed. The standard for success is 80 percent cover with native plant species that replace the habitat type lost or damaged, 9. Wetlands. Wetlands adjacent to work areas shalt be clearly flagged,or otherwise appropriately identified, to prevent damage or loss of that resource. Damaged areas shall be restored to pre-work conditions. 10. Endangered Species. Consultation regarding the Upper Willamette Winter Steelhead(Oncorhynchus mykiss) has (see attached NNIFS dated April 22, 1999). If at any time during the conduct of the work authorized, the permittee becomes aware that any other Federally listed threatened or endangered species or a species proposed for such designation (as identified under the Federal Endangered Species Act)or the habitat of such species may be affected, the pennittee must immediately cease activities, notify the Corps of Engineers and not re-initiate activities until approved by the Corps of Engineers. 11. Cultural Resources & Burials. If at any time during the conduct of the work authorized,the permittee becomes aware that human burials,cultural resources or historic properties(as identified under Federal historic preservation laws)be affected, the permitter must immediately cease activities, notify the Corps of Engineers and not re-initiate activities until approved by the Corps of Engineers. Kt('.L 4 03/12/99 14:28 PACIFI• 1BITAT SER 4 6844034 NO.811 [ 01 1 �` Pacific Habitat Services, Inc. 9450 SW Commerce Circle,Suite 180 Wilsonville, Oregon 97070 Telephone number: (503) 570-0800 Fax number: (503) 570-0855 Transmittal Date: March 12, 1999 To: Pasquale Pascuzzi FAX Number: (503) 684-4034 From: Caroline Rim Re: Proposed sewer line route along SW North Dakota Street in Tigard, Oregon. Number of pages (including cover page): 4 Pasquale: Jan Stuart, who is with the Regulatory Branch of the U.S. Army Corps of Engineers (COE), reviewed the wetland delineation report and permit application for the proposed sanitary sewer line project on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon. After which, she had a few questions and recommendations regarding the proposed project. Attached is a copy of my response to Jan's concerns. In addition, the estimated cost of the additional plants shown in item 1. of page one of the February 22, 1999 fax to Jan Stuart, is approximately $3.00 each (wholesale). Also, in reference to the letter from the COE to the National Marine Fisheries Service, I will contact you as soon as I hear ar,r'-ine. Please call if you have any questions. • • 03/12799 14:28 FHCIFI .AEITAT SER - 6844034 NO.811 902 , 7 Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, Oregon 97070 Telephone number: (503) 570-0800 Fax number: (503) 570-0855 Transmittal Date: February 22, 1999 To: Jan Stuart, PhD FAX Number: (503) 808-4375 U.S. Army Corps of Engineers No. of pages (including cover page): 3 From: Caroline Rim Re: Proposed sanitary sewer line project on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (T1S, R1W, Sections 34, 35); U.S. Army Corps of Engineers permit application I.D. No. 99-132. PHS Project No.: 8-1754 Jan: In regard to the proposed Pascuzzi sanitary sewer line project in Tigard, Washington County, Oregt_. ,! RI W, Sections 34, 35, Tax Lots 200, 3300, 3400), the following includes information addressine the issues which we discussed during our telephone conversation on February, 11, 1999: 1. Additional tree and shrub species to be planted within the proposed enhancement area (Figure 9), along the north side of Fanno Creek include twelve Oregon ash, six Pacific ninebark, six Pacific willow, and six Sitka willow; 2_ The sewer line will consist of an 8-inch diameter PVC pipe, except at the creek crossing, where ductal iron will be used, as per Unified Sewerage Agency specifications; 3. Cofferdams will be in place for approximately one to two days maximum. During trench excavation within the stream channel, water entering the french will be pumped into the stream on the downstream side of the dam. The cofferdams and pump will be in use only during low flow periods and nonstorm events. Work within the stream channel will only take place during the in-water work period (July 1-September 30) recommended by the Oregon Department of Fish and Wildlife, In addition, an 8-inch diameter PVC pipe will 03/12/99 14:28 F'ACIFI( .BITAT SER a 6844034 NO.811 P83 cross through the upper portions of the cofferdams, and in the event that water levels should rise above the height of the dams, the pipe will allow for fish passage from the upstream to the down stream sides of the dams. I hope this information helps clarify any questions which you may have had regarding this project. ricese call me if you have any other questions or need further clarification. c,I .^ w . . kD . / ��r \. -:-----------------1— . � is Bdge - __--_ - , - -- _� Dakota _ f-- SW North __ • ______ / .. s•L'' i cop., �--— l I li\_,------ ---�miss~Fe,terr 1 r1 r�'JI'' 4 Ci' IIUCf311i.11 �„ ..` r- ;' _•%s_ *VS"_` - �r.�►t' ". p ,IIV.a)�! ;��tU'P.P f lS° it 4`r►.Ili• • `;•_,i V,I f}3441p1: I,I,•^ _ — CI �,�,���,..`� // Fence ° / r ra � �,,�,� , — J to xl Tax Lot 200 1 m sk f co Tax Lot 3400 ea Tax Lot 3300 Trees and Shrubs Botanical Name Cammoo Name Size Quaotitie Berbera:agug-ofiLm OrrVDlimpe 18-24- 6 • Comassrolongera Red-osier dogwood 18-24" 12 Proxima lalrfolia Oregon ash 24-36" 12 . Physocwrpus capiralru Pacific ninebark I8-24" 6 Rosa pirocarpo Clustered rose 18-24" 12 Saks/atiandra Pacific willow 12-18" 6 ■ Proposed sewer line route Saks srrchnnsrs Sitka willow 12-18" 6 Potentially Jurisdictional%ler9 of the t t ....... , . ... TOTAL I t\N 60 State boundary Potentially Jurisdictional wetland Mr. °�' Proposed Enhancement (.02 Aare) t — SCALE i6 FEET DAZE: 12/22/98 8-1 754' . z 0 Figure 9. Proposed enhancement area fora proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, r Washington County,Oregon(base map provided by Harris-McMonagle Associates, Inc., 1998). • Pacific Habitat Services, Inc. PHS ,-- I a 1 WthIaid De ) ,'riea+iv1 avid N114+11 a+,o11 Flan Wetland Delineation and Mitigation Plan for a Proposed Sewer Line Route in Tigard, Oregon Prepared for Pasquale Pascu77.i 10250 SW North Dakota Street Tigard, Oregon 97223 Prepared by • Caroline Rim Julie Fukuda John van Staveren Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, Oregon 97070 (503) 570-0800 (503) 570-0855 FAX PHS Project Number: 8-1754 to January 8, 1999 I I I 1 - TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 t 2.0 WETLAND AND WATERS OF THE STATE DEFINITION AND CRITERIA1 2.1 Regulatory Jurisdiction 1 2.2 Waters of the State and Wetland Definition 1 2.3 Wetland Criteria 2 2.3.1 Wetland Hydrology 2 2.3.2 Wetland Substrate (Soils) 2 2.3.3 Wetland Biota(Vegetation) 3 `? 3.0 PROJECT METHODOLOGY 3 3.1 Off-Site Research 3 3.2 Wetland Delineation Field Methodology 4 4.0 WETLAND CRITERIA DISCUSSION 4 4.1 Topography 4 is 4.2 Hydrology 4 4.3 Soils 5 4.4 Vegetation 5 5.0 WATERS OF THE STATE AND WETLAND DISCUSSION AND CONCLUSIONS 6 5.1 National Wetlands Inventory 6 5.2 Waters of the State and Wetland Conclusions 6 6.0 PROJECT DESCRIPTION 7 6.1 Proposed Sanitary Sewer Alignment 7 6.2 Proposed Wetland Impacts 7 7.0 WETLAND MITIGATION AND RESTORATION 8 7.1 Proposed Wetland Mitigation 8 8.0 PROJECT SUMMARY 8 9.0 REFERENCES 10 APPENDIX A: Wetland Determination Data Forms I 1.0 INTRODUCTION Pacific Habitat Services, Inc. (PHS) conducted a wetland determination and delineation on the site of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Township 1 South, Range 1 West, Sections 34 and 35). The site is located north of SW Tigard Street, south of SW North Dakota Street, and west of SW Greenburg Road. The generalized location is shown in Figure 1. The proposed route runs west to east for approximately 240 linear feet,parallel to the southern edge of SW North Dakota Street. Fanno Creek is located south of the proposed route. The sewer line will cross the creek one time at the eastern end of the route. This report presents the definitions and the methodology used to determine the location and extent of wetland along the proposed route, followed by a discussion of site characteristics as they pertain to the three required wetland criteria. Also included are the proposed sewer line alignment, proposed impacts to wetland and waters of the state, and mitigation and restoration to compensate for the proposed impacts. The wetland delineation was conducted on November 24, 1998. 2.0 WATERS OF THE STATE AND WETLAND DEFINITION AND CRITERIA 2.1 Regulatory Jurisdiction Wetlands and water resources in Oregon are regulated by the Oregon Division of State Lands (DSL) under the Removal-Fill Law (ORS 196.800-196.990) and by the US Army Corps of Engineers (COE)through Section 404 of the Clean Water Act. The primary source document for wetland delineations within Oregon is the Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1 (Environmental Laboratory 1987)which is recognized by both DSL and COE. 2.2 Waters of the State and Wetland Definition } Waters of the state are defined as"natural waterways including all tidal and nontidal bays, intermittent streams, constantly flowing streams, lakes, wetlands and other bodies of water in this state, navigable and nonnavigable...". "Natural waterways" is further defined as waterways created naturally by geological and hydrological processes, waterways that would be natural but for human-caused disturbances (e.g. channelized or culverted streams, impounded waters, partially drained wetlands or ponds created in wetlands)..."(DSL, 1995). 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Location and general topography of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (U.S.G.S., Beaverton, I , OR, 7.5 minute quadrangle, 1961 photorevised 1984). I A wetland is defined as"those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions" (DSL, 1995). 2.3 Wetland Criteria Based on the above definition, three major factors characterize a wetland: hydrology, substrate, and biota. 2.3.1 Wetland Hydrology Wetland hydrology is related to duration of saturation, frequency of saturation, and critical depth of saturation. The 1987 manual defines wetland hydrology as inundation or saturation within a major portion of the root zone (usually above 12 inches), typically for at least 12.5% of the growing season. The wetland hydrology criterion can be met, however, if saturation within the major portion of the root zone is present for only 5% of the growing season, depending on other evidence. 1 The growing season is defined as the portion of the year when soil temperatures at 19.7 inches below the soil surface are higher than biological zero (41 degrees Fahrenheit, 5 degrees Celsius), but also allows approximation from frost free days, based on air temperature. The growing season for any given site or location is determined from United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) (formerly USDA, Soil Conservation Service (SCS)) data and information. li Wetland hydrologic indicators include the following: visual observation of inundation or 7 saturation, watermarks, drift lines, sediment deposits, drainage pattern, and/or oxidized rhizospheres with living roots. Oxidized rhizospheres are defined as yellowish-red zones around the roots and rhizomes of some plants which grow in frequently saturated soils. 2.3.2 Wetland Substrate (Soils) Most wetlands are characterized by hydric soils. Hydric soils are those that are ponded, flooded, or saturated for long enough during the growing season to develop anaerobic conditions. Periodic saturation of soils causes alternation of reduced and oxidized conditions which leads to the formation of redoximorphic features (gleying and mottling). Mineral hydric soils will be either gleyed or will have bright mottles and/or low matrix chroma. The redoximorphic feature known as gley is a result of greatly reduced soil conditions which result in a characteristic grayish, bluish or greenish soil color. The term mottling is used to describe areas of contrasting color within a soil matrix. The soil matrix is the portion of the soil layer that has the predominant color. Soils which have brightly colored mottles and a low matrix chroma are indicative of a fluctuating water table. 1 Pacific Habitat Services, Inc. -2 - '1 Hydric soil indicators include: organic content of greater than 50% by volume, sulfidic material or"rotten egg" odor, and/or presence of redoximorphic features and dark soil matrix, as determined by the use of a Munsell Soil Color Chart. This chart establishes the chroma, value and hue of soils based on comparison with color chips. Mineral hydric soils usually have a matrix chroma of 2 or less in mottled soils, or a matrix chroma of 1 or less in unmottled soils. 2.3.3 Wetland Biota (Vegetation) tl • Wetland biota is defined as hydrophytic vegetation. A hydrophyte is a plant species that is capable of growing in substrates that are periodically deficient in oxygen as a result of saturated soil conditions. The US Fish and Wildlife Service, in the National List of Plant Species that Occur in Wetlands, has established five basic groups of vegetation based on their frequency of occurrence in wetlands. These categories, referred to as the "wetland indicator status", are as follows: obligate wetland plants (OBL), facultative wetland (FACW), facultative (FAC), facultative upland (FACU), and obligate upland (UPL). Indicator Code Status } OBL Obligate wetland. Estimated to occur almost exclusively in wetlands (>99%) ..I FACW Facultative wetland. Estimated to occur 67-99% of the time in wetlands. i.j FAC Facultative. Occur equally in wetlands and non-wetlands (34-66%). FACU Facultative upland. Usually occur in non-wetlands (67-99%). UPL Obligate upland. Estimated to occur almost exclusively in non-wetlands (>99%). If a species is not assigned to one of the four groups described above it is assumed to be obligate upland. 11 NI Has not yet received a wetland indicator status, but is probably not obligate upland. 3.0 PROJECT METHODOLOGY 3.1 Off-Site Research Prior to beginning field work, available information was reviewed in order to ascertain where potential wetland/waters of the state may exist on-site, and to facilitate the gathering of data. This review included the USGS topographic quadrangle,the Soil Conservation Service soil series maps, the list of Oregon hydric soils by County, the US Fish and Wildlife Service (USFWS)National Wetlands Inventory(NWI) map, and the Local Wetlands Inventory (LWI) map for the site. Pacific Habitat Services, Inc. - 3 - 3.2 Wetland Delineation Field Methodology Observations of hydrology, soils, and vegetation, were made using the "Routine On-site" delineation method as defined in the 1987 manual. One-foot diameter soil pits were excavated up to a depth of 18 inches in selected locations. The soil profiles were examined for hydric soil and wetland hydrology field indicators. In addition, a visual percent-cover estimate of the dominant species of the plant community was performed using soil pit locations as a center of reference. Dominant plant species are based on estimates of percent cover for herbaceous, woody vine, and shrub species within a 5 -- foot radius of the sample point, and basal area cover for tree species within a 30 foot radius of the sample point. Plant species in each vegetative layer which are estimated at less than 20% are not considered to be dominant. The wetland indicator status is then used to determine if there is an overall dominance (greater than 50%) of wetland or upland plant species. Data documenting the three criteria for the representative sample locations are recorded in the field. This information is subsequently transferred to standard wetland delineation data sheets, which are included in Appendix A. In addition to the sample points, numerous other soil pits were excavated between the data points to verify changes in the three criteria. 4.0 WETLAND CRITERIA DISCUSSION 4.1 Topography {.1 The proposed sewer line route parallels the southern edge of SW North Dakota Street. South of the proposed route, the relatively level ground transitions into the northern bank of Fanno Creek. The channelized creek flows west then south. The elevation along the pipeline route is IL approximately 155 feet National Geodetic Vertical Datum (NGVD). 4.2 Hydrology The study area lies within the Fanno Creek floodplain. Most of the site is hydrologically (' influenced by direct precipitation and stormwater runoff from surrounding development. The western end of the site is slightly lower in elevation and subject to groundwater fluctuations associated with Fanno Creek. The hydrology criterion for jurisdictional wetland was satisfied at the western end of the proposed route by the presence of shallow water tables, soils saturated to the surface, active oxidized rhizospheres, evidence of ponding, and wetland drainage patterns. I I Pacific Habitat Services, Inc. -4 - } 4.3 Soils • The U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS) (formerly, Soil Conservation Service (SCS)) has mapped the site as having Cove silty clay loam (map unit 13), and Wapato silty clay loam (map unit 43). Both of these soils are considered to be hydric by the NRCS (SCS, 1989) (Figure 2). Cove soils consist of poorly drained soils that formed in recent clayey alluvium on floodplains. In a representative profile, the surface layer is very dark gray, mottled silty clay loam about 8 inches thick. The subsoil is very dark gray, gleyed and mottled clay about 32 inches thick. The substratum is very dark gray clay that extends to a depth of 60 inches or more. Permeability is very slow. This soil is classified as afine, montmorillonitic, mesic Vertic Haplaquoll. The Wapato series consists of poorly drained soils that formed in recent alluvium on floodplains. In a typical profile, the surface layer is very dark grayish-brown silty clay loam about 14 inches thick. The subsoil is dark grayish-brown silty clay loam about 28 inches thick. Permeability is moderately slow. This soil is classified as afine-silty, mixed, mesic Fluvaquentic Haplaquoll. } Most of the soils along the proposed sewer line route were quite disturbed due to the close proximity to SW North Dakota Street. Soils observed on the site ranged in color from dark grayish-brown (10YR 4/2) and very dark grayish-brown (10YR 3/2), to dark gray (10YR 4/1), with textures of silt loam, silty clay, and silty clay loam. The hydric soils criterion was satisfied along the western end of the proposed route, and at the southeastern bend of the creek by the presence of low chroma soils, both with and without T! mottles. 4.4 Vegetation Site vegetation is very degraded and primarily consists of weedy herbaceous species and Himalayan blackberry (Rubus discolor, FACU)thickets. Dominant species within the corridor between SW North Dakota Street and Fanno Creek include orchard grass (Dactylis glomerata, FACU), tall fescue (Festuca arundinacea, FAC-), dovefoot geranium (Geranium molle, UPL), catchweed bedstraw(Galium aparine, FACU), colonial bentgrass (Agrostis tenuis, FAC), common velvet grass(Holcus lanatus, FAC), Queen Anne's lace (Daucus carota, UPL), creeping thistle (Cirsium arvense, FACU+), Italian ryegrass (Lolium multiflorum, UPL), wheatgrass (Agropyron sp., FACU), reed canarygrass (Phalaris arundinacea, FACW), and common dandelion(Taraxacum off rcinale, FACU). A couple of isolated shrubs including beaked hazelnut (Corylus cornuta, FACU) and red-osier dogwood (Cornus stolonifera, FACW) exist near the very western end of the route, along the fill slope of SW North Dakota Street. I Pacific Habitat Services, Inc. - 5- .1 • , ' PEIS ii ,...5""' Pacific Habitat Services, Inc. II ' il .,__} t-1 , , ,,.t,t /1 i !.r-di _ ,.,•,...„.., ._ . ., . .:,•,..: . Soil Map Units - - Ig..•1101;-...: - ..."..4.7.--...-':',-5...• ii!.- ...... ....-N•zw.":' _.ic'1- ■. 4- •V 14‘`? -. 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Iiivo 4, g,t•, ;,...; , ,...., . ,..0, .,1•40•■••••:•%214. 44.• ...•Yr-•-••j•••-•••• •••• •• • • .• 4,r;",..r" .4. • • ."'. --,--• • •g• ; t. - :'„ •.• ,._- i •••„:, a .•So..•t.."'t' - -1.. ..'' .• r-1-'• • • '' . " .. , *.-,• '■ _,. % 1 •:.w-6 • ■ -. •, _ . 1 12/31/98 8-] 74 I Figure 2. Soil series for a proposed sanitary sewer line on Tax Lots 200. 3300 and 3400 in Tigard, Washington County. Oregon (U.S.D.A.. S.C.S., Washington County, I , 1982). I The hydrophytic vegetation criterion was satisfied in the western end of the site by the presence of a dominance of wetland plant species (plants with a wetland indicator status of FAC, FAC+, FACW-, FACW, FACW+, or OBL). 5.0 WATERS OF THE STATE AND WETLAND DISCUSSION AND CONCLUSIONS 5.1 National and Local Wetlands Inventory The US Fish and Wildlife Service, as part of the National Wetlands Inventory (NWI) program, has mapped palustrine emergent, persistent, saturated, semipermanent, seasonal (PEMI Y) wetland within the project area(Figure 3). The NWI maps are generated primarily on the basis of interpretation of color infrared aerial photographs (scale of 1:58,000), with limited "ground truthing" to confirm the interpretations. The City of Tigard's Local Wetlands Inventory (LWI) has mapped wetland associated with Fanno Creek within the study area(Figure 4). PHS has identified a wetland area within the western portion of the site, which is consistent with the NWI and LWI mappings. 5.2 Waters of the State and Wetland Conclusions Based on an investigation of the three required wetland criteria(wetland hydrology, hydric soils, and a dominance of hydrophytic vegetation), PHS has identified an area of potentially jurisdictional wetland along the western end of the proposed sewer line route. This wetland extends to the west and south, beyond the study area. r. In addition to the wetland, we also identified potentially jurisdictional waters of the state (Fanno Creek) south of and at the eastern end of the proposed sewer line route. Figure 5 ;: shows the locations of potentially jurisdictional wetland, waters of the state, the proposed sewer line, and sample sites within the project area. This delineation does not become jurisdictional until DSL and COE review and approve our assessment. I I Pacific Habitat Services, Inc. .1 • . 'PHS Pacific Habitat Services,Inc. .a �''��. �. �� ' •; •�= adl aa` �;,.; '\•t- t.:..: .,fit �- •.. 1 F f�Gb(Wi ,� eel= 14544...4; ' ; j if r. o .! ,3 C3 - , a "— .•�� �.� _� ;U‘ "*-4/ �� Y i :�- I Ili �I: '-` Gam; ;�; �<< ' Ij rte- • •• ,:.r:. � , .- _ mot_ \ I �.• i ---.: ---'6, . , ; • ■,L-Pli) A.! c 4..,.)ii.'--.-z-Z4• •�••, •;(7- 1/r � 7`r el‘ i^ w r• ','u54 " ..-:k•! ipiltf- ,., ,,a,..11. , . „Q.?;.----A-r. .-,,t,:-.--- 1‘ t.11//- : ; : liar -•••,-,, '"' ' 1 r` r J. . 'g, r- ::::: p fir... :.. :t 1 t. ..''.b. / • (1,,i)!le" OP4'""t- 4 *-444.fr ,_/.' , • --1 - -, ,'-r.:•&:::—e-c....to • • ' .,-. ,,,,F2' -. ..YP, -- - ;./ 1 . -_,,,,-;i: ,'...:••• •-..-.7,. .1-.•-.)-1.. (... .::).....,-.• ),,......,:;,.......1.49z....t.h.v i;t ,..:•••:,cs‘ N.,d/ . ; ,,.... ,.. - 171' : •I-...: .::' fil-111130 4V-:. ./•". e‘. ' • #:;" 7''''.:.'°'-':;--7.7t'Isi:.;I*: •• .4' / :;' ".•/ /4 r 1.,1.4F7-' ' " '' . :;�• t ' �; ,........101114 v�� •••/) c`r 'l7 '45:". T� ^/ 'rya; • - 71Li, i , /,.," 1 / 1 ,:i'" :y .*. .`_-: --— -.e 1. v • } , •..:„....,„,,._ . ._ .,„,, ., ,..0,if .:_.;/..77),-\ ) ,, ' J.- =..,. - , i 4..c\ .-..._.•...4.--..- ...) ....01, lic...V.C.Ft •:...• . . .!...."1,..?„,'Ip h4_,,,„_ 11 1".,...11� ! ..) li'i �� "►- \ ,� \JJ,'/1i,-;,f----•:... :; ti._1 y T •'�'-•••+"ti '`1-•,1 "• : -- --/-,--:\�1-7) ,. .„ ,�.r%i'— 4. ••17:1,'• a , Fx vri JA', .Aril + Ai- .-"i 12/31/98 • 8-1754 , JFigure 3. National Wetlands Inventory information for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon i (U.S.F.W.S.,1981). I 1 i PHS Pacific Habitat Services,Inc. i P5P\____/— 09 011, \ fie /------------ ..----------- . OATIA0****.%. . ‘ 2 ■ - .. Ir. 0 ; *flar■le ,1 � vy ••\ �i■I111■■■:l:•• • 1, 1 _4t* '. 1111111111111111PrOt .404i....2-it* I rdittli.■ t°, 7.-. 7.,4-"etri:,1' rif-4)L13-2-'":0"�■ � "� �/�rm� �.;rte��� .°, v;•=:., lik 111.1116■4:AM- ll/t X111 :.:4-1 1110 MEW MN ■.sl. 11 %11•∎ma �• I .,. ` r '�i■II■■iou■w 4110 nolo s:NO ���rr. ` will Om ■ii■rr■rrr►:ag•w iii- magill i l.al► III dal - y� ■�' ■ ''II ill ;iti� .si,, FIglf V. 111 iirs ■CITY OF TIGARD ` , ' ' MI 1< Wetlands Inventory I _ f " .�Unit 3 !' ,� _,t` i`•'.5,+' Identified Wetlands .,,�� ...t, f:• ,..a:• >- .Nom r� ■i �� Em��= ii .A 4 TnGAFiD • E7 ''"- Streams :.1;,t Ml ! _ Public Land survey 4r�'F^�rI 33 34 Section IDs �••∎* i ".../- Resource Unit Boundary ° s. - y AI Sample Plot Location ,� ,ag Amm 'k0"„' A 12/31/98 8-1754 IFigure 4. Local Wetlands Inventory information for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Fishman IEnvironmental Services, 1995). i — - - /— — ---- — _ �— _ _ _ _ — r---------7-1_ _ Dakota Street — Existing Bridge ee _ _ _ — �-- - - - S.w, NorthDa— k� _ �— — — . --- -- - r S t�, fr y 1*,*IV". Wi�&TON A ` so \ 5 , 4��4+4ir4a**7- Fanno -- ,`4`4`i0� , Tax Lot 200 N l Tax Lot 3400 Tax Lot 3300 Proposed sewer line route Potentially Jurisdictional Waters of the — . 1 — s • — State boundary Z LTV o is 90 Potentially Jurisdictional Wetland � i Sample Point 3 SCALE in FEET DATE: 12/31/98 8-1754 Figure 5. Locations of potentially jurisdictional wetland, waters of the state, and sample points along a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon(base map provided by Harris-McMonagle Associates, Inc., 1998). PHS Pacific Habitat Services, Inc. 5-- l 6.0 PROJECT DESCRIPTION 6.1 Proposed Sanitary Sewer Alignment The proposed sanitary sewer line will be located approximately 20 feet south of the edge of SW North Dakota Street, and will parallel the street for approximately 240 linear feet. An 8- inch diameter pipe will connect to an existing 36-inch main at the western end of the proposed route, then continue to the east, where it will cross Fanno Creek one time. The sewer alignment along the creek crossing at the eastern end of the route will consist of utilizing cofferdams. A two to two and a half-foot wide trench will be excavated to a depth of approximately eleven feet (three feet below the existing creek bottom), for a length of approximately forty-five feet from the west side of the creek to the east side. All in-water work will be conducted during the Oregon Department of Fish and Wildlife's recommended in-water work period (June 1 - September 30). The remaining sewer alignment to the west of the creek crossing, will consist of a two to two and a half-foot wide by twelve and a half-foot deep trench. Figure 5 shows the location of the proposed sewer line. Figures 6 and 7 illustrate a typical cross section of the sewer alignment, and a cross section of the creek crossing, respectively. The current sewer line is connected to an older septic system with a drain field which is located south of Fanno Creek. The proposed sanitary sewer line will connect to a public sewer system instead of a drain field, and therefore, be an improvement over the older septic system. 6.2 Proposed Wetland Impacts S` l= The proposed sewer line will temporarily impact approximately 0.01 acre of low quality wetland, dominated by pasture grasses, at the western end of the route, and approximately 0.03 acre of waters of the state, by crossing Fanno Creek at the eastern end of the route. No trees will be impacted by the proposed sewer line. The proposed impacts will be minimal, involving cut and fill procedures that will require restoration. Figure 8 shows the locations of the proposed impacts. These temporary impacts are unavoidable due to the location of the existing sewer hook-up points, and the narrow width of the available area constrained by the edge of SW North Dakota Street and the bank of Fanno Creek. The proposed sewer line makes use of existing sewer line trunks at the western and eastern ends of the route, which are connected to a public sewer system. In addition, the proposed sewer line satisfies the Unified Sewerage Agency's (USA) sanitary sewer alignment and uniform grading requirements. The pipe line was aligned to minimize impacts to wetlands and waterways, as well as provide the necessary gradient for the sewer line. I I Pacific Habitat Services,Inc. 0 -7- .1 AHS Pacific Habitat Services, Inc. CLASS "B " CLASS " A " • •t t suRFACE RESTORATION UoUFD ExCESS NATIVE MATERIAL AS SPECIFIED OVER TRENCH TO ALLOW FOR SETTLEMENT •N •M •r te.,•• 'Ic, \,• \ Aate, ' • , I •..• •_�uN0ISTUBBED '• • . • 2_ I$niBeeO EARTH p NATIVE EARTH Z 3/,• - 0 MATERIAL- �- • •• . 1. *•••‘i 11;• . •• E ! • ii j►1 `•1. : •▪ • • 3/1• -R CRUSHED , •1 ;'i i - . ' 1/2 PIPE 0.D. . 1• PLUS 6. * • • .•_ 0 0 0 °O• •••O c ` LII WI PE °' REDOING PI `••.0 • ..' • • 01 0 o 0 0 ,p . ••,. ` K °• a{j 1/2 PIPE 0.0. PLUS 4' MIN. FOR PIPE SMALLER THAN 10' In PIPE 0.D. PLUS t• WIN. FOR PIPE 10' AND LARGER 'T ii 0 i12/31/98 8-1754 IFigure 6. Typical cross section of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Harris-McMonagle Associates, Inc., 1998). I II= MIMI !O! reel ilt tv--"' r:-.:1 7-- ^.--.w4, Ili: 111 ' 1 1r 7 H ■ 1w 44 • t- j/ 1Y'tM�ll I y II ,d I 0P r tr / 1 no I f7,C p a u 1q III \\\ 1 ,,- ---� III tl ` V y r5 r■ ' 1 141 1Vl■1l r M 1 g O N ? g — b U ; J IM Approximate Scale Horizontal: 1 inch=60 feet 1a Vertical: 1 inch=6 feet 1a 12/31/98 . "°° "" 8-1754 ' "" �Pa cific Habitat Services,Inc. 0 ier"...)// Figure 7. Cross section of the creek crossing for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Harris-McMonagle Associates, Inc., 1998). OA. 1111110111 NOM wawa or.......A PL—:., G...,...:1 r 11...--",` r.,._...1 :....._ .i — — — .— g ___—�———— North Dakota Street _ ii-iiii_— Existing Bri e SW _ - _ ,win/11111711p rn . - -- -, - � `CfNl 4hj};p1((jl1 aNl(W:stwu.a�.o...., �^� , srtn d R }i'liRll naro,,. i%,t111i,'f1(1(i��p�ji■�!fi"i116f{�i0 ��1h��1�(in��i;(ifii!c Mt-n ______,_ , Iff 14 _ 0 • vs 444440# ;iz,� F n o C S 4 ,1 460i4"•0*''''-' ` \ I Tax Lot 200 Tax Lot 3400 Tax Lot 3300 Proposed sewer line route CI Potentially Jurisdictional Waters of the — • • State boundary Potentially Jurisdictional Wetland ?2 Proposed Wetland Impact (.01 acre) 5:11: 0 is 30 Minamimi Proposed Waters of the State Impact (.03 acre) DATE: 12/31/98 �••�'�'� SCALE in FEET 8-1754 Figure 8. Locations of proposed impacts to wetland and waters of the state for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon(base map provided by Harris-McMonagle Associates,Inc., 1998). Pacific Habitat Services, Inc. PHS 1 7.0 WETLAND MITIGATION AND RESTORATION During the sewer line construction, proper preservation, restoration and clean-up protocols will be followed. For example, the excavated material will be stored adjacent to the trench, the contractor will then replace topsoil (with a minimum finished depth of 12 inches) over all trenches. In addition, sufficient erosion control methods, such as silt barriers, will be • employed. Potential changes in the existing ground hydrology (i.e. dewatering) will be prevented by using clay plu s (barriers that are positioned along the pipeline) which will stop groundwater from flowing laterally along the pipe. Impact to the creek will be temporary, with restoration of streambed structure within the channel crossing. 7.1 Proposed Wetland Mitigation The wetland in the western end of the site is primarily composed of a mixture of pasture grasses, and therefore, restoration by soil replacement and reseeding to prevent erosion should be appropriate for this area. However, given the degraded condition of the vegetation — community within the project area, additional mitigation in the form of wetland/riparian enhancement will also take place. Enhancement will occur along the north side of Fanno Creek. This area lacks vegetative structure and is dominated by weedy herbaceous species and blackberry thickets. The blackberry thickets will be mechanically removed, and approximately 0.02 acre will be 11 planted with native shrubs. These plantings will add structure and provide increased wildlife habitat along the riparian area. The table below shows the shrubs to be planted. Figure 9 illustrates the proposed enhancement area. Botanical Name Common Name Size Quantity Berberis aquifolium Oregon grape 18-24" 6 11 Cornus stolonifera Red-osier dogwood 18-24" 12 Rosa pisocarpa Clustered rose 18-24" 12 11 Total 30 8.0 PROJECT SUMMARY • The proposed sanitary sewer line is located north of SW Tigard Street, south of SW North Dakota Street, and west of SW Greenburg Road, on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Township 1 South, Range 1 West, Sections 34 and 35). • The current sewer line is connected to an older septic system with a drain field which is located south of Fanno Creek. The proposed sanitary sewer line will connect to a public sewer system instead of a drain field, and therefore, be an improvement over the older septic system. Pacific Habitat Services, Inc. 8 8 NM t• 1111111M Il Illiiiia 5=4 14•-4.„e rww+.41 .T...w 1». _4, I-. .i •---.. — I —— _ _ - — Bridge — - t _ �— — –� Existing Brid North Dakota Stre . _ _S.W. — — — \_ . _ - - r ; TOM' \ - «����p�� �� 1��1���11 ln n ttmII 'kIHM31l1 „e. • u euom" y DSO♦ � ♦ � c� �� ,.--------- 1 44***OS �♦♦♦ 0♦ , 111Fann ° G \� 0� � �` ♦� iii ; m iuii nili8iilmu Tax Lot 200 i Tax Lot 3400 Tax Lot 3300 Shrubs Botanical Name Common Name Size Quantity Berberis aquifolium Oregon grape 18-24" 6 Cornus stolonifera Red-osier dogwood 18-24" 12 Rosa pisocarpa Clustered rose 18-24" 12 Total 30 Proposed sewer line route © I Potentially Jurisdictional Waters of the — 1 ' — . ' ■ State boundary Potentially Jurisdictional Wetland IVA 0 15 30 Proposed Enhancement (.02 acre) ?++k':';• SCALE in FEET DATE: 12/22/98 8-1754 . Figure 9. Proposed enhancement area for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon(base map provided by Harris-McMonagle Associates, Inc., 1998). Pacific Habitat Services, Inc. PHS • An area of potentially jurisdictional wetland is located along the western end of the proposed sewer line route. In addition,potentially jurisdictional waters of the state (Fanno Creek) is also located south of the alignment at the eastern end of the route. • The proposed sewer line will temporarily impact approximately 0.01 acre of low quality wetland, and approximately 0.03 acre of waters of the state. These temporary impacts are unavoidable due to the location of the existing sewer hook-up points, and the narrow width of the available area constrained by the edge of SW North Dakota Street and the bank of Fanno Creek. • No trees will be impacted by the proposed sewer line. The proposed impacts will be minimal, involving cut and fill procedures that will require restoration. Impact to the creek will be temporary, with restoration of streambed structure within the channel crossing. • Mitigation for the proposed wetland impact will consist of restoration by soil replacement and reseeding. Additional mitigation in the form of 0.02 acre of wetland/riparian enhancement will occur along the north side of Fanno Creek. I j I Pacific Habitat Services, Inc. a. 9.0 REFERENCES Fishman Environmental Services, 1995. Tigard Local Wetlands Inventory. Munsell Color, 1988. Munsell Soil Color Charts. Kollmorgen Corporation, Baltimore, Maryland. Oregon Division of State Lands. September 1995. Removal-Fill Law (ORS 196.800-196.990) and Removal and Filling in Scenic Waterways (ORS 390.805-390.925) Reed, Porter B., Jr., 1988.National List of Plant Species That Occur in Wetlands:Northwest (Region 9). Prepared by the U.S. Fish and Wildlife Service, St. Petersburg, FL. NERC- 88/18.37. United Sewerage Agency, February 1995. Design and Construction Standards for Sanitary Sewer and Surface Water Management, Draft Rev. 2. U.S. Army Corps of Engineers, Environmental Laboratory, 1987. Corps of Engineers Wetland Delineation Manual. Technical Report Y-87-1. U.S.D.A., Soil Conservation Service, 1982.Soil Survey of Washington County, Oregon. U.S.D.A., Soil Conservation Service., 1989. Oregon Hydric Soils by Counties. _! U.S.F.W.S. National Wetlands Inventory map, Beaverton, Oregon quadrangle. Color infrared aerial photography in August, 1981; 1:58,000. U.S.G.S. 7.5 Minute topographic map. 1961 photorevised 1984. Beaverton, Oregon quadrangle. n Ii 11 I I Pacific Habitat Services,Inc. - 10- Appendix A Wetland Determination Data Forms 1 Wetland Determination Data Form A‘ Routine Onsite Method Pacific Habitat Services, Inc. Project: Sanitary Sewer Improvement 'Number: 8-1754 Sample Site: 1 Applicant: Pascuzzi County: Washington Date: November 24, 1998 Investigators: CR/JF Township: 1S Range: 1W Section: 35 Primary Indicators Secondary Indicators , HYDROLOGY Inundated (Yes/No): No Water marks: Depth of inundation: Inches Drift lines: Depth to free water: 10 Inches Drainage patterns: Depth to saturation: 0 Inches Oxidized rhizospheres: Other: Sediment deposits: pit within 18 inches of flowing water gi,1 t:4 ro x 'iad 1,4 r= VW SOILS Mapped Series: Cove silty clay loam Hydric Soil?: Yes Classification: Vertic Haplaquoll Drainage Class: poorly drained Depth Matrix Soil Redox Concentrations Other Hydric Soil i (Inches) Color Texture* Color abundance/size/contrast Field Indicators Comments 0-8 10YR 3/2 SCL 8-16 l OYR 4/1 SC 3 *SD=Sand, SDL=Sandy Loam,L=Loam,SDCL=Sandy Clay Loam,S=Silt, SL=Silt Loam,SCL=Silty Clay Loam,CLClay Loam,Clay s VEGETATION Tree Stratum ( 0% ) Status % Cover Herbaceous Stratum (60% ) Status % Cover 1 Phalaris arundinacea* FACW 100 R 1. .i Shrub Stratum (20% ) Status % Cover Cornus stolonifera* FACW 100 - Woody Vine Stratum (20% ) Status % Cover aRubus ursinus* FACU 100 1 Percent of dominant species FAC, FACW, or OBL*: 67% Comments: I Wetland Determination Data Form A. ! j_ffil Routine Onsite Method Pacific Habitat Services, Inc. Project: Sanitary Sewer Improvement Number: 8-1754 Sample Site: 2 Applicant: Pascuzzi County: Washington Date: November 24, 1998 Investigators: CR/JF Township: 1S Range: 1W Section: 35 Primary Indicators Secondary Indicators i HYDROLOGY Inundated (Yes/No): No Water marks: Depth of inundation: Inches Drift lines: Depth to free water: >6 Inches Drainage patterns: Depth to saturation: >6 Inches Oxidized rhizospheres: Other: Sediment deposits: - I LO: :4:14.4.34.2: ::-A7(9 _ SOILS Mapped Series: Cove silty clay loam Hydric Soil?: Yes Classification: Vertic Haplaquoll Drainage Class: poorly drained -, Depth Matrix ' Soil Redox Concentrations Other Hydric Soil (Inches) Color Texture* Color abundance/size/contrast Field Indicators Comments 0-6 10YR 3/2 SC refusal at 6 inches on 7 fill material I, w , SSand, SDL=Sandy Loam,L=Loam,SDCL=Sandy Clay Loam,S=Silt, SL=Silt Loam,SCL=Silty Clay Loam,CLlay Loam,Clay I VEGETATION Tree Stratum (30% ) Status % Cover Herbaceous Stratum ( 10% ) Status % Cover n Picea pungens* FAC- 100 Dactyl is glomerata* FACU 40 f Equisetum arvense FAC 10 Festuca arundinacea FAC- 10 { Galium aparine* FACU 20 Geranium molle UPL 10 Shrub Stratum (20% ) Status % Cover Phalaris arundinacea FACW 5 1 Corylus cornuta* FACU 100 Polystichum munitum FACU 5 Woody Vine Stratum ( 40% ) Status % Cover Rubus discolor* FACU 20 Rubus ursinus* FACU 80 iPercent of dominant species FAC, FACW, or OBL*: 0% 1.6..-e . u, 6 ' -`-1 s> Comments: i Wetland Determination Data Form — Routine Onsite Method Pacific Habitat Services, Inc. Project: Sanitary Sewer Improvement Number: 8-1754 Sample Site: 3 Applicant: Pascuzzi County: Washington Date: November 24, 1998 Investigators: CR/JF Township: 1S Range: 1W Section: 35 Primary Indicators Secondary Indicators HYDROLOGY Inundated (Yes/No): No Water marks: Depth of inundation: Inches Drift lines: Depth to free water: >14 Inches Drainage patterns: Depth to saturation: >14 Inches Oxidized rhizospheres: Other: Sediment deposits: SOILS Mapped Series: Wapato silty clay loam Hydric Soil?: Yes Classification: Fluvaquentic Haplaquoll Drainage Class: poorly drained . Depth Matrix Soil Redox Concentrations Other Hydric Soil (Inches) Color Texture* Color abundance/size/contrast Field Indicators Comments 0-14 10YR 3/2 SCL mixed with gravel; 30% road fill — material *SD=Sand, SDL=Sandy Loam,L=Loam, SDCL=Sandy Clay Loam,S=Silt,SL=Silt Loam,SCL=Silty Clay Loam,CL�Iay Loam,Clay F' it .4 r 'a a *4 1 i VEGETATION ,. Tree Stratum ( 0% ) Status % Cover Herbaceous Stratum ( 90% ) Status % Cover Phalaris arundinacea* FACW 100 L f' t: iiShrub Stratum ( 0% ) Status % Cover Woody Vine Stratum ( 10% ) Status % Cover Rubus discolor* FACU 100 aPercent of dominant species FAC, FACW, or OBL*• 50% l'''': • ° - " =j ' : M Comments: li IDe`., iu ationl " iTpland ti Wetland Determination Data Form s Routine Onsite Method Pacific Habitat Services, Inc. Project: Sanitary Sewer Improvement Number: 8-1754 Sample Site: 4 Applicant: Pascuzzi County: Washington Date: November 24, 1998 Investigators: CR/JF Township: 1S Range: 1W Section: 35 Primary Indicators Secondary Indicators HYDROLOGY Inundated (Yes/No): No Water marks: Depth of inundation: Inches Drift lines: Depth to free water: Inches Drainage patterns: Yes Depth to saturation: Inches Oxidized rhizospheres: Yes Other: evidence of ponding Sediment deposits: • SOILS Mapped Series: Wapato silty clay loam Hydric Soil?: Yes Classification: Fluvaquentic Haplaquoll Drainage Class: poorly drained Depth Matrix Soil Redox Concentrations Other Hydric Soil (Inches) Color Texture* Color abundance/size/contrast Field Indicators Comments 0-14 1OYR 3/2 SCL 7.5YR 4/6 common, medium, distinct 'SD Sand, SDL=Sandy Loam,L=Loam,SDCL=Sandy Clay Loam,S=Silt,SL=Silt Loam,SCL=Silty Clay Loam,CL�lay Loam,C=Clay VEGETATION t Tree Stratum (20% ) Status % Cover Herbaceous Stratum ( 80% ) Status % Cover Fraxinus latifolia* FACW 100 Agrostis tenuis* FAC 60 Festuca arundinacea FAC- 5 Holcus lanatus* FAC 30 I_ Taraxacum officinale FACU 5 , Shrub Stratum (0% ) Status % Cover E _ Woody Vine Stratum ( 0% ) Status % Cover E Percent of dominant species FAC, FACW, or OBL*: 100% c t,,� r • • ���.. .���..�..���� >: . ._:� ter,a= • Comments: I hang W4 EVAMSNalftd il Wetland Determination Data Form )I. 'j- Routine Onsite Method Pacific Habitat Services, Inc. Project: Sanitary Sewer Improvement Number: 8-1754 Sample Site: 5 Applicant: Pascuzzi County: Washington Date: . November 24, 1998 Investigators: CR/JF Township: 1S Range: 1W Section: 35 Primary Indicators Secondary Indicators HYDROLOGY Inundated (Yes/No): No Water marks: Depth of inundation: Inches Drift lines: Depth to free water: >14 Inches Drainage patterns: Depth to saturation: >14 Inches Oxidized rhizospheres: Other: Sediment deposits: SOILS Mapped Series: Wapato silty clay loam Hydric Soil?: Yes Classification: Fluvaquentic Haplaquoll Drainage Class: poorly drained Depth Matrix Soil Redox Concentrations Other Hydric Soil (Inches) Color Texture* Color abundance/size/contrast Field Indicators Comments 0-14 10YR 4/2 SL gravel mixed in upper 8 inches 'SD=Sand, SDL=Sandy Loam,L=Loam,SDCL=Sandy Clay Loam,S=Silt, SL=Silt Loam,SCL=Silty Clay Loam,CL�lay Loam,Clay F C R1. t)!.`1 : 14 1 i. VEGETATION Tree Stratum (0% ) Status % Cover Herbaceous Stratum ( 60% ) Status % Cover Agrostis tenuis* FAC 30 Galium aparine* FACU 30 1. Geranium carolinianum* UPL 25 Holcus lanatus FAC 15 b Shrub Stratum ( 0% ) Status % Cover I II Woody Vine Stratum (40% ) Status % Cover Rubus discolor* FACU 100 iPercent of dominant species FAC, FACW, or OBL*: 25% MEEMMIDEIMEnt Comments: I .!A 0 t 4!'�i11,JO.T l ►J'_d II 5iJ al ot_ Vesiera_ 1 Perm its �•- - '`"• • , Division of State Lands -� regon 775 Summer Street NE :z � Salem,OR 97310-1337 9 John A.Kitzhaber,M.D.,Governor (503)378-3805 FAX(503)378-4844 TTY(503)378-4615 April 5, 1999 State Land Board John A.Kitzhaber Caroline Rim Governor Pacific Habitat Services, Inc. Phil Keisling 9450 SW Commerce Circle, Suite 180 Secretary of State Wilsonville, OR 97070 Jim Hill State Treasurer RE: Wetland Delineation for Sanitary Sewer Line,Washington County; TO1S RO1W Section 34 and 35; Det. #99-0110; RF-16736 Dear Ms. Rim: Thanks for discussing the details of this project during our phone conversation on 2 April, 1999. I have reviewed your wetland delineation report for the above site and concur with your conclusions. The wetland areas and waterways mapped in Figure 5 of your report are subject to permit requirements of the state Removal-Fill Law. A state permit is required for fill or excavation of 50 cubic yards or more in these areas. Federal or local wetland permit requirements may apply as well. According to your report, approximately 0.04 acres of waters of the state(i.e. 0.01 acres of wetlands and 0.03 acres within the banks of Fanno Creek)will be impacted by the proposed sewer line(Figure 8). Please advise your client that state law establishes a preference for avoidance of wetland impacts. Division approval of wetland delineation reports is based upon the information provided to us. Should additional information be brought to our attention or should site conditions change, we would consider the new information and re-evaluate the site and our jurisdictional determination as needed. Thank you for your report. Sinc ly, ` i el / / / �`/ • Lisa Hemesath Wetlands Technician Enclosures c: Planning Director, City of Tigard Jim Goudzwaard, Corps of Engineers Bill Parks, DSL K:\Wetlands\lisa\Det letters\99-0110.doc _____ - - - — — �► i _ �� — — r"---------1 — — — - -- - - - _ - - - - - _ _ - - - - " ridge — i — Street _ — Existing _ — S.W.NorthD _ _ 4,. _ - _ - __- - -------- - //- ___-- (e," ,,,,/'''' " -. - "*ISAVIlt.■■-v. '' ' ,.. = VNIIP- ----- ‘50 .t.S■4,,a***T4,0 gl Plifitbr," ____,_.................■----sr ___ .. , ,, � ��,"�, `�.�,r Fanno 5 4..14"NiV,k"4 / Tax Lot 200 I Tax Lot 3400 Tax Lot 3300 Proposed sewer line route Potentially Jurisdictional Waters of the — • 1 — s 1 �• 0 i5 30 State boundary Potentially Jurisdictional Wetland We 1 Sample Point 3 SCALE in FEET DATE: 12/31/98 8- 1754 Figure 5. Locations of potentially jurisdictional wetland,waters of the state, and sample points along a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon(base map provided by Harris-McMonagle Associates, Inc., 19981. Ptis Pacific Habitat Services, Inc. �-- - - - - - _ �' _ _ _ _` - - - - - -------1 - - _r . i, _--r S DakStree t _ _ _W•N_O- Existing e \ - ------- ---- - 91.4aSit: , , ._-- ___ llric -- -, - - �3�+= �4)}�11+,�Dl;,tilllY��uAwh.�...,. n.,� ' �, 15',,i� V "gp „ v,,,,,. UU:t' i�lftN Fu _--------- w �,�* eksi ,�� Fanno G \ 40,,44/•4• 4v \ ,-'r * * f Tax Lot 200 1 Tax Lot 3400 Tax Lot 3300 Proposed sewer line route Potentially Jurisdictional Waters of the ' ' - • State boundary Potentially Jurisdictional Wetland 0 15 30 Proposed Wetland Impact (.01 acre) Proposed Waters of the State Impact (.03 acre) •. SCALE in FEET DATE: 12/31/98 h •i 8-1754 Figure 8. Locations of proposed impacts to wetland and waters of the state for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon(base map provided by Harris-McMonagle ___, Associates, Inc., 1998). Pacific Habitat Services, Inc. PHS l 0f,i27i99 14:35 PACT" HABITAT SER NU.S b fib) 0 ri 1 JOINT ::. . i PERMIT APPLICATION FORM � -` ,;, ; . a US Army Corps THIS PERMIT WILL MEET THE REQUIREMENTS OF BOTH AGENCIES of Engineers ��'• • 1as5 Portland District AGENCIES WILL ASSIGN NUMBERS R r_ Corps Action ID Number Oregon Division of State Lands Number t SEND ONE SIGNED COPY OF YOUR APPLICATION TO EACH AGENCY, District Engineer State of Oregon ATTN: CENPP-CO-GP Division of State Lands PO Box 2946 775 Summer Street NE Portland, OR 97208-2946 Salem. OR 97310 (503)326-7730 (503)378-3805 C) Applicant Name Pascuzzi Investments, LLC business phone # (503)320-4575 and Address Attn: Pasquale Pascuzzi home p FAX# 10250 SW North Dakota St. Tigard, OR 97223 O Co-Applicant Caroline Rim business phone# (503) 570-0800 •Authorized Agent Pacific Habitat Services, Inc. home phone# O Contractor 9450 SW Commerce Circle, Suite 180 FAX# (503) 570-0855 Name and Address Wilsonville, OR 97070 Property Owner business phone# (If Olfferent than applicant) home phone # Name and Address FAX# © PROJECT LOCATION Street, Road,or other descriptive location Leea1 Description North of SW Tigard St., south of SW North Dakota St., and Quarter Section Township Range west of SW Greenburg Rd. 34, 35 1 South 1 West In or near(City or Town) County Tax Map# Tax Lot# 1S-1-34DA 3300, 3400 Tigard Washington 1 S-1-35CB 200 Waterway u,2,--_,../�� r River Mile Latitude Longitude Fenno Creek C� Is consent to enter property granted to the Corps and the Division of State Lands? •Yes 0 No Q PROPOSED PROJECT INFORMATION Activity Type: • Fill • Excavation (removal) 0 In-Water Structure 0 Maintain/Repair on Existing Structure Brief Description: Excavate/backfill trench for pipeline for aproposed sanitary sewer improvement Fill will involve cubic yards annually and/or 130 cubic yards for the total project 130 cubic yards in a wetland or below the ordinary high water or high tide line Fill will be 0 Riprap • Rock • Gravel 0 Sand 0 Silt 0 Clay 0 Organics • Other. nativelnaterial,backfll Fill Impact Area is 0.04 Acres; length; width; depth Removal will involve cubic yards annually and/or_ 130 cubic yards for the total project 130 cubic yards pelow the ordinary high water or high tide line Removal will be 0 Riprap 0 Rock 0 Gravel 0 Sand 0 Silt 0 Clay 0 Organics • Other native material Removal Impact Area is 0.04 Acres; length; width; depth Is the Disposal area Upland? • Yes 0 No Wetland /Waterway? O Yes • No Are you aware of any Endangered Species on the project site? 0 Yes • No . If Yes, please explain in the project Are you aware of any Cultural Resources on the project site? 0 Yes • No description (on page 2. block 4). . Is the project site near a Wild and Scenic River? 0 Yes • No • ® PROPOSED PROJECT PURPOSE & DESCRIPTION Project Purpose and Need: The current sewer line is connected to an older septic system with a drain field which is located south of Fanno Creek. The proposed sanitary sewer line will connect to a public sewer system instead of a drain field, and therefore, be an improvement over the older septic system. Project Description: The proposed sanitary sewer line will be located approximately 20 feet south of the edge of SW North Dakota Street, and will parallel the street for approximately 240 linear feet. An 8-inch diameter pipe will connect to an existing 36-inch main at the western end of the proposed route, then continue to the east,where it will cross Fanno Creek one time. The sewer alignment along the creek crossing at the eastern end of the route will consist of utilizing cofferdams.A two to two and a half-foot wide trench will be excavated to a depth of approximately eleven feet (three feet below the existing creek bottom),for a length of approximately forty-five feet from the west side of the creek to the east side. All in-water work will be conducted during the Oregon Department of Fish and Wildlife's recommended in-water work period (June 1 - September 30).The remaining sewer alignment to the west of the creek crossing, will consist of a two to two and a half-foot wide by twelve and a half-foot deep trench. How many project drawing sheets are included with this application? 7 NOTE: A complete application must include drawings and a location map submitted on separate 8 1/2 x 11 sheets. Will any material, construction debris, runoff, etc. enter a wetland or waterway? 0 Yes • No If yes, described the type of discharge and show the discharge location on the site plan. Estimated Start Date March 1, 1999 Estimated Completion Date October 31, 1999 �5 PROJECT IMPACTS AND ALTERNATIVES Describe alternative sites and project designs that were considered to avoid impacts to the waterway or wetland. SEE ATTACHED SHEET Described what measures you will use (before and after construction) to minimize impacts to the waterway or wetland. SEE ATTACHED SHEET NOTE: If necessary, use additional sheets. © ADDITIONAL INFORMATION Adjoining Property Owners and Their Addresses and Phone Numbers City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 (503) 639-4171 Has the proposed activity or any related activity received the attention of the Corps of Engineers or the State or Oregon in the past, e.g. wetland delineation, violation, permit, lease request, etc.? 0 Yes • No If yes, what identification number(s)were assigned by the respective agencies: Corps # State of Oregon # 05 PROJECT IMPACTS AND ALTERNATIVES Describe alternative sites and project designs that were considered to avoid impacts to the waterway or wetland. The proposed sewer line will temporarily impact approximately 0.01 acre of low quality wetland, dominated by pasture grasses, at the western end of the route, and approximately 0.03 acre of waters of the state, by crossing Fanno Creek at the eastern end of the route. No trees will be impacted by the proposed sewer line. The proposed impacts will be minimal, involving cut and fill procedures that will require restoration. These temporary impacts are unavoidable due to the location of the existing sewer hook-up points, and the narrow width of the available area constrained by the edge of SW North Dakota Street and the bank of Fanno Creek. The proposed sewer line makes use of existing sewer line trunks at the western and eastern ends of the route,which are connected to a public sewer system. In addition, the proposed sewer line satisfies the Unified Sewerage Agency's (USA) sanitary sewer alignment and uniform grading requirements. The pipe line was aligned to minimize impacts to wetlands and waterways, as well as provide the necessary gradient for the sewer line. Described what measures you will use (before and after construction)to minimize impacts to the waterway or wetland. During the sewer line construction, proper preservation, restoration and clean-up protocols will be followed. For example, the excavated material will be stored adjacent to the trench, the contractor will then replace topsoil (with a minimum finished depth of 12 inches) over all trenches. In addition, sufficient erosion control methods, such as silt barriers,will be employed. Potential changes in the existing ground hydrology (i.e. dewatering)will be prevented by using clay plugs (barriers that are positioned along the pipeline)which will stop groundwater from flowing laterally along the pipe. Impact to the drainageway will be temporary,with restoration of stream bed structure within the channel crossing.All in-water work will be conducted during the Oregon Department of Fish and Wildlife's recommended in-water work period (June 1 - September 30). - JAN 25 ' 99 (MON) 13 07 PAGE 2/2 CO CiTY/COUNTY PLANNING DEPARTMENT AFFIDAVIT • (TO BE COMPLETED BY LOCAL PLANNING OFFICIAL) O This project is not reg1 fated by the local comprehensive plan and zoning ordinance. O 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. WConsiatency of this project with the local planning ordinance cannot be determined until the following local approvals) are obtained: O Cdnditional Use Approval O Development Permit O Min Amendment . 0 Zone Change • 0151er. x'trc 4%7 M441-4v ss Par!cIA/ An application 0 has 0 has not been made for local approvals checked above:- • . , 4svackt-I'L Minx," :8 tura(of planning offloiat) Tide �CityrP&mty Data () COASTAL ZONE CERTiFICATION If the proposed activity described in your permit application is within:the Oregon coastal tone,the following certification Is requited before your'application Can be processed.A public notice.will be leaned with the oertifloatian statement whidh will be forwarded to the Oregon Department of Lend ConseNatbn and Development(DLCD)for Its concurrence or objection.For additional Information on the Oregon Coastal Zone Management Program,contact the department at 1175 Court Street NE,Salem,Oregon 97310 or call 803-373-0050. • . CERT1FICATt(N'9TATEMENT . . . I certify that,to the beet'of my knowledge end belief, the proposed activity described in this application complies with the approved Oregon Coastal Management Program and will be completed In a manner consistent with the program. Print/Type Name Tig6 Applicant 8tprtearre ; Data IV SIGNATURE FOR JOiNT APPLICATION - (REQUtRt�D . Application Is hereby made for the activities described herein, I that I am familiar with the Information-contained in the application,end to the best of my knowledge and belief,this information is e,complete,and accurate.I further certify that I possess the authority inoluding the neaessaryirequislte property interest to undertake the proposed er tvltles.I understand that thb granting of other permits by local,county,state or federal agencies does not release me from the requirement of obtaining the permits requested before commencing the project.I understand that local permits may be required before the state removal-fill permit is Issued. I understand that payment of ; _•uirad state processing fee does not guarantee pernittlasuance. l.,• . .'ft •I I eL'� J 4,016p.„._ Pflrt w (co-applicant) This at41 b... - . /- Z.1- q1. Appaoe „'•e -7-- A (oo-apppcsnt) Date I certify 1 at I may e ,1 . 'authorized agent of the applicant. Caroline Rim 1 . _ Wetland Scientist Print/Typeame Title //2, 09 • • Authorized Agent Sl nattrd 051 I. • • 1 I I i }r r ';r. • ® SUPPLEMENTAL WETLAND IMPACT INFORMATION* • (For Wetland Fills Only) Site Conditions of impact area Impact area is 0 Ocean 0 Estuary 0 River 0 Lake • Stream • Freshwater Wetland Note: Estuarian Resource Replacement is required by state law for projects involving intertidal or tidal marsh alterations. A separate Wetlands Resource Compensation Plan may be appended to the application. Has a wetland delineation been completed for this site? • Yes 0 No If yes, by whom: Pacific Habitat Services, Inc. Describe the existing Physical and biological character of the wetland/waterway site by area and type of resource (use separate sheets and photos, if necessary) South of the proposed route, the relatively level ground transitions into the northern bank of Fanno Creek. The channelized creek flows west then south. The elevation along the pipeline route is approximately 155 feet National Geodetic Vertical Datum (NGVD). The study area lies within the Fanno Creek floodplain. Most of the site is hydrologically influenced by direct precipitation and stomiwater runoff from surrounding development. The western end of the site is slightly lower in elevation and subject to groundwater fluctuations associated with Fanno Creek. Site vegetation is very degraded and primarily consists of weedy herbaceous species and Himalayan blackberry thickets (Rubus discolor). Resources Replacement Mitigation Describe measures to be taken to replace unavoidably impacted wetland resources The wetland in the western end of the site is primarily composed of a mixture of pasture grasses, and therefore, restoration by soil replacement and reseeding to prevent erosion should be appropriate for this area. However, given the degraded condition of the vegetation community within the project area, additional mitigation in the form of wetland/riparian enhancement will also take place. Enhancement will occur along the north side of Fanno Creek. This area lacks vegetative structure and is dominated by weedy herbaceous species and blackberry thickets. The blackberry thickets will be mechanically removed, and approximately 0.02 acre will be planted with native shrubs. These plantings will add structure and provide increased wildlife habitat along the riparian area. 'Because this information is not necessary for a complete application, you may submit this sheet and other environmental information after submitting your application. ' PHS Pacific Habitat Services, Inc. il-741-' 'P ::.0- ''- k.s I ....i:v7 . V.g--,.. E•_• : . ,474.y.:::r4.->s!¢tl� • 1 it II � � ' .y .lei ` �1V,.1*?it • I (V/1) °, I ow It \ 4.4100 _:.:„..,..7-Alief:=':' -Z, • •• • . -, 4.1- ,.,te, . . op . %ti's �' :s . t'}~mow., r1 11 1 :.: _ ��;i .._-iso..t�i.�n� ` ti, ire_ ,v t �..1 ...' / ,1y1�a :? �1" �e.,'..,.itis. ��/�/r �cfSa =1 di-.-1A.--4 V Orli° o ., � .;: _ i , vk, ' ,_ - ,I .fir' :� �� ___NW hues iibu ll KI .mow: -- .,►-- . _ �:�, I iil� 'IU fti'. .�_� :; .;L"' SITE �∎ le` .1 ic'ae :1►�+ ire \�' ' ;a° ‘, \, ...k l a- w- FY J. r 6111,-., :1.001ii 1+1:.-:.!iii341,11; , \ \\ alcois•N.... WA 04-10: 1.1:4 1 ,, .._,._,,...e. 64■1010e-----'...- 4. 1%‘4"0-4.44114kNoil‘i 1 ' - `0� 1a.. . ���"",•~•_ .��["s ;"a..-i Pi'j 4 '�f _�"a��.a..:Ct �' `� �Cly� A"' ��j'=.�i�,.r:'s.�•,::—' 1 ?1-C :'l .:a'•�' / i � 1� /`1 :;may, . � �,,1_.ii.+G� r�. ,„,16.,_ ,,,,,„„._. ,,,,Nr.,,,..-- -....9 •■4,1116/"$ ' I' livrje.,1 ii _ . tof f k\‘'.11 I 1 amiiHill. -...." 11101:i!!:111":Etellt-4.-Yalt: 1 IV ‘..„._ __,,_,,,•■. 4., A fr-7.11;•"". '■■1101 • ...,• . • .......0-412,w4,9" v Ner--7,63, -qpiii.),-- . _-_-,,-.i.p, /4310T-----.....r.• \ '7:Tik.iiiNtlapars-4-1`-w-9 i 'ftlp.tiltil -00-,4111 -- 11‘'' 40,.,Hf 61 s'11*--:s \ -ilk, :jir. frIMON),,, , 0-,,,,_6 ;,_ "P_tor. . ; %.,,-;::., :A...;411.„----a--.•- . -; ,i'if- '1 c r—nwt-----1-7-414yEL ________._a, . PIO.---4-Vette, 6.4,,g,',s4\ ,<Vorcitfilt," \ w‘ti( .*ti: trel 1-1;:„,,,,: _,,,,,--- . „,,,,wio,,,...,"4, ::. ,,,,,., ...,,,,,,.,, , �pp• lot �► 1 ��� s4ia ,�: , :. ;p er lir •iv ,,,, •.I- Ni; lir ) r / ...ii 7 ,, , 1, ...9:, i 1,:k.1„.iiiiortia. .r ; - ` ��OJi1r i'gr l'INWIr9)). ,Y.X .,...k.Vr(1i 7 ,, ". r1 �� L " ve _ r' •t 11 . ....„ 1 J _1 _�_ f p •�,^� ,•' r/ �i 1 � = 1,'v 'r' <' �• / ` � , s , s i , .• -� :�_ _ 12/31/98 8-1754 Figure 1. Location and general topography of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (U.S.G.S., Beaverton, OR, 7.5 minute quadrangle, 1961 photorevised 1984). - 'PHS .....5--16 Pacific Habitat Services,Inc. ' 15P\� 4111�i \\ ,.• cI1g1Iucj, ,,Ai ,\ -•∎'% :��74% fir: h� -.. Es My.. 'Valli _At; 4%,-44.1.,•-::-.7i...%:,. siptql■a.41W411,14 it N. 01% .416, ••,11 - --... V---- w∎ ..a.m... 'ei •• '. ,• 1M,,' _r.•r . \ 11% inummi bition li mmr•d/ 11111 a>t " e 111 owl -W roll"ll 1 'II Fi- - ra ' - Ild II, . ' �� III Tilt. IIJ CITY OF TIGARD ' - A. `i I ii ir Wetlands Inventory Unit 3 iiii: ,;�.�� \Wetlands ;. i il "..1 jrid.., . - MARE, sr r,� Streams �`.:.:� ir .•'...•' .t..i.•,,.4: :!;7?' Vi Alk. Wili Public Land survey ah.�S� 3 34 Section IDs k�' i��:•'_ \t'a' •y' ,I® "./ Resource Unit Boundary =y� .;; ' ,I,,,_, . • Sample Plot Location N� amusso''1t" 12/31/98 8-1754 Figure 4. Local Wetlands Inventory information for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Fishman Environmental Services, 1995). _ _ ----- - — — —� _ - — — -- EXisting Bridge _ — _ _ I__ _ _ _ - - -SW. NorthDak tree i_ _ -- — , A ir i _ _ _ - - - -_-_________---- -------- - _..... .,y iNIM Ll- ---,- ---------- 15°. -1125glIMIlmimmm....m.•• °.......m.............m........... 1 et ,„/'''1 y • it4 .,.440 Fann ° Ct \ N --- I , O \ N Tax Lot 200 ITax Lot 3400 Tax Lot 3300 Proposed sewer line route Potentially Jurisdictional Waters of the — i • s State boundary � o is 30 Potentially Jurisdictional Wetland �j Sample Point 3 SCALE in FEET DATE: 12/31/98 8- 1754 Figure 5. Locations of potentially jurisdictional wetland, waters of the state, and sample points along a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle Associates, Inc., 1998). PHS Pacific Habitat Services, Inc. v PHS Pacific Habitat Services, Inc. • CLASS "B • CLASS " A " SL FACE RESTORATION IOW EXCESS HATIVE MATERIAL AS SPECIFIED OYER TRENOJ TO ALLOW FOR sci-r E1 eNT 04§I r • • UK)I STUB ..• A +n+D I sT1. ED- EARTH cOyP NATIVE EARTH. 3/4' - 0 MATER I AL� R G>�z. j•4: . ••••L - , • .... r- • r 3/I' - 0 CRUSHED "II. • ' I12 P 1 PE 0.D. , I•• ROCK • • - ' - • ; PLUS 6' .: 1�• •o • ". • 3/1•� � •. e p O . O•A• 0 O rirC •A� _ Po c O • .6EbING ` n .• .1 p ,A • •• 1/2 PIPE 0.0. PLUS 1' MIN. FOR PIPE SMALLER THAN 10' 1/2 PIPL O.D. PLUS 6• MIN. FOR PIPE 18• ANO LARGER 12/31/98 8-1754 Figure 6. Typical cross section of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Harris-McMonagle Associates, Inc., 1998). I. �.I 1 3 1 Nall 'i i IN i U g off I II nnovnM ,II / ?Aim•^.4 A....... -u II ., .• / I 811 1111 g 12 of , _l _ ff II s ITC 1 i R E 1 J d In Approximate Scale Horizontal: 1 inch=60 feet Vertical: 1 inch=6 feet IN In 12/31/98 "" 8-1754 Pacific Habitat Services, Inc. 0 -- Figure 7. Cross section of the creek crossing for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Harris-McMonagle Associates, Inc., 1998). �- — — _ — - - E-----------1– _ — _ Stree _ — — — Existing Bndge _—— Dakota t — __ I glf _ - - , fil in s *, 4 h /` mJ64 '41�11�U�tlU.w - ,r — "•:" -��r �� 1•��i�I��i `ul�f 1. �l�^fiviitIi inhIfI r I i111 l" lif S4� fh" ��, _∎,", 4'Vir 1111ra nn ° c ' Vg•Vgi‘ ■■4 / Tax Lot 200 I Tax Lot 3400 Tax Lot 3300 Proposed sewer line route O Potentially Jurisdictional Waters of the .— • • f State boundary Potentially Jurisdictional Wetland 0 IS 00 Proposed Wetland Impact (.01 acre) RR4 ii 111111111..... Proposed Waters of the State Impact (.03 acre) I. ' .1 SCALE in FEET DATE: 12/31/98 8- 1 754 Figure 8. Locations of proposed impacts to wetland and waters of the state for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle Associates, Inc., 1998). PHs Pacific Habitat Services, Inc. �.—._ l _ - - - - _ - - _ _ — Existing Bridge — treet _ — 1L- - - - S.WNorthDa_ k0 - --' _ _ - ___ -------- -- ___. ---- --- .--- ____ ___-------- - ././ ei,'al 11,,,/....,1 --- -- ------- ----'-. ------ 1 ittptnnowlonto" /et Ilk . ` \ A A . -f- Ul i i gir10Ili1111 _ �F h -144 c . - _44,■)st.**144■14"......71"`' c t , 1 i pt+4.ti t, 4"4/4 17 a n II ° \ 0 Tax Lot 200 iTax Lot 3400 Tax Lot 3300 Shrubs Botanical Name Common Name Size Quantity Berberis aquifolium Oregon grape 18-24" 6 Cornus siolonifera Red-osier dogwood 18-24" 12 Rosa pisocarpa Clustered rose 18-24" 12 Total 30 Proposed sewer line route © I Potentially Jurisdictional Waters of the ..-. , 1 1 0 ■ State boundary Potentially Jurisdictional Wetland Pc� a o Proposed Enhancement (.02 acre) SCALE in FEET DATE: 12/22/98 8- 1754 Figure 9. Proposed enhancement area for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle Associates, Inc., 1998). , • Pacific Habitat Services, Inc. P11s ._ , j r o F , .' i a l : JOINT A. .a !‘" PERMIT APPLICATION FORM :r___:.-"% US Army Corps THIS PERMIT WILL MEET THE REQUIREMENTS OF BOTH AGENCIES of Engineers '•' Portland District i 8 5 9 c AGENCIES WILL ASSIGN NUMBERS Corps Action ID Number/ �S Oregon Division of State Lands Number SEND ONE SIGNED COPY OF YOUR P LICATION TO EACH AGENCY _ District Engineer ECE1 V i1 State of Oregon • ATTN: CENPP-CO-GP Division of State Lands PO Box 2946 j pN 27 1999 775 Summer Street NE Portland, OR 97208-2946 Salem, OR 97310 (503) 326-7730 FEGULATORY iRANC (503) 378-3805 0 Applicant Name Pasquale Pascuzzi business phone# (503) 320-4575 and Address 10250 SW North Dakota St. home phone# Tigard, OR 97223 FAX# O Co-Applicant Caroline Rim business phone# (503) 570-0800 • Authorized Agent Pacific Habitat Services, Inc. home phone# O Contractor 9450 SW Commerce Circle, Suite 180 FAX# (503) 570-0855 Name and Address Wilsonville, OR 97070 Property Owner business phone# (if different than applicant) home phone# Name and Address FAX# OO PROJECT LOCATION Street, Road, or other descriptive location Legal Description North of SW Tigard St., south of SW North Dakota St., and Quarter Section Township Range west of SW Greenburg Rd. 34, 35 1 South 1 West In or near(City or Town) County Tax Map # Tax Lot# 1S-1-34DA 3300, 3400 Tigard Washington 1S-1-35CB 200 Waterway River Mile Latitude Longitude Fanno Creek Is consent to enter property granted to the Corps and the Division of State Lands? • Yes 0 No ® PROPOSED PROJECT INFORMATION Activity Type: • Fill • Excavation (removal) 0 In-Water Structure 0 Maintain/Repair on Existing Structure Brief Description: Excavate/backfill trench for pipeline for a proposed sanitary sewer improvement Fill will involve cubic yards annually and/or 130 cubic yards for the total project 130 cubic yards in a wetland or below the ordinary high water or high tide line Fill will be 0 Riprap • Rock • Gravel 0 Sand 0 Silt 0 Clay 0 Organics • Other native material,backfill Fill Impact Area is 0.04 Acres; length; width; depth Removal will involve cubic yards annually and/or 130 cubic yards for the total project 130 cubic yards below the ordinary high water or high tide line Removal will be 0 Riprap 0 Rock 0 Gravel 0 Sand 0 Silt 0 Clay 0 Organics • Other native material Removal Impact Area is 0.04 Acres; length; width; depth Is the Disposal area Upland? • Yes 0 No Wetland/Waterway? 0 Yes • No Are you aware of any Endangered Species on the project site? 0 Yes • No If Are you aware of any Cultural Resources on the project site? 0 Yes • No description Yes, tion (o explain in the project description (on page 2, block 4). Is the project site near a Wild and Scenic River? 0 Yes • No A ® PROPOSED PROJECT PURPOSE & DESCRIPTION Project Purpose and Need: The current sewer line is connected to an older septic system with a drain field which is located south of Fanno Creek. The proposed sanitary sewer line will connect to a public sewer system instead of a drain field, and therefore, be an improvement over the older septic system. Project Description: The proposed sanitary sewer line will be located approximately 20 feet south of the edge of SW North Dakota Street, and will parallel the street for approximately 240 linear feet.An 8-inch diameter pipe will connect to an existing 36-inch main at the western end of the proposed route, then continue to the east,where it will cross Fanno Creek one time. The sewer alignment along the creek crossing at the eastern end of the route will consist of utilizing cofferdams. A two to two and a half-foot wide trench will be excavated to a depth of approximately eleven feet(three feet below the existing creek bottom),for a length of approximately forty-five feet from the west side of the creek to the east side. All in-water work will be conducted during the Oregon Department of Fish and Wildlife's recommended in-water work period (June 1 -September 30). The remaining sewer alignment to the west of the creek crossing,will consist of a two to two and a half-foot wide by twelve and a half-foot deep trench. How many project drawing sheets are included with this application? 7 NOTE: A complete application must include drawings and a location map submitted on separate 8 1/2 x 11 sheets. Will any material, construction debris, runoff, etc. enter a wetland or waterway? 0 Yes • No If yes, described the type of discharge and show the discharge location on the site plan. Estimated Start Date March 1, 1999 Estimated Completion Date October 31, 1999 sO PROJECT IMPACTS AND ALTERNATIVES Describe alternative sites and project designs that were considered to avoid impacts to the waterway or wetland. SEE ATTACHED SHEET Described what measures you will use (before and after construction) to minimize impacts to the waterway or wetland. SEE ATTACHED SHEET NOTE: If necessary, use additional sheets. © ADDITIONAL INFORMATION Adjoining Property Owners and Their Addresses and Phone Numbers City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 (503) 639-4171 Has the proposed activity or any related activity received the attention of the Corps of Engineers or the State or Oregon in the past, e.g. wetland delineation, violation, permit, lease request, etc.? 0 Yes • No If yes, what identification number(s)were assigned by the respective agencies: Corps# State of Oregon # A` l (" ) • PROJECT IMPACTS AND ALTERNATIVES Describe alternative sites and project designs that were considered to avoid impacts to the waterway or wetland. The proposed sewer line will temporarily impact approximately 0.01 acre of low quality wetland, dominated by pasture grasses, at the western end of the route, and approximately 0.03 acre of waters of the state, by crossing Fanno Creek at the eastern end of the route. No trees will be impacted by the proposed sewer line. The proposed impacts will be minimal, involving cut and fill procedures that will require restoration. These temporary impacts are unavoidable due to the location of the existing sewer hook-up points, and the narrow width of the available area constrained by the edge of SW North Dakota Street and the bank of Fanno Creek. The proposed sewer line makes use of existing sewer line trunks at the western and eastern ends of the route, which are connected to a public sewer system. In addition, the proposed sewer line satisfies the Unified Sewerage Agency's (USA)sanitary sewer alignment and uniform grading requirements. The pipe line was aligned to minimize impacts to wetlands and waterways, as well as provide the necessary gradient for the sewer line. Described what measures you will use (before and after construction)to minimize impacts to the waterway or wetland. During the sewer line construction, proper preservation, restoration and clean-up protocols will be followed. For example, the excavated material will be stored adjacent to the trench, the contractor will then replace topsoil (with a minimum finished depth of 12 inches)over all trenches. In addition, sufficient erosion control methods, such as silt barriers,will be employed. Potential changes in the existing ground hydrology (i.e. dewatering)will be prevented by using clay plugs (barriers that are positioned along the pipeline)which will stop groundwater from flowing laterally along the pipe. Impact to the drainageway will be temporary,with restoration of stream bed structure within the channel crossing.All in-water work will be conducted during the Oregon Department of Fish and Wildlife's recommended in-water work period (June 1 - September 30). • 'J;N. 45 - 99 (MON) 13 07 PAGE. 2/2 i m CiTYiCOUNTY PLANNING DEPARTMENT AFFIDAVIT • (TO BE COMPLETED BY LOCAL PLANNING OFFICIAL) O Thls project Is not regulated by the local Comprehensive plan and zoning ordinance. O This project has been reviewed and is consistent with the local Comprehensive plan and zoning ordinance: O Thla:proJect has been reviewed and Is not consistent with the local clmipreflenslve plan and zoning ordinance.• •0/Consistency of this project'with the local planning ordinance Cannot be'determined until the following local approval(s) are obtained: : . . Q Cdndltkinal Use Approval ' • `.O Deelopment permit • .0 Plan Amendment :0 Zone Change. • :t,7�ther t vc 14 41Airr4 fc is Po*vt/ An application O has 0 has not been made for local approvals checked eboVe.-- 8 ax*cot planning Older) �• nee , CRY tY Data ® COASTAL ZONE CERTIFICATION . If the propoied ecltvlty described In your permit application Is within:the Oregon coastal tone,the following Certification is requited before your application can be processed.A pOblia nottoe will be lisued with the.certification statement■vhldh wUt be forwarded to the Oregon Department of Land Conservation and Development(DLCD)for Its concurrence or objection.For additional Information on the Oregon Coastal Zone Management Program,contact the department at 1175 Court Street NE,Salem, Oregon 97310 or call 503-373-0050. • CERrtEiCAT1ON`8TATEmpa I certify that;to the best Of my knowledge and belief,the proposed activity described In thus application complies with the approved Oregon Coastal Management Program end will be completed in a manner consistent with the program. PrinVType Name T le • • AppKoartt 8lgrittcm . i - .:. .`Otte. ® BIONATURE•FOR JOiNTAPPLlCATiON (ReaUIRD - Application is hereby made for the aotivNae described herein, I certify that i am familiar with the Information•containad In the application;and to the beat of my knowledge and belief,this Information Is true,complete,and accurate.Maher certify that 1'•poeiseea the authority InoludIng the neceesarylrequialte property Interest to undertake the proposed aCgvltlee. I understand that the granting of other permits by local,county,state or federal agencies does not release me from the requirement of obtaining the permits.requeslted before commencing the project.I understand that boat permits may be required before the state removal-fill permit is issued.I understand that payment of ; :•ulrod state prx cassing fee does not guarantee perrt'1tt letivanoe. . ..,. e tl.. • ) f Iv •160...... pt.' + te! � (co-applicant) ma , V AppAoalire 7i II (i\ (oo-ap ano Date I certify 1 at I ma a r' authorized agent of the applicant.Y g pP :1• It: : a 4r • -.Wetland Scientist Print/T)pe urns / Title • . A . ; /. 9•Authorized Agent Signature Dal r) SUPPLEMENTAL WETLAND IMPACT INFORMATION* (For Wetland Fills Only) Site Conditions of impact area Impact area is 0 Ocean 0 Estuary 0 River 0 Lake • Stream • Freshwater Wetland Note: Estuarian Resource Replacement is required by state law for projects involving intertidal or tidal marsh alterations.A separate Wetlands Resource Compensation Plan may be appended to the application. Has a wetland delineation been completed for this site? • Yes 0 No If yes, by whom: Pacific Habitat Services, Inc. Describe the existing Physical and biological character of the wetland/waterway site by area and type of resource (use separate sheets and photos, if necessary) South of the proposed route, the relatively level ground transitions into the northern bank of Fanno Creek. The channelized creek flows west then south. The elevation along the pipeline route is approximately 155 feet National Geodetic Vertical Datum (NGVD). The study area lies within the Fanno Creek floodplain. Most of the site is hydrologically influenced by direct precipitation and stormwater runoff from surrounding development. The western end of the site is slightly lower in elevation and subject to groundwater fluctuations associated with Fanno Creek. Site vegetation is very degraded and primarily consists of weedy herbaceous species and Himalayan blackberry thickets (Rubus discolor). Resources Replacement Mitigation Describe measures to be taken to replace unavoidably impacted wetland resources The wetland in the western end of the site is primarily composed of a mixture of pasture grasses, and therefore, restoration by soil replacement and reseeding to prevent erosion should be appropriate for this area. However, given the degraded condition of the vegetation community within the project area, additional mitigation in the form of wetland/riparian enhancement will also take place. Enhancement will occur along the north side of Fanno Creek. This area lacks vegetative structure and is dominated by weedy herbaceous species and blackberry thickets. The blackberry thickets will be mechanically removed, and approximately 0.02 acre will be planted with native shrubs. These plantings will add structure and provide increased wildlife habitat along the riparian area. 'Because this information is not necessary for a complete application,you may submit this sheet and other environmental information after submitting your application. 02/22/99 16:2? PAC HABITAT SER -+ 15038084SPo NO.689 D0: 551i Pacific Habitat Services, Inc. 9450 SW Commerce Circle,Suite 180 Wilsonville, Oregon 97070 Telephone number: (503) 570-0800 Fax number: (503) 570-0855 Transmittal Date: February 22, 1999 To: Jan Stuart,PhD FAX Number: (503) 808-4375 • U.S. Army Corps of Engineers No. of pages (including cover page): 3 From: Caroline Rim Re: Proposed sanitary sewer line project on Tax Lots 200,3300 and 3400 in Tigard, Washington County, Oregon (T1S, R1W, Sections 34, 35); U.S. Army Corps of Engineers permit application 1.D. No. 99-132. PHS Project No.: 8-1754 Jan: In regard to the proposed Pascuzzi sanitary sewer line project in Tigard, Washington County, Oregon (T1S, R1W, Sections 34, 35, Tax Lots 200, 3300, 3400), the following includes information addressing the issues which we discussed during our telephone conversation on February, 11, 1999: 1. Additional tree and shrub species to be planted within the proposed enhancement area (Figure 9), along the north side of Fanno Creek include twelve Oregon ash, six Pacific ninebark, six Pacific willow, and six Sitka willow; 2. The sewer line will consist of an 8-inch diameter PVC pipe, except at the creek crossing, where ductal iron will be used, as per Unified Sewerage Agency specifications; 3. Cofferdams will be in place for approximately one to two days maximum. During trench excavation within the stream channel, water entering the trench will be pumped into the stream on the downstream side of the dam. The cofferdams and pump will be in use only during low flow periods and nonstorm events. Work within the stream channel will only take place during the in-water work period(July 1-September 30)recommended by the Oregon Department of Fish and Wildlife. In addition, an 8-inch diameter PVC pipe will 02/22/99 16:27 PAS L HABITAT SER -) 15038084375 NO.689 P02 • cross through the upper portions Of the cofferdams, and in the event that water levels should rise above the height of the dams, the pipe will allow for fish passage from the upstream to the down stream sides of the dams. I hope this information helps clarify any questions which you may have had regarding this project. Please call me if you have any other questions or need further clarification. • 4' f _ -� �- }..gyp♦ e —r +~ StTGet 1_� _""� r E7ust g Bridg � > -- — -— S.W.I3otth Dakota -- �_ — _ m ____---/— — _, ——— ___ ---------- ---—::::_ aigt — --- • . ARM -----1111111111-!!rr; 'I Lw 1-1:11 I I I 11 0.0.1 1 • A .....„.....- 1 Aso i teS 14"Itt+9%.*". VA*, 1;:1'!' ' '..------- —_____.--- mp. 'n S ito4" .' .44.**4 v‘leg.7 I.I. Cr 1 e �,�,S�,�',���e Fanno \ D Tax Lot 200 r ......i i 1 VAT SC" / \ Tax Lot 3404 Tax Lot 3300 Trees and Shrubs Botanical Name Common Name Sirs Quantities Berberis ago Joliurn Orcioa ICYBPc L 8-24" 6 Comutsiolorifera Ftod-0ti esdogwood 16-24" 12 Finsiruulcu�fodra Oregon ash 24-36" 12 � P�iysaoarpur oapitaius Pacific ninebark l E-24" 6 Rasa pfroaarpa Clammed rose l d-24" 12 Salts lasiandre Pacific willow 12-58" 6 � Proposal sower Iine route 0 Safli t1tchrts Sit3u willow 1 Z-l8" 6 Pomatially Jurisdictional Watery of the a... . 1 . . . ... TOTAL t . 6U State boundary Potentially Jurisdictional Wetland ���I a i6 >. ProposCd Ea;SaactutiIIt (.Q2 sofa) == 1 DATE: 12/22/98 SCALE in PEET 8-1754 6 Figure 9. Proposed enhancement area fora proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington Conn. ty,Oregon(base map Provided by Harris-McMonagle Associates, Inc., 1998). Pacific Habitat Services, Inc. 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Iv ,,. _ _.......0 ert;a A (..,car N,.. lifti lig, 4,,,,, ,_10,.As.....111kNkvol • ■11....-.'"r" '''-k7,_11VW:r4V.1ff,)%7 4, tilffrilkirL.031•Ay 7 74 1 05 If alltal:. .:N.A wg"::AI* -guava,latinhl .... ,, ,.4ab.._- 'yr,. — fr • • '41, li• fr.--;�,,;, ,....1 .r 4 ;DT .±��, vi . a %„r0 r 0• W „4; N `gyp -i i <<�-' - ' �� r ill / /--_ a�,�i ,� fir ��',/1 , ; 40 4� `- �♦ t5„..‘ , 1,t,, F,Mtifir,itizr-------ems-affi-- -210,10f4,1,”. it"-Ae*., "r"711p-iliik • 1,•,?' 11) � � 7� , I ... k a %\.\. ,y,r Val ir -4 ti.f:yotipp :i..A14,___#.1s iiiirb....--.-."4-tia—tfro ;1•Zat 'Ilit 1'2W 1 Agio....___ 149; -.4W ,4r-g.:4: Q - _ ' r fi've?'....-iwr 4 ' 19-4gIrAmelefligg.... .zott _. • ..,..Igaii, • A4w+ � . �I ,-4,10 �\ / G � � l M.` ,f � ' p'% .;� ,` - 12/31/98 8-1754 Figure 1. Location and general topography of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (U.S.G.S., Beaverton, OR, 7.5 minute quadrangle, 1961 photorevised 1984). - Pacific Habitat Services, Inc. I �\_:___-------- 01 \1\ \ reo --------------------- . OATAWAN• ,fir ,\ •/i1111� sapar qv all• `' 4 ,goite'''''''. ..i' 10.4„.... � {,�, i . . 4".1111 Vitiglini •• ' A /4-4 .. .-- '---:ii.4' ism vir- - - - ! _........-A! .■*111!04.\'r*-0,;. Itil leskrAtA.Ale eiLl WI ,■101. 111101,10 .1. tv ....--• v,' _• .11..1.11■■P '= Munn elm. it, ' ulitat \ MI% ii1ePPPPii►; u iii-/st■ _ e III ■► viii` =� 1 - -1111' .. ■ i IN ■ ■EIN N■ i� A��. Uri N. " VI 11p1- UIIIHiIi !CITY OF TIGARD Wetlands Inventory '`` Unit 3 V© ♦P � LI r. �\ 1=;i(cZ Identified Wetlands ti�=M= il f Streams :' `'"_.7-e.ii .. Adirk • Public Land survey . S6<; -,,,. . •• 3 Section IDs- (%:-,.('Z'.'' •x ak "d: i��0, �® i 4s v Resource Unit Boundary t . • - '. i {A ', `e .j Sample Plot Location 41111111111110111111 t 12/31/98 • 8-1754 Figure 4. Local Wetlands Inventory information for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon(Fishman Environmental Services, 1995). • — _ J �— Eisting Bridge \---- ----1 — _ _ — � — Dakota Stree� _ _ _ — -------- ------ - ---- — — ----1-111a7_, ---------- 7::1-,.a.. .11111110.1-------- -- 15 �,�-�,_- Ate• • ,��,�4�,�,�•�,S,� Fann ° GS \ v`�O� ,p�`� / \ Tax Lot 200 I Tax Lot 3400 Tax Lot 3300 . Proposed sewer line route Potentially Jurisdictional Waters of the — . • ..—• s ' — State boundary o i e 3 Potentially Jurisdictional Wetland = IIIMI Sample Point 3 SCALE in FEET • DATE: 12/31/98 8-1754 Figure 5. Locations of potentially jurisdictional wetland, waters of the state, and sample points along a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle Associates, Inc., 1998). Pacific Habitat Services, Inc. PHs . Flaril } ■ Pacific Habitat Services,Inc. CLASS "8 " CLASS "A" sU PACE RESTO&AT I ON Holm ExCT:SS NATIVE WT'ER I AL i/r- AS SJ"ECIPIED OYER TRENCH TO ALLOW FOR SETTLENEHI • • ••••-.2.. .-.2..UfD I STUMM • I f TURDED EARTH {pW e, �'NATIrt EARTH-p_ 2/4• - 0 NATKR I AL7p__ , • • 44.► . . X04 / 1 • .. •1 4•'t•.+ . • • . l'AsIV.: t Z ...' . 4 •‘ : 1 --i- .„.....k..1.4.4.•3"• - 0 CRUSHED �.�L 4‘i.4 '• • , • , ' 112 PIPE 0.0. R00: i ■ •�• - • ` -:•mo • t PLUS b• ►• •. ••___±• 0 0 o 0 • ••.' • 0 0 rIPE • BEDDING ;•p� .•••W 0 0 0 0 • :4FP•: •..• 1/2 PIPE 0.0. PLUS 4• YIN. FOR PIPE SMALLER THAN IR' 1/2 rim 0.D. N US V WIN. KO PIPE 1L' ANo LARGJx 12/31/98 8-1754 Figure 6. Typical cross section of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon(Harris-McMonagle Associates, Inc., 1998). 111 fif g k • Y inn., iS n 1I imam) A 0, ut g / 1• ` p 8 8 r A 0 . . ,. i \ i i 5 • II 0 _J 1 Ir Ir I WM.if.,� k 1 _-N 1 iR 10r 1' , _ 1 tf Ir t • Ir j cl IN IM Avproximatc Scalc Horizontal: 1 inch=60 feet Vertical: 1 inch=6 feet IN IN g 12/31/98 '"' "" . 8-1754 Pacific Habitat Services, Inc. a I) 431— Figure 7. Cross section of the creek crossing for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (Harris-McMonagle Associates, Inc., 1998). _ _�— — _ —— +I — �� — ——_ —�—— S.W.. North Dakota Street i — — Existing Bri -- FNMA, . I iiiik3 . *At ---- _ rte '!: Ifir� � ;_ �..� fi'''r ,, ... . .. _:c., � F .....•lYl4.•IIQnati�:4��Ii��J:IIIIUr w...... f ��— I fVi m'!hhni'qi i 1 iNGO n 1" st"} ntnn•ui n ,5° c, ,. litiglow4wilt...-14.4i 4_ 'N �I�1 I)ppf;I N�hlir I1!Ah� I�h.III�Ii III�� �li��IIIi�IFIII��i��!i.'Ndb b.��..,,14�,i;I� `F•. ct 0 a �,"s,"��`* �,, Fann ° \ SO*`*i \ • Tax Lot 200 iTax Lot 3400 , Tax Lot 3300 • !. Proposed sewer line mute Potentially Jurisdictional Waters of the — f . — . . State boundary Potentially Jurisdictional Wetland = o Is 30 Proposed Wetland Impact (.01 acre) Man 1 - 110111■1 Proposed Waters of the State Impact (.03 acre) SCALE in FEET DATE: 12/31/98 r' ' ' 8— 1 754 Figure 8. Locations of proposed impacts to wetland and waters of the state for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle ., Associates. Inc.. 1998). Pacific Habitat Services, Inc. PHS 1 _ _ — 1-----------l----1 Ems gBudge y __— � — S.W.North Dakota Street __ — \-.,..,,,r2 t .. ___ i�Ggp n:r �a lunnlll!111��1�nglU�gfjiGill'�1 /0091111� ,.,Al Ak 4. �I�� �� rs� ��'aq f���Ihtfjpu!,� Mlniamirnn ,50 Ni. ,r Illf _ 1 1 rg4".gi‘%* 4 / \ Tax Lot 200 ITax Lot 3400 Tax Lot 3300 Shrubs Botanical Name Common Name Size Quantity Berberis aquifolium Oregon grape 18-24" 6 Cornus siolonifera Red-osier dogwood 18-24" 12 Rosa pisocarpa Clustered rose 18-24" ' 12 Total 30 Proposed sewer line route O \ Potentially Jurisdictional Waters of the .••. 1 i •••-■ 1 9 ■•■ State boundary Potentially Jurisdictional Wetland lb A 1 s 30 :: Proposed Enhancement (.02 acre) • 'r :`:: SCALE in FEET DATE: 12/22/98 8- 1754 Figure 9. Proposed enhancement area for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle Associates, Inc., 1998). PH5�� �� Parifir Nahitnt CPrnrirr.c Tn� w NATIONWIDE PERMIT Nationwide Permit 12 authorizes discharges of dredged or fill material associated with excavation, backfill or bedding for utility lines, including outfall and intake structures, provided there is no change in preconstruction contours. A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquefiable, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone and telegraph messages, and radio and television communication. The term "utility line" does not include activities which drain a water of the United States, such as drainage tile; however, it does apply to pipes conveying drainage from another area. This NWP authorizes mechanized landclearing necessary for the installation of utility lines, including overhead utility lines, provided the cleared area is kept to the minimum necessary and preconstruction contours are maintained. However, access roads,temporary or permanent, or foundations associated with overhead utility lines are not authorized by this NWP. Material resulting from trench excavation may be temporarily sidecast (up to three months) into waters of the United States, provided that the material is not placed in such a manner that it is dispersed by currents or other forces. The DE may extend the period of temporary side-casting not to exceed a total of 180 days, where appropriate. The area of waters of the United States that is disturbed must be limited to the minimum necessary to construct the utility line. In wetlands, the top 6" to 12" of the trench should generally be back-filled with topsoil from the trench. Excess material must be removed to upland areas immediately upon completion of construction. Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line. (See 33 CFR Part 322). Notification: The permittee must notify the district engineer in accordance with the "Notification" general condition, if any of the following criteria are met: (a) Mechanized landclearing in a forested wetland; (b) A Section 10 permit is required for the utility line; (c) The utility line in waters of the United States exceeds 500 feet; or, (d) The utility line is placed within a jurisdictional area(i.e., a water of the United States), and it runs parallel to a streambed that is within that jurisdictional area. (Sections 10 and 404) area. QUALIFICATIONS CONDITIONS Case No: 99-132 The Corps of Engineers has determined,based on available information,that the proposed work is in conformance with the enclosed terms and conditions of the authorizing Nationwide Permit(Enclosure 2)and with the following listed"Qualification Conditions". However,the permittee is responsible for verifying that his activities are and continue to be in conformance with these terms and conditions throughout the execution of the authorization. 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained to ensure public safety. 3. Aquatic Life Movements. No activity may change stream gradients or substantially disrupt the movement of aquatic life indigenous to the waterbody, including those species which normally migrate through the area,unless the activity's primary purpose is to impound water. 4. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a"study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely effect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area(e.g.,National Park Service,U.S.Forest Service, Bureau of Land Management, U.S.Fish and Wildlife Service.) 5. Tribal Rights. No activity or its operation may impair reserved tribal rights,including,but not limited to, reserved water rights and treaty fishing and hunting rights. 6. Federal Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Note: Authorization of an activity by a nationwide permit does not authorize the take of a threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with incidental take provisions,etc.)from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non-lethal takes of protected species are in violation of the Endangered Species Act. 7. State Endangered Species.No activity is authorized under any NWP which is likely to have adverse impacts to species listed by the State of Oregon as threatened,endangered or sensitive, unless approved by the appropriate state agency. 8. Historic Properties. No activity which may affect historic properties listed,or eligible for listing, in the National Register of Historic Places is authorized unless, until the DE has complied with the provisions of 33 CFR Part 325,Appendix C. 9. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent banks. 10. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized by NWP 4. 11. Mitigation. All feasible and prudent alternatives to avoid and minimize impacts to waters of the United States shall be considered. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site(i.e., on-site),unless the District Engineer approves a compensation plan that the District Engineer determines is more beneficial to the environment than on-site minimization or avoidance measures. Compensatory wetland mitigation,where practical, shall be required in accordance with Oregon guidelines for compensatory wetland mitigation. 12. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 13. Obstruction of High Flows. To the maximum extent practicable,discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water(unless the primary purpose of the fill is to impound waters). 14. Adverse Effects From Impoundments. If the discharge creates an impoundment of water,adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. 15. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 16. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 17. Local Land Use Planning. Proposed work must be consistent with local comprehensive plans and implementing ordinances. 18. Compensatory Mitigation Sites. Proposed work which would adversely impact previously required Federal or state compensatory mitigation or restoration efforts can not be authorized by a Nationwide Permit. 19. Territorial Seas. Proposed work occurring within Oregon's Territorial Sea(Base Line to 3 nautical miles offshore) is not authorized until individual coastal zone certification from DLCD is obtained. • 20. Fish Passage. The placement of culverts,diversion structures,or changes to the channel morphology must be designed to be consistent with passage standards developed by ODFW and NMFS,titled "ODFW Standards and Criteria for Stream Road Crossings". 21. Fish Habitat Enhancement. Bioengineering designs(conducive to fish usage), shall be preferred and utilized wherever appropriate. Fish habitat enhancement measures (willow sprigs in rock applications,fish resting areas, vegetative stabilization,etc.) shall also be incorporated into non bioengineering designs to the extent practicable as mitigation measures. IMPLEMENTATION CONDITIONS Case No: 99-132 The following conditions specifically address requirements which must be met during the permittee's implementation of the authorized work. 1. Work Period. All in-water work shall occur between July 1 and September 30 in accordance with Oregon Department of Fish and Wildlife's recommended in-water work period. 2. Agency Access. Permittee must provide access to the work site to representatives of the Corps of Engineers, DEQ,DLCD(for projects in the coastal zone), and ODFW during all hours of construction or operation. 3. Equipment. Heavy equipment shall not be operated in the active flowing waterway unless specifically authorized. Use of heavy equipment in waters may be authorized if necessary in the interest of safety or due to site conditions prohibiting certain work from the bank. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance 4. Erosion and Siltation Controls. Appropriate erosion and siltation controls(such as hydroseeding, filter bags, organic or fabric soil detention systems, leave strips,berms, etc.)must be used and maintained in effective operating condition during construction to protect all exposed soil, stock piles and fills from erosion. These features,as well as any work below the ordinary high water mark or high tide line, must also be permanently stabilized at the earliest practicable date. Materials shall not be placed on unstable slopes,and stockpiles shall not exceed 25 feet in height. 5. Disturbed Area Protection. Construction access roads and associated staging areas shall be protected with a gravel blanket or other suitable material to protect against erosion of sediments into waterways and wetlands. 6. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g.,trash, debris,car bodies, asphalt,etc.,)and must be free from toxic pollutants in toxic amounts. 7. Pollutants. Petroleum products,chemicals, fresh cement,construction, or deleterious waste materials shall not be allowed to enter waters or wetlands. Special attention shall be given to preventing sandblasted material and chipped paint from entering the water. Machinery refueling is to occur off site or in a confined, designated area to prevent spillage into waterways and wetlands. 8. Vegetation. Vegetation, not designated for removal or modification in the authorization,shall be protected from disturbance to the maximum extent possible and restored with native plant species when damaged or disturbed. The standard for success is 80 percent cover with native plant species that replace the habitat type lost or damaged. 9. Wetlands. Wetlands adjacent to work areas shall be clearly flagged,or otherwise appropriately identified, to prevent damage or loss of that resource. Damaged areas shall be restored to pre-work conditions. . 10. Endangered Species. Consultation regarding the Upper Willamette Winter Steelhead(Oncorhynchus mykiss) has been concluded(see attached NMFS dated April 22, 1999). If at any time during the conduct of the work authorized, the permittee becomes aware that any other Federally listed threatened or endangered species or a species proposed for such designation (as identified under the Federal Endangered Species Act)or the habitat of such species may be affected,the permittee must immediately cease activities, notify the Corps of Engineers and not re-initiate activities until approved by the Corps of Engineers. 11. Cultural Resources &Burials. If at any time during the conduct of the work authorized,the permittee becomes aware that human burials,cultural resources or historic properties(as identified under Federal historic preservation laws)be affected, the permittee must immediately cease activities, notify the Corps of Engineers and not re-initiate activities until approved by the Corps of Engineers. 12. Turbidity Testing. Turbidity shall be monitored frequently while conducting in-water work. Monitoring points shall be at locations 100 feet upstream(background)and 100 feet downstream. Measurements shall be accomplished with either a turbidimeter or visually and turbidity shall not exceed either 10%above background or be visible(if measuring visibly)at the downstream station. These limits can be exceeded for a maximum of two hours in a 24-hour period provided all practicable erosion control measures have been implemented. 13. Turbidity Reporting.The permittee shall conduct turbidity monitoring as required in the"Turbidity"condition stated above and mail the results to the Department of Environmental Quality, Executive Building, 811 SW. 6th Avenue, Portland, OR 97204,at the end of each week of operation. [This Condition is only applicable to work in WQL waters only]. 14. Other Conditions. The activity must also comply with all conditions added by the Section 401 water quality certification. 15. Compliance Certification. Permittee will complete,sign and submit the enclosed certification (Enclosure 5) regarding the completed work and any required mitigation. 16. Case Specific Conditions. - Pre-construction hydrology must be maintained by means such as trench plugs, reconstructed impervious soil layers,etc. - The topsoil(up to 12 inches in depth)shall be removed and stockpiled separately from subsurface soils and replaced at the project's completion.Disturbed areas shall be replanted with type of plants existing prior to disturbance and a survival rate of 80%shall be achieved within a 5 years following initial plantings. - All conditions presented on the second page of the NMFS letter dated April 22, 1999 are considered conditions of this permit. - The wetland and buffer mitigation and restoration shall be completed as described in Section 7.0 and 7.1 of the Wetland Delineation And Mitigation Plan, etc prepared on January 8, 1999. Compliance Certification Permit Number: Date of Issuance: Name of Permittee: I hereby certify that the work authorized by the above referenced permit, has been completed in accordance with the terms and conditions of the said permit, and that required mitigation was completed in accordance with the permit conditions, except as described below. Signature of Permittee Enc15 OI UNITED STATES DEPARTMENT OF COMMERCE �� National Oceanic and Atmospheric Administration RECEIVED s?. , NATIONAL MARINE FISHERIES SERVICE +'•T[s d APR 2 ;i ?999 Northwest Region 7600 Sand Point Way NE REGULATORY BRANCH Bin C15700, Bldg. 1 Seattle, Washington 98115-0070 April 22, 1999 Mr. Burt Paynter Corps of Engineers - Portland District P.O. Box 2946 Portland, Oregon 97208-2946 Re: Section 7 Informal Consultation for the Pascn77i Sewer Line Project along Fanno Creek, Permit App. No. 99132 Dear Mr. Paynter: The National Marine Fisheries Service (NMFS) has reviewed the request for informal consultation in your letter of February 16, 1999. -As described, the proposed action for the pipeline stream crossing occurring at Fanno Creek near Beaverton, Washington County, Oregon may affect Upper Willamette River steelhead but is not likely to adversely affect this species or its critical habitat. This consultation is undertaken under section 7(a) (2) of the Endangered Species Act (ESA) and its implementing regulations, 50 CFR Part 402. The Upper Willamette River steelhead (Oncorhynchus mykiss) occur in the proposed project area. The Upper Willamette River steelhead was listed as threatened under the ESA by NMFS (March 25, 1999, 64 FR 14517). Critical habitat has been proposed for the Upper Willamette River steelhead (February 5, 1999, 64 FR 5740) and includes the all river reaches accessible to listed steelhead in the Willamette River and tributaries above Willamette Falls plus the river reaches of the Willamette River and Columbia River downstream of the Willamette Falls. Critical Habitat consists of the water, substrate, and adjacent riparian zone. The proposal includes installing 240 linear feet of sanitary sewer line, including crossing of Fanno Creek. This project is necessary to connect expanding urban residential development to existing sewer line. The project description indicated that work will involve constructing a pipeline crossing of a stream by excavating a trench in the stream bank and bed, laying down the pipe, and backfilling the trench and burying the pipe, and restoring the stream bed and bank with appropriate erosion protection, and seeding and planting of native plants. Expected impacts include temporary loss of riparian vegetation, that may decrease stream shading and increase temperature, with potential loss of organic input and woody debris, and a temporary increase in turbidity and suspended sediment which could affect fish migration, rearing and spawning success. Impacts will be minimized by incorporating indicated conservation measures incl • • noRR ® Primed on Recycled Paper F restoring the stream bed and bank to original condition and replanting disturbed areas with native plants. As such, the Corps of Engineers concluded that the proposed work may affect, but is not likely to adversely affect the species indicated above. NMFS concurs with your determination. Our concurrence is based on: • implementing erosion protection actions including silt barriers and surface coverage for exposed areas; • conducting the work during the ODFW in-water work period; • isolating the work from actively flowing water; • improving the stream riparian area in the long term; • seeding and plant the disturbed stream banks and riparian areas with native herbs, trees, and shrubs; • the absence of indicated fish species from the immediate vicinityduring construction; • restoring the stream bed and bank to pre-construction conditions, compatible with stream morphology; and • minimal and short term turbidity increases for the project; This concludes informal consultation on this action in accordance with 50 CFR 402.14(b)(1). The Corps must reinitiate consultation if new information reveals that effects of the action may affect listed species in a way not previously considered; the action is modified in a way that causes an affect on listed species that was not previously considered; or a new species is listed or critical habitat is designated that may be affected by the action. If you have any questions regarding this letter, please contact Jim Turner of my staff at (503) 231-6894. Sincerely, WI iam Ste le, Jr. Regional Administrator 1 — — / — .—— ——.........■ — _ — ...... ....■ •....* — >l— —— ——S,W•North Dakota Street — _-- — Existing Bridge • 1— aV — -- _ ---/---- — __ — __------ ;A 4 - -- __ __---- -r _ .,. ina""1p" .■ _ ,��yq�, � �Il�����mu � 100,24(411/ Vir 4,frilIN", ..• Fanno ` ,Vg•S 4" f Tax Lot 200 I Tax Lot 3400 Tax Lot 3300 Shrubs Botanical Name Common Name Size Quantity Berberls aquiifolium Oregon grape 18-24" 6 Cornus siolonifera Red-osier dogwood 18-24" 12 Rosa pisocarpa Clustered rose 18-24" . 12 Total 30 Proposed sewer line route O I Potentially Jurisdictional Waters of the — , , . , , State boundary Potentially Jurisdictional Wetland FV, o �s ao Proposed Enhancement (.02 acre) :Z i DATE: 12/22/9$ SCALE in FEET 8- 1 754 Figure 9. Proposed enhancement area for a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle Associates, Inc., 1998). Parifir. Habitat .C •nrirPC Tn • I PPS�11/' .r" Division of State Lands Permit t' RF-16736 7T5 Summer Street NE Permit 1yra: RemovaUFill Salem, OR 97310 Waterway: Wetland/Fanno Creek 503-378-3805 County: Washington Expiration Date: March 15,2000 Corps No.: 99-132 PASCUZZI INVESTMENTS, LLC. IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM THE OPERATIONS DESCRIBED IN THE ATTACHED COPY OF THE APPLICATION, SUBJECT TO THE SPECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING GENERAL CONDITIONS: 1. This permit does not authorize trespass on the lands of others. The permit holder shall obtain all necessary access permits or rights-of-way before entering lands owned by another. 2. This permit does not authorize any work that is not in compliance with local zoning or other local, state, or federal regulation pertaining to the operations authorized by this permit. The permit holder is responsible for obtaining the necessary approvals and permits before proceeding under this permit. 3. All work done under this permit must comply with Oregon Administrative Rules, Chapter 340; Standards of Quality for Public Waters of Oregon. Specific water quality provisions for this project are set forth on Attachment A. 4. Violations of the terms and conditions of this permit are subject to administrative and/or legal action which may result in revocation of the permit or damages. The permit holder is responsible for the activities of all contractors or other operators involved in work done at the site or under this permit. 5. A copy of the permit shall be available at the work site whenever operations authorized by the permit are being conducted. 6. Employees of the Division of State Lands and all duly authorized representatives of the Director shall be permitted access to the project area at all reasonable times for the purpose of inspecting work performed under this permit. 7. Any permit holder who objects to the conditions of this permit may request a hearing from the Director, in writing,within 10 days of the date this permit was issued. 8. In issuing this permit, the Division of State Lands makes no representation regarding the quality or adequacy of the permitted project design, materials, construction, or maintenance, except to approve the project's design and materials, as set forth in the permit application, as satisfying the resource protection, scenic, safety, recreation, and public access requirements of ORS Chapters 196, 390 and related administrative rules. 9. Permittee shall defend and hold harmless the State of Oregon, and its officers, agents, and employees from any claim, suit, or action for property damage or personal injury or death arising out of the design, material, construction, or maintenance of the permitted improvements. NOTICE: If removal is from state-owned submerged and submersible land, the applicant must comply with leasing and royalty provisions of ORS 274.530. If the project involves creation of new lands by filling on state- owned submerged or submersible lands, you must comply with ORS 274.905 - 274.940. This permit does not relieve the pennittee of an obligation to secure appropriate leases from the Division of State Lands, to conduct activities on state-owned submerged or submersible lands. Failure to comply with these requirements may result in civil or criminal liability. For more information about these requirements, please contact the Division of State Lands, 378-3805. Earle A. Johnson,Manager Western Region Field Operations Oregon Division of State Lands 411V ` 0_ March 15, 1999 Authorized Signat re Date Issued Saleu11701Fonns AuthoriadoMPe nat Face.doc ATTACHMENT A Special Conditions for Material Removal/Fill Permit No. 16736 1. This permit authorizes the placement and removal of up to 130 cubic yards of material in Section 34 and 35, T1S, R1W (Wetland/Fanno Creek) for construction of a sanitary sewer improvement as outlined in the attached permit application, map and drawings. 2. Turbidity shall not exceed 10% above natural stream turbidities as a result of the project. The turbidity standard may be exceeded for a limited duration, (per OAR 340-41) provided all practicable erosion control measures have been implemented as applicable, including, but not limited to: -use of filter bags, sediment fences, silt curtains, leave strips or berms, or other measures sufficient to prevent offsite movement of soil; -use of an impervious material to cover stockpiles when unattended or during a rain event; -sediment traps or catch basins to settle out solids prior to water entering ditches or waterways; and Erosion control measures shall be maintained as necessary to ensure their continued effectiveness, until soils become stabilized. 3. Petroleum products, chemicals, or other deleterious materials shall not be allowed to enter the water. 4. Waste materials and spoils shall be placed at an approved upland disposal site and not in any unauthorized wetland areas. 5. Removal of existing woody vegetation shall be minimal. 6. In-water work shall be conducted between July 1 and September 30. 7. The shoreline of the wetland and stream riparian area shall be seeded or planted with grass and/or legumes, native shrubs and trees. Trees and shrubs shall be of the species indicated in Figure 9 to include the following species: willow and red alder. Following planting of the area, the vegetation shall be allowed to establish a natural character with minimal maintenance. The criteria for success shall be 80% survival for a period of three years. Attachment A RF 16736 Page 2 of 2 8. At the project's completion, the project area shall be returned to its original contours. 9. The issuance of this permit is conditional upon acquisition of the required Sensitive Land Permit from The City of Tigard. 10.The Division of State Lands retains the authority to require appropriate corrective actions to the site in the event the newly planted stream/wetlands are not functioning as designed within a period of three years. 11.The Division of State Lands retains the authority to temporarily halt or modify the project in case of excessive turbidity or damage to natural resources. March 15, 1999 attachmentAwest\RF-16736.doc , Division of State Lands Permit, RF-16736 ~ 775 Summer Street NE -T O T T C it Type: Removal/Fill Salem, OR 97310 ttrway: Wetland/Fanno Creek d 503-378-3805 rn Washington 1 t Date: March 15,2000 LaikiaTISUETCrV.: 99 432 IS AUTHORIZED IN ACCORDAh r VoILSSILTOETO 196.990 TO PERFORM THE OPERATIONS DESCRIBED IN THE ATTACHED COPY OF THE APPLICATION, SUBJECT-TO THE SPECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING GENERAL CONDITIONS: 1. This permit does not authorize trespass on the lands of others. The errsiit holder shall obtain all necessary access permits or rights-of-way before entering lands owned by anoth r. 2. This permit does not authorize any work that is not in compliance wi ocal zoning or other local, state, or federal regulation pertaining to the operations authorized by this •ermit. The permit holder is responsible for obtaining the necessary approvals and permits before proceedin_E•er this permit. 3. All work done under this permit must comply with Oregon A._i;strative Rules, Chapter 340; Standards of Quality for Public Waters of Oregon. Specific water quality provisions for this project are set forth on Attachment A. 4. Violations of the terms and conditions of this permit .• 'ect to administrative and/or legal action which may result in revocation of the permit or damages. Th= .:'..'t holder is responsible for the activities of all contractors or other operators involved in work done at the site or under this permit. 5. A copy of the permit shall be available at the site whenever operations authorized by the permit are being conducted. 6. Employees of the Division of State Lands and duly authorized representatives of the Director shall be permitted access to the project area at all reasonable times for the purpose of inspecting work performed under this permit. 7. Any permit holder who objects to the c.•= Vons of this permit may r est a hearing from the Director, in writing,within 10 days of the date this .$ as issued. 8. In issuing this permit, the Division of State Lands makes no re resentation regarding the quality or adequacy of the permitted project design, .1L•.`--rials, construction, or nance, except to approve the project's design and materials, as set fo o; .e permit application, satisfying the resource protection, scenic, safety,recreation, and public access requirements of ORS Chapters 196, 390 and related administrative rules. 9. Permittee shall defend and hold harmless the State of • - ion, and its officers, agents, and employees from any claim, suit, or action •r • operty damage or pers. al • ury or death arising out of the design, material, construction, or mainten. - .I the permitted improve.. mprove. -nt-• NOTICE: If remov • from state-owned submer•-• : d submersible land, the applicant must comply with leasing and royalty pr ns of ORS 274.530. If =ie project involves creation of new lands by filling on state- owned submerged or bmersible lands, you must • .ly with ORS 274.905 - 274.940. This permit does not relieve the permittee of an obligation to secure appropriate leases from the Division of State Lands, to conduct activities on st: awned submerged or submersible lands. Failure to comply with these requirements may result in civil or c • .• !!•ability. For more information about these requirements, please contact the Division of State Lands, 378-38► Earle A. Johnson,Manager Western Region Field Operations Oregon Division of State Lands I v. S . ._ March 15, 1999 Authorized Signat re Date Issued ATTACHMENT A Special Conditions for Material Removal/Fill Permit No. 16736 1. This permit authorizes the placement and removal of up to 130 cubic yards of material in Section 34 and 35, T1S, R1W (Wetland/Fanno Creek) for construction of a sanitary sewer improvement as outlined in the attached permit application, map and drawings. 2. Turbidity shall not exceed 10% above natural stream turbidities as a result of the project. The turbidity standard may be exceeded for a limited duration, (per OAR 340-41) provided all practicable erosion control measures have been implemented as applicable, including, but not limited to: -use of filter bags, sediment fences, silt curtains, leave strips or berms, or other measures sufficient to prevent offsite movement of soil; -use of an impervious material to cover stockpiles when unattended or during a rain event; -sediment traps or catch basins to settle out solids prior to water entering ditches or waterways; and Erosion control measures shall be maintained as necessary to ensure their continued effectiveness, until soils become stabilized. 3. Petroleum products, chemicals, or other deleterious materials shall not be allowed to enter the water. 4. Waste materials and spoils shall be placed at an approved upland disposal site and not in any unauthorized wetland areas. 5. Removal of existing woody vegetation shall be minimal. 6. In-water work shall be conducted between July 1 and September 30. 7. The shoreline of the wetland and stream riparian area shall be seeded or planted with grass and/or legumes, native shrubs and trees. Trees and shrubs shall be of the species indicated in Figure 9 to include the following species: willow and red alder. Following planting of the area, the vegetation shall be allowed to establish a natural character with minimal maintenance. The criteria for success shall be 80% survival for a period of three years. Attachment A RF 16736 Page 2 of 2 8. At the project's completion, the project area shall be returned to its original contours. 9. The issuance of this permit is conditional upon acquisition of the required Sensitive Land Permit from The City of Tigard. 10.The Division of State Lands retains the authority to require appropriate corrective actions to the site in the event the newly planted stream/wetlands are not functioning as designed within a period of three years. 11.The Division of State Lands retains the authority to temporarily halt or modify the project in case of excessive turbidity or damage to natural resources. • March 15, 1999 attachmentAwest\RF-16736.doc VT of. DEPARTMENT OF THE ARMY Z, PORTLAND DISTRICT,CORPS OF ENGINEERS P.O. BOX 2946 / PORTLAND,OREGON 97208-2946 April 28, 1999 Reply to =--- Attention of: Operations Division SUBJECT: Nationwide Permit Verification Case No: 99-132 Pasquale Pascuzzi 10250 SW North Dakota Street Tigard, Oregon 97223 Dear Mr. Pascuzzi: This is your Department of the Army authorization to install a sewerline across Fanno Creek near Tigard,Washington County, Oregon (Sections 34, 35 T1S/R1W). Fanno Creek is water quality limited and as such turbidity monitoring reports shall be submitted to Oregon Department of Environmental Quality (See Implementation Conditions#12 and 13, Enclosure 4). Consultation with National Marine Fisheries Service (NMFS) has been concluded and all conditions listed in their letter dated April 22, 1999 (Enclosure 6) shall be considered conditions of this permit (see Implementation Condition#16, Enclosure 4). This letter verifies that your proposed activities as presented in your application are authorized under the terms and limitations of Nationwide Permit Number 12, as described in Enclosure 2. Your activities must be conducted in accordance with the conditions presented in Enclosures 3 and 4. Failure to comply with any of the listed conditions will render your authorization invalid and could result in the assessment of civil penalties. Permits, where required, under Oregon's Removal/Fill Law, as well as other appropriate local authorizations, must also be obtained or your authorization will not be valid. This verification is valid until April 28, 2001, unless the nationwide permit expires, is modified, reissued, or revoked prior to that date. All the nationwide permits, except Nationwide Permit 26, are scheduled to be modified, reissued or revoked in February, 2002. Nationwide Permit 26 will expire on September 15, 1999. If you commence or are under contract to commence this activity before the date the nationwide permit expires, is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of the current nationwide permit. -2- If you have any questions regarding our nationwide permit authority, please contact me at the above address or telephone (503) 808-4381. Sincerely, �, , ' 0, Stu.. ,' .i. Project Manager Regulatory Branch Enclosures Copies Furnished: ODEQ (Melville) ODSL(Parks -DSL No: RF-16736) DLCD OP-GP (Black) w/application PHS (Rim) w/enclosures DEPARTMENT OF THE ARMY c 2 PORTLAND DISTRICT,CORPS OF ENGINEERS F, P.O. BOX 2946 PORTLAND, OREGON 97208.2946 ,� February 16, 1999 Reply to Attention of: Operations Division SUBJECT: Permit Application ID No: 99-132. National Marine Fisheries Service Attn: Richard Applegate 525 NE Oregon Street, Suite 500 Portland, Oregon 97232 Dear Mr.Applegate: The Portland District Corps of Engineers is evaluating an application from Pascuzzi Investments, LLC for a project on Fanno Creek near Beaverton, Washington County, Oregon (Sections 34,35 T1S/R1W). We are evaluating the proposal under our regulatory authority found in section 404 of the Clean Water Act. Upper Willamette Winter Steelhead (Oncorhynchus mykiss), proposed for listing under the Endangered Species Act, are known to occur in the Tualatin River of which Fanno Creek is a tributary. Although Oregon Department of Fish and Wildlife has documented no winter steelhead in Fanno Creek, Coho Salmon (Oncorhynchus kisutch) have been documented from the mouth to Durham Road. We intend to verify authorization of this project under Nationwide Permit 12, Utility Line Discharges. We have determined that the steelhead may be affected by the work, however we believe that this species will not be adversely affected. We are initiating early informal conferencing as required under Section 7 of the Endangered Species Act and request concurrence with our determination that this project will not likely adversely affect the steelhead. The proposed project involves the installation of approximately 240 linear feet of sanitary sewerline through 0.4 acres of wetlands and crossing of Fanno Creek. The current sewerline is connected to an older septic system with a drain field. The proposed sanitary sewerline will connect to a public sewer system instead of a drain field, and therefore, will be an improvement over the older system. A 2.5 foot wide trench will be excavated to a depth of approximately 11 to 12.5 feet deep with the excavated material sidecast to be used for backfill. The sewer alignment along the creek crossing will consist of utilizing cofferdams to dewater the trench area. Using clay plugs that will stop groundwater from flowing laterally along the pipe will prevent potential changes in the existing ground hydrology. -2- Our review indicates that no direct impacts to the fish will occur because the steelhead have not been documented within the project area. The potential adverse impacts are to water quality and include probable turbidity increases and possible temperature increases due to devegetation of the riparian area adjacent to Fanno Creek. As conservation measures the applicant has proposed to have standard erosion control measures, including filter bags, silt fencing, haybales,in place prior to construction. Special precautions will be taken to ensure that no eroded materials enter Fanno Creek. The impact area will be restored by soil replacement and reseeding to prevent erosion. Additional mitigation in the form of wetland/riparian enhancement will also take place. Enhancement will occur along the north side of Fanno Creek. This area lacks vegetative structure and is dominated by weedy herbaceous species and blackberry thickets. The blackberry thickets will be mechanically removed, and approximately 0.02 acre will be planted with native shrubs. These plantings will add structure, provide increased wildlife habitat and provide shading along the riparian area. Any in-water work will be conducted between July 1 and September 30. Implementation of these conservation measures will be made a condition of our authorization. It is our determination that the proposed project, together with the conservation measures, is not likely to adversely affect Upper Willamette Winter Steelhead. We request your concurrence with our determination. If you require further information regarding this project please contact Jan Stuart at (503) 808-4381. Sincerely, W. B. Paynter Chief, Regulatory Branch Enclosures Copies furnished: ODSL (Parks DSL No. RF-16736) PITS (Rim) Pascuzzi Investments LLC (Pascuzzi)--,-- $T OF sit ° , DEPARTMENT OF THE ARMY y, PORTLAND DISTRICT,CORPS OF ENGINEERS p P.O. BOX 2946 PORTLAND, OREGON 97208-2946 Reply to " February 16, 1999 Attention of: Operations Division SUBJECT: Permit Application No: 99-132, Wetland Determination/Delineation Report Review Check List and Portland District Corps of Engineers Response Pasquale Pascuzzi 10250 SW North Dakota Street Tigard, Oregon 97223 Dear Mr. Pascuzzi: I have completed my review of the wetland report submitted on January 27, 1999 by Pacific Habitat Services, for work on the Pasquale Pascuzzi property at Section 34,35, Township 1S, and Range 1W in Washington County and have made the following decision. Based upon the information supplied, I concur with your conclusions of the wetland(and other water) locations and estimated size of the wetlands as shown on Figure 5. Work within those areas may require a permit under Section 404 of the Clean Water Act. This wetland jurisdictional delineation is valid for a period of five years from the date of this letter or unless new information warrants revision of the delineation before the expiration date. We are currently evaluating an application for verification of Nationwide Permit 12 for the installation of a sanitary sewerline through the delineated wetland. The verification will be sent under a separate cover. For further clarification, please contact me at U.S. Army Corps of Engineers, Portland District, CENWP-OP-G, Box 2946, Portland, Oregon 97208-2946 or telephone (503) 326-5500. Sincerely, , Jan Stuart // Project Manager Regulatory Branch Copies Furnished: ODSL(Parks) EPA (Portland) CO-GA(Goudzwaard) PHS (Rim) (- l Pacific Habitat Services,Inc. I! - J' __-7.-:.:--2.1.::v 3,t64-_,,4-4-7 t' a-1 ' __ V !4::•,.�r itt►�. t ►•yil �. Ilk I„if, � e`• , - .,...... .1,--t-...;, C ,g.: ! Q t � -t SF r`' `_ .._ .,.......,.. ...4..4.4.:47 r17 .' �j,-LSi,•: ,. . c1�. lef . 4 a..e�. .c ri-- 1i �, 811I .�1 25 a�C(! ' .'1'0 Zia ......-.::.'-'*1 ---,4.-:--- 1 /Th- "<, 1 it _ ., 4.....,. ..-,,i��•�.j`1lau♦ \ .. V%+/ • .��.-j;q's�•�i n17�r�./I�� � :: :iqpJ► lsl.-LSYra�a:ir'x ,r.` P�-� • ice' -:O.A ei r l,\�,Lick��,Ni ,;.``:� _ , -f' __- �-r,,_,i.�iiii i°LT'.... 1 I `` .► 61yy�► Y� 1� . it g . \ W#7 . __,,,...ti SE•-.1•3..•,_1....=:.'1:1/ 4 sh- I IMAAL I mk. )r,:ir --",,det*,;.--- -011±,P,,,,'‘.W,---V_4;''.-c,Itf •os,,, ,,..7_1&;-, - , 4.„. ,,,:.,_....v.,,„el*: =.._........... r... .1........; ._ , . . 4_ , I. , ," I-.' - lite*.:AIFF.I-jr-41.1 res.asir;"4".. -.j-1,::..:'.-:.4 Nit iiik14011 .,... 1 � IgrAj'"a�`G ji .: :Ir7.=WWWO fi4likligliffitill,4t4 I1116---t- toni...S�`[�.2§1: f \` % • j i — =� ..aCS�•.•��..�;�'�iit•►•S i! _.� �r,� •�V.-.! �. �.� \ 'p< �,�y` is-\,..._......._11.",_. 4.>„0,e- 1 ......„,./... ..„..t.......,. , . .,...,..4.-mis,l � i , � � s � N.:,..,..,..1 „.... :,4,. ....„„,. ,„,,,-.1,7,,,,,,,, , ....- • • -.5„,,,,,,,,,, N.,. , 04... . ...., ,,.. .... „., 4. ,,, ..,,. \ eii- . .::,.:_i: 1:',,-,-.,7 liiiiiiliki , ..____ir : , -,t-I- Ioili 113".•_ ._-.:-.•-----------•■ .1797740:16Vintii$,Ai ... Ael),0' .s.„v.,4. , . ,,,-, 7-,:iiirt,,,... ini,___._,,- ---. At ,--,:;..":„Ipa„,,,t1T.;-,07- . -..9\-,-.\54 ---1- i , iiitprgie.--it,-- my, fr7;a-61tL-- _oy,-/7,,4,.:, ..1>fr- -,,..‹,\ ,,,,,,-_ .; ;::: i), '\'!(,)-L\'I'' lly"=.r:s '11674.:,.t., f- --"--1 Otypi. )Nit-r=Karr Iiiik114,, }—4' i --,a .c:—' I • ,7 T .r sri pp, I � y e ' , 0 P,2—,--=4,wrlit,ot'MO)11 010469',,-,a—ideali,-,,Q*41-41:0-74. ; . ' '''''.,-.1..... Ig 1- rcr:-.•=-A-Ige,---40/,,,ift-7,EP-3,.im i •444:11§Ihrox::. --, ir.1 mac► -�- �. ,. 12/31/98 8-1754 Figure 1. Location and general topography of a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon(U.S.G.S., Beaverton, OR, 7.5 minute quadrangle, 1961 photorevised 1984). • _ ■ _ -------/ - - ----- _ ____ _.--- — — E-----------1 _ _ t 111111 _ _ _ _ _ - :iii Existing Bridge - - - _ � _ _ _ -- - -Sw No sScree — _ — _ _ _ -- �1i,, IP Y.1 Y Y �- t .1.r ` '1#.11AAVPA _.............. ,0 1.I•. .• Co Si ti 1 p.44 teVb Co � �*St***, F a n n o Ell -----' 4"*.t. \ l Tax Lot 200 r Tax Lot 3400 Tax Lot 3300 Pr;posed sewer line route Potentially J!uisdictional Watcrs of the .� 1 . — . 1 .- State boundary 0 is 30 Potentially Jurisdictional Wetland F.414 Sample Point • 3 SCALE in FEET DATE: 12/31/98 8-1754 Figure 5. Locations of potentially jurisdictional wetland, waters of the state, and sample points along a proposed sanitary sewer line on Tax Lots 200, 3300 and 3400 in Tigard, Washington County, Oregon (base map provided by Harris-McMonagle Associates, Inc., 1998). nits Pacific Habitat Services, Inc. 1 1,- I - EX.R/W — — — — — — — I £X.R I—I CR.NO.4.f'2 UNE-'A' A * 49 F I o S_W NORTH DAKOTA ST. I pOSTiNP, BRIDGE MH.USA 010 w INSIDE DROP I - - - 1— CENTERUNE - - - - (SEE 0. b EX.EP 30.22 IF er PVC D-3034 (SEE DETAIL) —I — LINE A - _ - - _ .--- _ _ GTEPAD -`----_. DM IRR.SIGN i I--j e. /--- -- WATER VALVE VALVE BOX gyp STA.0+00 - -- _=' _Y` r!- ,' ) Y v EX.R/W - O(fH n. i _ _ . _ - - - 7 f EX. 7 GUI 3ORAIL r --Fa -- - -� 1,--EX:PVW - - E 213.27 3354"'-----.._ - „c a; "r .'•. I x pram ,x_,l', 7_.Y,.. FROi]'R/W _ UHE._A; - .-'; •���� 1 .i-'.. - ..,1 . �{—,---- -. ` -_>_ -160•^"! c,„lei ALL r" `. IE i 557 35 ',� I ,-UNE 'A' S.TAcO+ _ - _ -/- ,1• 2 IE. .10 131.4 SAN5�R �' 1 r` INSTALL 11 -- Q(.F'0r•- ) y \IE.IA 25 J .1 CONNECT TO ti FANNO CREEK G J5► SANSWR t a \ tS- 1 r:'fi -EXISTING 12•STUB I • EX.OUTFALL,,.� S\Bj 1. . t W/8.412.REDUCER / — — _ IE-152.56 OUT 4-• O (F I AND 11-1/4'BEND - - — -' — O�','L� 'ac" .°i:s".\CAA. I ( S;.,1 . \4 EX.CB I I m 7 D� . .,\ /IE.15&87 OUT I TAX MAP 1 S-1-34DA TAX MAP 1 S-1-35CB "k,"7� �o pp ' T/L3300 a T/L3400 T/L200 y Cy\ ,� • CITY OF TIGARD o '- EXISTING DRAIN FIELD- `''6 - J ---- T. Alk DAKOTA MEADOWS .. TO BE ABANDONED ` TRACT M N r. \ _ I I 111 I UNE 'A' STA.3+25.44 \ x RIM.164.40 MH.USA ,010 W/IN AD DROP �' EXISTING SEPTIC TANK NEW LATERAL . a • (TO BE REMOVED) (SEE DET r 79.08 N Ekt$� UNE // 8'PVC 0-3034 ,7• RECONNECTT (70 BETE TIO ; ZS ..... W E EX LATERAL R"�eD� f t VICINITY MAP UNE 'A' STA.4+04.50 ic NO SCALE EXISTING MANHOLE S REMOVE SUMP PUMP RECONSTRUCT MH BASE OWNER / DEVELOPER: ENGINEERS / SURVEYORS: I''=20' RIM,185.38 Ia PASQUALE PASCUZZI HARRIS-Mc ONALE I I I - EXISTING BUILDING .- 10250 SW NORTH DAKOTA ST. '2555 S.W. HALL BLVD. 0 20 40 TIGARD, OREGON 97223 TGARO, OREGON 97223 HORZ.SGVf PHONE: (503) 320-4575 PH: (503)839-3453 STANDARD SANITARY SEWER IMPROVEMENT DETAILS ma.... — — .,,_.. .�,�,I GENERAL NOTES: 1 : • F !', `� 1. ALL PIPE INSTALLATION, METHODS, AND MATERIALS •. �' ==tea 'R .., �:•=•::~Y-': I SHALL BE IN CONFORMANCE Will THE CITY OF f---��i; �- TIGARD BUILDING DEPARTMENT STANDARDS AND I1�i f' \., I` � � �� �,�- �, 's–..� THE UNIFORM BUILDING AND PLUMBING CODES. �I'�\ / r 7 Q c :: :1 w�. w. ..[..r...r- �.' °® 3' �� .. .. sAN: - \ rn '� yr.+aa.,¢rw�, I ' .. 3;r _ , , ;y� �, h :- — „�, FANNO CREEK WETLAND CROSSING NOTES: _~— - 't 1. IN WATER WORK IS ALLOWED FROM JULY 1ST TO 1 '... '�' 1. ' r 111 .i.'�.. w x. �� � LF`_RC .:' n..::` w t I . IIJPE1MI/ SEPTEMBER 30TH. wmaO� � I `'�• I ".-. y _- •." .•^a.n•. -".1jr. :....�.......+:' I•_ - - -._.•r.,;,r...�<�. �,�;., +�_. • ... •..•++ ...... ��} �•-•.oc._«,.+.••,..,w.u..r2 2. WETLAND MITIGATION IS REQUIRED. THE CONTRACTOR SHALL �.-.. �_..--.-.� �:awe...aw 1 �.u.wo sr.,:+.:au• t ! !'Sid c.r.a+ecie.a:n ss KEEP A COPY OF THE D.S.L. AND ARMY CORPS PERMIT AND THE• ��. r I� _ ,: �'""�w"' :��"0 5°"""" "c WETLAND AND DELINEATION REPORT FROM BEAK CONSULTANTS ` 1.— ��— rr w '1 ^�_•^< ONSITE AT ALL TIMES. �` � "�1 r 71^ ` 3. UPON PROJECT COMPLETION THE -ROJECT AREA SHALL BE ��� i .w..w.w..ow.,:w.:...........•..a-«.•. I�� RESTORED TO ITS ORIGINAL CONTOURS.• r "..1 AV.'Mt Kiln:w'rt,rr�.1✓J. -+•'sW wMt"-.• .:•: w /''' ..., ,may _,,.. _. ",,,,.ry r ,, -•.•:„.,..t, , 4. THE ENTIRE STREAM CORIDOR SHALL BE PROTECTED WITH SILT �LSUi�tBAM'ANO STANDARD mined RENC!± BPCKFILL s�111Msg CREEk CROSS thG r1�{ �–_y FENCES. 810–BAGS. ETC. TO PREVENT SEDIMENT LADDEN WATER ,TANDARD R `E {yllilaE FRAME AND DOVER V�� CETA(LR O® RES DRAT: V ' f•r FROM ENTERING FANNO CREEK. i MOOS a:,tn 7_ _ ..: 5. STOCKPILES SHALL BE COVERED OR OTHERWISE PROTECTED• •..-�• `-. -. MOM +1e+a _ 'w'w o.':°o-`•s owxv.aeN•.+ FROM EROSION. MANHOLE DROP DETAIL USA 1/010 MH 6. PLACEMENT OF THE COFFERDAMS SHALL MINIMIZE DISTURBANCE TO THE EXISTING STREAM CHANNE:.'BANKS. KWH SCALE REFERENCE INFORMATION AND NOTES: HARRIS–DESARIED Or IB 9�''' prx Ed'1'ip JON I".20 ASSOCIATES, INC. �° e.see Fir r 1 PASCUZZI DOC . ENGINEERS-SURVEYORS RIM PASQUALE PASCUZZI PAS-SAN . 12555 S.W. HALL BLVD. Cff-GC" ucrxm 10250 SW NORTH DAKOTA ST. WELT TIGARD, OR 97223-6287 -4. JOH TIGARD, OREGON 97223 PRIVATE SANITARY SEWER- 1 REV. ,:e.,0. ' s8 NPR. MR PHONE: (503) 539-3453 ''Agra a 0,�'"e act PHONE: (503) 320-4575 REFER TO TRACING FOR LATEST REVISION FAX: (503) 539-1232 PLAN AND DETAILS slaws asc xro,1m 09/10/98 ar 2 0 m e>o 1.4 -I z m< � N o 1.4 + o u■uunuuuuuuuuunununn I pz A 's8 a 2 S i 0 z S t S N i S a Si + RIM.155.40 UNE 'A' STA.0+00 EX.MH 1 1E.142.91 IN (E) �� UNE 'A' STA.0+05 8 CONNECT TO EXISTING 12-STUEI A tiN 9SS, W/8'x12' REDUCER AND 11-1/4N ORI Z.BEND 0 IE.143.12 OUT (W) 't! UNE 'A' STA.0+35.22 P1 + INSTALL 11 1/419END z 1 I x 1 K 1 > I -1 1 0 1 z 1 > 1 z 1 0 I . C 1 O !qs i s y UI • � B lo 1 S12 ! I g‘^ I gCl 1 1 IA 1 N 1 g ot 1 A > Z ■ '-I_ 1 D griSi fIANS 'o i' Wg7'f r ��{� p� o I FANNO CREEK - M Z 1 I `1 m ,�" ° CREEK CROSSING m Wig hr I. _. USA.DTL /270-SA m ny V 0 f A. e• (.144.40 OUT(IA, t i ---LINE 'A' 5TA.2+48.49 = O_ 11 1E153.10 IN (51 MH.USA #010 W/INSIDE DROP r RIM.160.U3i m A O p 0, s g 0. g o A7 o a ITI \1' .nyrN (I) m, IE.153.87 OUT (N) LINE 'A' STA.2+25.441- (.160,50 IN (5) MH.USA 1010 W/INSIDE DROP E -"r°o o UNE 'B' LAT RIM.164.50t '° EX.EP N o g 0 I �� u� lass 1 �N � r -2 w 'a e' No e1 S c' /!! - 1E154.66 OUT (W) ___ __.. 14 (E) —{ "` __ ~. = ___ — - mac. UNE 'A' STA.4+04.50 EXISTING MANHOLE 11E154.86 RIM.165.36 MI C + + N O O + Q M D z n F> moo C -< N m N * - m xi NN CITY OF TIGARD Community)Development Shaping)1(Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS =11/10/99 FILE NO.: SENSITIVE LANDS REVIEW(SLID 1999-00006 FILE TITLE: PASCUZZI SEWER LINE EXTENSION OWNER/ Pascuzzi Investment PLANNING CONSULTANT: Spencer Vail APPLICANT: 10250 SW North Dakota 4505 NE 24th Avenue Tigard, OR 97223 Portland, OR 97211 REQUEST: A request for Sensitive Lands/Water Resources Overlay approval to extend a sewer line across Fanno Creek. LOCATION: The address of the property to be served by the sewer line extension is 10250 SW North Dakota Street; WCTM 1S134DA Tax Lot 3400 and 1S135CB Tax Lot 0200. ZONES: R-12 (Medium Density Residential) and I-P (Industrial Park) with Water Resources Overlay. APPLICABLE Community Development Code Chapters 18.390 (Decision Making Procedures); 18.775 REVIEW (Sensitive Lands); and 18.797 (Water Resources Overlay District). CRITERIA: CIT AREA: East & Central CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: COMMENTS SENT: WEDNESDAY JULY 14,1999 DUE: WEDNESDAY JULY 28,1999 ❑ STAFF DECISION DATE OF DECISION: © HEARINGS OFFICER DATE OF HEARING: AUGUST 23,1999 _ TIME: 7:00 Cl PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 ❑ CITY COUNCIL DATE OF HEARING: TIME: 7:30 PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION II VICINITY MAP CI NARRATIVE ID WETLANDS DELINEATION & ❑ ARCHITECTURAL PLAN O SITE PLAN II STATE/FEDERAL PERMITS MITIGATION PLAN ❑ STAFF CONTACT: Julia Hajduk, Associate Planner (503) 639-4171 Ext. 407 PRE - APPLICATION CONFERENCE NOTES V • Il --- ' ' Ileillill""TW'.4"7"4 .1.. Ce.' -.:t.."•,:',=44.„... . 4 "10:- *,''.:4:77-4,:::::;:: ---------,- 'AI 1 ..,, , .,. ;,:1,:,/... ..-,. ' ,,„...,--„ tZeti ,ts,.;;;?., �,-aSx its- �Fa �&T�r�pi+.-._�d � „sr . 4 ,{ - xw..� .a. +N � �.o� x�l ' ` '*PLIC 0 CON ��-C ES- . . : RD a0tla s ..,.. -,t �..- ax r .. .- D .,.4°' e-,...--A., .. 1,. 'i7 :..a t�:4'- a - COmmuluty—' -1- '„1ItC1:^77. [Pre;Anplica ee rig' otes ae Yalld:forASix 16)Months) -- p` A ' G� Q NON-RESIDENTIAL _ PRE-APP.MTG.DATE: 9--A9-- � a STAFF AT PRE-APP.: r APPLICANT: R 5 1.9h Pi$cJ2z r. AGENT: Phone:[ l 3 9-X 89/ Phone: I I PROPERTY LOCATION: ADDRESS/GEN.LOCATION: I $( 311 A -34/4=12 4-i ci /5/3,5-CB - 02-00 TAX MAPISI/LOT#[S1: d , NECESSARY APPLICATION[Sl: Ss `o c� , Vc s v7er./ PROPOSAL DESCRIPTION: fie/€4Q/,OrAv.�e SIB/-✓ter j:� gcro ss /204c e�lc // COMPREHENSIVE PLAN MAP DESIGNATION: T- P -* g- )2- ZONING MAP DESIGNATION: T Q�e-i' 0 4-/Z 1. CJ.T.AREA 6 524 FACILITATOR: PHONE: [5031 ZONING DISTRICT DIMENSIONAL REQUIREMENTS MINIMUM LOT SIZE: sq. ft. Average lot width: ft. Maximum building heigh ` t: ft. Setbacks: Front ft. Side ft. Rear ft. Corner ft. from is reet. MAXIMUM SITE COVERAGE: % Minimum landscaped or natural vegetation area: %. [Refer to Code Section 18. 1 ADDITIONAL LOT DIMENSIONAL REQUIREMENTS MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15- foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'-- TIMES THE AVERAGE WIDTH, unless the parcel is less than 1 times the minimum lot size of the applicable zoning district. [Refer to Code Section 18.164.060-Lots] CITY OFTICAIID Pre-Appncatton Conference Notes Page 1 01 10 MOM-Ilesldeetlal Atallcatlea/PIUaeoo Mimi Settles •_ . SPECIAL SETBACKS • STREETS: feet from the centerline of > ESTABLISHED AREAS: feet from • • LOWER INTENSITY ZONES: feet, along the site's boundary. FLAG LOT: 10-FOOT SIDE YARD SETBACK. [Refer to Code Section and 18.96] SPECIAL BUILDING HEIGHT PROVISIONS BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: • A maximum building floor area to site area ratio (FAR) of 1.5 to 1 11 exist; • All actual building setbacks will be at least half (V1) of the buildin s height; and • The structure will not abut a residential zoned district. [Refer to Code Section 18.98.020] PARKING AND ACCESS REQUIRED parking for this type of use: Parking SHOWN on preliminary plan(s): SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): NO MORE THAN 40% of required spaces may be designated and/or dimensioned as compact spaces. PARKING STALLS shall be dimensioned as follows: • Standard parking space dimensions: 8 feet, 8 inches x 18 feet. • Compact parking space dimensions: 8 feet x 15 feet. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3) feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. [Refer to Code Section 18.106.020] Handicapped Parking: • All parking areas shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISABLED PERSON PARKING spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. • BIC LE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL D ELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and convenient locations. Bicycle parking spaces shall be provided on the basis of one space for every fifteen (15) required vehicular parking spaces. Minimum number of accesses: Minimum access width: Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: [Refer to Code Section 18.106 and 18.1081 CITY OF TIGMD Pre-Application Conference Notes Page 2 of 10 NUN-lttlltttltl AtNllettltt/flttdtl IMslt■Section WALKWAY REQUIREMENTS WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM 'HE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutions and industrial uses, to the streets which provide the required access and egress. Walkways shall rovide convenient connections between buildings in multi-building commercial, institutional, and ' dustrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. [Refer to Code Section 18.108.050) LOADING AREA REQUIREMENTS Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. [Refer to Code Section 18.106.070-0901 CLEAR VISION AREA The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE AND EIGHT FEET IN HEIGHT at road/driveway, road/railroad, and road/road ipiersections. The size of the required clear vision area depends upon the abutting street's functional classification. [Refer to Code Section 18.1021 BUFFERING AND SCREENING In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas pust be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achievie a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. [Refer to Code Chapter 18.1001 The REQUIRED BUFFER WIDTHS which are applicable to your proposal area are as follows: feet along north boundary. feet along east boundary. feet along south p6undary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: . LANDSCAPING STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as II as driveways which are more than 100 feet in length. Street trees must be placed either withi the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Stre ire must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width pf the proposed tree species at maturity. Further information on regulations affecting street trees m O be obtained from the Planning Division. A MINIMU OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and ar nd all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. For detailed information on design requirements for parking areas and accesses. [Refer to Code Chapters 18100,18.106 and 18.1081 CITY OFIIGARO Pre-Application Conference Notes Page 3 0111 MIN-le llastlal AaallcatlauRlaaa]af CM loa Soctloa SIGNS SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION- NY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may-be-permitted if the sign proposal is reviewed as part of a development reviewa.pplication. Alternatively, a Sign Code Exception application may be filed for review before the Wearings Officer. (Refer to Code Section 18.1141 SENSITIVE LANDS The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive lands areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.84 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. [Refer to Code Section 18.841 STEEP SLOPES When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.84.040.B. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of 18.84.040.B.2 and 18.84.040.B.3. UNIFIED SEWERAGE AGENCY[USA)BUFFER STANDARDS,R&0 96-44 LAND DEVELOPMENTADJACTI TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR SHALL BE A MINIMUM OF 25-FEET-WIDE, measured horizontally, from the defined boundaries of the sensitive area, except where approval has been granted by the Agency or City to reduce the width of a portion of the corridor. If approval is granted by the Agency or City to reduce the width of a portion of the vegetated corridor, then the surface water in this area shall be directed to an area of the vegetated corridor that is a minimum of 25 feet wide. The maximum allowable encroachment shall be 15 feet, except as allowed in Section 3.11.4. No more than 25 percent of the length of the vegetated corridor within the development or project site can be less than 25 feet in width. In any case, the average width of the vegetated corridor shall be a minimum of 25 feet. Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as allowed below: > A GRAVEL WALKWAY OR BIKE PATH, NOT EXCEEDING 8 FEET IN WIDTH. If the walkway or bike path is paved, then the vegetated corridor must be widened by the width to the path. A paved or gravel walkway or bike path may not be constructed closer than 10 feet from the boundary of the sensitive area, unless approved by the Agency or City. Walkways and bike paths shall be constructed so as to minimize disturbance to existing vegetation; and CITY OF TIGARO Pro-Application Conference Notes Page 4 of 10 NONaesldeatlel AaY(Icatlee/J'Ieneleg OMsloe Section D WATER QUALITY FACILITIES may encroach into the vegetated corridor a maximum of 10 feet with the approval of the Agency or City. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. [Refer to R&0 96-44/USA Regulations-Chapter 3,Design for SWM) WATER RESOURCES OVERLAY DISTRICT The W SOURCES 1,\)A/R) OVERLAY DISTRICT implements the policies of the Tigard omprehensive Plan and is intended to resolve conflicts between development and conservation of significant wetlands, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear and objective standards to: protect significant wetlands and streams; limit development in designated riparian corridors; maintain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. Safe Harbor: The WR OVERLAY DISTRICT ALSO MEETS THE REQUIREMENTS OF STATEWIDE PLANNING GOAL 5 (Natural Resources) and the "safe harbor" provisions of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. The Tualatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1000 cfs. Major Streams: Streams which are mapped as "FISH-BEARING STREAMS" by the Oregon Department of Forestry and have an average annual flow less than 1000 cubic feet per second (cfs). > Major streams in Tigard include FANNO CREEK, ASH CREEK (EXCEPT THE NORTH FORK AND OTHER TRIBUTARY CREEKS) AND BALL CREEK. Minor Streams: Streams which are NOT "FISH-BEARING STREAMS" according to Oregon Department of Forestry maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain short tributaries of the Tualatin River. Riparian Setback Area: This AREA IS MEASURED HORIZONTALLY FROM AND PARALLEL TO MAJOR STREAM OR TUALATIN RIVER TOP-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WETLAND, whichever is greater. The riparian setback is the same as the "riparian corridor boundary" in OAR 660-23- 090(1)(d). • The standard TUALATIN RIVER RIPARIAN SETBACK IS 75 FEET, unless modified in accordance with this chapter. • The MAJOR STREAMS RIPARIAN SETBACK IS 50 FEET, unless modified in accordance with this chapter. D ISOLATED WETLANDS AND MINOR STREAMS (including adjacent wetlands) have no riparian setback; however, a 25-foot `water quality buffer" is required under Unified Sewerage Agency (USA) standards adopted and administered by the City of Tigard. [Refer to Code Section 18.85.010] CITY OF TIGARD Pre-Application Conference Notes Page 5 fill NON-letldoetlal Aoullatloi/Ploealui OMslau Section Riparian Setback Reductions The DIRECTOR MAY APPROVE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR ANY MAJOR STREAM RIPARIAN SETBACK BY AS MUCH AS 50% to allow the placement of structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better protection for identified major stream resources is ensured through streambank restoration and/or enhancement of riparian vegetation in preserved portions of the riparian setback area. Eligibility for Riparian Setback in Disturbed Areas. TO BE ELIGIBLE FOR A RIPARIAN SETBACK REDUCTION, the applicant must demonstrate that the riparian corridor was substantially disturbed at the time this regulation was adopted. This determination must be based on the Vegetation Study required by Section 18.85.050.0 that demonstrates all of the following: Native plant species currently cover less than 80% of the on-site riparian corridor area; • The tree canopy currently covers less than 50% of the on-site riparian corridor and healthy trees have not been removed from the on-site riparian setback area for the last five years; • That vegetation was not removed contrary to the provisions of Section 18.85.050 regulating removal of native plant species; ? That there will be no infringement into the 100-year floodplain; and The average slope of the riparian area is not greater than 20%. [Refer to Code Section 18.85.100) TREE REMOVAL PLAN REQUIREMENTS A TREE PAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, major partition, site development review, planned development or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: • Identification of the location, size and species of all existing trees including trees designated as significant by the City; Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.150.070.D. according to the following standards: • Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.150.070.D; b Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.150.070.D; • Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; Identification of all trees which are proposed to be removed; and • A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.150.070.D. (Refer to Code Section 18.150.0251 CITY OF TICARD Pre-Application Conference Notes Page 6 of 11 NOM-lash) etlal Aullatlee/Plautoi CMslea Sectlu MITIGATION REPLACEMENT OF A TREE shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: ➢ The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. [Refer to Code Section 18.150.010[Dl IARRATIVE The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. [Refer to Code Section 18.32) CODE SECTIONS _ 18.80 _ 18.92 _ 18.102 _ 18.116 18.150 _✓18.84 _ 18.96 18.106 _ 18.120 18.160 4-/ 18.85 _ 18.98 _ 18.108 _ 18.130 18.162 _ 18.88 _ 18.100 _ 18.114 _ 18.134 18.164 IMPACT STUDY As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. [Refer to Code Chapter 18.32,Section.0501 CITY OF 11GARO Pre-Applcatlon Conference Notes Page 1 of 1 I MOM-Isslisetlal NrlIcatlnRlaulau OhA:laa Sacuos WHEN A CONDITION OF APPROVAL REQUIRES TRANSFER TO THE PUBLIC OF AN INTEREST IN REAL PROPERTY, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. (Refer to Code Chapter 18.32,Section.250) NEIGHBORHOOD MEETING --SHE-APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 250 FEET AND THE APPROPRIATE CIT FACILITATOR AND THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S) of their proposal. A minimum of 2 weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. (Refer to the Neighborhood Meeting Handout] SUBDIVISION PLAT NAME RESERVATION PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with_the.-6i of Tigard, applicant's are required to complete and file a subdivision_patnartlirrg"request with the Washington County Surveyor's Office in order t4_.obtain--approvaVreservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from County of the Subdivision Name Reservation. aunty Surveyor's Office: 503-648-88841 BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED.) RECYCLING Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL-OF OF SITE SERVICING COMPATIBILITY with Pride Disposal's vehicles. CONTACT PERSON: Lenny Hing with Pride Disposal at (503) 625-6177. (Refer to Code Section 18.1161 CITY OF TICARO Pre-ApplIcatlon Conference Notes Page II of 18 NONaosIdoptlsl Rppltcstlop/Plicolog OMsloo Suction ADDITIONAL CONCERNS OR COMMENTS: Rtvlkc J SLR C rov,c%d A GcA{2r ASz:vrcc.5 /1C/tr/q7 A0(% (.70,1%)e W-14 441 DevdoiorKs-e21 (1141- Obi l'.■ OsL 444170t" A.-My(o rhos pry/1-3 orci ra ' /i, •,,g � Va Art. )b• a 13(1'ar e. • /}1or'e 'a v / PROCEDURE Administrative Staff Review. V Public hearing before the Land Use Hearings Officer. acqkge. /X ts /ooy€et grin:74; Public hearing before the Planning Commission. -$ F4nd,,,,� Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. PLICATION SU AL PROCESS PPLI ATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other week days. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1), 81/2" x 11" map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-20 day public appeal eriod follows all land use decisions. An appeal on this matter would be heard by the Tigard C/ Co��c. . A basic flow chart which illustrates the review process is available from the Planning Division upon request. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. CITY OF TIGARD Pre-Application Conference Notes Page 9 of 11 MOM-ls Ideatlal4ollciUea/Plaaalag DMiloa Section! PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED DY: CITY OFTIGARDPLANNING DIVISION - STAFF PERSON HOLDING PRE-APP.MEETING PHONE (5031639-4111 FAX: [5031684-7297 E-MAIL (staff's first name)@cLbigard.or.us • 1:Veali attylaastanlrnapp-crost Ifnglausrlae Sactlaa:mastarslpnaap-c.sagl Updated: 26-May-91 CITY OF TIGARD Pro-Application Conference Notes Page 10 of 10 WON-Issldaatlal laallcatloa/Plaanlaa EMslaa Section CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST ,L •�I�i� CITY OF TIGARD The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what Is required to be submitted with your application. This sheet MUST be returned and submitted with all other applicable materials at the time you submit your land use application. See your application for further explanation of these items or call the City of Tigard Planning Division at (503) 639-4171. Staff: J 4 Date: 9- 029- 95 APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE ✓MARKED ITEMS!! A) Application form (1 copy) B) Owner's signature/written authorization ' rEr- C) Title transfer instrument/or grant deed D) Applicant's statement Q No. of Copies c2-1' E) Filing Fee $ [l SITE-SPECIFIC MAP(S)/PLAN(S) SUBMITTAL REQUIREMENTS INCLUDE ./ MARKED ITEMS A) Site Information showing: No. of Copies 1. Vicinity map 2. Site size & dimensions 3. Contour lines (2 ft at 0-10% or 5 ft for grades > 10%) 4. Drainage patterns, courses, and ponds 5. Locations of natural hazard areas including: 0 (a) Floodplain areas ° (b) Slopes in excess of 25% (c) Unstable ground (d) Areas with high seasonal water table �a- (e) Areas with severe soil erosion potential (fl Areas having severely weak foundation soils 6. Location of resource areas as shown on the Comprehensive Map Inventory including: (a) Wildlife habitats ° (b) Wetlands 7. Other site features: (a) Rock outcroppings 0 (b) Trees with 6" + caliper measured 4 feet from ground level s�- 8. Location of existing structures and their uses 9. Location and type of on and off-site noise sources ° 10. Location of existing utilities and easements 11 . Location of existing dedicated right-of-ways Y a LAND USE APPLICATION,LIST PACE 1 OF 5 B) Site Development Plan Indicating: No. of Copies 1. The proposed site and surrounding properties 2. Contour line intervals 3. The location, dimensions and names of all: (a) Existing & platted streets & other public ways and easements on the site and on adjoining properties o- . (b) Proposed streets or other public ways & easements on the site (c) Alternative routes of dead end or proposed streets that require future extension ❑ 4. The location and dimension of: (a) Entrances and exits on the site ❑ (b) Parking and circulation areas ❑ (c) Loading and services area ❑ (d) Pedestrian and bicycle circulation (e) Outdoor common areas ❑ (1) Above ground utilities ❑ 5. The location, dimensions & setback distances of all: (a) Existing permanent structures, improvements, utilities, and easements which are located on the site and on adjacent property within 25 feet of the site (b) Proposed structures, improvements, utilities and easements on the site 6. Storm drainage facilities and analysis of downstream conditions 7. Sanitary sewer facilities 8'- 8. The location areas to be landscaped 9. The location and type of outdoor lighting considering crime prevention techniques ❑ 10. The location of mailboxes ❑ 11 . The location of all structures and their orientation ❑ 12. Existing or proposed sewer reimbursement agreements ❑ C) Grading Plan Indicating: No. of Copies The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1. The location and extent to which grading will take place indicating: (a) General contour lines ❑ (b) Slope ratios ❑ (c) Soil stabilization proposal(s) ❑ (d) Approximate time of year for the proposed site development ❑ 2. A statement from a registered engineer supported by data factual substantiating: (a) Subsurface exploration and geotechnical engineering report ❑ (b) The validity of sanitary sewer and storm drainage service proposals ❑ (c) That all problems will be mitigated and how they will be mitigated ❑ LINO USE APPLICATION I LIST PAGE 2 OF 5 D) Architectural Draa...gs Indicating: No. of Copies The site development plan proposal shall include: 1. Floor plans indicating the square footage of all structures proposed for use on-site 2. Typical elevation drawings of each structure E) Landscape Plan Indicating: No. of opies The landscape plan shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: 1. Description of the irrigation system where applicable ❑ 2. Location and height of fences, buffers and screenings ❑ 3. Location of terraces, decks, shelters, play areas, and common open spaces ❑ 4. Location, type, size and species of existing and proposed plant materials a 5. Landscape narrative which also addresses: (a) Soil conditions ` ❑ (b) Erosion control measures that will be/used ❑ F) Sign Drawings: ❑ Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of the Site Development Review or prior to obtaining a Building Permit to construct a sign. , G) Traffic Generation Estimate: ❑ H) Preliminary Partition/Lot L. e Adjustment Map Indicating: No. of Copies 1. The owner of the .ubject parcel a 2. The owner's autrorized agent . ❑ 3. The map scale 20,50,100 or 200 feet-1) inch north arrow and date 0 4. Description • parcel location and boundaries ❑ 5. Location, width and names of streets, easements and other public ways wit 'n and adjacent to the parcel ❑ 6. Locatio of all permanent buildings on and within 25 feet of all prope - lines ❑ 7. Loca on and width of all water courses o 8. Lo :tion of any trees within 6" or greater caliper at 4 feet above _ '.und level a 9. ;All slopes greater than 25% a 10.1 Location of existing utilities and utility easements ❑ 1 1. For major land partition which creates a public street: (a) The proposed right-of-way location and width ❑ (b) A scaled cross-section of the proposed street plus any reserve strip ❑ 12. Any applicable deed restrictions a 13. Evidence that land partition will not preclude efficient future land division where applicable ❑ LAND USE APPLICATION J LIST PAGE 3 OF 3 I) Subdivision Prelims. ..y Plat Map and Data Indicating: No. of Copies 1 . Scale equaling 30,50,100 or 200 feet to the inch and limited to one phase per sheet ❑ 2. The proposed name of the subdivision ❑ 3. Vicinity map showing property's relationship to arterial and collector streets ❑ 4. Names, addresses and telephone numbers of the owner, developer, engineer, surveyer and designer (as applicable) ❑ 5. Date of application ❑ 6. Boundary lines of tract to be subdivided ❑ 7. Names of adjacent subdivision or names of recorded owners of adjoining parcels of un-subdivided land ❑ 8. Contour lines related to a City-established benchmark at 2-foot intervals for 0-10% grades greater than 10% ❑ 9. The purpose, location, type and size of all the following (within and adjacent to the proposed subdivision): (a) Public and private right-of-ways and easements a (b) Public and private sanitary and storm sewer lines a (c) Domestic water mains including fire hydrants a (d) Major power telephone transmission lines (50,000 volts or greater) a (e) Watercourses ❑ (f) Deed reservations for parks, open spaces, pathways and other land encumbrances ❑ 10. Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans a 11 . Plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants a 12. Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ 13. Scaled cross sections of proposed street right-of-way(s) ❑ 14. The location of all areas subject to inundation or storm water overflow a 15. Location, width & direction of flow of all water courses & drainage-ways a 16. The proposed lot configurations, approximate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots. o 17. The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and the location of proposed tree plantings a 18. The existing/ses of the property, including the location of all structures and the present uses of the structures, and a statement of which structures are to rerriain after platting a 19. Supplemental information including: (a) Proposed deed restrictions (if any) 0 (b) Proof of property ownership a (c) A proposed plan for provision of subdivision improvements a 20. Existing natural features including rock outcroppings, wetlands & marsh areas a 21 . If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application a LANO USE APPLICATION if LIST PAGE 4 OF 5 J) Solar Access Calculations: ❑ K) Other Information No. of Copies ❑ h:Vo gi n\patry4nas tersV<itl ist.mst May 23,1995 LAND USE APPLICATION./LIST PACE 5 OF 5 PRE-APPLICATION CONFERENCE NOTES , ENGINEERING SECTION Q Cam City of nityuaDevelopment Shaping A Better Community 1 5 l z5S CIS it Zoo PUBLIC FACILITIES sk DP, C sz- Tsn The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: ( ) to feet from centerline. ( ) _ to feet from centerline. ( ) to feet from centerline. ( ) to feet from centerline. Street improvements: ( ) street improvements will be necessary along to include: ❑ feet of pavement ❑ cori rete curb ❑ storm wers and other underground utilities ❑ -fo t concrete sidewalk ❑ street trees ❑ street signs, tra is control devices, streetlights and a two-year streetlight fee. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 6 Engineering Department Section ' ( ) stre€ Iprovements will be necessary alor , • to include: ❑ feet of pavement ❑ concrete curb storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ( ) st et improvements will be necessary along , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ( ) __ street improvements will be necessary along , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ( ) Section ;164.120 of the Tigard Municipal Code (TMC) requires all overh ad utility lines adjace�r t to a szlevelopment to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is id even if the utility lines are on the opposite side of the street from the site. If the fee ' - ieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that contains the erhead lines. There are existing overhead utility lines which run a 'scent to this site along SW . Prior to , the applicant shall either place these utilities underground, or pay the fee i ieu des ribed above. CITY OF TIGARO Pre-Application Conference Notes Page 2 of 6 Engineering Department Section In some cases, where stret nprovements or other necessary p c improvements are not currently • practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonsate against the formation of a local improvement district. The following street improvements may,tfe eligible for such an agreement: (1.) 7 . (2.) Sanitary Sewers: 0'44 T The nearest sanitary sewer line to this property is a(n) inchvline which is located i 64E. Sir.: Aa). -T {-,64JN> G2c�1` . The-proposed dev neeted to a. r. opei's respensibilitylo A ?L..,..,.rr f 5 -r— � 4 (...it, (. ccs -1-C.. Is i S4-1)A) to ` ,/6 --(i_ Zoo(lSi ; c--) . U 5A ( .� . F.-gBi 7' A 1.N4 PR,./art. u.. c41-n5u.,lI t=svbJ._ T.,.rD Par--ub.,) . AtFt-V.-o r, IAA u._ t4,-4g -r. -4-3T12,x-'1" -Ike- Sfct k1_ t-i k oK A P' -1'-- '-+^e 4 To Ti,F L T 200. G.,14 t AA a -roe. Tv P TrFS/ "T�6t.-1 C.y...p gN -r 0" AS A MOTs. L4 i.,E . -iti,_ Water Supply: t ' t�tt..e- 5., +�.s 4„ 66441>'-' • The _ - - Phone:(503) provides ublic water service in the area of this site. This service provider should be acted for information regarding water supply foryo1.tr-pr6iposed development. Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526-2469) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Sto Sewer Improvements: All propo ed development within the City shall be designed such that storm water runoff is conveyed to an appr ved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff)r6m upstream properties when fully developed. A downstream analysis will also likely be ne ssary to determine if runoff from the proposed development will cause adverse impactsthe existing storm system downstream of the site. Stor Water Quality: The Cit has agreed to enforce Surface Water Management (SWM) regulati ns established by the Unified Sewerage Agency (USA) (Resolution and Order 6:91-47, as amended by R&O 91-75) ich requires the construction of on-site water quali ilities. The facilities shall b designed t emove 65 percent of the phosphorus contained in - 00 percent of the storm water runoff g rated from newly created impervious surfaces. The resolution contains a provision that wou ow an applicant CITY OF TIGARO Pre-Application Conference Notes- Page 3 of 6 Engineering Department Section • to pay a fee in-lieu of cons sting an on-site facility provided sF 9c criteria are met. The City will • use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based pon the amount of new impervious surfaces created; for every 2,640 square feet, or portion there f, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall b submitted with the development application. It is anticipated that this project will require: ( ) Constructio of an on-site water quality facility. ( ) Payment of the e in-li . Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. TRAFFIC IMPACT FEES In 't 0, Washington County adopted a county-wide Traffic Impact e (TIF) ordinance. The Traffic Impact a program collects fees from new development bas on e development's projected impact upon e City's transportation system. The applicant shall be requir d to pay a fee based upon the number of to which are projected to result from the proposed development. The calculation of the TIF is based on t roposed use of the land, the size of the project, and a neral use based fee category. The TIF shall be calculated at the tire of building permit iss nce. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. PERMITS Engineering Department Permits: Any work within a public right-of-way in the City of Tigard requires a permit from the Engineering Department. There are two types of permits issued by Engineering, as follows: Street Opening Permit (SOP). This permit covers relatively minor work in a public right-of-way or easement, such as sidewalk and driveway installation or repair, and service connections to main utility lines. This work may involve open trench work within the street. The permittee must submit a plan of the proposed work for review and approval. The cost of this type of permit is calculated as 4% of the cost of the work and is payable prior to issuance of the permit. In addition, the permittee will be required to post a bond or similar financial security for the work. CITY OF TIGARD Pre-Application Conference Notes Page 40l6 Eoglneering Department Section • Compliance Agreert (CAP). This permit covers more .ensive work such as main utility - g9 line extensions, street improvements, etc. In subdivisions, this type of permit also covers all grading and private utility work. Plans prepared by a registered professional engineer must be submitted for review and approval. The cost of this permit is also calculated as 4% of the cost of the improvements, based on the design engineer's estimate, and is payable prior to issuance of the approved plan. The permittee will also be required to post a performance bond, or other such suitable security, and execute a Developer/Engineer Agreement which will obligate the design engineer to perform the primary inspection of the public improvement construction work. Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s), the work shall be deemed complete and satisfactory by the City in writing. The permittee is responsible for the work until such time written City acceptance of the work is posted. NOTE: If an Engineering Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. CITY OF TIGARO Pre-Application Conference Notes Page 5 of 6 Engineering Department Section • • GRADING PLAN REQUIREMENTS Ea JBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: 9I1/6 ENGINEERING DEPAR ENT STAFF Phone: [503)639-4171 Fax: [503)684-7297 h:\patty\masters\preapp.eng (Master section:preapp-r.mst) 01-Sept-98 CITY OF TIGARO Pre-Application Conference Notes Page 6 of 6 Engineering Department Section 05/17/99 10:29 $503 684 7297 CITY OF TIGARD fj 001 *************************** *** ACTIVITY REPORT *** *************************** TRANSMISSION OK TX/RX NO. 5556 CONNECTION TEL 503 639 1232 CONNECTION ID START TIME 05/17 10:22 USAGE TIME 06'35 PAGES 10 RESULT OK :.;:.;:.;:.::.;:.;:.>:::: • >:•>: S M T W T F S 1 2 3 4 5 '> 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 • Tuesday, September 29, 1998 8:00 8:30 9:00 pro-ap 9:30 :.:.::.;:.;:.;;;:.;;:;.;:.;:•;:•:;:.>;;:.;:.: Pasquale'Pascuzzi 10:00 . r t tan of ivace` 40250::::$\N North Dakota; 10:30 11:00 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 4:32PM Friday,September 11, 1998 PRE-APPLICATION CONFERENCE CHECKLIST SEPTEMBER 11, 1998 A. PASQUALE PASCUZZI PASCUZZI INVESTMENT LLC 10250 SW NORTH DAKOTA ST. TIGARD, OREGON 97223 (503) 639-8891 B. ATTACHED C. INSTALLATION OF PRIVATE SANITARY SEWER LINE D. ATTACHED E. SAME F. INCLUDED IN SITE PLAN G. DOES NOT APPLY ?La to N erie I t,J ( he o w4 oc ,40/ Week +. 21, ►(g8 -b scr4. 2S, 0c4 , 2, 11•18 -k ac+, q, t� '. WASHINGTON COUNTY OREGON SCALE I" = 1001 I • SEE MAP IS I 356C ) \• Sw oR. DAVID C ROUTH LINE GRAHAM .D.L.C. 32 ISRAN•M D.L.0 S.W.T' NORTH -DAKOTA ..4 NORTH LINE �T- C.R. N0. 452 JOHN L HICKLIN 0 L C 54 EAST 533.49 ✓• SO SO 200 X00 100 449 AC. °- 146 Ac. to a C, �r4'ti`' vQ :j • SEE MAP ss C. 'sJ / / IS I 34DA l'• Nf z \ \\ t \ AY' /o � /I 1 V N / / • . / • S // Y V • / t'• 7) + {p SD / • V NEST 430.93 mJ 600 OS.27 * - 400 >e 300 C) /.87 AC + 4 .74Ac. Cr on O NI Thu •or 't.►. os 4/ 0 N o 4 o Q I r N = o N VI ' GN, f N / • 4c, • ,t, 4' V k . N'4. Jr 4N A O. Z I O n a ,, r �,j, ti a h b J ao co C 700 3.27 Ac. s o' y " Tr. .► 43 x 4.e. tia y z J 0 C y o `�o ,ti 7 N V) oh . , � bQ.. � 0 0 500 r4. 4, L' 600 o z r� .53 Ac. 1,�°ti �. .00. 1/6//8 Ac. ,-- j ., • r"� ' ° o r_� e. Q • oi N gr h • J V q5� �0 Li 23 -74 73.15 �+ -1 W b •w n J� N S.•.. e,C e2 ° p s 2683 h T 0 ti TAG Q R� m z C.i? 4'0. 9/4 h. ID owti � �uv, LLCM N� p N r ILA 13 \pc" WEST 111.1113 SEE MAP .IS I 35 CC 2N6W l 2NSW 2N4W.. ... :2$3W • .2N2W 1NSW:, - '1N4W 1N3W -11i2W 1N1w ------/ riti634\ t—.'186W 1S5W 164W 1S3W 162W 1s1w 2•_ . • -`�,2s2W 2S1W / 1 ----wit_ 3,2W WASHINGTON COUNTY OREGON ( , NE1/4 SE1/4 SECTION 34 T1 S R1 W W.M. SCALE 1" = 100'gi • • ,01; .n . ;.•• • -, ..,,,,...-- • tiro ►♦-►ij • I ♦�y '.6 .:5 4- .3 • ,3 ��� 8 9 10 11;: 12: ♦ 4 .♦��j .T3 , �C :18 17 16 � GCE j♦�' 24 :'�� • 100 i _30 ..29 -'28 '27 26 4♦1 7.81 AC A� 36 �I ►♦�c► g .,'31':'1.-.32"'' 33 34 35,.. .::::., �j�♦, / r 7 w4Firjr4rrir'st... •A V. :VV."' :4 •144"likri• ' PIP■ IP■rS4,,...1. • M • L B t a UBB 4, A , ,AB. f, °+9 AA • -:• A ,.Y. :.':.::.,r.:.;,.,,(y.,;',:..:,!.,. .,•;::,,,,. ' , r !Veqrl• a / ; D t AC: AD • , c d --.---- GB :CA D 1x 0 , r r y.y T (CR 4� 2� ,r` \\"\P\\\A\\\ ��R ���lcC\\\\A\A MA\��\��\\ 100.00 �� _ f +, =D , 84.53 /\ 169.50 r• ' ' d 7200 C C - I CD • , r, ,DC i , ,.400 7300--` s �� 9500 7500 TR"C" 10500 s t Cancelled Taxlots For: 1S134DA ., TRACT'M' 3300 4 „ "' 1.24 AC.� , 200,2100,301, 1903,3100,3200,1700,2700, IF 7701 Q 2600, 7$11 71.50 ! 790- -1 04.42 30! 8600 ' 3400 m CJ1 s 1.09 AC 4,' 8111 9800 c) N a " :i►11 "TR.'F"„ 77.93 "' m 1 D" 830 $ a I - .: 8281 0 ; r7 m U 0 10100 (..:i I -'Y ; kW'I gy y;','g;,i,. G Co C .f" '�arn ' ' �• O 6.41111111116. %, '4tn ff 17..... t/i�'^,..(1�1j,].,, g ,T'. t 1 1pisin!�_ upiotit,fiF �� ?,!r fJ O.V1�!_.►! k x r+� r',"w W ,�r 3 Yfti,LdJ����� 10400 I ■.■■ 1 I:". r t`� +{ 1, ..'' 4:0;:-?mviVr'`C't b n`r TRACT"L" p pN o 0 -- Y+0-t .ipfr4 I.,.. .: Q..° 80 AC REG -°°-.� i". 'P 'tH4r^ * PLOT DATE .. 589-28-05W August 05, 1998 ,223.27., �.,.51.98•:; 100.00 • • 2j2.90.,. ` FOR ASSESSMENT PURPOSES 5982. .. o _� s '' .-' "N'-'QN Y)Jbl0 NOT RELY ON m 1N �L ::';�; 1t.°, OTHER OWr✓ b ��sc.Kz-z1 �� ,>. .�„ �,•, �OR> USE i ,, ,,�4 µ 0A P C ° -AU(, 1 < I99i N• .1:` . ( ::••• ... ..,.. t • • •• d �o,�s TIGARD 1s13400 4,o��� C 1 f{� 1 S 1 34-D A ,i • ADDITIONAL DOCUMENTS RETURN RECORDED DOCUMENT T(' TE OF OREGON `5 CITY HALL RECORDS DEPARTMEN'. } SS if CITY OF'TIGARD wunty of Washington to 13125 SW Hall Blvd. I Jerry r r of Assess- Tigard,OR 97223 rry 7 n n.;: Assess- ment and = - o County CORPORATION Clerk for -=i•' • •• r rtify that the wit 1, i; r 8n 3 Wrri$r g as'.received and re •r6ed 'T �1 CoRl >of said county. ', File No SLR. 1°t°1°l-°O°°C0 1 �d Fi o 4 irector of `° s�bi •` axation,Ex- * ,:•0,. ` lerk Doc : 99114857 EASEMENT Rect.: 241524 21.00 10/08/1999 11:33:26am PERMANENT SANITARY AND STORM SEWER �A S G U .2 Z 1 XPt v-e c 74'ten f Z . L. C • hereinafter called the Grantors, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting,and repairing of an underground storm drainage line and sanitary sewer line,together with the right to remove, as necessary, vegetation, foliage, trees,and other obstructions on the parcel of land described in Exhibit A", situated in the City of Tigard, Washington County, State of Oregon. THE TRUE CONSIDERATION for this conveyance is $ 0.00 . however, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title, or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the right of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors,their successors,and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors,and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand on this 0-7 d. of 'A k 19 q Rip 015 C.V?�i� ✓-0571/77.4171- L. L. C.. Ar7t. .�_► Name of Corporation Si re' /O Z SO SW/✓od' xo fT (/Meal^, Address --'/lacdd o, 9 72 23 Title OFFICIAL SEAL t5s LANCE LUDWICK Signature � NOTARY PUBUC-O IEGON COMMISSION NO.3O5 52 MY COMMISSION EXPIRES OCT 20,2001 Title STATE OF OREGON )ss. County of Washington ) 1911 This instrument was acknowledged before me on S e PrL •"(3 Ev 2-1k (date)by FASGZUA-L'i 174 aZ( (name(s)of person(s))as M A."w i. 1 t-/1 M B t2 (type of authority,e.g.,officer,trustee,etc) of 'P fi-sciu Z.l N V E ST M.e hT (name of party on behalf of whom instrument was executed). yLC_ Notary's Signature My Commission Expires: O c.k- 2-0 , t -f� L Accepted on behalf of the City of Tigard this 4' day of D GTO b-c , 19 9y a •- P. Ci gineer NO CHANGE IN TAX STATEMENT H3I:\ENG\PUB-FORM\SANSEW-C.DOT - - EXHIBIT "A" LEGAL DESCRIPTION PUBLIC SANITARY SEWER EASEMENT A strip of land, 15 feet in width, in the southeast one-quarter of Section 34, Township 1 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being a portion of that land described in deed to Pascuzzi Investment L.L.C., recorded as Document No. 95-037908 Washington County deed records;being more particularly described as follows: Beginning at the northwest corner of said Pascuzzi property which is on the south right-of-way line (20.00 feet from center line) of SW North Dakota Street; thence S 89°51'28"E 100.00 feet, along the north line of said Pascuzzi property and said south right-of-way line of SW North Dakota Street to the northeast corner of said Pascuzzi property;thence S 00°31'42"E 15.00 feet along the east line of said Pascuzzi property;thence N 89°51'28"W 100.00 feet to a point on the west line of said Pascu177,i property and on the east line of Tract M, Dakota Meadows, a subdivision of record;thence N 00°31'42"W 15.00 feet to the point of beginning. 9/24/99 pas-esmt.doc 2 N EXHIBIT 'A" PUBLIC SANITARY SEWER EASEMENT SKETCH SCALE: 1"=20' W . - E 09/9/99 S l EX.R/W EX.R/W 1 I f SW NORTH DAKOTA ST. CR.NO.452 ■ CENTERLINE POINT dF BEGINNING o N CD r4-) / S 89'51 '28" E 100.00' EX.R/W ( ) I EX.Ri/W w 15' ---*--•-_S 00'31 '42' E N 0'31 '42" W __,`� 15' PUBLIC SANITARY SEWER' EASEMENT 15.00' x,15.00' N 89'51 '28" W 100.00' . --- _ iz o FANNO CREEK TRACT 'M' DAKOTA MEADOWS °- N / __- - . --- - __ OWNER: D PASCUZZI INVESTMENTS LLC - - CITY OF TIGARD U �— Q / DEED REC. #95037908 PASCUZZI INVESTMENTS LLC W T/L3300 a TAX MAP 1 S -1 -34DA TAX MAP 1S-1 -35CB T/L3400 T/L200 aLie 49 -° RECEIVED PLANNING Date 09/09/99 File Tigard S E P 1 4 1999 UNIFIED SEWERAGE AGENCY 155 N. First Avenue, Ste. #270 CITY OF TIGARD Hillsboro, Oregon 97124 (503)648-8621 Project Pascuzzi Line Tap Subject Red Lines To Mike White City of Tigard Item Copies Date Description 1 Plans El as you requested Remarks: See plans for comments Tapping location ok. ❑ for your information Abandon exisiting stub, plug with concrete. OK for Tigard to issue permits. ❑ for your approval ❑ for your review ❑ return requested From Julia Huffman