SLR2003-00002 Decision - MCKNIGHT 1
NOTICE OF TYPE4I D A
SENSITIVE LANDS REVIEW(SLR) 2003 00002 1 177!
CITY OF TIGARD
= MCKNIGH ;SENSITIVE LANDS REVIEW c o mmumty'�Development
120 DAYS = 8/12/2003
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: MCKNIGHT SENSITIVE LANDS REVIEW
CASE NO.: Sensitive Lands Review (SLR) SLR2003 -00002
PROPOSAL: A request for Type 1 Sensitive Lands Review approval to build an access
and single - family residence in a vegetated corridor. The majority of the
work will occur adjacent to the vegetated corridor of the drainage way, and
outside of the 100 -year floodplain. Work within the area includes
excavation of approximately seventeen cubic yards of material, and placing
fill in the vegetated corridor to provide access.
APPLICANT/
OWNER: Garth and Denise McKnight
13181 SW Chelsea Loop
Tigard, OR 97223
LOCATION: 16525 SW 113 Avenue; WCTM 2S115AB, Tax Lot 1000.
ZONING
DESIGNATION: R -4.5: Low - Density Residential District. The R -4.5 zoning district is
designed to accommodate detached single - family homes with or without
accessory residential units at a minimum lot size of 7,500 square feet.
Duplexes and attached single - family units are permitted conditionally.
Some civic and institutional uses are also permitted conditionally.
•
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510.
SECTION II. DECISION
•Notice is hereby given that the: City of Tigard{ Community Development „Director's designee has
APPROVED =.the above request "subject��,`to certain; conditions of .appro))al The findings and
conclusion on which the decision is. based` are noted in Section IV:
SLR2003 -00002 — MCKNIGHT SENSITIVE LANDS REVIEW PAGE 1 OF 4
NOTICE OF TYPE I DECISION
CONDITIONS OF APPROVAL
1. Submit a copy of this decision with your proposed modifications to the Building Division
when applying for permits.
2. Prior to final building inspection, the applicant shall pave a minimum 10- foot -wide access
to the single- family residence.
THIS SHALL BE VALID-FORE18 MONTHS 4
FRA TH E EFFECTIVE DATE OF THIS DECISION
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The site is located within the Urban Services Planning Area. The applicant is requesting
approval to build an access and single - family residence in a vegetated corridor. The majority
of the work will occur adjacent to the vegetated corridor of the drainage way, and outside of
the 100 -year floodplain. Work within the area includes excavation of approximately
seventeen cubic yards of material, and placing fill in the vegetated corridor to provide access.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
The Tigard Community Development Code (TDC), Sensitive Lands Review Section,
states that, "The Director shall review minimal ground disturbances or landform
alterations involving 10 -50 cubic yards of material, except in the floodway area by means
of a Type 1 procedure, as governed by Section 18.390.030 subject to compliance with all
of the standards in this chapter." The Director shall also review applications for paving
on private property except in the floodway area by means of a Type 1 procedure..."
The applicant proposed to place gravel along the existing driveway, however, the TDC section
18.765.040(5) requires that all access drives shall be improved with asphalt or concrete surface.
The minimum pavement section of the access is 10 feet wide. I have talked with Heidi Berg
from Clean Water Services, and she has indicated that this change will not affect the validity of
the service provider letter.
Finding: TDC Section 18.765.040(5) requires that all access drives shall be improved with
asphalt or concrete surface.
Condition: Prior to final building inspection, the applicant shall pave a minimum 10- foot -wide
access to the single - family residence.
Section 18.775.070(D) outline the criteria that have been considered in review of this
application, and are discussed below.
SLR2003 -00002 - MCKNIGHT SENSITIVE LANDS REVIEW PAGE 2 OF 4
NOTICE OF TYPE I DECISION
1
DRAINAGE WAY
1. The extent and nature of the proposed land form alteration or development will
not create site disturbances to the extent greater than that required for the use.
The proposed use is a single - family residence, and the applicant has received approval from
Clean Water Services (File #2140) to encroach into the vegetated corridor. The
encroachment is necessary to provide access to the new residence, a location for the septic
tank, and removal of an existing pole barn and foundation. There are no other opportunities
available for access from public roads. By requiring the pavement width to be no greater
than 10 feet wide, the site disturbance is minimal. The applicant has provided a resource
assessment and delineation in addition to a base flood elevation determination from
environmental and engineering consultants at Maul Foster Alongi. The determination places
the base flood elevation at 130.10 feet. All proposed improvements are at an elevation of
139 feet or higher, and are located outside of any floodplain. The applicant has attained
approval for all proposed encroachments into the vegetated corridor. A detailed review of the
structural stability and proper drainage will be reviewed at the time of building permit review.
According to the reports and delineations provided by the applicant, the structures are
appropriately sited. This criterion has been satisfied.
2. The proposed land form alteration or development will not result in erosion,
stream sedimentation, ground instability, or other adverse on -site and off -site
effects or hazards to life or property.
The applicant has provided a mitigation plan to CWS in order to assure that the proposed
alteration will not create problems with erosion, sedimentation, ground instability or other
adverse effects to the surrounding resources. The applicant has provided a wetland
delineation and sensitive area assessment from Brian Bieger, of The Resource Company,
Inc. that delineates the resources and identifies potential impacts. The mitigation plan, and
continued maintenance of the natural areas have been required by CWS to ensure proper
function is maintained. By meeting the conditions of the CWS service provider letter #2140
dated April 9, 2003, this criterion is satisfied.
3. The water flow capacity of the drainage way is not decreased.
The applicant is not proposing any modifications to the drainage way, but has requested
approval of encroachments into the vegetated corridor. There is no evidence in the record to
suggest that the water flow capacity of the drainage way would be decreased by the
proposed improvements. This criterion has been met.
4. Where natural vegetation has been removed due to land form alteration or
development, the areas not covered by structures or impervious surfaces will be
replanted to prevent erosion in accordance with Chapter 18.745, Landscaping
and Screening.
The applicant has provided a mitigation plan to replace the non - native vegetation on site with
native vegetation and has obtained approval from CWS for the planting plan. This criterion
has been satisfied.
SLR2003 -00002 - MCKNIGHT SENSITIVE LANDS REVIEW PAGE 3 OF 4
NOTICE OF TYPE I DECISION
t
v
5. The drainageway will be replaced by a public facility of adequate size to
accommodate maximum flow in accordance with the adopted 1981 Master
Drainage Plan.
The proposal does not alter or warrant replacement of the existing drainage way. This
criterion has been met.
6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board,
Division of State Lands approvals shall be obtained.
No impacts are being made to those areas where these two agencies have jurisdiction. The
applicant is not proposing to disturb or alter any drainage way, wetland, or floodplain. This
criterion is not applicable to the proposed improvements. Any improvements made to the site
subsequent to those proposed would require a separate review, and possible permits from
those agencies.
7. Where land form 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.
The land form alteration is adjacent to a 100 -year floodplain, but a staff review of the
Comprehensive Plan, and associated development requirements do not indicate a need for
additional land to serve a public purpose. This criterion is not applicable to the proposed
improvements.
SECTION V. PROCEDURE AND APPEAL INFORMATION
•
Notice:
Notice was mailed to the applicant and owners.
Final Decision:
This is a Type I Sensitive Lands Review. As such, the Director's decision is final on the date
it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's
decision may not be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON APRIL 23, 2003
AND BECOMES EFFECTIVE ON APRIL 24, 2003.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171.
April 23, 2003
APPROVED BY: Brad Kilby DATE
Associate Planner
SLR2003 -00002 - MCKNIGHT SENSITIVE LANDS REVIEW PAGE 4 OF 4
NOTICE OF TYPE I DECISION
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