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Hearings Officer Packet - 09/14/1998CITY OF TIGARD Community Deve&pment ShgpingA Better Community CITY OF TIGARD HEARINGS OFFICER SEPTEMBER A 1998 - 7:00 P.M. A G E N 0 A 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 FANNO CREEK STABILIZATION AND ENHANCEMENT PROJECT Sensitive Lands Review (SLR) 98-0010 LOCATION: The site is located on SW 74th Avenue, approximately 700 feet north of SW Durham Road; WCTM 2S112DC, Tax Lot 01400. The proposed streambank stabilizing structures would be placed against the outer (east) bank of a bend in Fanno Creek. The subject property has received Site Development Review approval for an industrial park development known as the Fanno Creek Business Park. PROPOSAL: The applicant has requested Sensitive Land Review approval to perform landform alterations within the 100-year floodplain and floodway in Fanno Creek to stabilize the bank of Fanno Creek by placement of several "bendway weirs". The applicant also proposes to enhance the riparian corridor through removal of invasive vegetation and planting of native vegetation. COMPREHENSIVE PLAN DESIGNATION: Light Industrial; I-L. ZONING DESIGNATIONS: I-P; Industrial Park. The I-P Zoning District permits light manufacturing, office and complementary commercial uses. W-R; Water Resources Overlay District. The W-R Overlay District applies to Fanno Creek, a significant riparian corridor. The W-R district permits in- stream and streambank enhancement projects with mitigation. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.84 and 18.85. 3. OTHER BUSINESS 4. ADJOURNMENT CITY OF TIGARD HEARING's OFFICER PAGE 2 OF 2 9/14/98 PUBLIC HEARING AGENDA 0 CITY OF TIGARD HEARING'S OFFICER SEPTEMBER 14, 1998 - 7:00 P.M. TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD, OR 97223 [0,0' c4nyone wishing to speak on tin agenda item should sign on the appropriate sign-in sheet(s). PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Monday prior to the meeting. Please call (503) 639-4171, Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: ➢ Qualified sign language interpreters for persons with speech or hearing impairments; and ➢ Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above if you are requesting such services. (OVER FOR HEARING AGENDA ITEM(S) CITY OF TIGARD HEARINGS OFFICER PAGE 1 OF 2 9/14/98 PUBLIC HEARING AGENDA 6 CITY OF TIGARD 4b HEARINGS OFFICER 10 SIGN-IN SHEET M CITY OF TIGARD Community (Development Shaping A Better Community NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORD THEIR ADDRESS ON THIS SHEET (Please PRINT Legibly) AGENDA ITEM 2.1 DATE OF HEARING: 9/14/98 Page 1 of FILE NAME(S): CASE NUMBER(S): OWNER(S) APPLICANT(S): PROJECT LOCATION: MAP(S) & TAX LOT(S) NO(S) FANNO CREEK STABILIZATION & ENHANCEMENT PROJECT SENSITIVE LANDS REVIEW (SLR) 98-0010 Pacific Santa Fe Corporation Pacific Realty Ventures SW 74th Avenue, approximately 700 feet north of SW Durham Road WCTM 2S112DC, Tax Lot 01400 PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE PROPONENT (For the proposal) OPPONENT (Against the proposal) [Prim Name/AddressRlp a 11[11118[1001 [Print Name/AddreSSAIP & AN[tlatlom Name: .O v"Li Name: SOH ~~l ✓EE Address: 177 '-W_ ~L Y ~S ~12yAlldress: IS_1~70 6W 76-~-A• AL-6' City: Z~LLA~d►%~ Stater Zio: 7?z City: lT 6AX-,'N j Name: Name: Address: Address: Cit State: (V Zin: OrT6 70 City: Name: Name: Address: Address: Citv: State: Zin: Citv: Name: Name: Address: Address: Citv: State: Zip: Citv: State: t) A- Zio: q-7134 State: Zio: State: Zio: State: Zio: h Apa%Amasterslsign i nho. mst 0 0 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9 219 BEAVERTON, OREGON 97075 Legal Notice Advertising •City of Tigard • ❑ Tearsheet Notice 013125 SW Hall Blvd. • ❑ Duplicate Affidavit Tigard,Oregon 97223 •Accounts Payable • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. 1, Kathy nyapr being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTigard-T»al ati n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at r'3*gar in the aforesaid county and state; that the Hearing_SL_R 98-0010 a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for_Mv. successive and consecutive in the following issues: September 3,1998 Subscribed and sworn to ~re me this rd d a )motif Sentembe r ,19 9 8 asy~ OFFICIAL SEAL nw.- RDaIN A. BURGESS Nottr Public for Oregon NOTARY PUBLIC-OREGON My Commission Expires: COMMISSION NO. 062071 MY COMMISSION EXPIRES MAY 16, 2001. AFFIDAVIT j The following will be considered by the.Tigard Hearings Officer on Mon- 4 1 September 14, 1998, at 7 P.M., at Tigard Civic Center - Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Both public, oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter accompanied by statements or evidence suffi- cient 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 based on that criterion. Further information may be obtained from the Planning Division at 13125 SW Hall Boulevard, Tigard, Oregon 97223, or by calling (503) 639-4171. PUBLIC HEARING: SENSITIVE LANDS REVIEW [SLR] 98-0010 > FANNO CREEK AT 74TH AVENUE INDUSTRIAL PARK < The proposed project is a stream enhancement effort. The intent of the project is to provide streambank stabilization and riparian enhancement through a combination of in-stream structures and riparian plantings. The site has been previously disturbed, with a steep rip-rapped bank on the southern edge of Fanno Creek dominated by Himalayan blackberries. The proposed in-stream boulder structures for Fanno Creek are five (5) stream barbs (bendway weirs) to be installed within the channel of Fanno Creek to reduce bank erosion on the southeast (outside) bank of a meander in the stream. Portions of the bank of Fanno Creek have been eroded by past flood events. L w SUBJECT ~ I I PARCEL. C SRO M219 - Publish September 3,1998. ..t-- A • • EXHIBIT A CITY OF TIGARD A~1 Community Development ShapingA Better Community PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY. SEPTEMBER 14. 1998. AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO(S): SENSITIVE LANDS REVIEW ISLRI 98-0010 FILE TITLE: FANNO CREEK AT SW 14TH AVENUE INDUSTRIAL PARK APPLICANT(S): Pacific Santa Fe Corporation OWNER(S): Same 17700 SW Upper Boones Ferry Road, Suite 100 Portland, OR 97224 REQUEST: ➢ The proposed project is a stream enhancement effort. The intent of the project is to provide streambank stabilization and riparian enhancement through a combination of in-stream structures and riparian plantings. The site has been previously disturbed, with a steep rip-rapped bank on the southern edge of Fanno Creek dominated by Himalayan blackberries. The proposed in-stream boulder structures for Fanno Creek are five (5) stream barbs (bendway weirs) to be installed within the channel of Fanno Creek to reduce bank erosion on the southeast (outside) bank of a meander in the stream. Portions of the bank of Fanno Creek have been eroded by past flood events. LOCATION: West side of SW 74th Avenue; WCTM 2S112DC, Tax Lot 01400. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.84 and 18.85. ZONE: Industrial Park District; I-P. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE SLR 98-0010 FANNO CREEK AT SW 74th INDUSTRIAL PARK NOTICE OF PUBLIC HEARING HEARINGS OFFICER MAY CONTI4bTHE PUBLIC HEARING TO ANOTH&MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PU HEARING AND TAKE ACTION ON T PPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER AUGUST 25. 1998, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) 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 (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER M.J. Roberts. Associate Planner AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. H I U tr H U J w OEOaa~~XIC IXfORY~.... E.E.E. VICINITY MAP SLR 98-0010 FANNO CREEK AT SW 74th INDUSTRIAL PARK 0 100 2m Ill FW 112<2fW Al~~ City of Tigard Yfm0b1m E'b Ilgf btQ7mQd bC2II1m ml tlEalObveEgEvW Ee„ 6avmEOb'v. 17125 TI1pq OR M OR (5q 6'iB4171 171 SLR 98-0010 1 SUBJECT PARCEL j Q NOTICE OF PUBLIC HEARING FANNO CREEK AT SW 74th INDUSTRIAL PARK • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by P a c i f i c Realty Ventures f o r ) F I N A L ORDER Sensitive Lands Review for landform alterations in the 100- ) year floodplain of Fanno Creek for land north of SW 74th ) SLR 98-0010 Avenue and east of Durham Road in the City of Tigard, Or ) (Fanno Creek weirs) 1. GARY The applicant requests approval of a Sensitive Lands Review to allow placement of several "bendway weirs" in the channel of Fanno Creek and associated removal of non- native invasive vegetation and planting of native vegetation along the adjoining shoreline. City Hearings Officer Larry Epstein (the "hearings officer") held a duly noticed public hearing on September 14, 1998 to receive public testimony and evidence regarding the application. The City Planning Division recommended conditional approval of the application. see the Staff Report to the Hearings Officer dated September 4, 1998 (the "Staff Report"). The applicant accepted the Staff Report and recommendations without objections or corrections. One member of the public testified about the circumstances that led to the application. Following the close of the public hearing, the hearings officer approved the application subject to the conditions recommended by staff, based on the findings provided below or incorporated herein . II. j4EAMNC, AND RECORD 1. The hearing officer received testimony at the public hearing about this application on September 14, 1998. A record of the testimony and evidence in the record is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the City Planning Division. 2. At the hearing City planner M.J. Roberts identified the applicable criteria, summarized the Staff Report, noted the recent approval of a site development review application for an industrial park on or adjoining the site, noted new evidence submitted by the applicant regarding the impact of the proposed development on the base flood elevation (i.e., that it will not raise the 100-year floor elevation), and recommended approval subject to the conditions of approval in the Staff Report. 3. Dan Maloney, John van Straveren and Dale Shank testified for the applicant. Mr. Maloney explained the purpose of the proposed in-water weirs (i.e., to protect the upland area from undercutting and erosion due to high water velocity on the outside edge of an oxbow formed by Fanno Creek on the site). He noted the 100-year flood elevation is 131.5 above mean sea level (msl), and the elevation of the upland area bounded by the oxbow is 124 feet msl, so that, during a 100-year flood event, water would flow over the oxbow altogether. Mr. van Straveren described the proposed weirs and environmental conditions and the permitting process underway with other agencies to gain approval of the development. Mr. Shank described the function of the weirs, noting that they will slow the velocity of water and push the water toward the center of the channel and away from the south edge (during non-flood conditions). He explained in concept why the addition of the weirs will not increase the flood elevation. 4. John Havery, who owns land to the north of the applicant's site, testified about his recollections of the history of development on the site. He raised concerns about increased flooding. He testified that Fanno Creek, where it crosses the site, did not have an oxbow until a prior owner created it by altering the route of the creek (without permits). Hearings Officer Final Order SLR 98-0010 (Fanno Creek weirs) Page 1 • • He recommended the creek be returned to its former route, obviating the need for the in- stream weirs. Mr. van Straveren agreed that the oxbow was not a naturally formed phenomenon, but it is there now, and the applicant cannot return the creek to its former channel without causing greater potential adverse environmental impacts. Mr. Maloney characterized the application as an attempt to fix the "mess" created by the former owner's actions in altering the channel. III. APPLICABLE APPROVAL STANDARDS R SPOT IVE FINDING -AND 1. City staff recommended approval of the application, based on affirmative findings and subject to conditions of approval in the Staff Report. The applicant accepted those findings and conditions without objections or corrections. The examiner concludes the affirmative findings in the Staff Report show the proposed preliminary plan does or can comply with the applicable standards of the County Code and Revised Code of Washington, provided the applicant complies with recommended conditions of approval as amended. The examiner adopts the applicable approval standards and affirmative findings in response to those criteria in section IV of the Staff Report, and associated basic facts in section III, V and VI of the Staff Report, as his own except as otherwise expressly provided herein. 2. The Staff Report notes the applicant failed to prove that the proposed weirs would not increase the 100-year flood elevation. Before the hearing, the applicant submitted an exhibit to provide that proof. See the September 14, 1998 letter from Roger Sutherland to M.J. Roberts. Mr. Roberts advised the hearings officer that City staff concluded that letter was sufficient to meet the burden of proof that the development will not raise the 100-year flood elevation. The hearings officer agrees and finds that the proposed development will not increase the 100-year flood elevation, based on the letter. With that, the proposed landform alteration complies with the applicable standards for a sensitive lands review. 3. Although returning the creek to its historic channel is, at first glance, a reasonable and appropriate action, it is not a simple matter to do so. However formed, the oxbow is now part of the fabric of the creek in this vicinity. To remove the oxbow or relocate the creek channel would cause greater impacts than will the proposed weirs, at least in the short term. It is more consistent with the approval criteria for a sensitive lands review to install the weirs than it would be to relocate the channel, because those criteria call for the least impact on the sensitive lands possible. Given the physical conditions existing on the property now, the applicant's proposal is the better concept for addressing creekside erosion and land stability. This does not excuse whatever illegal actions may have been taken by a prior owner of the property. But, given the present ownership and condition of the property, and given the proposed landform alteration complies with applicable approval standards for it, the hearings officer must approve the landform alteration and cannot require restoration of the historical creek channel location. IV. fA&CLLISION AND DECISI0k1 The hearings officer concludes that the proposed project does or can comply with the applicable provisions of the Tigard Community Development Code, subject to applicable conditions of approval. In recognition of the findings and conclusions contained herein, and incorporating the reports of affected agencies and exhibits received in this matter, the hearings officer hereby approves SLR 98-0010 (Fanno Creek weirs) subject to the conditions of approval Hearings Officer Final Order SLR 98-0010 (Fanno Creek weirs) Page 2 .~L 9 0 in section II of the Staff Report, except condition of approval #1 with which the applicant already has complied by submitting the September 14 letter from Mr. Sutherland. this 18th(Wof September, 1998. Hearings Officer Final Order SLR 98-0010 (Fanno Creek weirs) Larry Ep tein, y City of T a rings Officer Page 3 • "EXHIBIT A" PARTIES OF RECORD • (Written Public Testimony received at the hearing) NONE RECEIVED • "EXHIBIT B" TAPED PROCEEDINGS • (Verbal recording of hearing including public, staff and Hearings Officer communications.) NOTE: Tapes are located in the Records Vault, Planning Section. I • "EXHIBIT C" WRITTEN TESTIMONY • (Applicant's materials and pertinent correspondence filed with Hearings Officer prior to Public Hearing.) • • Agenda Item: 2.1 Hearing Date: Sentember 14.1998 7:00 PM STAFF REPORT TO THE HEARING'S OFFICER CITY OFTIGARD Community Development FOR THE CITY OF TIGARD, OREGON ShgpingA Better Community 120 DAYS = 12/22/98 SECTION I. APPLICATION SUMMARY FILE NAME: FANNO CREEK STABILIZATION AND ENHANCEMENT CASE: Sensitive Lands Review SLR 98-0010 PROPOSAL: The applicant has requested Sensitive Land Review approval to perform landform alterations within the 100-year floodplain and floodway in Fanno Creek to stabilize the bank of Fanno Creek by placement of several "bendway weirs". The applicant also proposes to enhance the riparian corridor through removal of invasive vegetation and planting of native vegetation. APPLICANT: Pacific Realty Ventures OWNER: Pacific Santa Fe Corp. 17700 SW Upper Boones Ferry Rd. (same as applicant's) Suite 100 Portland, OR 97224 COMPREHENSIVE PLAN DESIGNATIONS: Light Industrial; I-L. ZONING DESIGNATIONS: I-P; Industrial Park. The I-P Zoning District permits light manufacturing, office and complementary commercial uses. W-R; Water Resources Overlay District. The W-R Overlay District applies to Fanno Creek, a significant riparian corridor. The W-R district permits in-stream and streambank enhancement projects"with mitigation. LOCATION: The site is located on SW 74th Avenue, approximately 700 feet north of SW Durham Road; WCTM 2S112DC, Tax Lot 01400. The proposed streambank stabilizing structures would be placed against the outer (east) bank of a bend in Fanno Creek. The subject property has received Site Development Review approval for an industrial park development known as the Fanno Creek Business Park. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.84 and 18.85. SECTION II. STAFF RECOMMENDATION The Planning Division recommends the Hearing's Officer find that the proposed project will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after the decision complies with applicable local, state and federal laws. Therefore, staff conditionally recommends APPROVAL subject to the following recommended conditions of approval: 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010 - FANNO CREEK STABILIZATION & ENHANCEMENT PAGE 1 OF 12 • • * Staffs conditional recommendation that this project be approved with conditions is contingent on the applicant producing certified evidence that the project will satisfy the Floodplain Approval Standards of the Sensitive Lands chapter Tigard Municipal Code (TMC) Chapter 18.84. Staff is currently unable to recommend approval because of insufficient evidence regarding the hydrological impact of the project. This is the only area in which the application lacks sufficient evidence for a positive recommendation. The intent of the project is to have a positive hydrological impact and the applicant's engineer is currently running hydrological modeling which is expected to produce conclusive evidence of such impact. Due to the amount of time involved in running hydrological models, this information was not available in time for inclusion in this report but will be available before the September 14, 1998 Public Hearing. It is staff's recommendation that if new hydrologic evidence demonstrates that the project will not increase the flood elevation or reduce flood storage capacity on or off-site, is certified by a registered professional engineer and accepted by the Engineering Division, that the proposal be approved subject to the recommended conditions of approval below. If revised hydrologic evidence is not sufficient to make these findings and is not accepted by the Engineering Division, Staff's recommendation can only be to deny the application. CONDITIONS OF APPROVAL PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be M. J. ROBERTS, Planning Division (503) 639-4171.) 1. The applicant shall submit hydrologic evidence demonstrating that the project will not increase the flood elevation or reduce flood storage capacity on or off-site. The report shall be certified by a registered professional engineer and accepted by the Engineering Division. 2. Compliance with Unified Sewerage Agency Resolution and Order 96-44 shall be shown (Contact Brian Rager, Engineering Division (503) 639-4171). 3. The applicant should provide the City with the Bendway Weir Theory, Development and Design Fact Sheet that is referred to on Page 1 of the narrative. 4. In accordance with Section 18.84.040(A)(1), the applicant's design and placement specifications for the bendway weirs shall be verified by a registered professional engineer. 5. The applicant shall provide a copy of all required state and federal permits to the City prior to commencing work including, but not limited to, any required permits administered by the Oregon Division of State Lands, US Army Corps of Engineers and Oregon Department of Fish and Wildlife. 6. All work shall be undertaken in compliance with the erosion control plan and the standards under Section 18.85.080.J. Any temporary erosion control methods shall be removed upon completion of the project or as provided by the approved erosion control plan and plan implementation schedule. Work areas on the immediate site shall be carefully identified and marked to avoid potential damage to trees and vegetation. Trees shall not be used as anchors for stabilizing working equipment. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010 - FANNO CREEK STABILIZATION & ENHANCEMENT PAGE 2 OF 12 _ i, • • During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside of the work area. 7. The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. 8. The applicant shall submit an Implementation Plan as, required under Section 18.85.080.K demonstrating compliance of the re-vegetation and erosion control plans with the implementation standards of the W-R Overlay District. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICERS' DECISION. SECTION III. BACKGROUND INFORMATION Site Historv: The site is presently undeveloped but has Site Development Review approval for an industrial park development known as Fanno Creek Business Park (SDR 97-0009). Vicinitv Information: This area is currently partially developed with various light industrial uses including other industrial developments such as the 74th Avenue Industrial Park located immediately north of the subject property. Site Information and Proposal Description: The subject property is crossed by Fanno Creek as shown on the attached map. Associated with the creek corridor are wetlands and the 100-year floodplain. The path of the creek corridor across the subject property creates an inaccessible island of land west of the creek and inside a stream meander. The recent site development approval (SDR 97-0009) for Fanno Creek Business Park will develop the buildable, east portion of the property. The applicant proposes to place bendway weirs (stream barbs) in the creek channel to reduce erosion of the outer (east) bank of this meander and to plant native trees and shrubs to enhance the riparian corridor. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Underlying Zoninq: The underlying zoning district is Industrial Park (I-P). Within the I-P zoning district, stream bank stabilization is not specifically classified as a permitted, conditional or prohibited use. However, the Water Resources Overlay district which applies to the Fanno Creek corridor defines a streambank restoration and enhancement project as a Type II use that is permitted with approved mitigation. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010 - FANNO CREEK STABILIZATION & ENHANCEMENT PAGE 3 OF 12 0 • Sensitive Lands: Section 18.84 contains regulations for lands within 100 year floodplains, on slopes greater than 25% and within drainageways and wetlands that are subject to Sensitive Lands Review. Sensitive Lands Review of proposed developments in these areas is intended to implement floodplain protection measures and to protect rivers, streams and creeks by minimizing erosion, promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitat, and preserving scenic quality and recreational potential. FloodDlain ADUroval Standards: Section 18.84.040(A) states that the Hearings Officer shall approve or approve with conditions an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary. The applicant's hydrologist has stated that placement of the proposed bendway weirs will preserve and enhance the floodplain storage function and will not result in any narrowing of the floodway. The hydrological rational in support of this position is provided in the applicant's Hydrology Report (p. 6-7). In summary, the applicant claims that the effect of adding the boulders to the stream channel (which would tend to raise flow elevations) will be more or less offset by a decrease in channel drag due to the smoother-surfaced boulders. The City Engineering Division has reviewed the applicant's hydrology report and has expressed concerns with the rationale on which the report is based. The Engineering Division recommends the hydrology report not be accepted as evidence that the project will not adversely affect floodplain storage and the zero-foot rise floodway. Staff cannot, • therefore, make a finding based on the current application materials that this criterion has been met. Staff will recommend approval with conditions if further evidence, certified by a registered engineer, is submitted showing that stream barb placement will not violate this floodplain standard. Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards. The subject property is designated Light Industrial on the Comprehensive Plan Map. Therefore, this criterion is satisfied. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100- year flood. See response to floodplain storage and zero-foot floodway rise above. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearing Officer as untimely. Dedication of areas for a bicycle and pedestrian pathway on the subject property has been secured in conjunction with approval of the Fanno Creek Business Park (SDR 97-0009). Therefore, this standard does not apply. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010 - FANNO CREEK STABILIZATION & ENHANCEMENT PAGE 4 OF 12 The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. The plans for the pathway have been reviewed as part of the Fanno Creek Business Park approval. Therefore, this standard does not apply. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. The applicant is in the process of obtaining Army Corps of Engineers and Oregon Division of State Lands permits. The applicant shall provide a copy of all required permits to the City as a condition of approval. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. An easement for a pedestrian/bicycle pathway was provided on the subject property as part of the Site Development Approval for Fanno Creek Business Park (SDR 97-0009). Therefore, this criterion does not apply. Steep SloDes AoDroval Standards: Section 18.84.040(B) states that the Director shall approve an application for sensitive lands permit on slopes of 25% or greater based upon findings that all of the following criteria have been satisfied: The proposed project is to place stream barbs in the channel of Fanno Creek. This aspect of the project will not involve steep slopes over 25%. Noxious vegetation removal is an outright permitted use and is not subject to Sensitive Lands review. Therefore, the Steep Slopes approval standards are not applicable. Drainaaewav Anuroval Standards: Section 18.84.040(C) states that the appropriate authority shall approve or approve with conditions an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria have been satisfied: The proposed stream stabilization project will directly impact the stream channel of Fanno Creek through placement of five bendway weirs or stream barbs designed to reduce erosion and stabilize the outer meander bank identified for the project. Therefore, the Drainageway Approval Standards are applicable and are addressed below. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; The project scope involves placement of stream barbs in the stream channel to protect the stream bank. Site disturbances will not, therefore, occur to an extent greater than is required for the stream stabilization project, meeting this standard. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects of hazards to life or property; The project is intended to stabilize the stream bank, decrease erosion and re-establish riparian vegetation on the project site. The Engineering Division has reviewed and commented on the application and has recommended the applicant's hydrology report not be accepted. In the absence of an acceptable hydrology report, based on sufficient data and analysis and certified by a registered professional engineer, staff finds that there is insufficient evidence to make a finding that the project will not result in adverse on or off-site impacts. The applicant has contracted with a professional engineering firm to incorporate the proposed project into a stream flow 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010 - FANNO CREEK STABILIZATION & ENHANCEMENT PAGE 5 OF 12 0 0 modeling project. The results of the modeling will produce a definitive answer as to whether the project will result in adverse on and off-site impacts. See Staff recommendation. The water flow capacity of the drainageway is not decreased; See response above. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening; The applicant does not propose to remove vegetation in order to place the stream barbs, however, invasive vegetation will be removed and replaced with native plantings as part of the associated riparian area enhancement. Erosion control measures will be installed during the project and exposed soils will be seeded. Therefore, this criterion is met. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan. The applicant proposes to stabilize an existing drainageway. Therefore, this criterion does not apply. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. See response to this standard under Floodplain Approval Standards. Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. See response to this standard under Floodplain Approval Standards. Wetlands ADnroval Standards: Section 18.84.040(D) states that the Director shall approve or approve with conditions an application request for sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland. The proposed landform alteration is within wetland designated as significant on the Tigard Wetlands and Riparian Corridors Map and is, therefore, regulated by Chapter 18.85 - Water Resources Overlay District, the City's acknowledged Goal 5 program. Significant wetlands are not regulated under the Sensitive Lands chapter and, therefore, no further criteria under this section apply. Water Resources Overlay: Section 18.85.080 requires the following Development Standards to be addressed for proposed uses within the Water Resource Overlay District: 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010 - FANNO CREEK STABILIZATION & ENHANCEMENT PAGE 6 OF 12 • • A. Alternatives Considered. Except for stream corridor enhancement, most Type II and III uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and III development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. This criterion specifically exempts stream corridor enhancement from the requirement to examine upland alternatives for proposed uses; therefore, this standard does not apply. B. Minimize Siting Impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. For Type II and III uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consistent with best management practices. For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. The applicant does not propose excavation activities and proposes an extensive program to plant native vegetation and enhance the riparian area. The project in intended specifically to reduce erosion of the stream meander and the enhancement aspect of the project will also serve as an erosion control measure for the upper stream banks. The applicant's engineer has prepared an erosion control plan that describes planned erosion control techniques to be installed during site work activities. C. Construction Materials and Methods. Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. The applicant proposes to install the stream barbs from the adjacent stream bank, thus avoiding in-stream work. Installation of silt fences along the stream bank in accordance with an approved erosion control plan will address water quality during the work period. The applicant must also comply with all applicable Unified Sewerage Agency, Division of State Lands and Army Corps of Engineers construction standards and obtain all necessary agency permits which would address any required construction methods. Compliance with all applicable agency permits is recommended as a condition of approval. D. Minimize Flood Damage. Above-ground residential structures shall not be permitted within the W-R Overlay District, where such land is also within the 100-year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain shall be designed consistent with Chapter 18.84, Sensitive Lands. No residential, commercial or industrial structures are proposed as part of this project. The hydrology report submitted by the applicant to address flood storage and base flood elevations was not accepted by the Engineering Division. Staff is, therefore, unable to make a finding that this standard is satisfied. The applicant is preparing additional hydrological evidence which may provide the necessary basis for a finding of compliance. See Staffs recommendation. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010 - FANNO CREEK STABILIZATION & ENHANCEMENT PAGE 7 OF 12 • 011 E. Avoid Steep Slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25 percent or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. The purpose of the project is to ensure stream bank stability and enhance the riparian area. Vegetation removal will take place within 50 feet of Fanno Creek and may involve steep sections of the bank. Due to the nature and intent of the project, it is Staff's opinion that these activities are necessary to ensure slope stability in as much as it is desirable to enhance the riparian area by replacing invasive species with native trees and shrubs and planting of native species will ensure slope stability. Staff finds that this standard is satisfied and recommends that an approval be conditioned on work commencing only in accordance with an approved erosion control plan. F. Minimize Impacts on Existing Vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. The applicant has stated that existing vegetation is predominantly non-native Himalayan blackberry and that no trees are located in the project area. Existing vegetation will not be preserved, but will be replaced with native species. Therefore, this standard does not apply. G. Vegetation Mitigation Plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.85.100, a mitigation plan shall be prepared and implemented. The proposed streambank stabilization project is a Type II use and the applicant has proposed a comprehensive riparian area enhancement plan involving removal of the predominant Himalayan blackberry and replacement with native riparian species. 1. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis. The applicant proposes to seed the stream bank and plant native trees and shrubs according to the planting schedule (p.11 of application narrative) and the proposed planting plan (Figure 4). 2. Where approval is granted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non-native vegetation within the remaining, protected riparian setback area on a 1.5:1 basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re-planted with native plant species. No reduction of the riparian setback area is proposed as part of this project; therefore, this standard does not apply. 3. The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. A recommended Condition of Approval is included in this report to ensure compliance with this replanting and maintenance standard. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010 - FANNO CREEK STABILIZATION & ENHANCEMENT PAGE 8 OF 12 0 • H. Water and Sewer Infiltration and Discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. No water and sanitary sewer facilities are proposed as part of this project; therefore this standard does not apply. 1. On-Site Systems. On-site septic systems and private wells shall be prohibited within the W-R Overlay District. No on-site septic systems and private wells are proposed as part of this project; therefore, this standard does not apply. J. Erosion Control Plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the W-R Overlay District: 1. Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion. 2. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only. 3. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction. 4. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded. 5. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff. 6. A stabilized pad of gravel shall be constructed at all entrances and exits to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site. 7. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation. 8. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010 - FANNO CREEK STABILIZATION & ENHANCEMENT PAGE 9 OF 12 0 • 9. Any other relevant provision of the Erosion Prevention and Sediment Control Plans Technical Guidance Handbook (City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. The proposed streambank stabilization project is a Type II use and the applicant has submitted a proposed erosion control plan within the application narrative. The applicant's materials, and specifically the erosion control plan, meet the above standards and satisfy this criterion. Staff recommends a condition of approval requiring continued compliance with these specific erosion control standards throughout the life of the project including strict adherence to the construction seasons provided by the applicable agency permits. K. Plan Implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control or Re-vegetation Plan shall be implemented and maintained as follows: 1. Erosion control measures shall be installed prior to any stripping or excavation work. 2. The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly. 3. Eroded sediment shall be removed immediately from pavement surfaces, off-site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts. 4. Water containing sediment shall not be flushed into the surface water management system, wetlands or streams without first passing through an approved sediment filtering facility or device. 5. In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. The applicant has stated (p. 12 of the application narrative ) that the project will comply with the above plan implementation standards. To ensure compliance Staff is recommending a condition of approval to ensure continued compliance. L. Type III Conditional Uses. The proposed use is a Type II permitted use; therefore, this standard does not apply. COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES: Citizen Involvement: Policy 2.1.1 provides that the City will assure citizens are provided an opportunity to participate in all phases of the planning and development review process. Notice of the applicant's proposal and the public hearing has been mailed to property owners within 250 feet of the site, posted on the site and published in a newspaper of general circulation in accordance with TMC 18.32.130. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010 - FANNO CREEK STABILIZATION & ENHANCEMENT PAGE 10 OF 12 0 Physical Limitations and Natural Hazards and Wetlands: Policy 3.1.1 provides that the City shall not allow development in areas meeting the definition of wetlands under chapter 18.26 or areas having slopes in excess of 25% except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development. (Note: This policy does not apply to lands designated as significant wetlands on the floodplain and wetlands map.) Floodolains: Policy 3.2.1 provides that the City will prohibit any development within the 100-year floodplain that would result in any rise elevation of the 100-year floodplain. ° Floodolains: Policy 3.2.2 provides that the City shall prohibit development in the floodway, except if the alteration preserves or enhances the function and maintenance of the zero-foot rise floodway. Floodnlains: Policy 3.2.3 provides the zero-rise floodway be maintained, that there be no detrimental upstream or downstream effects, and dedication of open land area for greenway including portions for a pedestrian pathway. Policies 3.1.1, 3.2.1, 3.2.2, and 3.2.3 are implemented directly through the approval standards of the Sensitive Lands chapter of the Community Development Code. Compliance with each of these approval standards is addressed earlier in this report. Floodolains: Policy 3.2.4 provides that the City prohibit development within areas designated as significant wetlands on the floodplain and wetlands map. The applicant proposes to stabilize the bank of Fanno Creek and restore native vegetation within the riparian area. This type of restoration does not meet the City's definition of development (18.26.030) and is specifically permitted in the Water Resources Overlay District which applies to Fanno Creek. Staff has addressed the specific Development Standards of the W-R Overlay District in the preceding sections of this report. SECTION V. OTHER STAFF COMMENTS The Engineering Division has reviewed this proposal and offered the following comments: 1. The applicant proposes to stabilize an eroding stream bank by the placement of five stream barbs that extend into the floodway. A hydrology report was submitted that was intended to show compliance with the CDC at 18.84.040 A (1) and (3). The hydrology report is not sufficient to show compliance with the approval standards. 2. The applicant proposes to compensate for the flow restriction caused by the barbs by providing a smoother creek channel, measured by the value of "n", that will convey the 100-year flood without increasing its surface elevation. The applicant first computes the value of "n" required for the channel to convey the flood then notes that the "n" value of the boulders used for the barbs meets this requirement and concludes that this assures that there will be no increase in the surface elevation of the 100-year flood. There are several problems with this proposition. First, for the channel to have the required capacity, the entire channel must be improved, not just the portion with the barbs. Second, the "n" values assigned by the applicant for the boulders only apply if the flow of water is parallel to the surface of the rocks. Here, the boulders project into the flow so the assigned "n" values are not valid. Finally, there is no accounting for the swirling and resulting energy loss caused by the barbs. 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010- FANNO CREEK STABILIZATION & ENHANCEMENT PAGE 11 OF 12 0 3. There is no showing of preserving "the floodplain storage function" as required by the CDC at 18.84.040 A (1) and compliance with the balanced cut and fill standard for floodplains of Unified Sewerage Agency Resolution and Order 96-44 at 3.12. Recommendations: 1. That the submitted hydrology report not be accepted. 2. That compliance with Unified Sewerage Agency Resolution and Order 96-44 be shown. 3. The applicant should provide the City with the Bendway Weir Theory, Development and Design Fact Sheet that is referred to on Page 1 of the narrative. There is nothing in the applicant's materials that provide the design requirements or background information from the Corps material. 4. In accordance with 18.84.040(A)(1), the applicant's materials should be verified by a registered professional engineer. STAFF RESPONSE: As a result of the Engineering Divisions' comments, the applicant has contracted with an engineering firm to perform hydrological modeling of the project's impact on stream flow characteristics. The results of this modeling will not be available until just before the Public Hearing on this matter. Since the adequacy of the hydrological evidence is the only substantive shortfall of the application, and since the intent of the project is to improve hydrologic conditions, Staff is making a conditional recommendation to approve the project contingent on a positive result of the modeling. If the evidence provided does not satisfactorily address all the concerns of the Engineering Division, Staff will recommend the Hearings Officer deny the application. SECTION VI. AGENCY COMMENTS The United States Army Corps of Engineers reviewed this application and offered the following comment: The Corps of Engineers states that an application for a permit had not been submitted at the time comments were submitted. The applicant has had a pre-application meeting with the Corps and will be required to submit a pre-construction notification to determine for which type of permit the project may qualify. The City will need a copy of the Corps permit prior to commencement of work. The Oregon Division of State Lands reviewed this application and offered the following comment: The Oregon Division of State Lands has been at the site and discussed the proposal with the applicant. Currently waiting for pending application submitted to commence permit review. No other comments or objections have been received. & September 4. 1998 PREPARED BY: v M. J. Roberts DATE Associate Planner i Acu rp l n\mj r\e l r98-10. rpt 9/14/98 HEARING'S OFFICER STAFF REPORT SLR 98-0010 - FANNO CREEK STABILIZATION & ENHANCEMENT PAGE 12 OF 12 W 10 N•.• \ ~ - \ \ \ FANNO CREEK :.:K \ n rw~ !n ~:::.1 f 1 1 O ~N J r • 1 ~ O Y~ 0] ~o.:.a:•:.: LL. W 1- J i... CREEK j-:. .1 lip \ O U (map is not to scale) SITE PLAN EXHIBIT MAP CASE FANNO CREEK AT N SW 74th INDUSTRIAL PARK, SLR 98-0010 c .0 C~ a ;mv unity DeveloWent l w Q CD ti 1~~P SUBJECT j PARCEL Q U_ H w w GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP SLR 98-0010 FANNO CREEK AT SW 74th INDUSTRIAL PARK NN 0 100 200 300 Feet V= 242 feet City of Tigard trdamratim on the map is for general bcMm o* and sholAd be ve ified with the Devela{mart Sarvices Division 13125 SIN Hall l3hd Tigard, OR 97223 (503) 6334171 httpJ/ww`v. d. Ggard ar. us Plot date: Aug 24,1998; C:VnagicVAAGIC02.APF ' APPLICATION FOR CITY OF TIGARD ' SENSITIVE LANDS AND WATER RESOURCES PERMIT Streambank Stabilization and Riparian Enhancement for Fanno Creek at SW 74th Industrial Park in Tigard, Oregon Prepared for Dan Maloney Pacific Realty Ventures 17700 SW Upper Boones Ferry Road, Suite 100 Portland, Oregon 97224 Prepared by John van Staveren Richard Novitzki Dale Shank Patricia Farrell Dale Groff Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, Oregon 97070 (503) 570-0800 (503) 570-0855 FAX PHS Project Number: 8-1639 August 21, 1998 1.0 INTRODUCTION ' The proposed streambank stabilization and riparian enhancement project is located on SW 74th Avenue in the City of Tigard, on the south side of Fanno Creek (Township 2 South, Range 1 West, Section 12) (Figure 1). Fanno Creek is considered a Major Stream by the City ' of Tigard (City) and is mapped within the Water Resources Overlay District as a Significant Water Resource in the Tigard Planning Area. The project is also within the 100-year ' floodplain of Fanno Creek. As such, Sections 18.84 Sensitive Lands, and 18.85 Water Resources Overlay District apply to the proposed project. 2.0 PROPOSED PROJECT DESCRIPTION The proposed project is a voluntary stream enhancement effort. The intent of the project is to ' provide streambank stabilization and riparian enhancement through a combination of in- stream structures and riparian plantings. The site has been previously disturbed, with a steep rip-rapped bank on the southern edge of Fanno Creek dominated by Himalayan blackberries. ' The proposed to-stream boulder structures for Fanno Creek are five (5) stream barbs ' (bendway weirs) to be installed within the channel of Fanno Creek to reduce bank erosion on the southeast (outside) bank of a meander in the stream. Portions of the bank of Fanno Creek have been eroded by past flood events. ' The barbs are intended to minimize erosion on the outside of the bank and increase the bank stability by reducing toe erosion of the slope. The barbs will be installed at intervals along the ' east bank to direct high flows away from the eroding bank and toward the center of the channel (Figure 2). These barbs will slope linearly from a height of 30-inches above the stream bottom near the center of the channel to the 2-year flood elevation at the outer bank. ' They will be angled upstream at about 45 degrees to the bank. They will be constructed with angular basalt boulders ranging from a diameter of 30-inches in the stream center, to larger (3- 4 feet) boulders on the outer bank. Each barb will have a volume of about 7 to 12 cubic yards ' and will be approximately 5 to 8 feet wide and 6-7 feet high at the bank edge (Figure 3). ' The design of the proposed stream barbs is based on the U.S. Army Corps of Engineers Bendway Weir Theory, Development and Design Fact Sheet. This type of bank stabilization has been used successfully by the Corps in a number of projects and on a variety of rivers and ' streams. The following information is intended to address the specific approval standards and ' application requirements related to the Sensitive Lands and Water Resource overlays, as discussed during a Pre-Application meeting held on August 11, 1998, with M.J. Roberts, Planner with the City. The specific requirement is italicized, followed by the response. Pacific Habitat Services, Inc. ' Page -1- 1 PHS ~ Pacific Habitat Services, Inc. Fig. 1 Location of proposed Fanno Creek stream stabilization and riparian enhancement project on SW 74th Avenue in Tigard, Oregon (USGS, Lake Oswego and Beaverton quads.) NOTES: Five (5) boulder deflectors extending approx. 12-15 feet into channel. Each deflector approx. 12 cubic yards angular, hand-selected basalt boulders, ranging in size from 4-feet to 30-inches in diameter. No equipment will be allowed in the stream. Sediment fencing will be located at both the top and toe of the slope prior to construction. Following removal of blackberries, coir fabric should be placed on the slope prior to seeding and planting. Sediment fencing to remain in place until grass seed established. LEGEND: - . - Sediment fence %Ngft Stream barb (bendway weir) 0 30 60 120 Scale in Feet / / 5i 7140'00' E 54.50' / CREENWAY TRACT 5:62'54!00' 5 Locations Tom' , TO 25'40'00' E Z'' 71.00' / DffiE 4 / cl, j^ . .~i~,tt~~7i~ ! VHF ~ ~ ~ / / ==L_ -:-7- rye- o 1~ 1 3 a` Y FF 140.0 9 PHS ~ ' Pacific Habitat Services, Inc. Fig. 2 Location of proposed stream barbs (bendway weirs) on Fanno Creek at SW 74th Avenue, Tigard, Oregon.