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Hearings Officer Packet - 10/15/2003i HEARINGS OFFICER WEDNESDAY - OCTOBER 15, 2003 - 7:00 PM Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Friday prior to the meeting. Please call 503-639-4171, Ext. 2438 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for 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. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m., no less than one (1) week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. Hearings are held in Town Hall at the City of Tigard at 13125 SW Hall Boulevard Staff reports are available to the public 7 days prior to the hearing date 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 BINGHAM DUPLEX CONDITIONAL USE PERMIT (CUP) 2003-00008 The applicant is seeking approval to build a duplex on a 10,000 square foot parcel that was created as part of a 3-lot minor land partition in December of 2001. The partition was known as the Bingham Partition (MLP2001-00013). LOCATION: On the west side of SW 97th Avenue, south of the future Mountain View Lane extension; WCTM 25111 BA, Tax Lot 1201. ZONE: 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. Telecommunication facilities are conditionally permitted. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790 and 18.795. (Continued) Page 1 of 2 SUBJECT TO CHANGE • i 2.2 HALL BOULEVARD CULVERT EXTENSION SENSITIVE LANDS REVIEW (SLR) 2003-00009 The City of Tigard is seeking approval to extend a stormwater outfall into the floodway along Fanno Creek. The outfall would serve to convey treated stormwater from the water quality facility to the waterway. The water quality facility receives the excess runoff created from the Hall Blvd. half-street improvement. LOCATION: 13360 SW Hall Boulevard; WCTM 2S102DA, Tax Lot 600. ZONE: R-12; Medium Density Residential: The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.390, 18.510, 18.775 and 18.790. 3. OTHER BUSINESS 4. ADJOURNMENT SUBJECT TO CHANCE Page 2of2 i 1 AGENDA ITEM NO. 2.1 AGENDA ITEM NO.: 2.1 DATE: OCTOBER 15, 2003 PAGE_L_OF~ FILE NAME: BINGHAM DUPLEX CASE NOS.: CONDITIONAL USE PERMIT (CUP) 2003-00008 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT - (Speaking In Favor or Neutral) OPPONENT - (Speaking Against) Name Addre s ZIP Code and Phone No. e ICJ I Name, Address, Zip Code and Phone No. bAvE SONoOLE/Z L ' V 1 7 94 b o20 qc) ~ 9 A1A0 I CL." A,' 942o SW Movw7 Op `17224 or, , 1 TI4 rvrz o So3 _603 052?- - - - _ Name, Address, Zip Code and Phone No. - _ ~y I Name, Address, Z p Code and Phone No-&3~F7_6c l _~T/FN ou~ I vlx&~ l h u ckc F9+ illy u m m-o P r~rv~r9100 3 & S S"_' 7. 01 Xoy lef d& q7,3 CV Name, Address, Zip Code and Phone No. I N,,~ddre s, Zip Code and Phone No. 1 -7 C L«~►c P~S'i ~ ga 8-0 sw M )"V Vl`d 1'/ L_/t) " 4 A 2 J 4 O f I q?2 3 (~3~ 7~r03 Name, Address, Zip Code and Phone No. I Name, Address, Zip Code and Phone No. (,)AL_TtbZ Lj. SLA j~_1O ct,- Q 4t 2 S % W &A T- l/ 1(5&,l L-kJ I TC66"t 0P,_0t72D_/4 Name, Address, Zip Code and Phone No. I Name, Address, Zip Code and Phon;N 7 1 g3yc- sw,,f Uw w I T"Dc"a oQ. G-7a,aV Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No. - Name,Address, Zip Code and Phone Z. I------- 1 Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No. 1 I 1 COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE (503)684-0360 Legal Notice TT 10301 BEAVERTON, OREGON 97075 Legal Notice Advertising 'City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. 'Tigard,Oregon 97223 • ❑ Duplicate Affidavit Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, SS. I, xatry I;rjyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTiaard-Tualatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at TSaard in he aforesaid county and state; that the Public Hearing) CUP2003-00008.Binaham Dunlex a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: September 25,2003 _K Subscribed and sworn t befo me thi 1 6_j~_ My Commission Expires: AFFIDAVIT Q/1_ da ~f Reptember,2003 OFFICIAL SEAL ROBIN A BURGESS Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 344563 • • The following will be considered by the Tigard Hearings Officer on Wednesday October 15, 2003 at 7:00 PM at the Tigard Civic Center, - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral- and written testimony is invited. The public hearing on this matter will be conducted in accordance with the Tigard Municipal Code and the rules of procedure adopted, by the Council and available at City Hall or the rules of procedure set forth in Chapter 18.390. Testimony may be submitted in writing prior to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to afford the decision-maker an opportunity to respond to, the issue precludes appeal to the Land Use Board of Appeal based Orr that issue. 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. A copy of the application and all documents and evidence submitted'. by or on behalf of the applicant and the applicable criteria are available for inspection at no cost. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items can also be provided at a reasonable cost. Further information may be obtained from the Planning Division (staff contact: Brad Kilby) at 13125 SW Hall Blvd., Tigard, Oregon 97223,' by calling 503-639-4171, or by e-mail to bradley@ci.tigard.or.us. PUBLIC HEARING ITEM: CONDITIONAL USE PERMIT (CUP) 2003-00008 > BINGHAM DUPLEX < REQUEST: The applicant is requesting approval for a duplex on' a 10,000 square foot parcel. LOCATION: The subject property is located on the west side of SW 971 Avenue, south of the future Mountain View Lane extension; WCTM 2S111BA, Tax Lot 11800. ZONE: 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 for 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 18.330,, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. TT 10301 - Publish September 25, 2003. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD PUBLIC NEARING NOTICE CITY OF TIGARD Community (Devefopment Sf:uping A Better Community NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON WEDNESDAY OCTOBER 15, 2003 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: CONDITIONAL USE PERMIT (CUP) 2003-00008 FILE TITLE: BINGHAM DUPLEX APPLICANT: Wayne Bingham OWNER: Houck Family Limited Partnership 14320 SW Barlow Court PO Box 4114 Beaverton, OR 97008 Salem, OR 97302 REQUEST: The applicant is requesting approval for a duplex on a 10,000 square foot parcel. LOCATION: The subject property is located on the west side of SW 97th Avenue, south of the future Mountain View Lane extension; WCTM 2S111BA, Tax Lot 11800. ZONE: 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 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18,765, 18.790, 18.795 and 18.810. 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 PROCEDURES 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) 6394171, EXT. 2438 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. • IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, 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 AN OPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER BRAD KILBY AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO bradley@ci.tigard.or.us. VIEW CT' i 1 __5_1 MCDONALD _ ~ I I I ,JANZEN ELROSE ST os T UI I J E S~' a I ~ ~ I co ~ rn rn W VIEW TERR PEMBROOK ST L' D G TM I I~I f_ SW 5i ELROSE CT Q I / ( VICINITY MAP CUP2003-00008 BINGHAM DUPLEX __j - V E RR Z D - < N m 0 100 200 000 .00 500 39, 1w LL' City of Tigard 9YOmu69n an n~ ma9 b w venval 19c99o. o.M xa Q .noula ee.c6b6 wn, 9M . SbMCO P+abn. Z 13125SW WOBw6 (V r9a1 OR 91220 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Wayne Bingham for a ) FINAL ORDER conditional use permit for a duplex on a 10,000-square foot ) lot east of 97th Avenue and south of the future Mtn. View ) CUP 2003-00008 Lane in the R-4.5 zone in the City of Tigard, Oregon ) (Bingham Duplex) A. SUMMARY 1. The applicant, Wayne Bingham, requests approval of a conditional use permit to construct a duplex. The applicant proposed to construct the duplex on a 10,000-square foot lot created as part of a 3-lot minor partition, MLP2001-00013 (Bingham Partition). The site is east of 97th Avenue and south of the future Mountain View Lane extension (tax lot 1201, WCTM 2S11BA (the "site"). The site and surrounding land is zoned R-4.5. The Staff Report dated October 3, 2003 (the "Staff Report") contains a history of City review and development on the site, which the hearings officer incorporates as his own. 2. Tigard Hearings Officer Larry Epstein (the "hearings officer") conducted a duly noticed public hearing to receive testimony and evidence in the matter. At the hearing, City staff recommended conditional approval of the application. The applicant accepted the recommended conditions without exceptions. Two neighbors testified orally. Other than service providers, no one testified in writing. Disputed issues in this case include: a. Whether the site contains 10,000 square feet; b. Whether area streets can accommodate increased traffic generated by the proposed duplex; and c. Whether the proposed duplex will affect the value of surrounding lots, and whether such impacts are relevant to the applicable approval criteria. 3. The hearings officer concludes that the applicant sustained the burden of proof that the proposed duplex does or can with the approval criteria for a conditional use permit based on the findings and conclusions included and incorporated herein and subject to conditions at the end of this final order. B. HEARING AND RECORD 1. The hearings officer received testimony at the public hearing about this application on October 15, 2003. All exhibits and records of testimony are filed with the Tigard Department of Community Development. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex pane contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected testimony offered at the public hearing in this matter. 2. City planning manager Dick Bewersdorff summarized the Staff Report and recommended approval of the application subject to the conditions provided therein. He noted that the applicant recorded a final partition plat creating the site, although a copy of the plat is not in the record. He agreed to introduce to the record a copy of the final plat. If the site is smaller than 10,000 square feet, he recommended that the hearings officer add a condition of approval requiring that the applicant to adjust lot lines as needed so the site contains at least 10,000 square feet. CUP 2003-00008 Hearings Officer Final Order (Bingham Duplex) Page 1 3. The applicant, Wayne Bingham, accepted the Staff Report and recommended conditions without exception. He testified that he intends to live next door to the site. He noted that the site is located on the east side of 92nd Avenue, not the west side as listed in the Staff Report. He testified that the site contains 10,000 square feet based on the recorded final plat. The dimensions shown on the site plan provided at the neighborhood meeting are incorrect. He waived his right to submit a final written argument. 4. Aase Otto testified in support of the application. She opined that the proposed duplex is consistent with the residential character of the area. 5. Dave Schooler summarized his written testimony. He argued that the site contains less than 10,000 square feet, based on the dimensions shown on the site plan that the applicant provided at the neighborhood meeting. He argued that the additional traffic generated by the proposed duplex will have a significant impact on Mountain View Lane. He opined that the proposed duplex is inconsistent with the existing neighborhood. 6. At the end of the hearing, the hearings officer held the record open for one week to allow the City to submit a copy of the partition decision and the final partition plat. The record in this case closed at 5:00 p.m., October 22, 2003. C. DISCUSSION 1. The Staff Report identifies the applicable approval standards for the application and applies them to the record in the case. The hearings officer agrees that the standards identified in the Staff Report are all of the applicable standards and finds that they are correctly applied to the facts of the case in the Staff Report. Substantial evidence in the record shows that the proposed use does or can comply with the applicable approval criteria for a CUP, and adoption of recommended conditions of approval as amended will ensure final plans are submitted and implemented as approved consistent with those criteria and standards and will prevent, reduce or mitigate potential adverse impacts of the development consistent with the requirements of the Tigard Development Code (the "TDC"). The hearings officer adopts the findings in the Staff Report as his own, except to the extent inconsistent with the findings and conclusions in this final order. 2. The principal dispute in this case is whether the site contains at least 10,000 square feet, which is the minimum lot size for a duplex. TDC 18.330.050.B. 14.a. The recorded partition plat, Partition Plat No. 2003-048, states that the site (Parcel 2) contains 10,000 square feet. However, based on the dimensions shown in the recorded partition plat, the site contains 9,999.86 square feet.[ The question presented by these facts is whether to round-up the site size to 10,000 square feet or to require the applicant to file a lot line adjustment to add 0.14 square feet to the site. The TDC does not say whether fractional dimensions should be rounded up or down. a. The applicant could record a lot line adjustment to increase the size of the site to 10,000 square feet by increasing the site's north-south dimension by 0.06 inches. b. But the hearings officer finds that requiring a lot line adjustment for such a minute change is unreasonable. The hearings officer finds that it is reasonable to round the dimensions to the nearest whole number, because there is no perceptible difference between a lot containing 9999.86 square feet and a lot containing 10,000.00 square feet. 1 Based on the recorded partition plat, the site appears to be a rectangle that is 139.78 feet east-west by 71.54 feet north-south. 139.78 x 71.54 = 9,999.86 square feet. CUP 2003-00008 Hearings Officer Final Order (Bingham Duplex) Page 2 0 0 3. Mr. Schooler expressed concern that the additional traffic generated by the proposed duplex will have a significant impact on livability of existing homes. The issue of traffic impacts is relevant to TDC 18.330.030.A.3. That is, the issue is whether public facilities (i.e., streets) have adequate capacity to serve the proposal. The hearings officer finds that the proposed duplex will generate only a minor increase in traffic volumes in the area. Based on the Institute of Traffic Engineers Trip Generation Manual, a single family dwelling generates an average of 10 vehicle trips per day, and a duplex (i.e., a two- unit dwelling) creates about 20 vehicle trips per day. Mountain View Lane currently serves 7 or 8 parcels, based on Mr. Schooler's testimony and the maps in the record. With the two new dwellings created by the duplex, this street will carry fewer than 100 vehicle trips per day and about 10 peak hour trips. This additional traffic may be perceptible to area residents, but it will not exceed the capacity of streets or create a hazard. There is no substantial evidence to the contrary. 4. Property value and popular support (or opposition) are not relevant considerations, based on the plain meaning of the words in TDC 18.330.030 and 18.330.050.B.14, which contain the approval criteria for this CUP.2 Moreover there is no substantial evidence in the record that the proposed duplex may or will affect property value. D. CONCLUSIONS Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the applicant sustained the burden of proof that the proposed duplex does or will comply with the applicable criteria of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact. E. DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP 2003-00008(Bingham Duplex), subject to the conditions of approval in the Staff Report. 2 TDC 18.330.030 provides as follows: The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features; 3. All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; 5. The applicable requirements of 18.330.050; and 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. TDC 18.330.050.B.14 contains the following additional standards for duplexes: a. The minimum lot size shall be 10,000 square feet; and b. The remaining dimensional requirements of the underlying zoning district shall apply. CUP 2003-00008 Hearings Officer Final Order (Bingham Duplex) Page 3 0 0 DATED this 29th day of_C~tober, 2003. Larry Epstejfi,~sc~!dAI,CP City of Ti and d Use Hearings Officer CUP 2003-00008 (Bingham Duplex) Hearings Officer Final Order Page 4 • f "TAB A" Testimony Received at the Public Hearing. 0 10/16/2003 City staff faxed the following to the Hearings Officer for the Hearings Officer to determine the exact size of the lots in question. • MONUMENT NOTES O FD 1/2' R N IRX OEU) FOR S.W. CO6ER OF LOT 0.6 FD 11r P. DOWN 0.Y AT FENCE CORNER (HELD) FOR NORTH 28. 7M.NNDVLLIE IEIGI73 AND CK NO. 1962. STA: 6477.9 111E OF AIMEE PLACE PER SIN 24.&15. BEARS N693723 E O FD 3/4' 1P AT FEET CORNER. BEARS H41W2I-W 0.15' 0.69' (O.CXRI) SM 3.741 FD r i BEARS m226b6"W 036. JUBILEE PLACE OS BSYN INSCRIBED *BUNTON 0.7 ED 516' R W/AC 'WWAKER ASSOCIATES INC.- ED 5/6' IL BEARS N462.TSrW 0.15', FIROSE TERRACE (HELD) PER ASUEE %A0. O FD 5111' R W/AC INSCRIBED 'MAKER ASSOCIATES NC' OS TO r R AT FENCE CORNER (HEED) PER PENROSE TERRACE DOWN 7. (HELD) PER JUBILEE PLACE. SET MONUMENT AT SURFACE 0.9 FD BST/ 'LS 207r. (HELD) PER JUBILEE PLACE 30' 23• 10 FD 1/2' R N MBIC (HELD) PER CR. N0. 1962• STA 11.60.00 PC PARTITION PLAT NO. ;20o3- o qg, REFERENCES -2003 IO J40 RECORDED AS DOCUMENT NO PLATS SURVEYS . TIGARDV9ir HEIGHTS ELROSE TERRACE SM 3,741 94 4,723 91 5.190 SN 5.931 REPLAT OF A PORTION OF LOT 33, TIGARDVILLE HEIGHTS PENROSE TERRACE JAKEE PLACE SIN 10.204 SIN 13,327 SIN 2.379 SIN 24,535 IN THE N.E. 1/4 AND THE N.W. 1/4 ITIEIYNN MOODS 9/ 24.060 24.962 OF SECTION 11. TZS, R1W, W.M. COUNTY ROADS 26. 165 SM 37'376 , CITY OF TIGARD WASHINGTON COUNTY OREGON COUNTY ROAD 110. 1962 DEEDS Doc M0. 2002,-022372 . , CITY OF TIGARD CASE NO. MLP2001-00013 DOC. MO. 2000-065014 FIELD SURVEYED NOVEMBER 14, 2001 OOC NO. m-02MI DOG MO. M-035911 bRELYNNWOODS I rlncrn DOG M0. 95-022439 62 s ?1r NOTE NOTE' DOC. NO. 96-022439 EAST/WEST FENCE. lNE DD OF FENCE 1.5 SOUTH OF ON 646321.29 NT. FEET E 7617712 % NT FEET IS ON PROPERTY LIE LANE + 51193713'11 . . , N895713'E ~ BASIS OF BEARINGS 1501' 340.99" (2100')(PI) RIGHT-OF-WAY DEDICATION 25' 25' .6 12241 SOFT. 0- SN3r13'NW 402.W I 194.79' 139.76' x 1i N F ND W n ' PARCEL 2 Z 10.000 SOFT. os_ ' 11 - 's.OD' PARCEL 1 O S 37.158 SO.FT. GO OC I sN3rlrW } W ; N 0 I 3 U f I 6 FOOT POWFAUIE NW46'30'E 25' 25 0.64' ECL / 99.96' (100.00'1(%) PDC 11 00' r100' 0. m-0369 11 130.57 (130.54'x%)_ TS_ A0 DETAIL' NO SCALE 110, I 5895723'W TO Ea \ LE 1.0.x 4 NOTE EAST/W EST FENCE LINE S ON PROPERTY LINE ' 311' 7E. a 125' O - $ $ TO ECL N L In s S 1 O W~C R f0 D 6 O - ~ 1N LEGEND 0- DENOTES SET 5ArX3O' PO N ROD NTH A YELLOW PLASTIC CAP '66L LAND SURVEYING NC' SET ON MAY 1, 2002 • - DENOTES FOUND MONUMENT AS NOTED x - DENOTES FOUND 5/6' IRON ROD NTH A YELLOW PLASTIC CAP 'BURTON ENGUSEERW UNLESS NOTED . MID PER NELYNN WOODS, UNLESS MDib) iv.. f - DENOTES FOUND 516' NON ROD NTH A YELLOW PLASTIC CAP 1TAHER ASSOCIATES, I NC. U6ES5 NOTED FEUD PER JUBILEE PLACE UNLESS MOTFD . % - DENOTES RECORD DATA PER JUBILEE PLACE P2 - DENOTES RECORD DATA PER BRELYNN WOODS 1 100J JUBILEE PLAGE M - DENOTES RECORD DATA PER SM 24,535 R2 - DENOTES RECORD DATE PER SH 24,962 8511 - DENOTES BRASS SLEW AND WASHER FD - DEN07ES FOUND P - DENOTES IRON PRE R - DENOTES ROM ROD W/AC - DENOTES WTH ALIIWUM CAP CR - DENOTES COUNTY ROAD MM - DENOTES MONUMENT BOX S TA - DENOTES STATION DOC - DENOTES DOCUMENT E0. - DENOTES EASEMENT CUTER U E 3 ° O U n LOrI E 8 1 ' . EW - Z ° S 5rlrW x.OWIF 7 : SM S P2'i ii L 2100'(_2)` n NNIL 1"" N CA S W n . . d N INITIAL POINT 501.00'(5m.2rxP2) ' L_ ,7?1 M 646317.76 NT. FEET U \ E 761621155 NT. FEET x ' j ,~~I 11H ( x.35 (_2) g ' 6435 (94.27 P2) CA 37.59 C I moo a L-J - 245- 5693x131 140.46 (P2) ' 259r I 4266 SEWER EASEMENT PER DOG NO. N-020.TI G o _ s s EL POSE TRACTA rfPRAGE ` RESERVE EASEMENT I 22 PARCEL 3 R L07 5.882 S ST. 17.642 SOFT. I ; 88 NOTE 139.78' p ; I"~ 3C ~ x ~ I I'~ y y~ 8 1TI N f, uF P I 0 FOOT POE I o O F•msNT PER 7.0.7 FROM THIS RAT SET MONUMENT TO LOW 6.00 °F muNiT 1 1 P (75 E R AGe x%)` 4.60 9.34 _E0. 0.4r (96.461(%)_____r__. /21AC 21 OC ' r E R I 117.9) 9197 1 ROC' J ~7D . . J. 1 tf 25 25 r OD ~ I) • , ' 503.69' (503.86'XP1) 60 NOTE 7 LOrC 7 9DDOY37'E EAST/WEST FENCE LINE LOr6 5 ON 11-- Lim -4 V~ T GEODETIC COORDINATES # HAD &1 (N) STATE PLANE COORDINATES ZONE 3661. OREGON NORTH S 9 F I HEREBY CERTIFY THAT TITS IS A TRUE AND EXACT COPY COMBINED FACTOR 0.999 t~S1 OF THE ORION& PARTITION PLAT SEE PONT O AND INITIAL POINT FOR COORDINATES. L.L.. .L..... COORDINATES ARE PROVIDED FOR THE CITY OF TICMD PROFESSIONAL ( R S GtS 00 NOT CONFORM ONLY AND THE NO LAND STIR EFT ED 1 D 3 STANDARDS AS DEFINED N O CHAPTER R 91360. I CURVE TABLE O'Ecow I CURVE I LENGTH I RADIUS DELTA I OIO1D I BEARING B6A11 K IERSOI C I 59.96 1 12500 I 2x29'06' 1 59.39 I 20.55 C2 1 I 7100 2IFS '51' 1 3).49 1 ERR. 6-]0-0.7 C3 4LSlf C4 50.25 100.00(P2) 2676'x' 49.70 S76'51'32 W SHEET T OF 2 3.25 P2 (2S4r30afP21 (49.7202) (57631'5 P2 3196 P2 11 75.WP2)_I 272966 (P21 31 P2 1 N761Y40'EFP2 SURVEY PREPARED BY: 12500(_2) 1 21F40' 9- 61 C. INC. L µ B S~A ( (6239x_2) 1 Pz I(S76'46'46'Ml(P2) (61 W NiM 81 16 S VE BEAVERTON, OREGON 97006 PHONE (5D3) 641-0306 JOB NO. 2331 JTC 10/16/2003 09:50 FAX 5036847 City of Tigard 0 ~p 1 ~g. IN q R a ail ~~yy p ~ pR ~Q ~C ~ ff66>iI ~ ~ ~ N~±139 B ~ < a 9 $ F1 6 RA F ~6°sp7 Jill 9 P R eq.~ piaa AN; Is ~I i4i ~i ~rS i £ It tit q t ~ ~ q P ° ~sw 9 r jqq €41 I 1 Ic I q R R 6. Q 003 O liz o x Z z p O w 0 r ac 0 0 FILE NO.: CONDITIONAL USE PERMIT (CUP) 2003-00008 FILE TITLE: GINGHAM DUPLEX APPLICANT: Wayne Bingham OWNER: Houck Family Limited Partnership 14320 SW Barlow Court PO Box 4114 Beaverton, OR 97005 Salem, OR 97302 REQUEST: The applicant is requesting approval for a duplex on a 10,000 square foot parcel. LOCATION: The subject property is located on the west side of SW 97th Avenue, south of the future Mountain View Lane extension; WCTM 25111 BA, Tax Lot 11800. ZONE: 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 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. > 1) By my calculations, the proposed parcel is less than 10,000 square feet (the minimum lot size for a duplex conditional permit in an R-4.5 zone). The "master site plan" provided by the applicant shows a lot size of 138'6" x 71' 6", for a lot size of 9,903 square feet. From a technically legal aspect, this request should not even be considered for approval. 2) Adding three more families to the neighborhood is a significant increase for the street, and will affect livability for the families living on Mountain View Ln. There are currently seven family-units with a Mountain View Ln address on the block, and adding three units is an increase of 43%. 3) 10,000 square feet is a smaller than average lot size for the immediate neighborhood. Building a duplex on a lot that small changes the density of the neighborhood and may well threaten property values of nearby homeowners. 4) There are no duplexes anywhere near this neighborhood, as far as I know. The closest that I know of is near Hall Blvd, a very different type of neighborhood. A duplex in this neighborhood will be out of place and unwelcome. As far as I know, all homes in the neighborhood are owner-occupied, with owners taking pride in the landscaping and upkeep of their homes. Beyond that, there is a very low occupancy turnover. A duplex will always be a rental, changing the neighborhood makeup. Terms used by the real-estate agent in selling our home to us (and that have kept us here) are "well established neighborhood", "quiet", "predominantly owner occupied", "large lots", and "private". A duplex so close (and on a small lot) could change all of these hard to find neighborhood attributes. 5) 1 think that building a home instead of a duplex on the parcel would fit the neighborhood much better, a Id not change the intended use by a great deal. ve School 503) 603-0522 L 9420 SW Mountain View Ln 0 0 We, the undersigned, object to the consideration of the Tigard Conditional User Permit (CUP) 2003-00008 for the reasons on the opposite side of this paper. We live close to the proposed duplex property, and feel that our neighborhood would be negatively affected by the building of a duplex on the property. Name Address JO~ 4 ' -O&P t- q:%*qs, beta Mf - Vu, &-'1 111'~IeI14 E- DAvE 5cwaw#- qK zv ~ GI/1 aQ-/Z CI/ ~ ~ u f ar .D94 ~ i _ C i r SW MOVAITl9M/ VLcu, LN q31 w Stu Hd4'I ro i'v U r f_ w Lip/ Phone JJ 0 1- 9V s Z 01~ lG 4/I 503- 6o 3 os 2?. ,5703 &,3 ?5o ~ OT 4AI I-Ir ~<.41. I , a V'-' ~ ~ " V ,?/,v 1605~ 1 L".1 Siv 10-1 U~EW C,u Nas. 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EL. 262' I EL. 26r Street Treco: I Maple -RED Northwood AT 40 FEET O)C MIR 2' 0 AT 4' ABOVE GROM 1 CENTEMD IN 4' UWARE PLANTER ADJACENT TO SIDEWALK ' MASTER - 30TE PLAN h q f=TH tveI tt01 / Czrn `r ~yc f I ~mtmetng arlvactJ ~ { ~1) LANE~ i cl , m 'ob t X10 SCALE : ~ y'l7[-'"-1 0' 10' 20, 30' 40' "TAB B" Applicant's Materials & All Correspondence Filed with Hearings Officer Prior to the Public Hearing. Q D ~ D' 4 fl AGENDA ITEM N0. 2.1 > D ,Q D 4 D >Q 4 D 4. ~Q ;D0 D ,Q >Q 4 ~ 4 D ;Q D Agenda Item: 2.1 Hearing Date: October 15. 2003 Time: 7:00 PM STAFF REPORT TO THE HEARINGS OFFICER CITY OFTIGARD Community (Development FOR THE CITY OF TIGARD, OREGON SkapingA(Better Community 120 DAYS = 1/6/2004 SECTION I. APPLICATION SUMMARY FILE NAME: BINGHAM DUPLEX CASE NO: Conditional Use Permit (CUP) CUP2003-00008 APPLICANT(S): Wayne Bingham 14320 SW Barlow Court Beaverton, OR 97008 OWNER(S): Houck Family Limited Partnership PO Box 4114 Salem, OR 97302 PROPOSAL: The applicant is seeking approval to build a duplex on a 10,000 square foot parcel that was created as part of a 3-lot minor land partition in December of 2001. The partition was known as the Bingham Partition (MLP2001-00013). LOCATION: The project is located on the West side of SW 97th Avenue, and South of the future Mountain View Lane extension. WCTM 25111 BA, tax lot 1201. COMPREHENSIVE PLAN AND 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. Telecommunication facilities are conditionally permitted. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 1090 and 18.795. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit, will not adversely affect the health, safety and welfare of the City and meets the Approval Standards of the Tigard Development Code. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval. BINGHAM DUPLEX PAGE 1 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 9 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS: Zubmit to the Planning Department ( ruby, 6394M, ext. 24Wtor review and approval: 1. Prior to the issuance of any building permits for the duplex, the applicant shall complete all improvements that were required by MLP2001-00013. FAILURE TO SATISFY THE CONDITION OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID. SECTION III. BACKGROUND INFORMATION Vicinitv Information: i ne property is currently vacant. It is surrounded by single-family homes and some larger lots that are currently underdeveloped. P~ropertv Histo A Minor-Land-Partition was approved for the property in December of 2001 (MLP2001- 00013). This is parcel 2 of that partition. The applicant indicated in the narrative of that partition that they would seek conditional use approval to construct a duplex on this lot. Site Information and Proposal Description: The site is located~ongountaln View Lane. The site is relatively flat and vacant. The applicant is proposing to build a duplex on the lot. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 Lists the se C-aTegories. The applicant is proposing to build a duplex on the lot. Duplexes are permitted conditionally within the R-4.5 zoning district. Summary Land Use Permits: Chapter 18.310 Dines the decision-making type to which the land-use application is assigned. The proposed use is a Conditional Use permit which is a Type III-HO decision. The review is handled by a Type III-HO process and heard by the Tigard Hearings Officer. SECTION V. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this report are as follows: A. 18.330 Specific Conditional Use Criteria (3eneral Approval Criteria) Additional Conditions of Approval) BINGHAM DUPLEX PAGE 2 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • B. inTligable Development Code Standards less en is 2-oning is ricts) 18.705 Access, Egress & Circulation) 18.715 Density Computations) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening) 18.765 Off-Street Parking and Loading Requirements) 18.780 Signs 18.790 Tree Removal) 18.795 (Visual Clearance) C. Street and Utility Im rovement Standards (18.8101 D. Impact Study SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and subject to other requirements in Chapter 18.330. GENERAL APPROVAL CRITERIA FOR A CONDITIONAL USE: SECTION 18.330.030 The site size ancf-aimensions provide adequate area o-r the needs offhe proposed use; The parcel is 10,000 square-feet in size. 7,500 square feet is the minimum lot size that is required for a duplex in the R4.5 zoning classification. This report evaluates the proposal and necessary setbacks, landscaping, etc., and as demonstrated in the application and this report, the site size is adequate for the needs of the proposed use. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; There are no specific limitations to the site with regard to the shape, location, topography or natural features that would hinder the development of the site with the proposed use. The site is suitable for the proposed development. All required public facilities have adequate capacity to serve the proposal; and All public facilities including streets, storm and sanitary sewers, and water have adequate capacity to serve the site when the improvements that were required of the Minor Land Partition are completed. The final plat has been recorded for the minor land partition, and the financial surety has been posted for the improvements, but at this time none of the improvements have been completed. The applicable requirements of the zoning district are met except as modified by this chapter. The proposed site is located within the R-4.5 zoning district. As indicated earlier, duplexes are permitted conditionally. As discussed further in this report, the applicant has met or exceeded the requirements for the zoning district. BINGHAM DUPLEX PAGE 3 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The supplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met or can be conditioned to be satisfied. The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.390 Decision Making Procedures; 18.510, Residential Zoning Districts, 18.705, Access, Egress and Circulation; 18.715 Density Computations; 18.725, Environmental Performance Standards; 18.745, Landscaping and Screening; 18.765, Off-Street Parking; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and 18.810, Street and Utility Improvement Standards. The development standards and requirements of these chapters are addressed further in this report. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. FINDING: Based on the analysis above, the General Approval Criteria for a Conditional Use are satisfied. ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE. Uection 18. sates tFaa fFe Rearings - hority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place and/or manner of operation; Since this is an application for a duplex within a residentially zoned district, there is no evidence in the record to suggest that limitations on the manner of operation, hours, or days are warranted. Location of the structure is dictated by the dimensional standards of the underlying zone. This criterion is satisfied. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; The proposal would not likely generate any vibration, air pollution, odor, glare, noise, or dust that would be considered out of character for any other residentially zoned property. This criterion is satisfied. Requiring additional setback areas, lot area, and/or lot depth or width; The lot is large enough to accommodate the proposed building that is to be constructed. The proposed use will exceed the side yard setbacks of the underlying zone, and will meet the front and rear yard setbacks as required by this chapter. Dimensional criterion is discussed in more detail further in this report. This criterion is satisfied. Limiting the building height, size or lot coverage, and/or location on the site; According to the site plan, the impervious surface will cover roughly 64% of the site. There is no maximum lot coverage requirement in R-4.5 zoning classification. The applicant also states that the building will not exceed 24 feet in height. The maximum allowed height in the R-4.5 zoning classification is 30 feet. Location on the site has already been discussed. This criterion is satisfied. Designating the size, number, location and/or design of vehicle access points; BINGHAM DUPLEX PAGE 4 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 9 The applicant is proposing to access off of SW Mountain View Lane, which the applicant was required to construct with the partition. There are two proposed accesses from the street to serve the development. Each access is proposed to be 20 feet wide. The development code requires a minimum of one, 15-foot access. Access is discussed in more detail later in this report. The criterion can be satisfied. Requiring street right-of-way to be dedicated and street(s) to be improved; The site has frontage on SW Mountain View Lane. The applicant was required to construct the improvement as a condition of approval for the Minor Land Partition. There is no further need for additional right-of-way, or street improvements. This criterion is satisfied. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; These items are addressed later in this report. As conditioned, the proposal will meet the prescribed requirements of the Tigard Development Code (TDC). Limiting the number, size, location, height and/or lighting of signs; The applicant is not proposing any signs. Any subsequent need for signage will require that the applicant obtain a sign permit prior to placement. This criterion is not applicable. Limiting or setting standards for the location and/or intensity of outdoor lighting; The site plan indicates no additional lighting other than those required as part of the street improvements. There is no evidence in the record to suggest that the lighting for this building would be any different from the lighting that is used by the surrounding residences. If there are complaints filed with regard to lighting of the site, an investigation will be initiated by the Tigard Code Enforcement Officer, and citations will be issued where warranted. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; The applicant has satisfied all of the dimensional requirements of the underlying zoning district and exceeds the side yard setback on both sides of the duplex. The applicant has also indicated that the landscaping would include street trees, existing trees, and lawn. Since the property is residentially zoned, and the property is being developed with a residential use, no additional landscaping is required. Requiring and designating the size, height, location and/or materials for fences; The applicant has not proposed any fencing for the project. There is no requirement for fences or screening for this use. This criterion is not applicable Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; There are no trees, watercourses, habitat areas, or drainage areas associated with this site. Soil and vegetation protection will be required as part of standard construction/erosion control methods. This criterion is satisfied. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and The property is not adjacent to the floodplain. This criterion is not applicable. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. BINGHAM DUPLEX PAGE 5 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 0 • The property is not adjacent to the 100-year floodplain. This criterion is not applicable. ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES: SECTION 1 b.33U.U5U The a«f~fi Tonal development standards are specific criteria that must be considered at the time of application for a conditional use. The criteria states that there shall be a 10,000 square foot minimum lot size required for duplexes, and that the dimensional standards of the underlying zoning district must be satisfied. The subject site is a 10,000 square foot lot, and the applicant's proposal has satisfied all of the dimensional standards of the R-4.5 zone. This criterion is satisfied. B. APPLICABLE DEVELOPMENT CODE STANDARDS RESIDENTIAL ZONING DISTRICTS 1~ 8.Maccommodate The~t~.5 zoning district is designe detached single-family homes with or without accessory residential units at a minimum lot size of T,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. Development Standards: Section 18.510.050 States that Development standards in residential zoning districts are contained in Table 18.510.2 below: The subject site and the surrounding properties are all designated R-4.5 Low-Density Residential. EXCERPT FROM TABLE 18.510.2 DEVELOPMENT STANDA RDS IN RESIDENTIAL ZONES STANDARD I R-4.5 1 PROPOSED Minimum Lot Size - Detached unit 7,500 sq.ft. N/A - Duplexes 10,000 sq.ft. 10,000 sq. ft. - Attached unit [1] Average Minimum Lot Width - Detached unit lots 50 ft. N/A - Duplex lots 90 ft. 139.78 ft. - Attached unit lots Maximum Lot Coverage [2] I - I - Minimum Setbacks - Front yard 20 ft. 20 ft. - Side facing street on 15 ft. N/A corner & through lots - Side yard 5 ft. 28 ft. each side - Rear yard 15 ft. 15 ft. - Side or rear yard abutting more restrictive zoning district N/A - Distance between property line and front of garage 20 ft. 20 ft. Maximum Height 1 30 ft. 1 24 ft. Minimum Landscape Requirement I - I - [1] Single-Tamily attached residential units permitted at one dwelling per lot with no more than five attached units in one grouping. [2] Lot coverage includes all buildings and impervious surfaces. FINDING: As proposed, the project meets or exceeds all of the required dimensional standards of the R4.5 zoning classification. BINGHAM DUPLEX PAGE 6 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • ACCESS, EGRESS AND CIRCULATION (18.7051 Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the a plicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The nearest collector to this project is SW McDonald Street. Therefore, this criterion is not applicable to this project. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. SW Mountain View Lane is classified as a local street and, therefore, the driveway spacing does not apply. Public street access. All vehicular access and egress as required in Sections and-T$T05.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The duplex will have access onto SW Mountain View Lane. Mountain View Lane is a public street. This standard is met. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. Minimum access requirements for residential use. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet;. The maximum cross slope of a required turnaround is 5%. There are no access drives in excess of 150 feet. The access is directly off of SW Mountain View Lane and each garage is no more than 20 feet from the right-of-way. This criterion is satisfied. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length; There are no driveways associated with this project that are greater than 200 feet in length. This criterion is satisfied. BINGHAM DUPLEX PAGE 7 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • ! Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. There is no access onto either a collector or an arterial for this development. This criterion is not applicable. DENSITY COMPUTATIONS: CHAPTER (18.715) 18.715.020 Density Calculation The applicant previously addressed the density calculations with the Minor Land Partition. At the time the parent parcel was developed, the density of this duplex was considered to ensure that the maximum density of the overall site was not exceeded. The maximum number of units that were available to the parent parcel was seven, and the minimum available to the parcel was five. With approval of the duplex, the applicant will have attained the minimum density of five units on the parent parcel. The standards of Chapter 18.715 have been previously satisfied. ENVIRONMENTAL PERFORMANCE STANDARDS - CHAPTER (18.725 }requires tFaTfeaeral and-siate environmentTiaws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (1-P) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district, which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. There is no evidence in the record that would suggest that any problems associated with noise, emissions, vibrations, odors, glare and heat, or insects and rodents would result from this specific development. BINGHAM DUPLEX PAGE 8 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • FINDING: Based on the information provided by the applicant, the use of the property will conform to the above requirements. If for some reason the above standards were in question, and it was subsequently found that the use was out of compliance with any of the above standards, the property owner would be subject to code enforcement, court review, possible fines, and revocation of the Conditional Use Permit. A search of City records does not indicate any code enforcement issues associated with the existing use. LANDSCAPING AND SCREENING CHAPTER 18.745 Street trees: motion states that a evelopment projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.C Section 18.745.040.C required that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The applicant has already provided a street tree plan as part of the design for the half-street improvements along SW Mountain View Lane. That design has been previously approved. This criterion is satisfied. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. The proposed duplex is in a residential zone and is adjacent to residential uses on all sides. Therefore, there is no buffer requirement for this project. This criterion is satisfied. OFF-STREET PARKING AND LOADING (18.76Q This aapter is applicaRe or deveFopment projects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. The proposed project will create 2 new dwelling units. The TDC requires that attached single units provide one off-street parking space per unit. In this instance, the applicant is required to provide two spaces. The applicant has proposed a two car garage for each unit, and two parking spaces within the driveway for each side of the duplex. This criterion is satisfied. TREE REMOVAL - CHAPTER 18.790: Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees 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. There are no trees on this parcel. The applicant was conditioned to place street trees on the site as part of the street improvements to SW Mountain View Lane. The criterion of this chapter is not applicable. VISUAL CLEARANCE AREAS - CHAPTER 18.795: Visual Clearance Requirements: Section 18.795.030 At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. BINGHAM DUPLEX PAGE 9 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. Additional topographical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. Non-arterial streets. Non-arterial streets 24 feet or more in width. At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a triangle formed by the right-of-way or property lines along such lots and a straight line joining the right-of-way or property line at points which are 30 feet distance from the intersection of the right-of-way line and measured along such lines. FIGURE 18.795.1 ILLUSTRATIONS OF VISUAL CLEARANCE REQUIREMENTS z, s lr~re~k -mat ~ K~ 3v'. -LTwL / to c ~ ay The applicant has identified visual clearance areas on the plans and staff has visited the site. There are no obstructions to the visual clearance areas. Any violations of the vision clearance triangle will be handled by code enforcement proceedings. This criterion is satisfied. STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER-18.810: Although this chapter was listed as an applicable chapter, the criterion of this chapter have been satisfied by completion of the improvements required by the Minor Land Partition that was completed in December of 2001 (MLP2001-00013). As indicated earlier in this report, all public facilities including streets, storm and sanitary sewers, and water have adequate capacity to serve the site when the improvements that were required of the Minor Land Partition are completed. BINGHAM DUPLEX PAGE 10 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 0 • FINDING: The final plat has been recorded for the minor land partition, and the financial surety has been posted for the improvements, but at this time none of the improvements have been completed. In order to have adequate facilities and services, the required improvements must be completed. CONDITION: Prior to the issuance of any building permits for the duplex, the applicant shall complete all improvements that were required by MLP20 1-00013. D. IMPACT STUDY: Uection a states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. 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 a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study addressing the required elements above. The report substantiates that all services are capable of serving the site. The applicant has proposed to make the necessary improvements. Based on the condition of approval and findings of fact within this report, there are no unmitigated impacts as a result of this development to any public systems. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this application and offered no comments. The City of Tigard Engineering Department was sent this proposal and stated that all of their concerns were previously addressed with the minor land partition of this property. City of Tigard Property Manager has reviewed this application but offered no comments. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed this application and offered the following comments: FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: /Access roaQS Snail be within 1 50 feet of all portions of the exterior will[ UI Lilt: 11151 SLUly UI llle building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1) The proposed fire apparatus turn around is approved. No parking signs shall be provided in the turn around. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed width of not less than 20 teet (15 teet for one or two dwellin' units and out buildings), and an unobstructed vertical clearance of not less than 13 feet 6 Inches. (UFC Sec. 902.2.2.1) Where fire apparatus roadways are less than 28 feet wide, "NO PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less BINGHAM DUPLEX PAGE 11 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • 0 than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. (UFC Sec. 902.2.4) TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 26--feet and--45 feet respectively, measured from the same center point. (UFC Sec. 902.2.2.3) GRADE: Private fire apparatus access roadway grades shall not exceed an average g rade oF10 percent with a maximum grade of 15 percent for lengths of no more than 200 feet. Intersections and turnarounds shall be level maximum 5%) with the exception of crowning for water run-off. Public streets shall have a maximum grade of 15%. (UFC Sec. 902.2.2.6) SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS: Fire hydrants for singfe tamily cwelings, du exes and sub-divisions, shaf[-be placecat each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved tire apparatus access roadway. (UFC Sec. 903.4.2.4) REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of retlective markers. I he markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for singfe-tamiFy cw-e-Dings and c-u-p-lexes s~afFbe 1,000 gallons per minute. If the structure(s) is are) 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A-III-A-1. (UFC Appendix III-A, Sec. 5) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and tire Lighting water supplies shall be installed and operational prior to any other construction on the sife or subdivision. (UFC Sec. 8704) Please contact Eric McMullen at (503) 612-7010 with any additional questions. Clean Water Services was given the opportunity to review this proposal and submitted no comments or objections. PREPARED BY: Brad Kilby Associate Planner APPROVED BY: Richard B rsdorff Planning anager BINGHAM DUPLEX 10/15/03 PUBLIC HEARING 10/3/03 DATE 10/3/03 DATE PAGE 12 OF 12 STAFF REPORT TO THE HEARINGS OFFICER VIEW CT >_R~J ~ - SE ST ) J E LROSE CT I- SW MOUNTA ST MCDONALD 5T QI I~ co JANZEN ELROSE ST qT 1 CL 10 4 w_ VIEW TERR 0 PEMBROOK ST ;ommunity Development 1 l I ( I I CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP - CUP2003-00008 _ BINGHAM DUPLEX 1 LEE~j V ~ RR--~ D M INEZ -S-T- ~°lAL`l.Tr`,Rp~ 4 ©yI BONITA , F. gtl10 RO tYYiTWA1 RD Z I Tigard Area Map v D A, < N M 0 100 200 300 400 500 Feet I I - - 1'= 391 feet I City of Tigard Information on this map is for general IGcaticn Orly and I [j should be verified with the Developnenl Services Division. Z U} 13125 SW Han Blvd N r" Tigard. OR 97223 I (Q1 (503) 639.4171 httpJA~.Ci.tigard.Or.us Plot date: Sep 16, 2003: C:\maaic\MAGIC03.APR 1 rrg tr l I was 5o ru*01S - ra. . ]sun rin 00IL~I+oI. 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J54' EL. 263'1 wm a m' ( I w.w v.. 20•0 .v.0 v.. .v.r v« I 1 E, re I 1 1® 7O' 1 EL. 256' 1 I 1 1hI+Od >t EL. 261 Vt~' ` \ J! - - / 1 I r1iC 8% rL 1 Paw - - -t polio { I I I 1-71'•0'--: / \ Y--• 7=•,0~_ 14 1 I EL. 256' EL. 265' EL. 264' EL. 263' EL. 267' EL. 2611 bm"m , I { I II I I YOM A I { lA~blf (I ( EL. 262' ( I I f ( X114 IL I { 1 ~I , I I ll { $ I W I I I EL. 260 - - - - - - - - - - - - - - - - - - - o~ l! - - - - - - - - - - - - - - - - - --r - - - - - - - - - -1 - - - - I- - --EL. 261' W _ EL. 262' I EL. 261 1 { >r ~ ma to RED Norftood AT 40 FEET O/C "Pt 2' 0 AT 4' ABOVE ORO" CENTERED N 4' 6OL RARE PLANTER _ ADJACENT TO SIDEWALK I Lk CITY OF TIGARD T cny 01 r10A*D SITE PLAN N (Map is not to scale) CUP2003-00008 BINGHAM DUPLEX 0 PREAPP. HELD BY: CITY OF TIGARD PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 503.639.4171/503.684.7297 CITY OF TIGARD OREGON LAND USE PERMIT APPLICATION File # Other Case # Date' By Receipt # City ❑ Urb ❑ Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR, ❑ Adjustment/Variance (I or 11) ❑ Minor Land Partition (II) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) Conditional Use (III) - ❑ Sensitive Lands Review (I, II or III) ❑ Historic Overlay (11 or 111) ❑ Site Development Review (11) ❑ Home Occupation (II) ❑ Subdivision (11 or III) cress Ir avan01[e) 9&510 4 9530 5. w. ►~►~ov►K't a~it^ Vied hake. 1 AA MAr' 6c I AA LV I NUJ. 25111 BA - O 1 ZO I 10 W17r=t 10, 000 StiACkYe ' ee+ 8 K~tb.~ ❑ Zone Change (III) ❑ Zone Change Annexation (IV) ❑ Zone Ordinance Amendment (IV y7 U iZ 4 5 AI'h'LIUAN I' W0 ,,.e W. 5 i v%q~ a vin UKtbb/k,1 I Y/J I A 1 t/LW 1 14.320 S.LJ. 150,Y' lbw COUrA, ~eav~~'1-ov1, Orregov\ 97008 VHUNt NU. t-AA NU. 5'03 - 64(0-7899 13163-430 -CA ZO D. L04yKt- & Vl~ MKok 56.3 2 24 - 017 3 (00v T a Is Ir more than one) Houck Fa.w, i l!j LiwtI 4t p4vtv►eyr I F MAMTRG-AUMrzoo/C11 J A 1 ElZfr P.O. Pax 4114, SalC&AA C71re~dv< 9730Z F'NUNt NU. 5'03 - 58! - 0 o 0 t-AA NU. 503 - 586- 8911 'When the owner and the applicant are different people, the applicant must be purchaser of record or a lessee i, possession with written authorization from the owner or an agent of the owner. Thetners must sign this application in th space provided on the back of this form or submit a written authorization with this application. PKUPUSAL lease oe spearlc.)) We roroOse •~-O ~ot4 t (d 4 Atxvle-K 1o" 4lr IDr-0iaf +L WkIC~ l5 Gt '4CGA 1o C W~CVe- l,ai'~. to Z Iau- k O(AV ~ ~4y4t, -hi a,~ caw . 10 0 hex or ou v APPLICATIONS WILL NO BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS A` DESCRIED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. 07/24/2003 15:49 5035858911 HOUCK ASSOCIATES LLC PAGE 02/02 10:bSAM FRW-SLX • 903-224-4836 • 1-801. P.01/01 F-440 THE APPLICANT SHALL CERTIFY THAT: 4 if the application is granted, the applicant shall exercise the rights granted In accordance with the terms and subject to all the conditions and limitations of the approval. • All 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 c-n this application, map 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(s). SIGNATURES OF FACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. ~.Ler's Sign ur Date c AA. Owner's Signature Date Owner's Signature Owner's Signature Owner's Signature Applic AgenURepresentatlvYs Signature . Appllcant/Agent/Representative's Signature Date Date na~A -7- 2 ~ - 6 3 Date 0 ate July 29, 2003 RESIDENT Re: Conditional Use-Duplex Dear Future Neighbors: I will be the future-owner of the subject property, and Stan Houck is the present owner of the property located at 9510 and 9530 S. W. Mountain View Lane, Tigard, Oregon, also known as Parcel 25111 BA-01201. 1 am proposing a Conditional Use permit for a duplex at this location. Adjacent to this parcel (9450 S. W. Mountain View Lane) I have submitted for a building permit for my new residence. Prior to applying to the City of Tigard for the necessary duplex permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: WHEN: August 13, 2003 TIME: 6:00 p.m. to 7:00 p.m. WHERE: Tigard City Hall 13125 S. W. Hall Blvd Tigard, OR 97223 Please notice this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to personally meeting you, and discussing this proposal. Please call me at (503) 646-7899 if you have any questions. Sincerely, Wayne W. Bingham :Tkf Ot J 3~~ . 0 F. Section not used. G. Effective date. The Director's decision is effective on the day after it is final. 18.390.040 Type II Procedure A. Preannlication conference. A preapplication conference is required for Type II actions. Preapplication conference requirements and procedures are set forth in section 18.390.080C. O Application requirements. 1. Application Forms. Type II applications shall be made on forms provided by the Director as provided by Section 18.390.080 E1; O Submittal Information. The application shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre-stamped and pre-addressed envelopes for all property owners of record as specified in Section 18.390.040C. The records of the Washington County Department of Assessment and Taxation are the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list; O Include an impact study. 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 requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. C. Notice of nendine Tvoe II Administrative Decision. 1. Prior to making a Type II Administrative Decision, the Director shall provide notice to: a. All owners of record within 500 feet of the subject site; b. Any City-recognized neighborhood group whose boundaries include the site; c. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or who is otherwise entitled to such notice. Decision-Making Procedures 18.390-5 SE Update: 04101 • - • Iwpav+ Sfud~ ~~l-1_T~ C X 1 h. "~14,i' -L~. Sep- tll CG S. !_I!tl s 1_S _Y_G_SL~_a x S~i~e_~ l ~ ~o_v`ove K-ce~ a~ ~o Lc ~ Teo k.~~?Y_a~e f ~k~ J GLy►_Q.1.'^Cr.gG-St~S Gkc w ~F1_e--~%la ~+~.c~ Ioy_ ate ~Ia~ V c1 _ Fez ca __~j~t s ILtS_ q vcL _ s~r t ut,~0~'ave~ke~ rk-u- e x--.5L oCe U ke-uee K.C Cjr6dtlev- (U4 S_ s e. Gc-r t_ ~ -GLCcS 4~~eGc fir? rc vew p ~ -d_ Gf 47, ~ ~iow a ri4f 4CX f 4POOP a- kee cJ iatticc V~Q,Q^ccTl V e- _ 7~1is . ro ~seQ! _~u ~ex_. s e cow ~~scs 1 1~ i° ~ a p p __,S Cave 4e4j-13-8-n-6 -F'~.~ u. t~Gttla~6 `1ti Gv~ . oT -Aee, `rho reT A;&k 07~ '~ee.[ ~eaY set o~ ItJ ~ee~ ac,K.d ~c~e._y YdS U Q`F 3 2 feet " s teL~ . - Acce5.5- +o durt q2,C w cXx e p f~0 U b 9 c~ 'Wlp- S~v'ee," l&,s-Lrrav i-o P. U. AAo4&Jaik Vte-4~) LA"e dAtl +4DZ) 20 ~4004- Wile AVIVe-W&y. Ttw, ~esikj[40 .7. 44t,&"4,7 -.r4c:~ .4wo u-kJ--r r are, r~ l~ w` ~ec e(-.. 4"~c s s(t2 . _ 'vl,C'Ct eve t ~c.~- S'cv-eeK i k w IQ be- ptad uieid loLl , fee,+ of 4 (l4 k ac.. 4lx4, Oe5j a,,..A 'tl cre. ~O o~ 8tsewceo pN. `ths- (io.9T wde «.dtc,,O& SfYexj +Veas (S-ee- rvov( AA Gted . IT YeeJ . k'o- of t,~~l Qlc as sc. ~a Oe l~t~ 4T ezt eKovcL 41, Y CQ~V~ c~eQ(i- VlSt aLl aY~~ . ~~w-~o e C~ c~~rQ Cs w c,~ d Y' o V ~ ~e.. fo tr ~p` ~ o~ IvL yie- VIO u co(.~ -a r 2 (~to re CcCY~' s l ~~e. . _ ~d.d ~"i e~a,Q w►eusio~aJL_ .YcL~iV~ wt,~~s - 4; oast e I's ve4;6e c- Aatt 41te- 70_ ' eef rctu i reed , IS.__~Ss hah Z~Z +.Kes _ r _au.e~a.~e w~d-~-t~• are one ~ep+ 11 J n a" nt K61 20&32:50 , page 3 tTY OF YGA "(OMMUNITY DEVELOPMENT DEPARTMENT o~T,~,~ PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OREGON 91223 Community 4elopment ~kr~~u~~~ PHONE: 503.639-41]1 FAX SOI-684-7197 (Attm Patty/Planning spa ° Q 0° 00 00 °°0°[0 ~ Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e.1S134AB, Tax Lot 001oo) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: X►l16A-01-.0l INDICATE WHETHER YOU ARE REQUESTING 1, 2 OR 3 SETS OF LABELS: (NOTE: A minimum of 2 sets of labels will be provided (unless only holding a neighborhood meeting at this time) to pla oi your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhoo( meeting is required and you have not yet held that meeting, you can request 3 sets provided your land use application will be submitted and deemed complete by the Planning Division within 3 months from this request.) NAME OF CONTACT PERSON: A%j a~- Q 1404,%art PHONE: 6q& -9199 This request may be mailed, faxed or hand delivered to the City of Tigard. Please allow 2-day minimum for processing requesis. Upon completion of our request, the contact person will be called to pick up their request that will be placed in "Will Call by their last name, at the Community Development Reception Desk. - The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDES BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Descriotion: $11 to generate the mairing list, plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then, multiply the cost to print one set of labels by the number of sets requested. 'K EXAMPLE W 4 sheets of labels x $21sheet = $8.00 x 2 sets = $16.00 2 sheets of labels x $2/sheet for CIT area x 2 sets= $ 4.00 GENERATE UST = TOTAL = $31.00 "COST FOR THIS REQUEST A sheet(s) of labels x $21sheet = $./A X I sets = 02 j sheet(s) of labels x $2/sheet fo CIT area = $ ~ x / sets = GENERATE UST = GJ0TOTAL ~IJ n IN `ADDITION I .APF(ICANT SHALL ;j. MAILING: Q f _ 1, Wa `-1VJL U t Vl4 ~ 4t&"% , being duly swom, depose and say that on the Z1 day of _ZlA 1 20_Q_-3, I caused to have Mailed to each of the-persons on the attached list, a notice of meeting to discuss a proposed development at (or near) '(510 a.~d ."(5 30 S. W . llllOtltn~aik I 1w L.ok-K e, . 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 pperrs~ons nd ere deposited on the date indicated above in the United States Post Office located at FoW,41. OA 4 OT 1 (6 r"~ Kd 1 O R, with postage prepaid thereon. Sigry(ture (In the presence of Aotary Public) POSTING: I, Wa "AL E CKel V a "'k do Cad 1 v&.. q, j atz - x address(s) and/or tax lot(s) curren ly r% ste and did on the Z4 A day of T~~' Z" L proposed for a ~o..,.A (ate Adiscuss the proposal. affirm that I am (represent) the party initiating interest in a proposed affecting the land located at (states approxjmate Igcation() IF no ,red °1510 4.".+t 9530 S, ac~K. ata Leto aN.R., 20 O 3 personally post notice indicating that the site may be ,-S _b,_ application, and the time, date and place of a neighborhood meeting to The sign was poqsted at vo Y4f Se1i e Kd o"C UeWI e A&o Lx 46.T a ~ ' V Liel ci L a EA (state location you posted notice on property) 4 Pool' - Signatu (In the presence of a Notar~Pubiic) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF O12F~at-~ ) County ofM- (+v\6VV-a-)'\ ) ss. Subscribed and sworn/affirmed before me on the ' ~ day of U?.t-s' 4 , 20 Ga. OFFICIAL SEAL TENLY V. SHERVEY NOTARY PUBUC-OREGON" 0 ON NO. 353023 W COMMISSION (EXPIRES JAN, 23, 2008 r NOTA~ BLIC OF •OREGOn My Co mi ion Expires: Applicant please complete-the information below: 1 `J NAME OF PROJECT OR PROPOSED DEVELOPMENT: 1 ~►In•~ D"toI e K Z003 TYPE OF PROPOSED DEVELOPMENT: " t+c PN_ I? I Address or General L tlon of SL6jer t PropeAy: A -S w V gLW L-A 4 g S AOd Properly Tax Map(q) and Lot p(s) Z • 0 1 2 0 1 a mdkip~oWnp ne1011h R I M( edwdr4i da AFFIDAVIT OF MAONG/POSTING NEIGHBORNbOD MEETING NOTICE August 13, 2003 Minutes of Conditional Use Meeting Bingham Duplex on S. W. Mountain View Lane The following are notes of the meeting held on August 13, 2003, at Tigard City Hall. Attendees: Wayne Bingham, Doris Bingham, Stan Houck, Aase Otto, John Goodhouse, Virgil Volk, David Schooler, Ladd McKittrick. 1. Wayne Bingham opened the meeting and asked everyone to sign in 2. Wayne Bingham read the purpose of the meeting notice 3. Discussed location of house and duplex, and appropriate addresses 4. When will construction begin?---Permits on house are ready, duplex about 6-8 weeks 5. How long will it take to complete? 4-6 months from start date. 6. What hours will construction start and end. Concerns for children walking to school. 7. What access will be used by the construction equipment - S. W. Mountain View Lane 8. Mr. Volk concerned about the existing "dips" in the street and finther damage by the heavy equipment. Dips should be replaced with storm drain inserted. 9. Why is duplex being considered in a residential area? It fits into the retirement plan, style of duplex will be within the styles of homes in the area, we (Binghams) will live next door, and it was included in the over-all Partition process. Mrs. Otto said it was better than the care center that was previously considered, or other multiple family units. Mr. McKittrick said we could not guarantee we would always be next door. 10. Possibility of other property being developed around this parcel--other vacant land could be used for duplexes or other multiple family units. 11. What is the size of the duplex? 1280 sq. feet each side-3 bed, 2 bath, 2 car garages. 12. What is the temporary fire turn around? Will stay until the street goes thru to 970'. Discussion about other "hammerhead" in the area. 13. What trees will be removed? All trees along the street for the `h road improvement. The cherry tree will stay (pruned and shaped). Trees along the house property will be cut as necessary, will discuss with adjacent neighbor. 14. Time frame and plans for Otto to develop her property. What she has done so far about sewer stubs, sidewalks and %s street improvements. 15. House and duplex will not over crowd the area or surrounding property. Minimum lot size on Bull Mtn is less than 5,000 sq f1. 16. Development of Mountain View Lane to 9701 and what other property owners would need to do. Ransdell has already signed agreement to put in sidewalks on 97°i and a portion of the street, as part of this partition. 17. When will the hearing be? Determined by City of Tigard, letters will be sent out. 18. McKittrick, Schooler and Goodhouse voiced a concern about a duplex in the area. 19. Where were other duplexes in area? All parties discussed other duplexes off McDonald and around the schools. Meeting was adjourned and all parties stopped by to introduce themselves and we 'Thanked" them for attending. • .0. CONDITIONAL USE MEETING August 13, 2003 PRINT NAME ADDRESS PHONE SIGNATURE NUMBER „ 541-Aq ~-}o u ~ - ~ ~ ~ E~,►.ol ~4+'~ a3-581-0100 ri 130Z 1 01Z g70019 bAVE SCNaoLeA q- vs' scu mo uw L, -n,,, a L /~dpo~ isb3-69y-~8 y . - 2 '71120 -('W A7c~~•:,►w t/~Fw ~N 503 -40 3-ns~7- / Z N-1 i 9T SW -Ti✓~'E Sf S'v3--s'~- 3¢~' ~ANZEN ELROSE ST CT v a . ~ ~ L VIEW TERR F PEMBROOK ST M ST I-- I CcwmmunRv Development i a 10ORAPRIC IM/ORYAT1011 GT1Ttr (500x) UUMUM y1ciN l 1, ~ r Zak / IYI.UIIM J ELROSE CT • ~ FOR Wayne Bingham RE: 2S 1 I I BA, 1201 ,SW MOUNT, lRIRMIIN CN fp'~ Property owner information is valid for 3 months from the date printed on this map. i-~ INEZ ISI v m 0 . of N \ o +Oo 2W WD no Fr /'ti 2W IM G Z N ~0) City of Tizud ktb,. afon on eb mM Is tr pellx~ baron ory au0 .nalia os.yea.rn.ISoaa~arr1~11~s.rb.Row~a. umssw em aw TIpM OR W223 (W3)6394171 ~ Mp7rww.dr~+Ida.ua _ i0em TpAa w .I • 2 111 •09 AC _ _ 10iA0 r a, 7 106 10800 it4 •1T AC 4 Q, C N 11000 .'l1 AM ~ 109 $ ~ ' •a7 Ac ~ - f 10700 L A ll R 4; 1 town • a 3 9 ~g we 2 .21 9 araeaorr `T • )1 7 r r " 4p ?473 70.81 J lTc: 11900 11200 11100 4 8800 = 3<; 115 7 3 8# KY967.139 (1~ 8sW b ti ~'n 1 ! 2 78 ~~^ry^I 4p 107 i i abe r_ _ 8400 60.04 Arlb• i6'O l~j 25' 4 136e,eo1 7.73E 'r V. 1201 60" •91 Ac 1200 73ea4 0 - .A9 Ac a 33 e89 67-73W 7800 ~~Y $ « 7700 0 7600. .0o b~ l~ e g ~A O 4 5 a 7300 9~ 61.e0 4°AZ 7/., a sa77 SW Jus"s ;OW, 8 % 7600 100.00 3 MAO tQ.Oi 1 .iC j01.7g 35.71 ,t 7900 g 7400 8100 7 2 9 U 1 L J J .ANN N 99~ loom N 10,00 Q700 4 $ 6 9600 x Its ~ z sw U c~ Q Rb . 255b! IE In /IW • 29030 2 50=0a le E~ 25346 ~ g 604 IE In (a). 25030 E Out •25300 IE Out • 25112 - - ~E Gut . 2 630 - - - - - - - - - - - - - - - - - - - - - - - - - EL 262' T - - -d-. r - - y~ - d - - - - 5eRlcads 2!_drdo 1 2s•-a• - - - •-----'GC; EL 2631 II .vest tree I .vest ves I = za-o• R L 9% I I Exlst 96 H Owls I Rte • 2%b3 1 _ _r I mm 5M IEIn(W•24600 IF in (5) . 24630 - - - ^ - - _IE Out • 245M - Z L. 251' L 25r EL. 253' 1 I EL. 254' EL 255' t I EL 256• EL 264 •_6 \ W W / 1 ® (I ~d 04 R r-.- A EL 251' / ph%Fir. g4610' \ I I je - 1 y' ti 138'-6' 118''0' ` I-t } 1 19'-0• • I I \ \ y ds--o• EL. 258' Lr.~~.-------- GLaw I I 82~'1Y I EL 265' EL 264' EL 263' EL 262' EL. 261'1 p olrlttd 1k . AIN, 1 1 ~ I. I I Trm A ' I 1 \ E EAS~ ® EL. 262'4 1 ' ! 94 R ~ 40•-0' ~ I I I EL 2'W I i 55'-0' VD't a4 EL 260 - - - - - - - - - -o-1~N11M~ l~E Vrtlit-- - - EL. 264- ~ - - - - - - IJ - - - - - - - - -~-®-''t- - I I EL. 262' 1 EL 26r Street Tram. I I ti Heple - RED NorL$wood AT 40 FEET OIC I I 1 rf HIN 2' 0 AT 4' ABOVE GROUND 1 CENTERED IN 4' SWARM PLANTER ADJACENT TO SIDEWALK ' MASTER SUTG PLAN 1 1 NWIff SCALE r~~q ri n • I r-S J - - , ~I i Gw I ~exlurg ctlvssy ' II i W-opi cwuctlat. i 1~~' 1 a w • At IF e • I nl Jul-25-03 02:06P HBH Consulting Engineers 503 670 0540 O , 3 r.. 1 1 5 i - - - - - - - P.02 OL i H t Is's sw ourh m Red, sine 0 FIGURE 9106HAgM PARTITION H IMPROVEMENTS, H B ~ n97su.. A 14 ■ ~;/~.i~1-'1 f r~~~~. ■ C 0 i / A fM4«ALA_6.. ~wnY~iw)■w P a t,t New 50 Manhole Existingq SS Manhole Rim = 25589 Rim = T60/60 New SD Manhole IE In (W) = 25050 Existing 55 Manhole IE in = 253.46 Rim = 26114 IE In (5) = 25050 Rim : 25583 - - IE Out = 253.00 IE Out = 251.12 - - - - - Future - - - IE Out = 246.50 - - - IE Out : 24854 EL.262 _ - - J - - - d- - J End Construction - - -Now . SW M I ~rdM - _5 "0- - - - - - - - - ' _ - Install Barricade 25' clQdicd tstl_t rl cft-0f ° • ° 's re .I' ht ° I • TG = 156/63 _ 5. - --------~i----- -IEZV 252 EL. 263'1 I wit0 le 10 ~ go _ TE street tree , street tree street tree TUi~ _ Par ~ EL. 264'1 ll'-6' patio - - - - - < patio Fin. FV. E. 2610' \ 4® * 138'-6' I EL. 265' EL. 264' EL. 263' EL. 262' EL. 261' I EWetrica If Try EA: EL. 262' - - EL. 164' I I I • D mm 4 "R K 6 ~ r s 9 i ~ 1 1 I ~ 1 I I ~ t ~ I I I nyn j l ~ ~ R' 1 IP I ~a. DIP I I f ~ a I ~ j ~ we lI ~ ~pES I j I ~ ~ sT ~ 1 ~t~ 16 4` ~ I F._ ~ I } I . #6 I I I I ~ ~ 4 ' ~•,-,~a l I I ~I ~ I w I (e ~ I I I I I rl I I m i e I I ~~I? I a , ~ ~ I iii: ` I •l I ~ ~ ~ ~ ~ ; ~ 1 I I Vd I _ ' ' I I I ~ t I I i ~ 1 I`r I m i ' 1 lP I ' P.,M\ I \ I o I ~ .I s\ _ ~ 1ar_ LTJ y - - - - MATCHYME cL1T~" f r r - 1 - P %p N ~ W _j ,IV - /111 "n ? Contents+ I Job NW , Revlslons+ D BINGHAM DUPLEX 2003 ` h SITE PLAN Date, I 9E10/30 S.N. Mountain View Lane Tigard, OR. 972E41 06/0/03 I Cp • c ~ ~m i i ~ ~ W COZ 0 u ° S i ♦ i ~ a a ROOF PLAN Architecture !~'-O' ~•-O' G'-O' b'-m• Varw V. DInC an MM t v. •w.4- tt r , O'O■S'O 6'mx5'O fw~ / 8 Living A o Bedroom CO) 9 _ ' Dining ~ 9 Bath ..a a 4. _ Ent. ~ , ; a ►7 Garage 'w` .ws •Kit • 3 A o b Bedroom Bedroom L 3 pp2 qO ' ' ,Z M•-0• I O m+3 O O'mx!'O I d'-0• I n•_O• I 4•4O• O'-O' ~ O FLOOR PLANS - GARAGE, MAIN, UPPER A2 Z I r rn D O Z ► 70 O 0 t~ II~ I~ N C I rri r D ❑ z 70 D A 1 a~ S Cm DUPLEX 200+ INGHAM rv ca ~ m D B - u..w. vtsw Ir - . i~ ► I I I I ti t fob No! ` R~vlsio~s' Co,tomts' ELEVATIONS Doti' N01aii ` 66/30/03 SOUTH - l~~ 1 rl r - m D a z I t~ rl , r , I~ I~ rl D V) -a ri r m D -I 0 z l N d ri n r n f J D BINGHAM DUPLEX 2003 L n 9630/00 S.W. Mountain view Was Tigard, ode 97M C i ~ ~o I~ i Contents, I Job No.- I Revisions- ELEVATIONS I EAST k NEST Dote, 06/30/0] RESIDENTIAL i y RW..MG0W 07-2:Z-03 WMnR APPLICANT: " Phone: (se,s) lz-~Z/ -o/ ; PROPERTY LOCATION: - ADDRESS/GENERAL LOCATION: 9- /D 1 9s.3a AGENT: Phone: ( ) ~ z>~ . TAX W(WLOT #(S): as tLI l3 A - a W NECESSARY APPLICATIONS: PROPOSAL DESCRIPTION: i i COMPREHENSIVE PLAN 'MAP DESIGNATION: ZONING MAP DESIGNATION: ate( ~ r e a?- CITIZEN INVOLVEMENT TEAM (C.I.T.) AREA: s0>ca~, ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. cU 1 00o n.~ra MINIMUM LOT SIZE:-,EM sq. ft. Average Min. lot width:_fo ft. Max. building height: 30 ft. Setbacks Front -2o ft. Side 5-- ft. Rear i.,5' ft. Comer /_'S- ft. from street. MAXIMUM SITE COVERAGE: - % Minimum landscaped or natural vecaetation area: GARAGES: ~o ft. &"EIGHBORH00D MEETING [Refer to the Neighborhood Meeting Handout] THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (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 vour application or the application will not be accepted. • NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF T~reft-Appr adon Conference Notes Page 1 of 9 NARRATIVE (Refer to Code Am 18.3901 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. The applicant should review the code for applicable criteria. XIMPACTSTUDY (Refer to Code Sections 18.390.040 and 18.390.0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE AN 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. ACCESS (Refer to Chapters 18305 and 18.1651 Minimum number of accesses: / Minimum access width: Minimum .pavement width: iT ❑ WALKWAY REQUIREMENTS (Refer to Code Chapter 18.1051 Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. RESIDENTIAL DENSITY CALCULATION (Refer to Code Chapter 18.1151- SEE EKAMPLE BELOW. The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: All sensitive lands areas includina: ➢ Land within the 100-year floodplain; Slopes exceeding 25%; ➢ Drainageways; and ➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. Public riaht-of-wav dedication: ➢ Single-family allocate 20% of gross acres for public facilities; or ➢ Multi-family allocate 15% of gross acres for public facilities; or ➢ If available, the actual public facility square footage can be used for deduction. EAAMPIE Of RESIDENTIAL DENSRY CALCOIATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE (3,050 MINIMUM LOT SIZE) WITH NO DEDUCTION FOR SENSITIVE LANDS Single-family 43,560 sq. ft. of gross site area 8.712 sa. ft. (20%) for public right-of-way NET. 34,848 square feet 3,050 am lot area). 11111 FIRS erACre Multifamily 43,560 sq. ft. of gross site area 6.534 sq. ft. (15% for public right-of-way NET: 37,026 square feet J-050 (Mioftm t area) - n is er Acre The OerelepaeotCode roWlros mume aetstte uee e~dstfer We emdwhele dwellb9 aA NO BOUNDING OP IS PERMITTED. IOalmom Pnlect0etut011s BO%elme mwdmwq WeNrod deaslgl. TO DETERMINE THIS STANDARD, MULTIPLY THE MAXIMUM NUMBER Of UNITS BY.B. CRY OF TaW Pm AWricadon Conference Notes PWWsAWAp0cd %VV*p Orton SWGM Page 2 of 9 SPECIAL SETBACKS (Beier totde Secdon 18.7301 ➢ . STREETS: feet from the centerline of ➢ FLAG LOT: A TEN (IOYFOOT SIDE YARD SETBACK applies to all primary structures. ➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. ➢ MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family residential developments. ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. (See applicable zoning district for the primary structures'setback requirements.] ❑ RAG LOT BUILDING HEIGHT PROVISIONS (Beier to Code Chapter 18.7301 MAXIMUM HEIGHT OF 1Y2 STORIES or 25 feet, whichever is less in most zones; 2Y2 stories, or 35 feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are satisfied. BUFFERING AND SCREENING (Beier to Code Chapter 18.7451 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 must be occupied by a mixture of 4froft deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and ,Q";Ae- horizontal plantings. Site obscuring screens or fences may also be required; these are often te~. dvisable 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 L and sizes may be found in the Development Code. The ESTIMATED REQUIRED BUFFERS applicable to vour prooosal area is: Buffer Level along north boundary. Buffer Level along east boundary. Buffer Level along north boundary. Buffer Level along east boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 183051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR z PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees 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 of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around 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. ❑ RECYCLING (Refer to Code Chapter 18.7551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. CITY OF TWM Pre-*kadon Conference Notes Page 3 of 9 11MM&IN ApplcafoiY 1&T*p DVWM Sedon PARKING [Refer to Code Chaers 18.165 a 18.7051 ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. ➢ Single-family............ Requires: One 1 off-street parking space per dwelling unit; and One ~1; space per unit less than 500 square feet. ➢ Multiple-family......... Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. NO MORE THAN 50% 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. 6 inches X 18 feet, 6 inches. ➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches. ➢ 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. ❑ BICYCLE BACKS (Refer to Code Section 183651 BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ SENSITIVE LANDS (Refer to Code Chapter 18.7751 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 identifv sensitive land areas. and their boundaries. is the resoonsibilitv of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 18.775.070.C1 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 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. ❑ CLEANWATER SERVICES (CWSI BUFFER STANDARDS (Refer to R a 0 96-44/1111SA Regulations -Chapter 31 LAND DEVELOPMENT ADJACENT 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 WIDTH is dependent on the sensitive area. The following table identifies the required widths: CITY OF T*MD Pre-Application Confereme Notes Page 4 of 9 Ra MON Applcalau U"v OMdm Saim ~ TABLE as VEGETATED eoeRmos wrong SOURCE CWSDESIGN NIYCONSTRUCTION STANDARDS MANYAURFSOlO110NaORDER 96d4 • Streams with intermittent flow draining: <25% 1 10 to <50 acres 15 feet 1 > 50 to < 100 acres 25 feet • Existing or created wetlands <0.5 acre • Existing or created wetlands > 0.5 acre ♦ Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and ponds 25 feet <25% 50 feet • Streams with intermittent flow draining: 1 10 to < 50 acres 1 > 50 to < 100 acres • Existing or created wetlands • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining > 100 acres • Natural lakes and ponds > 25% 30 feet 50 feet > 25% Variable from 50-200 feet. Measure in 25-foot increments from the starting point to the top of ravine (break in <25% slope), add 35 feet past the top of ravine' 'Starting point for measurement = edge of the defined channel (tankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor, shall not serve as a starting point for measurement. =Vegetated corridor averaging or reduction is allowed only when the vegetated corridor Is certified to be in a marginal or degraded condition. aThe vegetated corridor ektends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet, if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. Restrictions in the Veaetate 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 provided for in the USA Design and Construction Standards. Location of Veaetated 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. CWS Service Provider Letter: PRIOR TO SUBMITTAL of ,any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. ❑ SIGNS (Refer to Code Chapter 18.1801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY 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 review application. Alternatively, a Sign Code Exception application may be filed for Director's review. TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.190.030.0 A TREE PLAN 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, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. CITY OF TWM Pm Appli Won Confereftce Notes Page 5 of 9 RaMMU Appicalor F1&V*n I> VWM Secim THE TREE PLAN SHALZINCLUDE the following: • ➢ Identification of the location, size, species, and condition of all existing trees greater than 6- inch caliper. ➢ 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 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: 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 18.790.060.D.; Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.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 18.790.060.D. CAL MITIGATION [Refer to Code Section 18.190.060JU 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. b4tXLEAR VISION AREA [Refer to Code Chapter 183951 The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. The applicant shall show the dear vision areas on the site plan, and identify any obstructions in these areas. MY OF TIGM AF0bdwA%wProApplicadw * Confenenoe Notes Page 6 of 9 FUTURE STREET PLAN AND WISION OF STREETS (Refer to Code Section 1&81O.O30JJ A FUTURE STREET PLAN shall: ➢ Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the patter of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. ➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. ADOITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.0601 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 2Y2 TIMES THE AVERAGE. WIDTH, unless the parcel is less than 1% times the minimum lot size of the applicable zoning district. ❑ BLOCKS (Refer to Code Section 18.810.0901 The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way center line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development. When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided through the block. CODE CHAPTERS 18.330 (conditional use) 18.340 (Director's Interpretation) 18.350 (Planned Development) _ 18.360 (site Development Review) 18.370 (vadances►A ijustrnents) 18.380 (zoning Maprrext Amendments) _ 18.385 (iNsoetianeous Permits) 18.390 (Decision Making Prooeduresnmpad study) _ 18.410 (lot Line Adiustments) 18.420 (land Partitions) i 8.430 (suaiivNOM) 18.510 (Residential Zoning Districts) _ 18.520 (commercial zoning Districts) _ 18.530 (industrtal zoning Districts) 18.620 (Tigard Triangle Design standards) 18.630 (wasturgtDn square Regional center) 18.705 (p coess gresslcirwlat on) 18.710 (Acoeway Residential units) 18.715 (density computations) 18.720 (Design comp buty standards) 18.725 (Environmental Performance standards) 18.730 (Exceptions To Development standards) 18.740 (Hisloric oveday) 18.742 (Home oocupation Permits) 18. MO (Lardscog & screening standards) 18.750 (ManubduredMt W Home Regulations) 18.7 5 (wed sold wastemecycii g storage) 18.760 (Nonoonlorming Situations) 18.765 (Off-Street Pack ng&oadmng Requirements) 18.775 (sensitive lands Review) - 18.780 (signs) - 18.785 (Temporary use permits) 18.790 (Tree Removal) 18.795 mmw clearanoe Areas) 18.798 (wreless connunia tion Facnes) 18.810 (street & Utility Improvement Standards) CITY OF TIGARI) PreAWlicatim Conference Notes PWIdenU AgplcabNPWvkV 01 1 lan sedw, Page 7 of 9 aoomewuooxeERxs Be coaMEL 0 r o~ 1 n rrz~r ,~1 Q NGirc~r:~'~.1P - I e rt".-~1 n 31 Aool;rna',n~ is ~o~t~~ ~nr rP,i~ C_~; T & r=L'C rd en- Qf1 Q c a(A Pi- Q r , - nuce f Aecis;oy) is us6ed PROCEDURE Administrative Staff Review. x Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted bymmail or dropped off at the counter without Plannina Division acceptance may returned. The Plannina counter closes at 4:00 NM. Maps submitted with an alication shall be folded IN ADVANCE to 8.5 b11 inches. One 2 x ma of a ro ose ro'ect s cTbe submittePor attachment to the stmt report or as mnistrative decision. N icatien with unfiWea maps sfia net-be accepted. The Planning Division and Engineering Department 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. CIIY OF T*W Pm AW5ca6m Conference Notes Page 8 of 9 Redhrd / Ap kdWF1xW% 01VWM sedan The administrative decision or ublic hearin will icall occurs roximat p 9 Y pp ely 45 to 60 days after an application is accepted as being complete by the anning 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. e 10-day public appeal period follows all Ian use decisions. An appeal on this matter would be heard by the Tigard A basic flowchart which illustrates the review process is4vailable from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. 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. SUBDIVISION PLAT NAME RESERVATION [County Surveyor's Office: 503-648-88841 PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are required to complete and file a subdivision plat naming request with the Washington County Surveyof's Office in order to obtain approval/reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. 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 policv is to apply those svstem development credits to the first buildinp_Dermit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED). LEASE 9M: he conterence and notes cannot cover A Code requirements and aspects re a e o si a planning that should apply to the development of your site plan. Failure of the staff to provide In ormation required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY. , CITY OF T ARD'fLANNIZG-dKX0N - STgf dRSON HOLDING PRE-APP. MEETING PHONE: (503) 639-4111 FAX: (503) 684-1291 E-MAIL (stiffs first nan*i,@d.tigard.or.us TITLE 18 (CITY Of TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS: www.cLt1gard.or us H: lpattylmastersTre-App Notes Residential.doc Updated: 26-Jun-02 (Engineering section: preapp.eng) CITY OF TIGARD PreMlication Conference Notes Page 9 of 9 Retldenld Ap0kabNPlam4q Oblsbn SaAon . j ~y ,iWA, a : i s PUBLIC FACILITIES Tax Map[sl: 2S111BA Tax Lot[Sl: 01201 Use Type: ResidenUal The extent of necessary public improvements and dedications which shall be required of the applica will be recommended by City staff and subject to approval by the appropriate authority. There will no final recommendation to the decision making authority on behalf of the City staff until all concern commenting agencies, City staff and the public have had an opportunity to review and comment the application. The following comments area projection of public improvement related requiremen that may be required as a condition of development approval for your proposed project. Right-of-wav 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: ® SW Mountain View Lane to 25 feet from centerline ❑ SW to feet ❑ SW to feet ❑ SW to feet Street improvements: ® Half street improvements will be necessary along SW Mountain View Lane, to include: ® 16 feet of pavement from centerline ® concrete curb ® storm sewers and other underground utilities ® 5-foot concrete sidewalk ® street trees ® street signs, traffic control devices, streetlights and a two-year streetlight fee. ® Other: ROW dedication has been completed. Street improvements must be construct and accepted by the Citv prior to issuance of building permit for the duDlex. Cm IMMO rn pnan n e.are . M hoe 1 ❑ street improvements will be necessary along SW 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. ❑ Other: ❑ street improvements will be necessary along SW , 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. ❑ Other: ❑ street improvements will be necessary along SW , 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. ❑ Other: ❑ street. improvements will be necessary along SW , 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. cmrIFTIWI rn eC@u ra NKn FM2 ❑ Other: • • Aareement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not curren practical, the improvements may be deferred. In such cases, a condition of development approv may be specified which requires the property owner(s) to provide a future improvement guarante The City Engineer will determine the form of this guarantee. The following street improvements m be eligible for such a future improvement guarantee: (2.) Overhead Utilitv Lines: ❑ Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lin adjacent to a development to be placed underground or, at the election of the developer, fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lin are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal $ 27.50 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Prior to , the applicant shall either place these utilities underground, or pay the fee lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in Mountain Vie The proposed development must be connected to a public sanitary sewer. It is the develope responsibility to connect to the public sewer. Water Supply: The Citv of Tiaard (Phone:(503) 639-4171) provides public water service in the area of this site. Th service provider should be contacted for information regarding water supply for your propos development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-701 provides fire protection services within the City of Tigard. The District should be contacted information regarding the adequacy of circulation systems, the need for fire hydrants, or oth questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is convey to an approved public drainage system. The applicant will be required to submit a proposed sto OR IFTI MO ft"Ns t cwume N" ft" 8 EN~IN~gaua~t drainage plan for the sitond may be required to prepare a Wbasin drainage analysis to ensu that the proposed system will accommodate runoff from upstream properties when fully developed. Detention is not required. Pay the fee-in-lieu. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by t Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphor contained in 100 percent of the storm water runoff generated from newly created impervious surface The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructi an on-site facility provided specific criteria are met. The City will use discretion in determining wheth or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of ne impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $21 Preliminary sizing calculations for any proposed water quality facility shall be submitted with t development application. It is anticipated that this project will require: ❑ Construction of an on-site water quality facility. ® Payment of the fee in-lieu. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that C maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenan access roadways may be required if existing or proposed facilities are not otherwise read accessible. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traf Impact Fee program collects fees from new development based on the development's project impact upon the City's transportation system. The applicant shall be required to pay a fee based up the number of trips which are projected to result from the proposed development. The calculation the TIF is based on the proposed use of the land, the size of the project, and a general use based f category. The TIF shall be calculated at the time of building permit issuance. In limit circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupan permit. Deferral of the payment until occupancy is permissible only when the TIF is greater th $5,000.00. Pay the TIF. CR IFTIOUR FrO AN IKON OGRIKUM NS h"41 boys NN/uums"01 PERMITS 0 0 Public Facilitv Improvement (PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineeri Department. A PFI permit application is available at the Planning/Engineering counter in City Ha For more extensive work such as street widening improvements, main utility line extensions subdivision infrastructure, plans prepared by a registered professional engineer must be submitted review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. deposit is collected with the application, and the City will track its costs throughout the life of t permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cas where City costs exceeds the deposit amount. The Permittee will also be required to post performance bond, or other such suitable security. Where professional engineered plans a required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the desi engineer to perform the primary inspection of the public improvement construction work. The P permit fee structure-is as follows: NOTE: If an PH Permit is required, the applicant must obtain that permit prior to release of any permits from the Building Division. Buildinq Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a mo detailed explanation of these permits, please contact the Development Services Counter 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commerci industrial and multi-family projects. This permit will also be required for land partitions where grading and private utility work is required. This permit covers all on-site preparation, gradi and utility work. Home builders will also be required to obtain a SIT permit for grading work cases where the lot they are working on has slopes in excess of 20% and foundati excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issu after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers work necessary for building construction, including sub-trades (excludes grading, etc.). Th permit can not be issued in a subdivision until the public improvements are substantia complete and a mylar copy of the recorded plat has been returned by the applicant to the Ci For a land partition, the applicant must obtain an Engineering Permit, if required, and return 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 plumbi that may also be required. Contact the Development Services Counter for more information. CITY 111IF n91N0 110410011COee emem" Nets= y~ s GRADING PLAN REQUIREMENTS 4 SUBDIVISIONS 0 All subdivision projects shall require a proposed grading plan prepared by the design engineer. T engineer will also be required to indicate which lots have natural slopes between 10% and 20%, well as lots that have natural slopes in excess of 20%. This information will be necessary determining if special grading inspections will be required when the lots develop. The design engine will also be required to shade all structural fill areas on the construction plans. In addition, ea homebuilder will be required to submit a specific site and floor plan for each lot. The site plan sh include topographical contours and indicate the elevations of the corners of the lot. The builder sh also indicate the proposed elevations at the four corners of the building. PREMED BY: ENGINEIRIN6 DEPARTMENT STAFF Phone: [5031639-41T1 Fax: [5031624-0152 lAengtrianAtemplates~ mp notes . enp.dot Revised: March 21, 2002 DATE wff#FT ~ M CMfMiaesiNina hp • 0 AGENDA ITEM NO. 2.2 4 • • AGENDA ITEM NO.: 2.2 DATE: OCTOBER 15, 2003 PAGE I OF / FILE NAME: HALL BOULEVARD CULVERT EXTENSION CASE NOS.: SENSITIVE LANDS REVIEW (SLR) 2003-00009 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT - (Speaking In Favor or Neutral) OPPONENT - (Speaking Against) Name, Address, Zip Code and Phone No. + Name, Address, Zip Code and Phone No. 1 I 1 Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. 1 I - - - Name, Address, Zip Code and Phone No. I Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No. I i Name, Address, Zip Code and Phone No. 1 ' - Name,Address, Zip Code and Phone No. --I- 1 Name, Address, Zip Code and Phone No. Zip Code and Phone No. Name Address 1 - - - - - - - - - - - - - - - Zip Code and Phone No. I Name Address , , , , 1 Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. 1 I Name, Address, Zip Code a77467 e No. 1 I Address, Zip Code and PhoneNo. 1 I • • COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE (503)684-0360 Legal Notice TT 10300 BEAVERTON, OREGON 97075 Legal Notice Advertising 'City of Tigard 0 ❑ Tearsheet Notice 13125 SW Hall Blvd. 'Tigard, Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, ) ss. 1, Kathy-Snvyc ar being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTiaa d-Tualatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tiaard in he aforesaid county and state; that the Public Hearing] SLR2001-00009 ,H ll B1vd.Annexation a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE Successive and consecutive in the following issues: September 25,2003 Ka 1,-A. U , - J A A 401~ Subscribed and sworn to of me thi, 2 h day of September, 2003 OFFICIAL SEAL ROBIN A BURGESS N t ry Public for Oregon jt NOTARY PUBLIC-OREGON Gn" 7JI°SION 31'^.500 My Commission Expires: N0. - - . , AFFIDAVIT The following will be considered by the Tigard Hearings Officer on Wednesday October 15, 2003 at 7:00 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the Tigard Municipal Code and the rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Chapter 18.390. Testimony may be submitted in writing prior, to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeal based on that issue. 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. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items can also be provided at a reasonable cost. Further information may be obtained from the Planning Division (staff contact: Brad Kilby) at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-639-4171, or by e-mail to . bradley@ci.tigard.or.us. PUBLIC HEARING ITEM: SENSITIVE LANDS REVIEW (SLR) 2003-00009 > HALL BOULEVARD CULVERT EXTENSION < REQUEST: The City of Tigard is seeking Sensitive Lands Review approval to extend a stormwater outfall into the floodway along Fanno Creek. The outfall would serve to convey treated stormwater from the water quality facility to the waterway. LOCATION: 13360 SW Hall Boulevard; WCTM 2S102DA, Tax Lot 600. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510, 18.775 and 18.790. rICHR" MA! AR2003.00009 \ 'HALL BOULEVARD \ LuLrcxi taitUvn \ evn~e ~,ma i~ TT 10300 - Publish September 25, 2003. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER CITY Of TIGARD Community 'Development CITY OF TIGARD ShapingABetterCommunity PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON WEDNESDAY OCTOBER 15, 2003 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: SENSITIVE LANDS REVIEW (SLR) 2003-00009 FILE TITLE: HALL BOULEVARD CULVERT EXTENSION APPLICANT: City of Tigard OWNER: City of Tigard Attn: Vannie Nguyen 13125 SW Hall Boulevard 13125 SW Hall Boulevard Tigard, OR 97223 Tigard, OR 97223 REQUEST: The City of Tigard is seeking Sensitive Lands Review approval to extend a stormwater outfall into the floodway along Fanno Creek. The outfall would serve to convey treated stormwater from the water quality facility to the waterway. LOCATION: 13360 SW Hall Boulevard; WCTM 2S102DA, Tax Lot 600. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510, 18.775 and 18.790. 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 PROCEDURES 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. 2438 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. • .0 IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LLSS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, 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 AN OPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER BRAD KILBY AT (503) 6394171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO bradley@ci.tigard.or.us. 1 ~e MARA S I 1 I FF_7 I I I I ii~~ URNHAM O ~co co ST _ Y J I Q VICINITY MAP SLR2003-00009 HALL BOULEVARD CULVERT EXTENSION 0 100 200 700 400 feat 1m1 1--317 2~L City of Tigard m ma Sao a eu 9mb.a wul41 - ~ .nwa a .a~a wm en . S-41- olwl.. 1Ln SW ~w OW nD-L OR 91220 9)111 (503)0 MpiM ,d6qx9.- 9 0 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by the City of Tigard ) FINAL ORDER for Sensitive Lands Review for a stormwater ) outfall in the floodway along Fanno Creek at ) SLR 2003-00009 13360 SW Hall Boulevard in the City of Tigard ) (Hall Boulevard Culvert) A. FINDINGS AND CONCLUSIONS 1. This final order concerns an application by the City of Tigard (the "applicant") for Sensitive Lands Review for a stormwater outfall in the floodway along Fanno Creek at 13360 SW Hall Boulevard; also known as tax lot 600, WCTM 2S102DA (the "site"). The outfall will discharge treated stormwater into the creek from a water quality facility near SW Hall Boulevard. The applicant is widening Hall Boulevard in the vicinity of the site. The applicant will construct a stormwater facility to collect, treat and discharge stormwater runoff from the street into Fanno Creek. The outfall for the stormwater facility will be in the 100-year flood plain; therefore a Sensitive Lands Review is required. 2. Tigard Hearings Officer Larry Epstein (the "hearings officer") held a duly noticed public hearing on October 15, 2003 to receive and consider public testimony in this matter. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. City planning manager Dick Bewersdorff recommended approval, subject to conditions. See the Staff Report dated October 2, 2003 (the Staff Report). He recommended the hearings officer delete condition of approval 1, because the applicant submitted proof that ODSL had approved the application for the project. On behalf of the applicant, Vannie Nguyen and Marlin DeHaas accepted the staff recommendations and conditions and waived the applicant's right to have the record held open for final argument. Other than relevant service providers and public agency staff, no one testified orally or in writing. The hearings officer closed the record at the conclusion of the hearing. 3. The hearings officer agrees with the findings, conclusions and conditions in the Staff Report, except condition of approval 1, and he adopts them as his own. Condition of approval should be deleted, because it is moot. 4. The hearings officer concludes that this Sensitive Lands Review application does or can comply with the relevant standards and criteria of the Tigard CDC as provided in this Final Order, provided the application is subject to conditions of approval that ensure finals plans and certain other information are provided and found sufficient by the City in a timely manner and that subsequent development will comply with applicable CDC standards and criteria. Therefore the application should be approved subject to such conditions. B. DECISION Based on the findings and conclusions herein, the hearings officer hereby approves SLR 2003-00009, subject to the conditions of approval in the Staff Report, except recommended condition of approval no. 1 is hereby deleted,. A this 16th d of Oc~ber, 2003. Larry Epste' AIC City of TO He ngs Officer • "TAB A" • Testimony Received at the Public Hearing. R Y 96 % lg By Ht DE HAAS ssociates, Inc. A Consulting Engineers 6 Surveyors Quite 300 - AGC Center 9450 SW Commerce Circle Wilsonville, OR. 97070 (503) 682-2450 (503) 682-4018 Fax RECEIVED October 14, 2003 Brad Kilby - Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Hall Blvd. Culvert Extension Sensitive Lands Review (SLR) 2003-00009 Dear Brad: OCT 14 2003 CITY OF TIGARD PLANNING/ENGtNEERING Your staff report of 10/2/03 indicates you do not have in hand the approval of Oregon DSL. Attached is the approval DSL Application Number 30482-GA (6/11/03) along with a recent 10/8/03 extension of time to construct. Sincerely, Marlin J. e Presiden cc: Attachments MJD/lo P.E., P.L.S. 6441tr.1014 02.644.118 Vannie Nguyen IN-WATER TIMING EXTENSION THIS FORM IS A MODIFICATION TO YOUR PERMIT. ATTACH THIS COPY TO YOUR PERMIT AND KEEP ON SITE DURING ACTIVE CONSTRUCTION Permit or Authorization Number: 30482-GA Permit Holder: City of Tigard Project Address: Pinebrook Creek and Hall Boulevard Name of Water Body: Pinebrook Creek Conditioned In-Water Timing: June 1 to September 30, 2003 Approved In-Water Timing: June 1 to October 30, 2003 Reasons for Requesting Extension: Extension of a culvert on Pinebrook Creek ODFW Concurrence: YES Biologist Name: Jim Grimes Date: October 7, 2003 In-water work extension approved under the following conditions. All other permit conditions of the permit Attachment A or authorization are in force and effect: • The bypass diversion shall use a gravity bypass pipe-for the flow diversion method only. • The concrete headwall shall only be poured during dry conditions to minimize the discharge of concrete and concrete tainted water into the creek channel. • Newly poured concrete shall be adequately protected from surface water contact until cured. • Wash water from the concrete work shall not enter the creek or storm water system until it has been adequately neutralized. f0-i- -0..3 -~_R~~ DSL Region Manager Date J:1-FormslAuthorizationsUn-Water Timing Extension F( cost-it° 'ax Note 77671 r%-- i i r n1 i- "701 papea' L To k'°tr-e-C h P V il t 4,4 d ASSee. Co.VSL Phone i I Phone # S ,U.3 - :3 79 3 Fax N ~O~ _lo ~oZ - 7'O~O IFS 3~ ~37ff~~i~~~ Division of State 503-378-4844 Mon Oct 13 2003 03:12:03 PM PDT Page 2 of 2 ! - y • 5 200-.) -Oregon Theodore R. Kulongosh Governor r June 11, 2003 CM02/%Xa2 CITY OF TIGARD ATTN: VANNIE NGUYEN 13125 SW HALL BLVD TIGARD OR 97223 L • ON N0.58g Orl Post-it' Fax Note 7671 ~oaie 606103 I 4 of,~,, PIA9 "9 To t"tl[/1"UYl ~Qr~ From ca,oopt. t s a 4"~"-Jco- 4)3 Phone 1 /~„1l Phone d 3 Fax f IFBx M ( s1) 6"B4_015-2 1 3 2003 U www.oregonstatelands.us_ 1 State Land Board Theodore R. Kulongoski Governor i Bill Bradbury Secretary of State RE: General Authorization for,Transpoition-Related Structures Randall Edwards DSL Application Number 30482- A State Treasurer T02S, R02E, Section 1 D Tax Lo 300 & 600, City of Tigard, Washington Coun Dear Ms. Nguyen: I On May 19, 2003, we received your complete application to extend a culvert on Pinebrook Creek, a tributary of Fanno Creek, for the widening of Hall Boulevard. Based on our review of your application, and comments provided by interested resource agencies, we hereby authorize the project, subject to the conditions outlined in OAR 141-089-0190 (enclosed) and to the following additional conditions: Fill and removal activities in Pinebrook Creek shall be conducted between June and September 30, unless otherwise coordinated with ODFW and approved in writing by ODSL. This authorization permits only the work described in the application. Please notify this once when the work is complete. If additional work needs to be done in the future, a new application must be submitted. This authorization expires January 1. 2006. Please be aware that this authorization is not a land use approval. You must also receive authorization, when required, from the local planning department and the U.S. Army Corps of Engineers before beginning construction. If you have any questions regarding this authorization or its conditions; - - please contact Colin MacLaren at extension 244. Sincerely, Lori Warner Manager Field Operations - Western/Eastern Region CM:cw Enclosure Kathryn Harris, Corps of Engineers Todd Alshury, ODFW 6 *OF 8 LAY OF -;*~ARoR1ALL BLVD. OUTFALL PROJECT STAFF REPORT TO THE HEARINGS OFFICER --r, WVARING JWWZa03 N0.604 908 10:'10/2003 05:04 The applicant has provided a letter from Greg Berry, P.E., indicating that the proposed outfall will remove about forty cubic yards of material, make the improvement, and restore the grade back to its natural state. Any excess soil will be disposed of off site. He indicates that there will be no alterations within the floodplain that will reduce floodplain storage or the ability of the floodplain to maintain the zero-rise floodway. This criterion has been satisfied. 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 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; The alterations that are proposed within the floodway are proposed to accommodate placement of the stormwater outfall. These items are identified as utilities within Chapter 18.120 of the Tigard Development Code (TDC) and are, therefore, permitted activities within the 100-year floodplain. 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; As discussed earlier, the applicant has indicated that no proposed activity wilt increase the water surface elevation of the 100-year flood. If the grade is brought back to its natural state, staff concurs. This criterion is satisfied. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless tF,a construction of said pathway Is deemed by the Hearings Officer as untimely; The Fanno Creek Trail system will be located on the site consistent with the Regional Transportation Plan, and the adopted Transportation Systems Plan. The construction of the trail has been previously conditioned with the approval of the conditional use permit for the new City Library. Additionally, the City has obtained a $50,000 grant to ensure construction of that portion of the trail. This criterion is met. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. This criterion is not applicable to this proposal- The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands (DSL) approvals shall be obtained; and The applicant has provided proof of approval for the work from the US Army Corps of Engineers, but has not provided approval from the Oregon Division of State Lands (DSL) FINDING: The applicant has not provided any evidence that would indicate that no approval from the Oregon DSL Is necessary for the work that is proposed within the 100-year floodway. The US Army Corps of Engineers has issued a permit for the work dated July 22, 2003. CONDITIONS: Prior to site work, the applicant shall provide evidence in writing from the Oregon DSL that the proposed work is approved. The app{/cant shall comply with all conditions of approval that are required by the decision issued by the US Army Corps of Engineers dated July 22, 2003. CITY OF TIGARDRIALL BLVD. OLrrFALL PROJECT PAGE 6 OF 8 tOIIW003 PUBLIC HEARING 'ZTACC ocnner rn r NO.804 009 10/1131/2-1003 05:04 "yel eels d lien f den andoapla~suffcl nt Where lard fo - lteratti ty s?tallrreuire th 100-year fly i aaeht to the ioodpiain n accordance with the open land ar~a with/mor~ d adj I inr-h,dA nortlons of a suitable elevatiorf t ill Thlr shat t 0 • "TAB B" Applicant's Materials & All Correspondence Filed with Hearings Officer Prior to the Public Hearing. D ~Q AGENDA ITEM NO. 2.2 > >Q D;Q D fl,Q ,D 4 D ~Q D >Q D 4 >Q 4 D ~Q D ~Q ~Q V" • Agenda Item: Hearing Date: STAFF REPORT TO THE HEARINGS OFFICER • 2.2 October 15.2003 Time: 7:00 PM FOR THE CITY OF TIGARD, OREGON SECTION I. APPLICATION SUMMARY FILE NAME: CASE NO: Sensitive Lands Review (SLR) CITY OF TIGARD Community (DeveCopment SkapingA Better Community i 120 DAYS = 12/31/200i HALL BLVD. CULVERT EXTENSION SLR2003-00009 OWNER/ City of Tigard APPLICANT: Attn: Vannie Nguyen 13125 SW Hall Boulevard Tigard, OR 97223 PROPOSAL: The applicant has requested approval to extend a stormwater outfall into the floodway along Fanno Creek. The outfall would serve to convey treated stormwater from the water quality facility to the waterway. The water quality facility receives the excess runoff created from the Hall Blvd. Half street improvement. LOCATION: 13360 SW Hall Boulevard; WCTM 2S102DA, Tax Lot 600. COMPREHENSIVE PLAN and ZONING DESIGNATION: R-12; Medium Density Residential: The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.390, 18.510, 18.775, and 18.790 SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Site Development Review, Sensitive Lands, and Water Resources Overlay Review will not adversely affect the health, safety and welfare of the City and meets the Approval Standards. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: CITY OF TIGARD/HALL BLVD. OUTFALL PROJECT PAGE 1 OF 8 10/15/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS: Submit to the Manning Department ra i y, 639-4Tn, ext. 24T4'-for review and approval: 1. Prior to site work, the applicant shall provide evidence in .writing from the Oregon DSL that the proposed work is approved. 2. The applicant shall comply with all conditions of approval that are required by the decision issued by the US Army Corps of Engineers dated July 22, 2003. 3. The applicant shall comply with all conditions of approval from the Clean Water Services (CWS) service provider letter file #3181 during all phases of construction. FAILURE TO SATISFY THE CONDITIONS OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID. SECTION III. BACKGROUND INFORMATION Site Historv: The site is currently occupied by an existing single-family residence and an out building.. The two buildings were constructed within the floodway and floodplain when they were originally built. As a result of a recent fire, it is anticipated that the City will demolish and remove the existing buildings on the site. The proposal is for a stormwater outfall that serves to convey water from the water quality facility and discharge it into Fanno Creek. Vicinitv Information: The site is zonecf-R-12 and surrounded by a mixture of multi-family, single-family, and industrial development. The site is also adjacent to Fanno Creek and Hall Blvd. A portion of the site is being developed by the City for a new library. The City is also involved in a separate study to construct Wall Street, a street connection between SW Hall Blvd. and SW Hunziker that would be aligned along the southern portion of this site. Site Information and Promo osal Description: The site is currently developed with a single-family home and an out building. The site slopes east to west and is within both the floodplain and the floodway. As a condition of approval for the library project, the City was required to construct a half-street improvement along SW Hall Blvd. This proposed outfall would convey stormwater that has been treated from the additional impervious surface of that improvement into Fanno Creek. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 Lists the t afegories. The applicant is proposing to construct a stormwater outfall into the Fanno Creek and it's associated floodway. Basic Utilities are permitted conditionally in this zone with the exception of water, storm, and sanitary sewers, which are outright permitted within the R-12 zoning district. Summary Land Use Permits: Chapter 18.310 I.'e ines tl~e decision-making type to which the land-use application is assigned. CITY OF TIGARD/HALL BLVD. OUTFALL PROJECT PAGE 2 OF 8 10/15/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • The proposed project would typically not be subject to review as it is an outright permitted use in the R-12 zone; however, because a portion of the project impacts the floodway, this request is subject to review before the City of Tigard Hearings Officer as a Type III-HO review. SECTION V. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this report are as follows: . A. Applicable Development Code Standards Tr,39U Decision-Making Procedures) 18.510 Residential Zoning Districts) 18.775 Sensitive Lands Review) 18.790 Tree Removal) SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. APPLICABLE DEVELOPMENT CODE STANDARDS The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. According to Table 18.510.1, basic utilities excluding water, storm, and sanitary sewers are subject to conditional use approval. The proposal is to extend a stormwater outfall into the Fanno Creek Floodway. There are no structures associated with the proposal, and no new lots are being created as a result of the proposal. Therefore, there are no applicable development standards (i.e. setbacks, lot width, etc.) for this proposal. FINDING: Based on the information provided in the narrative and on the site plan, the development standards of the R-12 zone are not applicable to this proposal. Sensitive Lands (18.775 TFe-Rearings Officer s all have the authority to issue a sensitive lands permit in the 100 'ear floodplain by means of a Type IA procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.775.070 B-E The proposal involves placing a storm outfall within the vegetated corridor and 100-year floodway of Fanno Creek. This proposal is considered by the Tigard Hearings Officer. 18.775.040 General Provisions for Floodplain Areas. Permit review. The appropriate approval authority shall review all permit applications to determine whether proposed building sites will be safe from flooding. Recial flood hazard. e areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study of the City of Tigard," dated September 1, 1981, with accompanying Flood Insurance maps (updated February 1984 is hereby adopted by reference and declared to be a part of this chapter. This F ood Insurance Study is on file at the Tigard Civic Center. The applicant and staff have reviewed these maps and agree that this site is within one of the identified special flood hazard areas. The application is being reviewed under this premise. CITY OF TIGARD/HALL BLVD. OUTFALL PROJECT PAGE 3 OF 8 10/15/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 0 • Base flood elevation data. When base flood elevation data has not been provided in accordance with Subsection B above, the Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsections M and N below. According to the City Floodplain Maps, the base flood elevation has been identified at 143.8 to 143.9. This criterion is met Test of reasonableness. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source, aE)plications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these sensitive land areas may result in higher insurance rates. As discussed previously, the elevation data is available on the maps that are available within Tigard City Hall. This criterion is met Resistant to flood damage. All new construction and substantial improvements, including manufactured homes, shall be constructed with materials and utility equipment resistant to flood damage. There is no equipment that would need to be flood proof. The pipe is open on both ends, and in the event that the pond floods, water will be able to travel either way. Minimize flood damage. All new construction and substantial improvements, including manufactured homes, shall be constructed using methods and practices that minimize flood damage. Equipment protection. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. There are no new service facilities associated with this improvement. Water Supply Systems. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater into the system. There are no new water supply systems proposed with this application. Anchoring. All new construction, all manufactured homes and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. The outfall will be buried, and will not be subject to flotation. Sanitary sewerage systems. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into floodwater. There are no new or replacement sanitary sewerage systems associated with this proposal. CITY OF TIGARD/HALL BLVD. OUTFALL PROJECT PAGE 4 OF 8 10/15/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • On-site water disposal systems. On-site water disposal systems shall be contamination from them during flooding. • located to avoid impairment to them or There are no on-site detention facilities associated with this proposal because it lays directly adjacent to Fanno Creek. This criterion is met. Residential Construction. New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including the basement, elevated at least one foot above base flood elevation; This standard does not apply as the purpose of this construction is for institutional purposes. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or together with attendant utility and sanitary facilities, shall: Be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Building Official as set forth in Subsection 18.775.030 E2; and Non-residential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor as described in 18.775.040 L2. Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g., a building constructed to the base flood level will be rated as one foot below that.level). As discussed previously, there are no new structures associated with this development. The proposal calls for a stormwater outfall pipe to discharge water into Fanno Creek. Subdivisions and partitions in 100-year floodplain. Subdivisions and partitions in the 100-year floodplain shall meet the following criteria: This proposal does not involve a subdivision or partition. Within the 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 flood levels during the base flood discharge; CITY OF TIGARD/HALL BLVD. OUTFALL PROJECT PAGE 5 OF 8 10/15/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • 0 The applicant has provided a letter from Greg Berry, P.E., indicating that the proposed outfall will remove about forty cubic yards of material, make the improvement, and restore the grade back to its natural state. Any excess soil will be disposed of off site. He indicates that there will be no alterations within the floodplain that will reduce floodplain storage or the ability of the floodplain to maintain the zero-rise floodway. This criterion has been satisfied. 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 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; The alterations that are proposed within the floodway are proposed to accommodate placement of the stormwater outfall. These items are identified as utilities within Chapter 18.120 of the Tigard Development Code (TDC) and are, therefore, permitted activities within the 100-year floodplain. 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; As discussed earlier, the applicant has indicated that no proposed activity will increase the water surface elevation of the 100-year flood. If the grade is brought back to its natural state, staff concurs. This criterion is satisfied. The land form alteration or development plan includes a pedestrian/bicycle pathwayy. in accordance with the adopted pedestrian/bicycle pathway plan, unless tfie construction of said pathway is deemed by the Hearings Officer as untimely; The Fanno Creek Trail system will be located on the site consistent with the Regional Transportation Plan, and the adopted Transportation Systems Plan. The construction of the trail has been previously conditioned with the approval of the conditional use permit for the new City Library. Additionally, the City has obtained a $50,000 grant to ensure construction of that portion of the trail. This criterion is met. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. This criterion is not applicable to this proposal. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands (DSL) approvals shall be obtained; and The applicant has provided proof of approval for the work from the US Army Corps of Engineers, but has not provided approval from the Oregon Division of State Lands (DSL) FINDING: The applicant has not provided any evidence that would indicate that no approval from the Oregon DSL Is necessary for the work that is proposed within the 100-year floodway. The US Army Corps of Engineers has issued a permit for the work dated July 22, 2003. CONDITIONS: ➢ Prior to site work, the applicant shall provide evidence in writing from the Oregon DSL that the proposed work is approved. ➢ The applicant shall comply with all conditions of approval that are required by the decision issued by the US Army Corps of Engineers dated July 22, 2003. CITY OF TIGARD/HALL BLVD. OUTFALL PROJECT PAGE 6 OF 8 10/15/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER • • 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. 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. The roperty already belongs to the City, and the construction of the trail has been previously conditioned with the approval of the conditional use permit for the new City Library. This criterion is satisfied. Within drainaciewa s. The Director shall approve, approve with conditions or deny an application requesbor a sensitive lands permit within drainageways 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 the minimum required for the use; The applicant has indicated that there will be no permanent land form alteration, and that the site will be disturbed to the minimum extent necessary to place the outfall. They add that the work area will be restored to its previous state once the outfall is placed. In complying with the conditions of approval and subsequent approvals from CWS, ODSL, and the Army Corps of Engineers (ACOE), this criterion is satisfied. 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; There is no evidence in the record to suggest that this project will result in hazards to life or property. The project is subject to an erosion control plan with Clean Water Services as the enforcement agency. If for any reason the work failed to comply, with these standards, the project would be subject to joint enforcement from CWS and the City of Tigard. The water flow capacity of the drainageway is not decreased; The proposed development will not alter the water flow capacity of the existing drainageway. 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 received approval from Clean Water Service by way of a service provider letter. The service provider letter requires the applicant to remove non-native vegetation, and provide a landscape and maintenance plan to ensure that the area of disturbance is replanted, and that the slope of the bank is not compromised by the work. Compliance with the conditions of approval from the service provider letter will satisfy this criterion. FINDING: The applicant has obtained approval from CWS to complete the proposed work provided the applicant satisfies the conditions of that letter. CONDITION: The applicant shall comply with all conditions of approval from the CWS service provider letter file #3181 during all phases of construction. 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 drainageway will remain intact. No replacement is necessary. CITY OF TIGARD/HALL BLVD. OUTFALL PROJECT PAGE 7 OF 8 10/15/2003 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 0 Tree Removal 18.790 'bection its. U requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees identification o a program to save existing trees or mitigate tree removal over 12 incises in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. A tree survey and protection plan from Halstead Arboriculture Consultants was submitted for this property with the City Library project. Staff has visited the location and determined that there will be no trees affected by this work. The nearest tree to the proposed construction is fifty plus feet. All tree protection measures are in place, and have been verified by the City's Arborlst. This criterion has been satisfied. SECTION VII. OTHER STAFF COMMENTS The Cit of Tigard Building Division has reviewed this application, but offered no commen s. The City of Tigard Engineering Department was sent this proposal for review and stated that they have no additional comments to add to the application. City of Tigard Arborist has reviewed this application and stated that he has no objections to the work. SECTION VIII. AGENCY COMMENTS Clean Water Services has reviewed the proposal, and stated that all improvements must be in compliance with the CWS service provider letter and current Design and Construction Standards. (Contact Lee Walker or Heidi Berg) Washington County has reviewed the proposal and indicated that they have no comments or objections to the proposal. The US Army Corps of Engineers, Oregon DEQ, Oregon DSL, Oregon DFW, Metro, and ODOT were given the opportunity to review this proposal and submitted no comments or objections. Y:d r I y Associate Planner APPROVE Y: F-ichard-8ewers Planning Mana r CITY OF TIGARD/HALL BLVD. OUTFALL PROJECT 10/15/2003 PUBLIC HEARING October 2, 2003 DA I E October 2, 2003 DAIS PAGE 8 OF 8 STAFF REPORT TO THE HEARINGS OFFICER 0 i I I I ~ I I I O'MARA S f V I 1 77 ODI Community Development I II "i 'I-- , ,BURNHAM \ ST I J Q GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP SLR2003-00009 HALL BOULEVARD CULVERT EXTENSION Tigard Area Map Rl. N 0 100 200 300 400 Feet 1'= 317 feet City of Tigard Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 (503) 639-4171 httpJAvww.Ci.tigard.or.uS Plot date: Sep 18, 2003; C:\magic\MAGIC03.APR • cm a noAao 0 1 ~ I r~$ b • , C P1 'OP*11 'd1S 1 Ij i 103,008d ON3 _ j r~r ~ ° 3 m m I .o ~ U r ` -4o 1 C ---brd/y~1Y0- ~ ~ Oy R Q: -s sz- Q o 4 1_ r 8 rz 9l -f! 103POdd Y' T Jz1 s it i o N1938 c t o I g '1 ~ W O O , 1' ~ J I 1 Q 2 i 3 i y CITY OF TIGARD T SATE PLAN (Map is not to scale) N W~ 0 ZW ~O LEGEND Sidewalk Landscaping z O U) 0 z z z J IL Q 0 H U. 0 H V SLR2003-00009 HALL BOULEVARD CULVERT EXTENSION DE cj--, HAAS 0450 SW 300 - Coommmmerce ce Ci ~ ~ j-f Circle ' Wilsonville, OR. 97070 & (503) 682-2450 ssociates, Inc. (503) 682-4018 Fax Consulting Engineers d Surveyors August 22, 2003 City of Tigard i? 13125 SW Hall Blvd. Tigard, OR 97223 AUG 2 5 Re: Land Use Application PI/1-1 crry O r T, J Sensitive Lands Review Hall Boulevard Improvements Water Quality Facility The "Proposal Summary" on the application form describes the basic project and the City Code section which requires that the sensitive lands review and subsequent permit be processed through the City's Hearings Officer. The attached plan excerpts from the Hall Blvd. project (Vicinity Map and Sheet 10 of 24 - Water Quality Facilities Plan) illustrate the project. Approximately 1000ft. of Hall Blvd. is being widened on the East side. Both City and Washington County's Clean Water Services (CWS) require that water quality facilities be provided to treat runoff from additional impervious surfacing (the widened pavement). As illustrated, the runoff is collected at a catch basin in Hall Blvd., piped to a water quality manhole, then through a 100ft. long water quality Swale, then piped to a manifold which distributes the flow into Fanno Creek through 10 smaller diameter pipes. The outfall over into Fanno Creek is environmentally protected with a special environmental blanket and plantings. As observed on the plans, a portion of the water quality facility falls within the 100-year flood plain, which requires a Sensitive Lands Review. Because the excavation at the top of the bank and the outfall fall within the "Floodway", the sensitive lands review must be taken before the City's Hearings Officer, who would have the authority to issue the Sensitive Lands Permit. Submitted elements are attached as follow: 1. Land Use Permit Application. 2. Compliance with applicable development standards. 3. Two (2) sets of notice materials (within 500ft. of the subject property). 4. Evidence of Neighborhood Meeting. 5. Neighborhood Meeting Affidavits of posting and mailing notice, minutes and sign-in sheet. 6. Service Provider Letter (CWS). 7. Copy of Pre-Application Conference notes. 8. Plans - Vicinity Map, Sheet 10 of 24 - Water Quality Facilities Plan, Sheet 22 of 24, Preliminary Plan and two tree survey maps. feHaas, Marlin P.E., P.L.S. Vannie Nguy , P. . 1. LAND USE PER-MIT APPLICATION CITY OF TIGARD OREGON i File # Date PU-APP. HELD BY. CITY OP TIGARD- PLAs D:Ivisto 13125 WHALL BOULEVARD T(,~ %R.D,;OR 972-23-8189 503.630AfY,1'1$.' 6184 7,97 LAND USE PERMIT APPLICATION I Other Case # I I By I I Receipt # I I Date Application Complete I TYPE OF PERMIT YOU ARE APPLYING FOR ❑ Adjustment/Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) © Sensitive Lands Review (I, II or(@ ❑ Zone Ordinance Amendment (IV) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) ❑ Home Occupation (II) ❑ Subdivision (11 or III) -LUI.A I ION WHEHI: U AU 11Vl7Y-VVfCL ULL JK (A00ress II a-Zi a le) 13360 SW Hall Blvd. I AA MAt 6 I AA LU I NUJ. 2S 1 2DA-00600 I U I AL bl I t JILC LUNING (.LAJJIriUA I IUN 4.38 acres R-12 AYNLIC;AN I - City of. Tigard MAILING AUUHtbb/C,I I Y/b I A I tWH 13125 SW Hall Blvd. Tigard, OR 97223 FMUNt NU. hAA NU. (503) 639-4171 (503) 624-0752 -PRUNE M. PRIMARY CONTACT PERSDN JVannie Nguyen (503) 639-4171 -PRUPEM Y UWNER/DEEL) HOLDER (Attach list it more than one) City of Tigard MAILING AUUHtbb/U I Y/b IA1 LIZIP 13125 SW Hall Blvd. Tigard, OR 97223 NHUNt NU. FAX NU. (503) 639-4171 (503) 624-0752 'When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. I PHUPOSAL SUMMARY (Please be specific) I The City is widening Hall Blvd. as required by City and ODOT conditions related to the Library construction and the Fanno Pointe development. An element of the Hall Blvd. widening includes construction of a water quality facility which outfalls into Fanno Creek, part of the construction occurring in the Fanno Creek tloodway. According to the Tigard Code, Section 18.775.020(6) (Sensitive lands permits issued by the Hearings Officer.), ground disturbances or landform alterations in all tloodway areas must obtain sentitive lands approval from the Hearings Officer through a Type IIIA application. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. THE APPLICANT SHALL CERTIFY THAT: • • If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All 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, map 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(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Ag t/Representative's Signature Date Applicant/Agent/Representative's Signature Date 2. CO-M-PLIANCE with DEVELOPMENT STANDARDS Compliance with Applicable Development Standards Floodulain APPROVAL. CRITERIA 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero foot rise floodway shall not result in any encroachments, including fill, new coattruction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; As shown on the attached Shoot D1, about twenty feet of the length of the proposed water quality facility extends into the floodway. This will result in about forty cubic yards of excavation that will be removed from the floodplain and disposed upland. The surrounding ground will remain unaltered. The ground being excavated for the twelve- inch line to the outfall and the outfall structure will be returned to the original contours. Consequently, there will be no filling or other alterations within the floodplain that will reduce floodplain storage or the ability of the floodplain to maintain the zero-rise floodway. 2. Land form alterations or developments within the 100-yearJloodplain 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 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; The proposed drainage improvements are permitted in this medium density residential area as a utility. 3. Where a land form alteration or development is permitted to occur within the Jloodplain it will not result in any increase in the water surface elevation of the 100-yearflood: 9 0 All ground will be returned to the original contours so there will be no any increase in the water surface elevation of the 100-year flood. 4. The land form alteration or development plan includes a pedestrian bicycle pathway in accordance with the adopted pedestrianlbicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; Pedestrian/bicycle pathways for this site are required by CUP 2003-001, Condition of Approval No. 10 - Tigard Library. 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWSpermits and approvals shall be obtained; The required U.S. Army Corps of Engineers and CWS pennits are at~ r"n ; nb Where land form alterations andlor 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 constniction of a pedestrianlbicycle pathway within the floodplain in accordance with the adopted pedestriaidbicycle pathway plan. The parcel is owned by the City. The portion of the parcel along the floodplain is currently being planned for park purposes. Drainaaeway 1. The extent and nature of the proposed land fore: alteration or development will not create site disturbances to the extent greater than that required for the use. There will be no change of use. Disturbance will be limited to that required to install the oulfall. 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 work will be subject to an erosion control plan and will be inspected. In addition, a Nationwide Permit in compliance with Section 404 of the Clean 'W'ater Act regulates erosion and sediment control. 3. The water flow capacity of the drainageway is not decreased. The flow characteristics of the drai.nageway will not be altered. 9 . • 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. Restoration will be accomplished in accordance with the attached Corps of Engineers Permit. 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 drainageway will not be altered. 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. The U.S Army Corps of Engineers and CW'S permits are attached. 7. Where land form alterations and/or development are allowed within and adjacent to the 100-yearftoodplain, 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 parcel is owned by the City. The portion of the parcel along the floodplain is currently being plaxmed for park purposes. Vrob~u46.srioutra+.1WW4A~ CeW4.00e 0 3, NO TICE ~p'TERIALS 4. NEIGHBORHOOD MEETING • AGENDA NEIGHBORHOOD MEETING Re: Water Quality Facility - Hall Boulevard Improvements Wednesday, July 30, 2003 Tigard City Hall - Town Hall 13125 SW Hall Blvd. 6:30PM - 8:OOPM I . Introduction of Staff 2. Review Purpose of Meeting 3. Explain Project - Using Exhibit 4. Questions and Answers 5. Wrap Up - Check on Sign-in NEIGHBORHOOD MEETING Re: Water Quality Facility - Hall Boulevard Improvements Wednesday, July 30, 2003 Tigard City Hall - Town Hall 13125 SW Hall Blvd. 6:30PM - 8:OOPM This Neighborhood Meeting is being conducted as part of a Sensitive Lands Review (SLR) by the City of Tigard. The City of Tigard is widening a portion of the Ease side of Hall Blvd. as a City and Oregon Department of Transportation (ODOT) requirement related to the Library construction project. Hall Blvd. is an ODOT facility. Drainage from the East side of Hall Blvd. currently sheet-flows across the Library property into Fanno Creek. Construction of curbs and storm drainage on a portion of the project requires construction of a water quality facility and an outfall into Fanno Creek. A portion of the outfall extends into the floodway. Plans have already been approved by the Division of State Lands (DSL) and the Corps of Engineers. The required Service Provider Letter approving the storm drain and water quality system has been received from Washington County Clean Water Services (CWS). Because a portion of this project extends into the floodway, a Type III Hearing Procedure is required by the City of Tigard. This involves a public hearing conducted by the Hearings Officer. Type III procedures call for a Neighborhood Meeting before proceeding with the Hearings Officer process. That's the purpose of our meeting this evening. A sign-up sheet will be kept detailing the names and address of all individuals who speak and comments, concerns or issues will be reviewed by the City and provided to the Hearings Officer. Please remember to sign-up. Sincerely, /yam -4- /66~ Marlin De as DeHaas & Associates, Inc. July 11, 2003 NEIGHBORHOOD MEETING RE: Water Quality Facility Dear Interested Party: CITY OF TIGARD OREGON The City of Tigard is the owner of property located at 13360 SW Hall Blvd., Tax Map 2S1 2DA lot 0600. We are requesting a Sensitive Lands Review for a proposed Water Quality Facility at this location. Before we apply to the City of Tigard for the necessary permits, we would like to discuss the proposal in greater detail with the surrounding property owners and residents. You are invited to attend a meeting on: Wednesday, July 30, 2003 Tigard City Hall - Town Hall 13125 SW Hall Blvd. 6:30 PM - 8:00 PM Please notice this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. We look forward to more specifically discussing the proposal with you. Please call me at 503-639-4171 x 2460 if you have any questions. Sincerely, i Vannie T. Nguyen, P.E. Engineering Manager 'CnM2007-7003 ly apVU. ova-n so jameGion appoaUeSVVg meOn0 nal b" wale pwsly 1"Ity 1.30,03 ooc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 5. NEIGHBORHOOD MEETING AFFIDAVITS AFFIDAVIT OF MA,.kG/POSTING NEIGHBORHOOD MEETING NOTICE ' IMPOUART NOTICE: THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME PROPERTY OWNERS ARE MAILED NOTICE, TO THE ADDRESS BELOW: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223-8189 IN ADDITION, THE APPLICANT SHALL SUBMIT THIS AFFIDAYIT & COPIES OF ALL NOTICES AT THE TIME OF APPLICATION. MAILING: T /J I, lane ? elJer S being duly sworn, depose and say that on the J`l day of ~JGCX.U 20,2 , I caused to have mailed to each of the person on the tt he list, a notice of a meeting to discus aaroposed development at (or near) 1336o SSG wape 12p 06 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 ad Tess®d to aid p sons and were deposited on the date indicated above In the United States Post Office located at with postage prepaid thereon. e (In th9' esence of a Notary Public) AlganaturJ POSTIN : t/ I, ma do affirm that I am (represent) the party initiating interest in a proposed l,.af~c Lv~t affecting the land located at (state the a roxi ate location(s) IF no addross(s) andlor to ot(s) currently rgflisterod) L~;3G U SAD IV- " _22_ personally post notice indicating that the site may be and did on the day of 11.1- - 20 .0 proposed for a l; r ~t_(P_ application, and the time, date and place of a neighborhood meeting to discuss the proposal.11 The sign was posted at J7A -&LnaQ T/` 4u~ aA4t~-~ "t -S S GGYti~ (state location you posted notice on property) "c'( SJdnature (In theo'presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE of D rWo7L- ) County of WaSh-A' hYl.) ss. Subscribed and sworn/affirmed before me on the o2 day of v71- IV, , 20_Qa. OREeR A GASTON ivOYa. Y PU~~Iif00P11 / - ~ [o arr. M ttnos NOTARY PUBLIC OF OREGON MN Commission Expires: /D - to d a Applicant, please complete the information below: NAME OF PROJECT OR PROPOSED DEVELOPMENT TYPE OF PROPOSED DEVELOPMENT: SPi.s~1v 2 R,.c~s v,,.u n 1 Address or General Location of Subject Properly: 11 G Ca 5u RAP lSj - Subject Property Tax Map(s) and Lo; it(s): -I-,( A. 06 C~0r_~ t~~ 1 July 11, 2003 CITY OF TIGARD OREGON NEIGHBORHOOD MEETING RE: Water Quality Facility Dear Interested Party: The City of Tigard is the owner of property located at 13360 SW Hall Blvd., Tax Map 2S1 2DA lot 0600. We are requesting a Sensitive Lands Review for a proposed Water Quality Facility at this location. Before we apply to the City of Tigard for the necessary permits, we would like to discuss the proposal in greater detail with the surrounding property owners and residents. You are invited to attend a meeting on: Wednesday, July 30, 2003 Tigard City Hall - Town Hall 13125 SW Hall Blvd. 6:30 PM - 8:00 PM Please notice this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. We look forward to more specifically discussing the proposal with you. Please call me at 503-639-4171 x 2460 if you have any questions. Sincerely, Vannie T. Nguyen, P.E. Engineering Manager "'V'2007-)00] h .oV o v+a -2M v "MW on aDPM3U aN .9bh0& o0 meeenp h24 N+O -1V Qu krv sour 7.30 03 do 13125 SW Hall Blvd.. Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 ocoour. rc rrr o.~••ro. .v..a.~ • 1i1~ AREA NOTIFIED (SOD') FOIE: Diane jelderks City of Tigard Erg. Dept. RE: 2S 102DA, 600 & • 2S102DD, 100, 200 a l Property owner Information Ls valid for 3 mont" from jI tha date printed on this maa. f • 1 N 1--T 7 I n ~ I-T"-► 1 I 1 ^.•,,mmlm cv Oeveloomenl S.- 0 200 lop 647 Fce1 1~. u3 f.u City of Tigard it c-.ti~n M v" 41p • f.( po-m Erlflm..Nr -d / ✓w-tf Ce w.MMd K1. T. D."kipmm S. w . N-; - \ \ Ug36WM.0Bh.1 Ti"rq OR 07223 (SOS) 63 L.• 171 Plot date: Jul 10. 2003: C:lmagicWlAG1C03.APR U1. 2t=t 3 G2 :42 102PP-0 t02PP-00000 RLES W 19 02 TITION PLAT XRD7223 OTS 1& 2 L 2510200-01200 2S 102DA-006N AMARIR JEANNE M AUMAN & EIKREM A AMARIR AHMED PO BOX 82824 13615 SW HALL BLVD PORTLAND. OR 97282 TIGARD, OR 97223 2S 10200-01500 2S 10200-00300 BLICK CARL J DONA JEAN FANNO POINTE LLC 8740 SW O'MARA 109 EAST 13TH ST TIGARD, OR 97223 VANCOUVER, WA 97880 26102DA-MOM 281010001200 CHAR13ONNEAU LARRY & FIELDS FRED W WELSH R081N 1149 SW DAVENPORT 13337 SW HAIL BLVD PORTLAND, OR 97201 TIGARD.OR 97223 S102D0-0O100 2S102DD-05600 C OF RD HERRERA JUAN & 131 HALL BLVD OROKE GABRIELA ARO. 0 7223 13705 SW HALL TIGARD, OR 97223 2 102DD-00 251020D-01603 CIT GARD HOLLAND RONALD P MARY L 131 ALL BLVD 8850 SW EDGEWOOD T ARD, OR 7223 TIGARD. OR 97223 02DA-00800 2SI02DO41400 CI ARO HOLSTEIN MARVIN R/LORETTA R TRS 131 BLVD 8710 SW OMARA ARD, OR TIGARD. OR 97223 2S 10100-01201 2S 10100-00000 COE MANUFACTURING CO THE JEMPAK PARTNERS LLC P 0 SOX 520 7034 SW 83RO AVE PAINESVILLE, OH 44077 PORTLAND, OR 97223 2S 1020D-00002 2S 102DD-01001 COLLING CHARLES JENSEN DAVID L AND LOIS C 8878 SW EDGEWOOD ST 8840 SW EDGEWOOD TIGARD, OR 97223 TIGARD, OR 97223 261020D-00901 2S10200-01300 COLLING CHARLES W KRAEMER JULIA A & MARK W 13835 SW HALL PO BOX 80665 TIGARD, OR 97223 PORTLAND, OR 97280 111). r-.- ict D jq Q 2S 20200-01604 A-00704 02 LASNIEWSKI WILLIAM L AND TIG G F TERESA A 1312 L 8860 SW EDGEWOOD ARO, OR 3 TIGARD, OR 97223 2S102DA 00100 2 020A 0040 MAGNO LLC TIG O OF 8800 SW COMMERICAL ST ~ft TIGARD, OR 97223 223 i ?S10?AD-01501 2 02DA O'FARRELL WILLIAM B 8 PEGGY JO TIG 0 OF 3311 E MERCER 131 HALL SEATTLE, WA 98112 ARD, O 97223 i 2S102DD4VW 2 -00401 REIJTHER DEBBIE TIG OF 11900 SW JAMES CT 131 w L TIGARD, OR 97223 i T ARO, OR 3 I 251020A-00600 2 02DA-0020 SCHALTZ RANDY A & MARGARET C OF 13335 SW HALL BLVD io TIGARD.OR 97224 223 2S102DAZ0300 2 0200-003 SCHRAMM ANN M OF TI O do KIM WILLIAM YOSHIO 8 131 LL i NINA VO 97223 ARD, 8770 SW BURNHAM ST TIGARD, OR 97223 2SI02OM400 2S 1020A-00300 f SOLARES HOMES 1 L C TIGARD-TUALATIN SCHOOL I BY NORRIS BEGGS 8 SIMPSON DISTRICT 23J LOAN SVC DEPT ATTN: BUSINESS MANAGER 121 SW MORRISON #ZOO 6960 SW SANDBURG ST PORTLAND, OR 97204 TIGARD, OR 97223 2SI02OD41100 2S1020041600 SOUS EDGAR TRUSTEE TINNIN ROBERT 0 ELAINE M PO BOX 231193 8876 9W EDGEWOOD STREET TIGARD.OR 97261 TIGARD.OR 97223 23102OD-01301 2S102DD-01002 STATE OF OREGON TOKUOA KAZUHIDE AND DEPARTMENT OF TRASPORTATION CAROL LYN RIGHT OF WAY SECTION 8870 SW EDGEWOOD ST 417 TRANSPORTATION BLDG TIGARD, OR 97223 SALEM, OR 97310 2$102DA-W701 TIGARD CHRISTIAN CHURCH 13405 SW HALL BLVD TIGARD, OR 97223 111-1. ~:,~cj Dr ' Jack hie than 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Kristen Miller 8940 SW Edgewood Street Tigard, OR 97223 ' Paul Owen 10335 SW Highland Drive Tigard, OR 97224 I Tim Esau PO Sox 230695 Tigard, OR 97281 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 J. Dyar 10430 SW Century Oak Drive Tigard, OR 97224 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 Josh Thomas 10395 SW Bonanza Tigard, OR 97224 CITY Of TIGARD - SOUTH CH SUBCOMMITTEE (pg. 1 of t) (iAcurpin\setup\labets\CIT South.doc) UPDATED: June 18, 2003 I , oa/01/2003 C : q I140. E,70 DCiG, Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 780 Avenue I Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 1 7775 SW Spruce Street { Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place I Tigard, OR 97223 I Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Brad Spring I 7555 SW Spruce Street Tigard, OR 97223 1 CITY OF TIGARD - EAST (IT SUBCOMMITTEE (i:lcurpln\setup\labels\ClT East.doc) UPDATED: April 18, 2002 0 MINUTES NEIGHBORHOOD MEETING Re: Water Quality Facility - Hall Boulevard Improvements Wednesday, July 30, 2003 Tigard City Hall - Town Hall 13125 SW Hall Blvd. 6:30PM - 8:OOPM The neighborhood meeting was convened at the time and location above. The agenda followed is enumerated below: Introduction of Staff 2. Review Purpose of Meeting 3. Explain Project - Using Exhibit 4. Questions and Answers 5. Wrap Up - Check on Sign-in The meeting was conducted by Marlin DeHaas representing DeHaas & Associates, Inc., the consultant for the Hall Boulevard improvement project, and Vannie Nguyen, Engineering Manager for the City of Tigard. As indicated on the sign-in sheet, only two interested parties came to this meeting. 1. Brian Wegener, Watershed Watch Coordinator, Tualatin Riverkeepers 16507 SW Roy Rogers Road, Sherwood, OR 97140 (503) 590-5831 Brian provided the following written comments: Here is a summary of my comments on the water quality facility for the Hall Blvd. widening; 7/31/03 Water quality manhole should include oil separation as well as a sediment trap. Native wetland vegetation is preferred over lawn in the bioswale. CWS standards for water quality. facilities have less capacity for flow and treatment than in all other areas of the Northwest. Water quality facilities should be sized to reduce stormwater pollution to the "maximum extent practicable" and should be sized based upon more appropriate standards such as those for Clark County Washington or urban Clackamas County outside the Tualatin basin (CCSD #1). Infiltration should be a greater part of stormwater treatment in order to lessen the hydrological impact on Fanno Creek. The pre-development handling of stormwater from Hall Blvd. (sheet drainage across the meadow) provides significantly more infiltration than the proposed piped system with a manifold discharge into Fanno Creek. Studies by NOAA fisheries around Puget Sound indicate that stormwater runoff is killing pre-spawning Coho Salmon. Criteria for design of water quality facilities should go beyond phosphorus reduction. And one additional comment. Metro's Greenstreets Manual describes innovative treatment of street runoff that should be considered for the Hall Blvd. widening. Thanks for the opportunity to comment. Stop muddy water. Ask me for a free copy of our guides to erosion prevention and sediment control for construction sites and agriculture. 2. Ron Holland, 8850 SW Edgewood Street, Tigard, OR 97223 (503) 620-3854 Ron had no specific comments related to water quality facility but did ask some general questions or comments as follow: Ron indicated he was paying fees to the City for storm drainage, but the City wasn't fixing his problems. Vannie indicated he should call Public Works. Ron asked about the Wall Street LID and Marlin and Vannie explained the project goals, status and financing. All were advised that there would be the required 500ft. notification of the formal hearing on the water quality facility before the Hearings Officer. 1A r i Marlin J. DeAaas 7/30/03 cc: 02.644.118 DE HAAS 1094SO 100 - AGC Center $ ~ 9.350 SW Commerce Circle Wilsonville, OR. 97070 (503) 682-4018 Fax ssociates, Inc. Consulting Engineers d Swveyois August 6, 2003 Brian Wegener Tualatin Riverkeepers 16507 SW Roy Rogers Road Sherwood, OR 97140 Re: Water Quality Facility - Hall Boulevard Improvements Dear Brian: Thank you for your contribution to our Neighborhood Meeting held 7/30/03. We have received your written comments of 7/31/03 and they will be submitted to the City as part of our Land Use Application. The Neighborhood Meeting was a City code requirement associated with our submittal for a Sensitive Lands Review. There will be a public hearing before the City's Hearings Officer, who is authorized to issue the Sensitive Lands Permit under the Type III process. We have no DSL/COE objection to the proposed work. We have received the appropriate Service Provider Letter required from Water Environment Services (WES). With respect to your comment about vegetation of the bioswale, we did not have an exhibit of our planting plan at the Neighborhood Meeting. We are attaching Sheet 22 of our Hall Blvd. construction plan which illustrates a more elaborate planting plan than I may have inferred at the meeting. With respect to your comment suggesting an oil separator be added, that is not a requirement of WES and WES has approved the water quality plan as submitted. Please let us know if we can provide you other pertinent information about the project. Sincerely, Marlin J. DeHaa's, , P.L.S. President cc: 02.644.118 Attachments Vannie Nguyen - City of Tigard 6441tr.806 NAME tj 0- 2. r Werie- J1 Q-,( J 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. OocvmeM. J SIGN IN SHEET FOR Water Quality Facility - Hall Blvd Improvements City of Tigard - Town Hall 6/30/03 - 6:30 - 8:00 PM ADDRESS CITY/STATE/ZIP FF,5-D C--Q/,Pe woe T r Ok-770?3 (o So l Sw re o,! kcSe 5 12d V~~! v,~oo~, 97l PHONE 6 2 0 SO -5-~~~• 0 6. SERVICE PROVIDER LETTER ~~4 File Number C1eanWater\\ Servi ces 13,01 1 Our commitment is clear. Clean Water Services Service Provider Letter Jurisdiction Tigard Date July 23, 2003 Map & Tax Lot 2S102 D000300 600 Owner City of Tigard - Vannie Nguyen Site Address East of SW Hall Blvd, Contact Pacific Habitat Services South & west of Fanno Ck. Address 9450 SW Commerce Ci r, 180 Proposed Activity Expansion of Hall Blvd Wilsonville, OR 97070 Phone 503-570-0800 This form and the attached conditions will serve as your Service Provider Letter in accordance with Clean W ater Services Design and Construction Standards (R&O 03-11). YES I NO I I YES , NO Natural Resources Assessment (NRA) ® F] Alternatives Analysis Required ❑ lenJ Submitted (Section 3.02.6) District Site Visit Date: ❑ ® Tier 1 Alternatives Analysis ❑ ❑ Concur with NRA/or submitted information ® ❑ i Tier 2 Alternatives Analysis ❑ ❑ Sensitive Area Present ® ❑ Vegetated Corridor ❑ ' ❑ On-Site Averaging i Sensitive Area Present Off Si ® ❑ Vegetated Corridor ' ® ❑ - te Mitigation Required Vegetated Corridor Present On-Site ® ❑ On-Site Mitigation ® ❑ Width of Vegetated Corridor (feet) 50 feet Off-Site Mitigation ❑ ❑ Condition of Vegetated C id Degraded Planting Plan Attached ® ❑ orr or Enhancement Required Miti ti ® ❑ Enhancement/restoration 11/15/03 ( ga on area only) completion date Encroachment into Vegetated Corridor ® ❑ RSAT (no longer required) ❑ ❑ (Section 3.02.4) Type and Square Footage f E 1,218sf Geotechnical Report ❑ o ncroachment _ water quality swale required Allowed Use (Section 3.02.4.b.2) ® 1-1 Conditions Attached ® ❑ This Service Provider Letter does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property. Page 1 of 3 File Number I In order to comply with Clean Water Services (the District) water quality protection requirements the project must comply with the following conditions: No structures, development, construction activities, gardens, lawns, application of chemicals, uncontained areas of hazardous materials as defined by Oregon Department of Environmental Quality, pet wastes, dumping of materials of any kind, or other activities shall be permitted within the sensitive area which may negatively impact water quality, except those allowed by Section 3.02.3.b. No structures, development, construction activities, gardens, lawns, application of chemicals, uncontained areas of hazardous materials as defined by Oregon Department of Environmental Quality, pet wastes, dumping of materials of any kind, or other activities shall be permitted within the vegetated corridor which may negatively impact water quality, except those allowed by Section 3.02A.b.2). 3. The vegetated corridor width for sensitive areas within the project site shall be a minimum of 50 feet wide, as measured horizontally from the delineated boundary of the sensitive area. 4. Prior to any site clearing, grading or construction the vegetated corridor and water quality sensitive areas shall be surveyed, staked, and temporarily fenced per approved plan. During construction the vegetated corridor shall remain fenced and undisturbed except as allowed by Section 3.02.5.a and per approved plans. 5. Prior to any activity within the sensitive area, the applicant shall gain authorization for the project from the Oregon Division of State Lands (DSL) and US Army Corps of Engineers (USACE). The applicant shall provide the District with copies of all DSL and USACE project authorization permits. DSL/USACE permit authorization required. 6. The applicant is proposing to culvert a 3.5-foot section of open stream ( a small area between two existing culverts). Mitigation for this activity shall include "daylighting" 15 feet of stream channel currently within a culvert. This shall create new vegetated corridor which shall be enhanced, either as part of this project or the Fanno Point Development. 7. For vegetated corridors 50 feet wide or greater, the first 50 feet closest to the sensitive area shall be equal to or better than a "good" corridor condition as defined in Section 3.02.7, Table 3.2. 8. An approved Oregon Department of Forestry Notification is required for one or more trees harvested for sale, trade, or barter, on any non-federal lands within the State of Oregon. Clean Water Services shall be notified 72 hours prior to the start and completion of enhancement/restoration activities. Enhancement/restoration activities shall comply with the guidelines provided in Landscape Requirements (R&0 03-11: Appendix D). 10. Prior to installation of plant materials, all invasive vegetation within the vegetated corridor shall be removed. During removal of invasive vegetation care shall be taken to minimize impacts to existing native trees and shrub species. 11. Enhancement/restoration of the vegetated corridor shall be provided in accordance with the attached planting plan and R&O 03-11, Appendix D. Prior to any site clearing, grading or construction, the applicant shall provide the District with the full required construction plans for vegetated corridor enhancement/restoration in compliance with R&O 03-11. 12. Maintenance and monitoring requirements shall comply with Section 2.11.2 of R&O 03-11. If at any time during the warranty period the landscaping falls below the 80% survival level, the Owner shall reinstall all deficient planting at the next appropriate planting opportunity and the two year maintenance period shall begin again from the date of replanting. Page 2 of 3 File Number 13. Performance assurances for the vegetated corridor shall comply with Section 2.06.2, Table 2-1.4 and Section 2.10, Table 2-2.2. 14. Appropriate Best Management Practices (BMP's) for Erosion Control, in accordance with the CWS Erosion Control Technical Guidance Manual shall be used prior to, during, and following earth disturbing activities. 15. Prior to construction, a Stormwater Connection Permit from the District or its designee is required pursuant to Ordinance 27, Section 4.13. 16. The District or City/County may require an easement over the vegetated corridor conveying storm, surface water management, and/or sanitary sewer rights to the District or City that would prevent the owner of the vegetated corridor from activities and uses inconsistent with the purpose of the corridor and any easements therein. 17. Activities located within the 100-year floodplain shall comply with Section 3.13 of R&O 03-11. 18. Removal of native, woody vegetation shall be limited to the extent practicable. 19. The water quality Swale and detention pond shall be planted with District approved native species, and designed to blend into the natural surroundings. 20. The proposed water quality swale encroaches into the vegetated corridor by the amount allowed by averaging, although no development is currently proposed. However, this is an allowed use and no alternative analysis is required, therefore the encroachment meets the Design and Construction Standards. 21. Final construction plans shall clearly depict the location and dimensions of the sensitive area and the vegetated corridor (indicating good, marginal, or degraded condition). Sensitive area boundaries shall be marked in the field. 22. Final construction plans shall include landscape plans. Plans shall include in the details a description of the methods for removal and control of exotic species, location, distribution, condition and size of plantings, existing plants and trees to be preserved, and installation methods for plant materials. Plantings shall be tagged for dormant season Identification. Tags to remain on plant material after planting for monitoring purposes. 23. A Maintenance Plan shall be Included on final plans including methods, responsible party contact Information, and dates (minimum two times per year, by June 1 and September 30). 24. Should final development plans differ significantly from those submitted for review by the District, the applicant shall provide updated drawings, and if necessary, obtain a revised Service Provider Letter. Please call (503) 846-3613 with any questions. Heidi K. Berg Site Assessment Coordinator Attachments (1) Page 3 of 3 V ~(,6 h ~ ~ h VI m~ w f ~ 4^ _ _ _ _rt soo U-3OVQ~ rrao I 0 _ HALL SLID. 7Z1200 L_ n rroo n Tor n _ n 401 8~j w J ~\\7j 4019 y ! J/~ - . - . 200 Location of Culvert n too ► 1 71 I411W `j - to be tended >z '00 i rz Soo 1 I _ I i J 4 KMY ~ 11 n BGY~ FANNO POINTS 1 1 I PROPOSED T/GARD `xw;xw ' ' , DEVELOPMENT 1 ~ I LIBRARY /TE ' ~ ~ Approximate Location ' ofProrosedB/oswa/e-~~ - ( LEGEND 11 1 r Sidewalk Agorox/mate Locat/on / I.. c:. r r Landscaping 111 ofFanno Creek 0 0o 160 360 SCALE IN nn FIGURE Location of the Hall Boulevard. widening project (base map provided by 27 2711 11 3 2 DeHaas and Associates, 2003). PHS Pacific Habitat Services, Inc. S 0 i J Exit CB Q 1 I. • . • ' Sto 2t77.J1, ?J.SS' RT Construct: ' ; Crate 156.23 • . • • • OOOT inlet CC-2• \ $ ;SEX/ST.o4 Hall SW • ..........E~i~t~ Wei'ond y .I P/PE . /E:'150.21 , Exist C8 l; : . . Grote 156. fe J • UTARY TO VP- j Exist Ce Q . • • • 0 CREEK Grate ls156.1-~ , . ~ I 44 cu. yd. of ~ • Upland to be ` " . `Remove exist. " r lE 151.9J~ • • Excavated Sf/. culvert. - ; ' . ` . ' ; ; : • ' . ' ; ' .Regcp;rrjr4r'cpgn to Extend C ` . L . 24- C76-V' 'A!! • stops- in Concrete Culvert. pips o w area Channel r ` Remove Culvert . S- O.OJ10 • . • ' . to bs • . • ' itC 0 $ fk, ~ 5:1 ft: ~ V ti i s". QQd 2 • :CUIY rts Previously ` 24` cant euMart . Identified X 152.09 C - - - - ~ -----L-------- as the Fanno Pointe / Buffer Project 12" Conc /S' 152.-T4 Exi- SS MH I......I - _ 55. f5 N rim 156.92 _ N C) 0 10 to 40 SCALE IN FEET FIGURE Culvert extension and associated buffer for the tributary to Fanno Creek 2711 3 for the Hall Boulevard widening project (base map provided by DeHaas and 5/14/03 Associates, Inc., 2003). PHS Pacific Habitat Services, Inc. ~t-~s _ 0 C, guf~er / ► ~ ~I ,,~----~v% moo ~ 3 2' J _ 'Buffer Impact (1218 sf) ~i • ~ \ 22' z 24' 4t \ I / . cr / Curlex Blanket of Fanno ® k , - ft Q I G e\4~/ N_, Z \ n~ > I r' / t Ot* ALL STRUCTURE e Of F~ IE~139~St too' 4 SO\ 4 I I j e\,Oot I P I \ \ IE O N UT- 141.9 6r8LF1T{_ DITCH IN 140.35\ S. 1.X inc. \ IE OUT-140.35\ I ® I - car 0 go 40 do \ VXWMW / r _ CUSS SO RIP RAP I SCAI.$ W FEET - „ FIGURE Buffer impacts for the Hall Boulevard widening project (base map 2711 4 provided by DeHaas and Associates, Inc., 2003). 5/14/03 Pacific S Habitat Services, Inc. l r- 1--------------- Q 0 I 1218 SF-BtOSWALE OUTFALl' MfTICATION.N?_ > J SW GMARA S+ = • O) w ,4, 1. as■ r cam - - - v :i',', : I lI , r _ Pk saff"VII . . . - % 2711 6/18/03 P1-fs A PROJECT BOUNDARY CWS NATIVE BUFFER ENHANCEMENT ` ♦ ` + ` ` + BUFFER PLANTING MATRIX + + + + + + + - SEE DIAGRAM BELOW FOR TY PICAL PLANTINGS Plant Material I (Botanical Name (Common Name 1 Total I By Plot (Notes ITrees (3 Gal. Cont) I 1 280 1 10 1 ar Alnus rubra _ (Red Alder 1 140 1 5 18' O.C. fl IFroxinus s latifolia (Oregon Ash 1 140 1 5 112' O.C. Shrubs (1 Col. Cont.) 532 1 19 hd Holodiscus discolor OceanSproy 112 J 4 9' O.C. (gl Rosa aymnocorpo IBoldhip Rose 1 140 1 5 16' O.C. Q ~ Sambucus racemoso (Red Elderberry 1 140 I 5 15' O.C. ® Symohoricamos albus ISnowberry 1 I 140 I 5 I 15' O.C. I Emeraents I 1 1 62 1 2.22 1 Achillea millefolium IWestem Yarrow 1 2 1 0.07 11 lb./acre Bromus cminatus INotive California Brome 1 17 1 0.61 110 lbs./acre Elymus alaucus I8lue Wildrye 1 15 1 0.54 19 lbs./acre I Lupinus bicolor ITwo-color Lupine 1 14 1 0.50 18 lbs./ acre ILuplnus polyahyllus (Large-leafed Lupine • 1 14 I 0.50 18 lbs./acre LOCATION AND GROUPING OF PLANT MATERIALS SHOWN BELOW IS FOR EXAMPLE ONLY. SITE CONDITIONS WILL DETERMINE BEST LAYOUT OF PLANT MATERIAL. FANNO CREEK Z 0 rrQ Wa, W ~W ww m In U (or Or or In O r AS T -SHRUBS IN GROUPS OF 3-7 ADJACENT PLAT -y- 0 00 too zoo SCALE IN FEET Location of proposed buffer mitigation for the bioswale as identified on the planting plan (base map provided by Greenworks, 2003). Pacific Habitat Services, Inc. -TREES IN GROUPS OF 3-5 -'GROUPS CAN SPA' ACROSS PLATS FIGURE 5 JINN OPEN FIELD 0 . 0 7. PRE-APPLICATION CONFERENCE • APPLICANT: ,Phone:( 1 I L • NON-RESIDENTIAL AGENT: Phone: ( 1 PROPERTY LOCATION: ADDRESVGENERAL LOCATION: ~ ~ i33Gd sltJ TAX MAP(WL01 #(S): NECESSARY APPLICATIONS: IF) ~i ,.r ii PROPOSAL DESCRIPTION: 'L~.-+,•,-_..~r lc/~/`~ si.J /~.~5~/ v COMPREHENSIVE PLAN MAP DESIGNATION: ZONING MAP DESIGNATION: t? • t-)- CITIZEN INVOLVEMENT TEAM (C.I.T.) AREA: 5.' ~c7 ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. l MINIMUM LOT SIZE: sq. ft. Average Min. lot width: ft. Max. building height: ft. Setbacks Front ft. Side ft. Rear ft. Corner ft. from street. MAXIMUM SITE COVERAGE: % Minimum landscaped or natural vegetation area: ❑ NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout] THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S), BND TIDE CjTY OF TIGARD PLAN_N DIVISIQl( of their proposal. A minimum of two (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. Meetina is to be held orior to submittina vour application or the application will not be accepted. NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 140N-RCsrJcnbal Appka6oxVP1anairq Division $r6on . ..trAtffi 0 NARRATIVE (Refer to Code Chapter 18.390) 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. The applicant should review the code for applicable criteria. IMPACT STUDY (Beier to Code Sections 18.390.040 and 18.390.050) 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. ❑ ACCESS (Refer to Chapters 18.705 and 18.7651 Minimum number of accesses: Minimum access width: Minimum pavement width: % All driveways and parking areas, exeept for some fleet storage parking areas, must be paved. Drive-in use queuing areas: ❑ WALKWAY REQUIREMENTS (Refer to Code Section 18.705.0301 WALKWAYS SHALL EXTENb FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buitdi.ngs in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. ❑ SPECIAL SETBACKS (Refer to Code Chapter 18330) ~ ➢ STREETS: feet from the centerline d\ ➢ LOWER INTENSITY ZONES: feet, 'along the site's boundary. ➢ FLAG LOT: 10-FOOT SIDE YARD SETBACK. ❑ SPECIAL BUILDING HEIGHT PROVISIONS (Refer to Code Sectio 18.730.010.8.1 BUILDING HEIGHT EXCEPTIONS - Buildings locat d in a non-residential zone may be built to a height of 75 feet provided that: ➢ A maximum building floor area to site area rat( (FAR) of 1.5 to 1 will exist; ➢ All actual building setbacks will be at least ha (Yz) of the building's height; and ➢ The structure will not abut a residential zone district. ❑ BUFFERING AND SCREENING (Refer to Code Chapter 7451 In order TO INCREASE PRIVACY AND TO ITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent City requires landscaped buffer areas e described by the Code in terms of width. and evergreen trees and shrubs and mu plantings. Site obscuring screens or fenc not required by the Code. The required utilities, and walkways. Additional inforrr found in the Development Code. d velopments, especially between different land uses, the I ng certain site perimeters. Required buffer areas are Puffer areas must be occupied by a mixture of deciduous t also achieve a balance between vertical and horizontal s may also be required; these are often advisable even if puffer areas may onlv be occupied by vegetation, fences, ation on required buffer area materials and sizes may be CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 N0N-rbl;ida':1J Ay-f~ liorPi,inning LFvi;ron Sa.,-.imn 110 v •1 G V V .1 ll .l I :'A .1 V V V O-4 1 1 V 1 11 1, U I l l Wj VVY The ESTIMATED REQUIRED BUFFER WIDTHS applicable to vour proposal area are: feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: &LANDSCAPING [Refer to Code Chapters 18345,18.765 and 18.7051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public tight-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees 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 of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around 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. ❑ RECYCLING fReletto Code Chapter18.7551 Applicant should CONTACT FRANCHISE HAU R FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a tras recycling enclosure within a dear vision area such as at the intersection of two (2) driveways wit 'n a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny. Hin is the contact person and can be reached at (503) 625-6177. ❑ PARKING (Refer to Code Section 18.765.0401 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 50% OF REQUIRED SPACES MAY BE DESIGN ED AND/OR DIMENSIONED AS COMPACT SPACES. PARKING STALLS shall be dimensioned as follows: ➢ Standard parking space dimensions: 8 feet, 6 inches x 18 et, 6 inches. ➢ Compact parking space dimensions: 7 feet, 6 inches x feet, 6 inches. Note: Parking space width Includes the width of stripe that separates the parking space from an ad' fining space. Note: A maximum of three (3) feet of the ve He overhang area In front of a wheel stop or curb can be included'as part of required p king space depth. This area cannot be included as landscaping for meeting the minimun`\percentage requirements. HANDICAPPED PARKING: ➢ All parking areas shall PROVIDE APPROPRIATELY OCATED 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 req~ est. A handicapped parking space symbol shall be painted on the parking space surface and/fin appropriate sign shall be posted. ➢ BICYCLE RACKS ARE REQUIRED FOR MULTI-FAM(LY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in aleas protected from automobile traffic and in convenient locations. ❑ LOADING AREA REQUIREMENTS (Refer to Code Section 18.765.080) Every COMMERCIAL OR INDUSTRIAL BUILDING IN EX ESS 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. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON R&SAennal AprAca6orolianning Division Soc6on ❑ BICYCLE RACKS (Refer to Code Section 18.7651 BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. X SENS(YfVE IANDS (Refer to Code Chapter 18.7751 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 responsibilitv to precisely identffv sensitive land areas. and their boundaries, is the responsibility of the applicant. Areas meetinla the definitions of sensitive lands must be cleariv indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES (Refer to Code Section 18.715.080.01 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 18.775.080.C. The report shall be based upon field exploration and investiggation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. CLEANWATER SERVICES (CWS) RUDER STANDARDS (Refer to R-& 0 96-0411111SA RegalaUons -Chapter 3) LAND DEVELOPMENT ADJACENT 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. Desian Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION & ORDER 96414 • Streams with intermittent flow draining: ► 10 to <50 acres > 50 to < 100 acres • Existing or created wetlands <0.5 acre • Existing or created wetlands > 0.5 acre • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres Natural lakes and ponds • Streams with intermittent flow draining: ► 10 to < 50 acres ► > 50 to < 100 acres • Existing or created wetlands • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining > 100 acres • Natural lakes and ponds < 25% 15 feet 25 feet 25 feet <25% 50 feet > 25% 30 feet 50 feet > 25% Variable from 50-200 feet. Measure in 25-foot increments from the starting point to the top of ravine (break in <25% slope), add 35 feet past the top of ravine' Starting point for measurement - edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor, shall not serve as a starting point for measurement- 5Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition °The vegetated condor extends 35 feet from the top of the ravine and sets the outer boundary of'Ihe vegetated corridor. The 35 feet may be reduced to 15 feet, if a stamped geotechnical report confinns slope stability shall be maintained with the reduced setback from the top of ravine. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8 MON Hefik0al AppGai6on/PlannGq thvisiai S[.Aon ! • Restrictions in the Veaetate Corridor: application of chemicals, NO structures, development, construction activities, gardens, lawns, app 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 provided for in the CWS Design and Construction Standards. 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. CWS Service Provider Letter: 15RJOR TO SUEMITPAE-oTany land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CW S Service Provider Letter is not required. F] SIGNS [Refer to Code Chapter 181801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY 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 review application. Alternatively, a Sign Code Exception application may be filed for Director's review. TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.0301J A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arbodst shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, 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 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: 1 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 reeqquires that two- thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; 0 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 18.790.060.D.; 1 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 18.790.060.D. 011-MITIGATIOH [Refer to Code Section 18.790.060.E1 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 available, the Director resource value. CITY OF TIGARD Pre-Application Conference Notes NON (t. siden6al ApOiWGofi,Plwiing Oivision Sec6rn of the species of the tree removed or damaged is not reasonably may allow replacement with a different species of equivalent natural Page 5 of 8 ➢ 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. ❑ CLEAR VISION AREA (Refer to Code Chapter 18.7951 The City requires that CLEAR'VISION AREAS BE MAINTAINED BETWEEN' THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size, of the required dear vision area depends upon the abutting street's functional classification and any existing obstructions within the dear vision area. ❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Secdoa 18.810.0601 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'/z TIMES THE AVERAGE WIDTH, unless the parcel is less than 1% times the minimum lot size of the applicable zoning district. CODE CHAPTERS - 18.330 (conditknel use) 18.620 (Tigard Triangle Design Standards) 18.340 (Dregs r wMetabon) 18.630 (wast*vtm square Re*w cert%) - 18.350 (Planned Detrelopmero 18.705 (Aomw4resscirou+abon) - 18.360 (sxe Dmiop rent Review) 18.710 0=essory Residential unh) - 18.370 (varianoeemjuslnw&) 18.715 (Densily cor"tations) - 18.380 (zoning MaprrerdAmendments) 18.720 (Design comlmowty standards) 18.385 (&fsoeiianeous Permits) 18.725 (Environmental Performance standards) - 18.390 (Decision Making Prooedupesnmp ct Study) 18.730 (Eceplions To Devetoprmerd standards) - 18.410 (Lot line Adiusrnents) 18.740 (Historic overlay) _ 18.420 (Land Partitions) 18.742 (Home ooaipa6on Permit;) - 18.430 (subdivislons) 18.745 (landscaping a screening standards) - 18.510 (Residential Zoning Districts) 18.750 (Wnufactureditbll Home Regulations) 18.520 (commerdat zoning Districts) 18.755 (wed solid wasteJRecycfing storage) _ 18.530 (lndusbw zoning Districts) 18.760 (Noncortorming Situations) CITY OF TIGARD Pre-Application Conference Notes NON-RnsAcn6al ApprrarionlPlawn ng ONISion S[C6011 18.765 (off-street Paftv&omhg Requirements) 18.775 (SensWe Lands Review) 18.780 (signs) 18.785 (remmwy use Permits) 18.790 (Tree Removaq 18.795 (viral clearance Areas) 18.798 (wreless communication Faciiks) 18.810 (Skeet 8 urTrty Improvement Standards) Page 6 of 8 • ADDITIONAL CONCERNS OR COMMENTS: • i S . C,d ire.-~/ S_l7 i PROCEDURE 2 Administrative Staff Review. ? X Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. . Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Plannina counter closes at 4:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1). 8'/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 Department 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. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON liw:4on6a1 App(Katk)(Mannmg C)Msion S•xwn d?t ' - . ~.:o.~w=.aG uaa:+eowvri~- - •a*MRJr... :L....,•~s'hFfiflfADSib'~.Nt`~%!, ~ The administrative decis•or public hearing will typically occur proximately 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-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard A basic flowchart which illustrates the review process is available from the. Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. 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. BtfILDIN6 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 olicv is to o I those system development credits to the first building permit issued in the deve opment (U S OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). NOTE: PLEASE r he conference and notes cannot cover afl Code requirements and aspects related- OF site planning that should apppl to the development of your site plan. Failure of the staff to provide information required by the Co dye shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. , AN' ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: `7__ Lt1 R.vSTAFF CITY Of TIGAD P NNING DIV(S~ PE O NOIDING PRE-APP. MEETING PHONE: (S03) 639-4171 FAX: (503) 684-1191 E-MAIL (SPK; Lnt name Q@ *C gard.or.ui TITLE 18 (CITY Of TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS: www.Ci tlgard.Or.us H: Ipattylmasters\Pre-App Notes Commercial.doc Updated: 3-Oct-02 (Engineering section: preapp.eng) CITY OF TIGARO Pre-Application Conference Notes Page 8 of 8 NUN-Residential App - brOlanning Division Secdr.i 0 0 g, PLANS • 1 ~D CITY OF TIGARD j OREGON NORTH DAKOTA Y PLANS FOR PROPOSED PROJECT +t~ -51RUT ~l buwaes o~ 4 MAY, 2003 \ ` er \1 V41RM YmWµb 14 BON11A RO Y RpQ fNSO1AY ~ HALL BOULEVARD ~ f 10 Street, Storm Drainage & Utility improvements N I~ INDEX OF SHEETS (Regina Lane to Existing Bridge) I (X1) TYPICAL SECnoNS 1 (GI) GRADING & EROSION CONTROL PLAN VICINITY MAP PROJECT J (L I) PLAN & PROFILE (HALL BL W).• STA 1+16.7J TO STA 5+80 4 (L2) PLAN & PRO17LE (HALL BLW). STA 5+80 TO STA 10+60 5 (LJ) PLAN & PROFILE (HALL BL W).• STA 10+60 TO STA 11+40.14 6 (C1) G0NS7RUC770N DETAILS 7 (C2) CONSIRUC770N DETAILS 8 (CJ) CONSTRUC77ON DETAILS 9 (C4) CONSTRUCRON DETAILS 10 (Dl) WATER OUAUTY FACILMES PL4,V 11 12 (W) UnUTY PLAN (PGf) f-Q Nh10 p I J (UJ) U77LITY PLAN (PGE) Cr S ~~~i 14 (UW) ILLUMINA7701V PLAN 15 (U5) ILLUYIIVA77ON PLAN 16 (U6) FUTURE SIGNAL CONDUIT PLAN 17 (51) SIGNING AND STRIPING PLAN . 18 (52) SIGNING LEGEND 19 (LS1) IRRICAWN PLAN (HALL BL W) STA 1+16.7J TO STA 6+50 -I Ln 20 (LS2) IRRIcAnoN PLAN (mu BLW) STA 6+5o TO STA 11+40.14 \ O' MA RA ST 21 (1SJ) PLANTING PLAN (H4u BLW) STA 1+16.7J TO STA 6+50 J 22 (LS4) PLANTING PLAN m4u BLW) STA 6+50 To STA 11+4014 J 2J (LS5) IRRIGATION DETAILS _ 24 (Lso PLANnw DETAILS O'MARA ST i N ~ I • 1 REGINA BENCHMARK EDGEWOOD ST UN, Vrfcof LOme~1ge e SW Ho "~°foc"d Sjnftof Ne arN.etl cainar of Of SW tbf Boulerord & a SW 9umAam Str<et. The Fisk is sfoawed r11Y Or 7K.IRO SORWY C'aV7R& RkV7- the slswt;o as the dFsk Is 156.73 wd ie f w" the 7iyuid ✓erilcol Nel.wk A e IMO. ruf- fe PNQ{Cr C~ ( C....r APPROvAt Or the a the Oregon a<gon b. «Quru lou fo 4.s we f by ,(,"~~vfe eM Vli+y OIO Plough OAR OARr. Rare cent1-(1Wee090 0 You sel m oy h fxp, 121J7103 0<~ r ~S VANNIE T. NCUYCN, P.C. CITY OF TIGARD OAR 951-001-0010 th952 e + tunic • 41X"4' bfoh the l of the n/et by cdfny U reeler. Q ~0.C0 PROfU f HAAS 9450 CormACC iWOCeeie ENGINEERING DEPARTMENT ' f Hole: the fd ma mrmber lw the Oregon Willy Noltlkolan S~ ea'ty 'Cbk I DE Wham7e, Oregon 97070 / wrt 13125 S.W. HALL BLVD. eatr ` 9~7 19g7A ° CALL BEFORE YOU DIG k TIGARD• ORGON 97123 I-800-332-2344 ssociates, Inc. ;'re• c¢ _~dP~LO '43~ VOICE: 503-639-4171 by Nos< <otcr.a ConeullinE EnEineen k Surveyors FAX: 503-684-7297 A PHONE: (503) 687-7450 WVlW,CI. TIGARD.OR,US ~*IrN J. pc"' FAT: 687-4018 IQ1pQ ul'r0i I notcr ...t . t GENERA! NOTES I I ~ I~ 14- I 9 DRAWING PLOTTED AT \ SECTION A - A O Protect all trees on site. + I~ -HALF--THE NOTED SCALE 22 K 24 E ~QDrlex Blanket planted with VARIES .y r- Q 'p \ I / \ native herbaceous seed mix. J p red-osier dog ood and 21' 1~- 4 /b , 4~ Io u 3 u / n willow stokes 1° m Fc erosion. 2 GONS (RUCTION NOTi'S V a o11'II v I v E TOP OF BANK 0 Not used. J d C m 'C J InWaW O \r ``✓I/// A A c .u ...eu umo awl 02 Construct water qualify Swale. U i I 0 NON 00wOY m a( NY 4 U Z FANNO CREEK aw..e; ialwa~ i OConstruct ditch inlet. See Detail 8 and C. wliwnG! I. l 1- / \ A au. we em m am® v u + s[wa an wa u @Connect to new storm sewer in street. Begin wofe o X ti J ' \r ti raA quality facility bid item. 0 - AaR a Iv 1 ' 1 _~1 C II \'rr ,G 12 Monifold &6ft w r 44.1 `~:v SD Construct inlet Bowpod, lull width of channel. + axw ann a n o Q 10* long w/10 each 6'x I taunc.n lamc n.1 v O ^ m ~ti wwl[en llAan ©Reseed Swale alter grading. See landscape plans. outlet pipes ® 2' OC c Iy/ \ riov,aren,. M I O ° v OInstall sedimentary manhole. See Delod D. I I 11 1 Ir . 0' DITCH INLET &ick iled Rim= t145.00, if in 141.23, lE out= 141.15 p Its- eduq.en`'\ \ 1~ IN=140.35 I rri Sump= 13 4.7J. V \ I I I OUT=140.35 ® Locate and abandon existing well with concrete in accordance with Oregon Water f ' Resources requirements. (8y Others) YI I I EROSIO CONTROL FENCING T @ Hydroseed any disturbed areas not covered by landscaping plans. \ + , C AL 1 ' 41 a' 100 YR FLOOD PLI IN • eY IE IN~~~~~~qqq~~~141.2) I o IE 1J1,~1=141.15 _I I SEa11W A-A m CL SS150 RIP RAP I ll r I WATER QUALITY E=140.76 1 I oa w c a, vs MANHOLE CIno-1W~° \ - la - 65.47 LF T~ 5 360123 Suwecl UST •M~•' I 5 10+I- 12 C76-V :anc. \ PWa I DETAIL D 1E 0 T= 141.88 S=1.0% 4; ~E~, ~1, "1\ 11 iCALf.' 1 =1~7 L- J -1 IIF--1.~ r.~ I R/W / A .•.e.a.a r..~.r SECTION A-A L 1 I 148 _ !48~ M PU E Existing Ground n o° l 18eH _ I I ° 144 ° 144 °J PAN 65.4p LF 12• I'76-V car c~ 4: 1 (Typ) 11 I ~ o I ~I r ° I L I bottom of ;wale I 1 Io T?, L J SECTION a-e 140 o00-4J I` \I I r _1 140 s l ~ PVC s=h. 01 ~ ro 31. LF 12" C76-V ccnc. f I V11 w al Of MI W qt I 1 5= 0.0123 Y r tA+ / ...ex W m w v b I h 136 r1-"H r. w 136 I j n h Elev. 133.89 1 o ;jp Wate surface SECTION A-A SECTION a-B tl rl,r.u r IS VN 0 n n p n U n h co, ama:wW eeeA 132 .L c4 q O Oi ~l\ h .9- IJ2 r _ _ mmwm.a.e owc.la 1" - 'F$-„-- v ~_-~j_ irmu mt~tw.rrsrs r-i~ .nm w[uat PLAN 5 a ^ p W SuAIt: + W W ty l W n n ~i Iwn . n aw i wl'~we > tuft . a an 1 20'H Z. a ° d ° u~ ¢aoea r<..I. ncaa .l®n.a ni149.a 1o..aw.nnu. ar..-sw Wamwrwom mw. f, 0 1 1• ° 4' 1'ER , n m co D b~02p N~ 128, } o o CN DITCH INLET 118 ° DITCH INLET FRAME AND GRATE DI gonwic~; DI .>n.. a--~-- ou-c No. no [Nan m-m o. .ate. - DETAIL C DETAIL 6 124 ITS O - _ [124 0+00 0+40 0+80 1+20 1+60 2+00 2+40 2+80 3+20 SHEET DATE I REM90N NO. I BY Exp. 11 Jl/OJ roan I I 1 OE9GNEDBY: BA KURAHASHI HALL BOULEVARD Dt DRAWN BY: k ASSOCIATES. INC. 8/ 11/03 I REVISE HALL BLVD STORM TO SWALE - I 3 i LM ii CKECKEO BY: M1D 1 N0hl) ra~taeerly ..et.r Rnn- STREET & UTILITIES IMPROVEMENTS , D lA 4-Pe Arcbllecture . Planning 6/30/03 I EXTEND MANIFOLD 5• TOWARD FANNO CREEK 1 LM DATE: 4-25-03 !~2_1r II ce0 En.iroomentn(. 6uneF1r,4 6/20103 L_ REALIGNSwALE FAtllllt I I LM SCALE: AS SHOWN mirxJ.D^ ss6o.crbnSa T.r Street, su[te Zoo CITY OF TIGARD WATER OUAUTY FACILITIES PLAN O 24 gon 970p6 ENGINEERING DEPARTMENT FILE LOCATION: PROJECT NO. 02.644,118 (503)814-6842 lee: (503)641-9731 y 9. c ' i IR i fCIO VJ JI W rI ~ VJ I~ UI SQ G1 1 / .`x___1'1------ - - - - / TREF (8. ~AERA-nON DRANAGE I I 0 ' LS6 LS6 ION HA~ SL Ir~ 50 DATE I RENSDN (III I I LOCAOOW 2276 C.OWC rNMA ffEBE9fflfffl 0 I ♦ 1 w++ ♦ 44 - - - PLANT L ! I 1 LEGEND I TREES 4 NOTES: ~ I Ls6 IoaSDNG TRIES 1. All PIANIWC AREAS, SMALL BE IRRIGATED UTILIZING A FULLY MID REMAIN UNDlSRAZBED- TYPICAL . AUTOMATIC UNDERGROUND IRRIGATION SYSTEM. SEE SHEETS LSI. LS2 I 2 ALL PLANTING AREAS SMALL RECEIVE TOPSOIL, SOIL AMENDLIENTS, IOUERCUS RUEIRA AND MULCH PER SPECIFICATIONS I :I I RED OAK - 3' CAL, B&B. BRANCHED AT 6' 3. ALL PLANTS SHALL BE INSTALLED IN ACCORDANCE WITH PLANNING . DETAILS AND SPECIFICATIONS ULIAUS PARVIFOLIA ILACEBARK ELM - 2 1/2' CAL, B&B. BRANCHED AT 6' 4. DO NOT PLANT IN PUBUC UTIUIY EASNENTS (P.U.Q S. INSTALL ROOT BARRIER ALONG ALL SIDEWALK AND CURBS WITHIN 20' ` FAGUS SYLVAT)CA 'PURPUREA' OF TREE TRUNKS. SEE SPECIFICATIONS AND 8/LS6. (EUROPEAN BEECH - 2 1/2' CAL, B&B, BRANCHED AT 6' \ I CERCIS OCCIDENTAUS IWESTERN REDBUD - 2' CAL, B&B. BRANCHED AT 6' SHRUBS / GROUNDCOVER t5"\ LS6 LS6 I FRAGARLA CHIAENSIS 100A.ST STRAWBERRY - 4• POTS, 12` O.C. IMAHONIA AQUF0LA14 'COYPACTA' ICOMPACT OREGON GRAPE - 1 GAL CONT. - 3' O.C. IARCTOSTAPHYLLOS UVA-URSI I KINNIIONMCK - 1 GAL CONT. - 3' O.C. ICORNUS SERICEA 'KELSEYI' IDWARF REDTWIG DOGWOOD - i GAL CONT. - SPACE AS SHOWN I CORNUS SERICEA 'BAILEYI' REDTWIG DOGWOOD - 5 GAL CONT. - SPACE AS SHOWN IWATER QUALITY FACILITY (SIDE SLOPES) ISEE SPECIFICATIONS FOR.SEED MIX (WATER QUALITY FACILITY (BOTTOM) ISEE SPECIFICATIONS FOR FORB MIX I NATIVE FIEIDGRASS ISEE SPECIFICATIONS FOR SEED MIX KEY NOTES: O1 APPROXIMATE PIPING LAYOUT FOR AERATION/DRAINAGE SYSTEM. MAXIMUM 10' SPACING BETWEEN PIPE RUNS. VFM IN FACE OF ROCK WALL. SEE 7/LS6. 35' VISUAL CLEARANCE TRIANGLE 1 QUALRY FAi;IUTI' CM DRAWIVLS I 1 1 / / .1 I I I PLAN ScOle.' 1 OtJE•HALF ORIGINAL SCALE PLAN REDUCED TO NO. Yf By 1 1 DESQQD BY: B.IYr GISTE ~ A y(y~~~~ ORANN BY: 6M, A GreenWorkt. P.C. OCOCED BY; r.WOUaruu V 1 .:.a.. oATe 4-23-03 OREGON ' I. xR 2. A- &A. 100 i I SCALE: AS S"OwN 1 J "YPE AR~ 's--.k 4Naf72M CITY OF TIGARD 0012223612 CNONEERwC DEPARTMENT PROJECT NO. 102276.1 I 4 SHEET HALL BOULEVARD LS4 STREET & UTILITIES IMPROVEMENTS 22 PLANTING PLAN :'HALL BOULEVARD - NORTH OF 24 h 4 11,119 8 8 Y$ _ 0 31 N 0(•IJ'fY f A R/W I ~.2 7 ~ . - n K 1 0~ n ~ a a ~ I~ /IV 11 Y g 1 ~ F ~z IL~ ~ • I ~ o. yL usr rte.( ~P \ • All R :g 11 a o • uL 0 „-S ~ Cus~OUER W O ~ N b H J~ N ROL, 4 I r 1 I l + } 1 I b 1~ b i~j: j R oe* 1 IL CITY OF TIGARD EXISTING SITE CONDITIONS L/SRARY SITE 1 I yr< yep _ roe e.er ElPiint t?/Jt/OJ I 1 HAAS . Oanrra CYd< RECI5TERED DE PROFESSIONAL 1 Aj~M I r ssociates, Inc. VLND SURVEYOR 1 a 1 1 umu~Us+e E¢Sin«n a sumt°r< vNOrE: (yWl W-1~y0 I at/n/w I ,Lao[o nvas w OREGON Rt~rSID re'rtw"~0 -0m R ! Lr[tts tAx eet-ale 1 rw(!.v! f pAVEN E. CO/.IE REVISION S MJD \ 52735LS JN01 oATE 1 LCR ~ DESIGNED RWM ~ CNfCKEO oR(LwN 111 r 0 mM PZ 1L6S Ao t 'cc/ Z1 ) 311/ hW7 MM lain Ij zone '6Z ludY n ° rr w 31ra n MTrr 71xbn. N6MI"! I I i - Ir%/ nu• i~k R A ; I \ py` W M NM112U1T m _ _ O C O 0.V. IJ 1 aV7 J1 _ y 4 rsl xx low I N 1 i / PRIVATE DWI ` - .17x1W ML?M6M .W @4M A1'LNI-,}Yr/r(p• D1L~7M!'I _ S ACHY" ]w .1 / h1T! AaV11W 1Hf 'lKN YLaSN axnl A.U"- aAmf3 9 I I M loia umwrs ' - }illy lffiLf yy C .16"T'!'IT TI d8 TMl 'IS AY7W1.I lSlIXlday I / ' t; L O ~x N!IY.Y➢° SAW CrO IIMKY67 W Y'Jdf ~vau 1M XVUAW Mfld I / fi'Oll /q F O may I M O IIIY 7"Y l371 Q SanLY+ I 4 / M'1 CI) Z ® l I / _ * I - w -of m V1 m;vs aw ias an ea npv lsu h nov em+cmu ' I O 0 / rea i I (W rrrh 1! ANo ) 9tus aw)at h JIM I SYvmu I l / Tm+tJ~ l9 r 1 ( I/KJ q,7 air 36M!"aa mar 9' ziku AR xxrN17N~ I I RJ nYh fr ) bla! Am aAvw - J 1 / • Wl rl+ I I WWI AND MM AI mrA31l"_.-w-_ I •M..«x.rr• I ! , I ,bMU. r''- I jI avr!K/.1,) ! )71Q1 AM Aa191 ~ Mr rr• I ~ (SS rD'K/ ) ).7Y7/ 0.UV I 'I c LI00 f I I / i ' I MM rO1n ! 61aU1N d7'."1 -ay- I a01Yx-pr W I . rT -rr ,Ctr 1 I •`•l.U,,: / I l°9d lr n A16M ar1Sa7 -A - -.0.-.- <r-Of• ~ SlV) I M MWINOfS ArOOn. -MI -L q- - I \ 1 aAIII tlil JUdOAC 'r A0901 _ _ _a/ _ - - \ how A4 xxx av"r - b\ 1 _14• `sn U Ul t An xr&TM - - - -M- - - - P M raxtV c0 nf" Lor"A, 7N7 ~ ~ owul.- I sax eru{` ,:m rear , F ~ ~ uwu>sn cnesn o \ xsr 1 \ ~ ~ ( ~ ~ ~ 6el• / / ~ / / ~r / x ' I M III _ / xy ; AM pv ca'-Wu IJA )AM nrxr µ " /A/W°r Av -SV S 11 •aa p M!`~ y 1 •y~ I I I ^ I Ilk, 7ZYM xb s rr "1 ~~n •Mrrl • , ~ 11Mi a MxlrllJN !o llff. S r I~ YJ ~ • ~ _ .vaU+lN .i °J rl • 1.°! I I .0 m a wzir I p N f4 9 " i .r ® d ,r•, d1v>r .rr .xlo.rt slzL%i.°! xw or t ~ c N , xsr.ir • xs l ~ .rr ti/r • a+/.;r yi= pN4 1 ~w>r.sA "do"Jllf'.n \ \ • \ 4 an>. or dw . I er (Al) • "m .01 -V 37 1~91 axwr.n~-rr • 1 r at ~x' / I I r A AMW n • z 4 xs.i~ Adrn",l) \ i \ I / oo aua auf(v Woons PC \ 1 / , W311T Jfl\ xIr',Ot• •n'aOxlMm,i 1 - i; AdY1Ar=~ , I I I i I xs..di I s r• U 111' I (YJ "Voi j! ) 7bYn,Or hr M ) fll/~/l /1 / bw.r 1brr.tr • nn t: ,,,,..7 ~ MM r"!n < x5r. l7TST A}TI) .lln . - \ / .1 •l N p M71 ' ~ 1 I •x it / / / / ~ ~ I N - AOT _ _ \ ~ I \ Mars ,'r ~~A &MV ^I PrIc, AI "W1 wvp' 1!) 717 XIvw \ \ 1~ II\ / ( I "xs a turn T1aw a"a" AOS _ : i I )nx• 1tAVts TOTJ Ah Bradlejr Kilhy - App 30482 From: GOODRIDGE Jennifer <jennifer.goodridge@dsl.state.or.us> To: vannie@ci.tigard.or.us<vannie@ci.tigard.or.us> Date: 10/1/03 4:46PM Subject: App 30482 Vannie DSL file# App 30482 authorizes both activities outlined in the application: the culvert extension and the bioswale outfall to Fanno Creek. Despite the fact that the letter only refers to the culvert extension, the letter also states that this permit authorizes all activities described within the permit application. Therefore, App 30482 authorizes a culvert extension under Hall Blvd. and the bioswale outfall into Fanno Creek. Please forward this email for clarification to the planning staff at the City of Tigard. Let me know if you have other questions. Thanks- Jennifer Goodridge Natural Resource Coordinator Division of State Lands 775 Summer St NE Suite 100 Salem, OR 97302 Ph (503) 378-3805 ext. 233 Fax (503) 378-4844 http://www.oregonstatelands.us/ . ge.1 • .E F: ~o )regon rase ' Theodore R. Kulongoski, Governor June 11, 2003 CM02/30482 CITY OF TIGARD ATTN: VANNIE NGUYEN 13125 SW HALL BLVD TIGARD OR 97223 • JUN .1 ~3 -J 2003 C'. , IUARD IIGI~~ J1d vX 4'- :rte Division of State Lands 775 Summer Street NE, Suite 100 Salem, OR 97301-1279 (503) 378-3805 FAX (503) 378-4844 www.oregonstatelands.us. State Land Board Theodore R. Kulongoski Governor Bill Bradbury Secretary of State RE: General Authorization for Transportation-Related Structures DSL Application Number 30482-GA Randall Edwards State Treasurer T02S, R02E, Section 1 D Tax Lots 300 & 600, City of Tigard, Washington County Dear Ms. Nguyen: On May 19, 2003, we received your complete application to extend a culvert on Pinebrook Creek, a tributary of Fanno Creek, for the widening of Hall Boulevard. Based on our review of your application, and comments provided by interested resource agencies, we hereby authorize the project, subject to the conditions outlined in OAR 141-089-0190 (enclosed) and to the following additional conditions: 1. Fill and removal activities in Pinebrook Creek shall be conducted between June 1 and September 30, unless otherwise coordinated with ODFW and approved in writing by ODSL. This authorization permits only the work described in the application. Please notify this office when the work is complete. If additional work needs to be done in the future, a new application must be submitted. This authorization expires January 1, 2006. Please be aware that this authorization is not a land use approval. You must also receive authorization, when required, from the local planning department and the U.S. Army Corps of Engineers before beginning construction. If you have any questions regarding this authorization or its conditions, please contact Colin MacLaren at extension 244. Sincerely, Lori Warner Manager Field Operations - Western/Eastern Region CM:cw Enclosure c: Kathryn Harris, Corps of Engineers Todd Alsbury, ODFW JAAttachmentAwestLAS\GA General Authorizations\30482-GA Road.doc • Genera Authorization for Certain Transportation-Re ated Structures Terms used within the General Authorization are defined in OAR 141-085-0010 General Authorization for Certain Transportation-Related Structures 141-089-0170 Purpose and Applicability (1) This rule sets forth conditions under which a person may, without obtaining an individual removal-fill permit, may place or remove material from waters of the state (as described in OAR 141-085-0016), except within estuaries and the Pacific Ocean, for certain transportation-related structures including roads, railroads, culverts, bridges, bicycle lanes trails. (2) A letter of authorization from the Agency is required prior to any person commencing an activity authorized by this general authorization. The term and conditions of issuance shall be stated in the letter of authorization. The term shall not exceed the expiration date of this general authorization. A letter of authorization is transferable to another person in accordance with OAR 141-085-0034. (3) This general authorization is made pursuant to ORS 196.850 and is based upon the determination that the authorized activities are similar in nature and when conducted in accordance with this general authorization rule will not result in long term harm to water resources of the state, and will cause only minimal individual and cumulative environmental impacts. (4) This general authorization does not apply to activities or waters exempt from the removal-fill law as described in OAR 141-085-0015 and OAR 141-085-0020. (5) Other structures, uses or activities included in any application for this general authorization that are subject to another general authorization under OAR 141-089 or individual permit under OAR 141-085 will not be authorized or covered by this general authorization. An application encompassing multiple activities must obtain an individual removal-fill permit under OAR 141-085. (6) Unless otherwise specified, the terms used in this general authorization are defined in OAR 141-085-0010. (7) Activities and/or projects, which qualify for this general authorization, are exempt from removal-fill permit fees as described in OAR 141-085-0064. (8) In the event a dispute arises as to the applicability of this general authorization to any project application, the Agency shall make the final determination. The Agency shall rely upon the applicant's project application and supporting documentation for its decision. Stat. Auth.: ORS 196.850 Slats. Implemented: ORS 196.800- 196.990; ORS 390.805- 390.925 Hist.: DSL 6-2002, f. 11-25-02 cert. ef. 1-15-03 OAR 141-089-0175 Eligibility Requirements; Ineligible Projects (1) In order to issue a letter of authorization the Agency shall determine that the project is eligible and meets the applicable Mandatory Requirements as described in this rule. To be eligible a project must: (a) Be for the following purposes: (A) Widening shoulder for new roadside embankment, curbs, trails, sidewalks and rail crossings; (B) Widening road for additional passing lanes, turn lanes and refuges and travel lanes; (C) Widening, realigning or removing existing railroad beds; (D) Widening, realigning or removing existing roads; (E) Widening, realigning or removing existing bridges or similar structures; (F) Widening, realigning or removing existing bicycle, pedestrian or other lanes or trails; (G) Constructing new bicycle, pedestrian or other lanes or trails; (H) Replacement of culverts or similar water conveyance structures along roads and trails that extend beyond the existing road prism; (1) Construction of new culverts; (J) Extension of existing culverts beyond the existing road prism; (K) Streambank stabilization associated with projects listed in (A) through (J); and (L) Hydraulic scour protection associated with bridges and similar structures including but not limited to: construction of a new trench and stone embankment; construction of new bridge footings; placing new riprap to stabilize a transportation structure foundation. (b) Be for no more than a total of five thousand (5000) cubic yards of material filled, removed, or altered in waters of the state for a single and complete project. (c) Be for streambank stabilization associated with a transportation-related project as listed above, with no more than one thousand (1,000) cubic yards of material placed in a one-quarter mile reach of waters of the state for a single project or two thousand (2,000) cubic yards for multiple-related projects within a subbasin. (d) Involve fill in wetlands of 0.5 acres or less for projects as described above in (a). (e) Be for test holes, borings and similar activities associated with planning and design of transportation structures. (2) A project is not eligible for this general authorization if: (a) The project is not a transportation-related structure as described above; (b) The project fails to meet any of the requirements of (1) above or the mandatory requirements; (c) The project is located within an estuary or the Pacific Ocean. (d) The project involves stream channel relocation, other than temporary diversions approved by the Agency. (e) The project includes any structure, use or activity subject to another general authorization under OAR 141-089 or individual removal-fill permit under OAR 141- 085. Stat. Auth.: ORS 196.850 Slats. Implemented: ORS 196.800- 196.990; ORS 390.805- 390.925 Hist.: DSL 6-2002, f. 11-25-02 cert. ef. 1-15-03 OAR 141-089-0180 Mandatory Requirements The Agency shall review each application to ensure that a project complies with the following mandatory standards: (1) If the project is within a State Scenic Waterway, a scenic waterway removal-fill permit must have been obtained from the Agency in accordance with OAR 141-100; and (2) A compensatory mitigation plan or compensatory wetland mitigation plan is required pursuant to OAR 141-085 to mitigate for any reasonably expected adverse impacts to water resources of the state or navigation, fishing and public recreation uses. Applicants for projects involving wetland impacts to areas less than 0.2 acres may use indirect compensatory wetland mitigation. Stat. Auth.: ORS 196.850 Stats. Implemented: ORS 196.800- 196.990; ORS 390.805- 390.925 Hist.: DSL 6-2002, f. 11-25-02 cert. ef. 1-15-03 OAR 141-089-0185 Application Requirements; Public Notice; Review Process (1) An application for a general authorization under this rule shall be submitted on an application form available from the Agency. A complete application is one that contains all the information required in the application packet provided by the Agency including: A wetland delineation or determination approved in advance of the application by the Agency. .(2) Within five (5) calendar days of receipt of the application, the Agency shall provide notice of the application to the local planning department, the local Soil and Water Conservation District, Department of Land Conservation and Development (if the project is in the coastal zone), affected Tribal government, State Historic Preservation Office, Oregon Department of Environmental Quality, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service and National Marine Fisheries Service. If the project is on a federally designated Wild and Scenic River, the Agency shall provide notice to the appropriate U.S. Forest Service or Bureau of Land Management office. (3) The Agency shall consider comments received within twenty-one (21) calendar days of the notice date. In the event a party fails to comment within the twenty-one (21) calendar day period, the Agency shall assume the party has no objection to the application. (4) The Agency may waive or shorten the review period described in (3) above upon a showing by the applicant in the application that the interested parties listed in (2) have previously reviewed and approved the project. (5) The Agency shall notify the applicant within twenty-one (21) calendar days of receipt of the application if the application is incomplete; otherwise the application will be considered complete. If the application is deemed incomplete, the Agency shall notify the applicant, return the application and identify the missing, inaccurate or insufficient information. (6) Following the twenty-one (21) day comment period set forth in (5) and not more than forty (40) calendar days from the receipt of a completed application, the Agency will determine if the project meets the eligibility requirements set out in this general authorization and do one of the following: (a) Approve the application and issue a letter of authorization to the applicant; (b) Approve the application and issue a letter of authorization, with project specific conditions, to the applicant; or (c) Deny the application and notify the applicant. If the Agency determines that the proposed project is ineligible or otherwise does not qualify for the general authorization the applicant may submit the project for processing and review as an application for an individual removal-fill permit, as provided in OAR 141-085. (7) The Agency may require an individual removal-fill permit for projects that would otherwise be authorized by this general authorization, if the Agency determines that the activity might cause more than minimal individual or cumulative environmental impacts or might result in long-term harm to the water resources of the state. The Agency may also require an individual removal-fill permit if requested to do so by the Oregon Department of Fish and Wildlife, the Oregon Department of Environmental Quality or the affected local land use planning department. Stat. Auth.: ORS 196.850 Slats. Implemented: ORS 196.800- 196.990; ORS 390.805- 390.925 Hist.: DSL 6-2002, f. 11-25-02 cert. ef. 1-15-03 OAR 141-089-0190 Conditions of Issuance of General Authorization All holders of a letter of authorization (authorization holder) shall adhere to the conditions of the general authorization. (1) The authorization holder shall conduct all work in compliance with the comprehensive plan, zoning requirements or other local, state, or federal regulations pertaining to the project. Local land use planning department approval shall be obtained if the project is located within a Federal Emergency Management Agency designated floodway. All other necessary approvals and permits shall be obtained before commencing with the authorized project. All necessary approvals and permits shall be obtained before commencing the project under this general authorization. (2) The authorization holder shall obtain all necessary access permits or rights-of-way prior to entering lands owned by another for the purposes of completing a project authorized under this general authorization. (3) The authorization holder shall conduct the activity during the time period recommended by the Oregon Department of Fish and Wildlife, unless after consultation with ODFW, a waiver is granted by Agency for a longer or alternative time period. (4) The authorization holder shall ensure that the activity will not interfere with fish passage, as required by the Oregon Department of Fish and Wildlife. (5) When listed species are present, the authorization holder shall comply with the state and Federal Endangered Species Acts. If previously, unknown listed species are encountered during the project, the authorization holder shall contact the Agency as soon as possible. (6) The authorization holder shall not disturb or destroy known archeological sites unless authorized under a permit issued by the State Historic Preservation Office. When previously unknown occurrences of. archeological sites are discovered during construction, the authorization holder shall immediately cease work at the discovery site and contact the Agency. (7) The authorization holder shall ensure that the authorized work does not unreasonably interfere with or create a hazard to recreational navigation. (8) The authorization holder shall ensure that woody vegetation removal is limited to the minimum amount needed to complete the project including construction access and keying in of structures. (9) The authorization holder shall ensure that areas disturbed in the course of completing the authorized work are revegetated with the same mix of native herbs, shrubs and/or trees in approximately the same numeric proportion as were removed from the site, unless otherwise approved by the Agency, except that grass seed mixes of exotics certified free of noxious weeds that will hold the soil and not persist are permitted. (10) The authorization holder shall ensure that no petroleum products, chemicals or deleterious materials are allowed to enter the waters of the state. (11) The authorization holder shall assure that the work will not cause turbidity of affected waters to exceed 10% of natural background turbidity 100 feet downstream of the fill point. For projects proposed in areas with no discernible gradient break (gradient <2%), monitoring shall take place at 4 hour intervals and the turbidity standard may be exceeded for a maximum of one monitoring interval per 24 hour work period provided all practicable control measures have been implemented. This standard applies only to coastal lowlands and floodplains, valley bottoms and other low-lying and/or relatively flat land. For projects in hilly or mountainous areas, the turbidity standard can only be exceeded for a maximum of 2 hours (limited duration) provided all practicable erosion control measures have been implemented. These projects will also be subject to additional reporting requirements. Turbidity shall be monitored during active in-water work periods. Monitoring points shall be 100 feet upstream from the fill point at an undisturbed site (background), 100 feet downstream, from the fill point and at the point of fill. A turbidimeter is recommended, however, visual gauging is acceptable. Turbidity that is visible over background is considered an exceedance of the standard. The authorization holder shall implement, as appropriate, all practicable erosion control measures including the following: (a) Prevent all construction materials and debris from entering waterway; (b) Use filter bags, sediment fences, sediment traps or catch basins, silt curtains, leave strips or berms, or other measures sufficient to prevent movement of soil; (c) Use impervious materials to cover stockpiles when unattended or during rain event; and (d) Erosion control measures shall be inspected and maintained periodically to ensure their continued effectiveness. (12) The authorization holder shall ensure that all structures are constructed using equipment operating outside the waterway or wetland unless otherwise approved by the Agency as a part of the project plan. (13) The authorization holder shall ensure that nonstructural approaches to bank stabilization such as slope pull-back, willow mats, rock barbs, revegetation with locaiized native plant species, log and boulder deflectors, are utilized unless otherwise approved by Agency. Where, riprap and/or other structural techniques are unavoidable, they shall be used in combination with nonstructural approaches. Where riprap is used, the toe material shall be placed in an irregular pattern using large boulders or rock clusters. Only clean, durable rock shall be used as riprap. No concrete or asphalt shall be used. (14) In the case of road removal, the authorization holder shall ensure that all affected stream and bank areas are restored to their approximate original contour. (15) The authorization holder shall keep a copy of the letter of authorization available at the work site whenever the activity is being conducted. (16) Employees of the Agency and all duly authorized representatives shall be permitted access to the project area at all reasonable times for the purpose of inspecting work performed under this authorization. (17) The Agency makes no representation regarding the quality or adequacy of the project design, materials, construction, or maintenance, except to approve the project's design and materials as satisfying the resource protection, scenic, safety, recreation, and public access requirements of ORS Chapters 196 and related administrative rules. (18) The State of Oregon, and its officers, agents, and employees shall be held harmless 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. (19) The Agency may add other project-specific conditions to the letter of authorization as necessary to meet the requirements of the general authorization. Such additional conditions may be needed to ensure that the project will cause only minimal individual and cumulative environmental impacts and will not result in long term harm to water resources of the state. (20) The Agency may, at any time, by notice to affected authorization holders revoke or modify any letter of authorization granted under this general authorization if it determines the conditions of the general authorization are insufficient to minimize individual or cumulative environmental impacts. (21) The authorization holder is responsible for the activities of all contractors or other operators involved in project work covered by the letter of authorization. Stat. Auth.: ORS 196.850 Stats. Implemented: ORS 196.800- 196.990; ORS 390.805- 390.925 Hist.: OSL 6-2002, f. 11-25-02 cert. ef. 1-15-03 OAR 141-089-0195 Violation of General Authorization; Enforcement Violations of the terms and conditions of any general authorization are subject to administrative and/or legal action which may result in revocation of the authorization. The authorization holder is responsible for the activities of all contractors or other operators involved in work done at the site or under the authorization. Stat. Auth.: ORS 196.850 Stats. Implemented: ORS 196.800-196.990; ORS 390.805- 390.925 Hist.: DSL 6-2002, f. 11-25-02 cert. ef. 1-15-03 OAR 141-089-0200 Appeals; Expiration; Review of General Authorization (1) A person whose application for the general authorization is determined by the Agency to be ineligible or otherwise not qualified for this general authorization may obtain an informal review of the Agency's decision through the alternative dispute resolution process resolution process described in OAR 141-085-0075. However, this is only opportunity to review the Agency's decision and does not give the person a right to a contested case hearing. (2) This general authorization shall be reviewed by the Agency on or before January 1, 2006, at which time it shall be modified, reissued or rescinded. The review will include public notice and opportunity for public informational hearing.. Stat. Auth.: ORS 196.850 Stats. Implemented: ORS 196.800-196.990; ORS 390.805- 390.925 Hist.: DSL 6-2002, f. 11-25-02 cert. ef. 1-15-03 MEMORANDUM TO: Brad Kilby FROM: Greg Berry9o SUBJECT: SLR 2003-9 for water outfall within the Fanno Creek Floodway for Hall Blvd. improvements DATE: August 20, 2003 Attached is the Corps permit that should have been attached to the August 20th memo. REPLY TO ATTENTION OF: Operations Division Regulatory Branch Corps No.: 200300241 Ms. Vannie T. Nguyen City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Dear Ms. Nguyen: is DEPARTMENT OF THE ARMY PORTLAND DISTRICT, CORPS OF ENGINEERS POST OFFICE BOX 2946 PORTLAND, OREGON 97208-2946 July 22, 2003 ~F~~'? ill t;t ► t V r ( li'A The U.S. Army Corps of Engineers (Corps) has received your permit application requesting Department of the Army (DA) authorization to install a sanitary sewer line and stormwater outfall in wetlands adjacent to Pinebrook Creek; extend a culvert on Pinebrook Creek; and install a geotechnical fabric on the bank of Fanno Creek, as shown in the enclosed drawings (Enclosure 1). The project is located east of SW Hall Boulevard, in Section 1 of Township 2 South, Range 1 West, Tigard, Washington County, Oregon. Your project involves work at three different locations within the project site as described below: Site 1. Installation of a sanitary sewer line and stormwater outfall riprap pad, as shown on Figures 3-6. The trench for the sanitary sewer line will impact 87 linear feet of wetland. The trench will be 2 feet wide with a construction easement of 40 feet. Installation of a stormwater outfall will involve placement of a 10-foot by 104oot riprap pad with a construction easement of 40 feet. Total temporary impacts will affect 0.11 acre of wetland. Total permanent impacts will affect 0.002 acre of wetland. Except for the riprap pad, all impacted areas will be returned to pre-construction contours and planted with native vegetation. Site 2. Addition of a turn lane on SW Hall Boulevard will require the extension of an existing 24-inch-diameter culvert, as shown on Figures 12-14 of Enclosure 1. An existing 62- foot-long, 18-inch-diameter culvert that is currently outside of the existing road prism will be removed and replaced with a 51-foot-long, 24-inch-diameter culvert. Approximately 15 feet of channel will be graded and restored to an open channel. Site 3. Placement of 22 linear feet of geotechnical fabric from the top of bank to the toe of the bank of Fanno Creek, as shown on Figures 15 and 16 of Enclosure 1. A 20-foot-long header with ten 6-inch-diameter pipes will disperse water from the stormwater bioswale located -2- approximately 100 feet from the top of bank. The geotechnical blanket is needed to ensure adequate armoring of the bank for discharge events. Blackberries will be removed from the bank, the geotechnical material placed, and native herbaceous seed mix and willow stakes planted on the blanket. Since this portion of the project does not involve a discharge of fill material in wetlands or below the line of ordinary high water, a separate DA permit is not required. This letter verifies that your project is authorized under the terms and limitations of Nationwide Permit Nos. 12 (utility line activities), 14 (linear transportation projects), and 43 (stormwater management facilities). Your activities must be conducted in accordance with the conditions found in the Regional Conditions (Enclosure 2), General Conditions (Enclosure 3), and the following project specific conditions: a. Clay plugs shall be installed at both ends of the trench within the wetland boundaries to ensure that the wetland hydrology is not altered by installation of the sanitary sewer line. b. To compensate for temporary and permanent impacts, you shall complete the restoration work as shown on Figures 7-11 of Enclosure l and detailed in the Mitigation Special Conditions (Enclosure 4). The Oregon Department of Environmental Quality has provided their Section 401 water quality certification (WQC) for Nationwide Permit Nos. 12 and 14. The WQC contains conditions (Enclosure 5) that you must comply with as part of your Department of the Army authorization. Water quality certification has not been issued for Nationwide Permit No. 43. Therefore, authorization for construction of the stormwater outfall in the wetland adjacent to Pinebrook Creek will not become valid until certification is issued. By copy of this letter, we are notifying DEQ of your proposed work and thus requesting their certification. The certification will be considered by Mr. Tom Melville, Oregon Department of Environmental Quality, 811 SW Sixth Avenue, Portland Oregon, 97204-5694. When water quality certification has been issued, you must provide this office a copy, along with the conditions of their certification. The conditions of the 401 certification are conditions of this authorization. Your activities must be conducted in accordance with those conditions as well as those conditions enclosed with this letter. Your failure to ensure compliance with any of the listed conditions could result in the Corps initiating an enforcement action. We also direct your attention to Regional Condition 1, (Enclosure 2), that requires the transfer of this permit if the property is sold and General Condition 14 that requires you to submit a signed certificate when the work is completed. A "Compliance Certification" is provided (Enclosures 6). -3- Failure to comply with any of the listed conditions could result in the Corps initiating an enforcement action. This authorization does not obviate the need to obtain other permits where required. Permits, such as those required from the Oregon Division of State Lands (ODSL) under Oregon's Removal /Fill Law, must also be obtained before work begins. This verification is valid for a period of 2 years from the date of this letter unless the nationwide permit expires, is modified, reissued, or revoked prior to that date. All the nationwide permits are scheduled to be modified, reissued or revoked in March 2007. 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. If you have any questions regarding this nationwide permit verification, please contact Ms. Kathryn L. Harris at the letterhead address or telephone (503) 808-4387. ,StrJcerely, i l Enclosures Copy Furnished: Wrence C. vans ief, Regulatory Branch Oregon Division of State Lands (Colin MacLaren - DSL No: 30238-RF) Oregon Department of Environmental Quality (Melville) FCC-III )U pt, v ' 001-s1°~S4n I - - - - _ - - is 'V.~• 66 - - ~ i - - - zp, rte: _ ••a :Gc'.9r A:cii4clcre a..~i:.l : M.`~C-0 Sl: iLJ C:~C:. ~'+~)`.+Ce-9912 !ec (,509;9u-S^2• Il k FCJ ~T.1 - A'P D- ? ✓I1 I 0 1 \ ~ ~ r:•-rni~i IN/ i •M1`T• , 1 l:~ h (II 1 r a :t:'t •;lIJ;,YJ• \i III ~ 1 e - 7: v -Ha J f: 7Y d \ ! 1 I JIB - _`a•. off. 0 i c WMW R KURAHASHI w ssocvsce.w(Nc. G 144-4 7---y- , ~ j".L. 'i'ce .r-.. ~1 , ~ ~ 7 -7 Q DD c~ G b o ;o 0 b ~ Q SCALE: N.T.S. 0(6091 -za'unjaa04" ~a>~ La f O,z ' 8u!uua!d ~a1¢y, iuuaac•. ~ , s»annsaa O~s~. cf. (~U~'~u~` gut saitlt~ ISSAAS o UGp a c~,~~o CN f s Y PjNONR08 / i r, i t Gg '80 s", /no ot4 133M vi 9 Nl 'g, .,fly 00,9 y. I sPIGcs 5:1 GRADir S ~6,LCS~ a= l' t 1 c:siATION NO TREES (sr~ JX PR6P S D . l ✓l ~y TOR ti . c ss STORM' OUTFACE CROP SEQ~ INTO BUFFER AND \ 1 SA- NI. T y ) WETLAND - ~ ~ ~ - WETLAND BOUNDARY 1 r ~ I Berl to 2OCS% - - - - !iS ~t TO awd UbTa y 3-CALE KURAHASH be I Tomp omy and °~omanona \ Wla,, nld gmpa cR ASSOCIATES, INC. Cn9 EagineerinE M'sler P.exources SYUEEu Laodsce pe trchilecture Plennin~ [mironmenlal Surveying , ,•7 r~, 1-160 Sw J-1 Street. Suite 200 J,JJ 0 ~ ~eac r. ton, 0:cten 97006 ~5C)64:-664: lxx' (503)6;:-9731 ' (.-41.`.I I IGtI: F. LLTD. unified s+HWef21g9 agortcY FIMO LO<- OR EQUAL CA-ScE-TS ' 9' MEGALUG RETAINE GLANO (EDAA IRON) "-CONCRETE PIER 0' GAPE VALK BLOCX FLC, • MAL SIDEWALK WITH PLANTER s'rtG TEE STRIP AT CURB S wAI.)( J' AW. -MAX. BREAK RANGE .l F L. NOTE; f 1. HYDRANTS TO DE MODERN MUFIIER CEIRTMOi, A-uy,(OR AP" EWAL) 6' ul 5 1/4' WO 3 PORT - Two 1 1/7 PENTAGON OPERATION NUT. OPEN LEFT WTH THE FOL.LUMM&L A. OIL RESEAH. STCRZ ADAPTERx~ 8. on E4tONZE AMA TOrI NUT Al C- MONZE SEAT RWC 0. V.EATHER 'aiGD CAP L SAFETY SLEEVE COUPUNG r. T{RE^0 b HOMES WITH '0' RDLGS G. NATIONAL STANDARD THREADS Z SAFETY CHAINS TO DE REILOVED. a HYDRANTS 70 Be PAINTED USM 8-1317 SVTTY YELLOW OR AN ALTERMATE APPROvt•D BY DISTRICT FIRE MARSHALL HYDRANT 10 Be INSTALLED TRUE AND PLUMB. 5. NO OBSTRUCTIONS VATHRI S- 0- RADIUS OF MIGRANT. 6. Jr SUB.6CT TO VEHICLE DAMACED, PROTECTIVE POST TO BE PROVIDED. 7. VALVE BOX TO BE IN ACCORDANCE VATH STANDARD DRAWWO NO. 503 OR AS APPROVED BY ENGIN133L B. THRUST SLOCK6 SHALL NOT BE PLACED AT HYDRANT LOCATIONS A.Oa• M so WZ" FM MPANT MI. In ■ rt w ASSFa1BLY IG ra.~o . ~ ca 542 0 CASI 11" .IZ POIo Box TU so STEEL PUIE -1WT AID STM ROD NNE UARD 1/4' S?L MATX T VIC O1•NEA72 h WITH To GATT u0.04,- r i1 T COLLAR Wn m) R K PVC PPE a11Q~o p u BIND o aFDONO P~tl ate. S 0 P P O fkl ~O • s I^ / A' W1L FOR PIPE EmAUM THAN rft= KU9 laO.D. PLUS a' YIN. FOR RPe la' AND LARGER CLASS "B" CLASS "A" ZWAOC RLSTOMTIOW WOUND NAT'VC Dd r As s>'EOFITn wa he-04 70 / PoR sci TL>ywr -vNOSTVIeocn - +r-, EiVrrH ~....~ACIE9 ^NATYE EARTH 3/•' - O OnW40D r.TOC+At~ AOOhj ROD.,.. 1/2 PIPE O.O. /+c m,E r PCLS e' MQ TRENCH BACKFILL ION 505 DETAILS )RAVAUG_190-2,80 unif led serrera e' UfA Q Dese 11 J' ML-re-R vi Dt'7A ya (trovtsnc sr Puwlm TTL LATMAL ..v `I DTFA ATTING SIZE ow rm + e 0 72 14 .DD+E BrAmc Ate' ALLOWABLE SOIL GC COwun Br^AINC STESSM WE TIC I .r."" AR/S (~C NOT' ~IRI.DOIE BLCr SEE DETAIL P.J. 2 WkCRIM TWI 3. ,IDW CCNCRCYT A. TKE REQUIRED A+O,CID a. AREA REOUIII;T 5, F NOT DID" o(DbCAgD ABC SKCtt.L PRO-.. 6, OLARINC AREA-1 PRMMOKX V, TYS STANDAR_ TTSL DIY w 7mm 0 DISTURBED AREA To BE REVEGITAT ED TOP OF BER, INLET -i I I=1 I !=1 { I =1 .=1 I t-1 I I-1 I I-1 I I. \'-IE=139.75 31` EXISTING GROUND 12" PVC RAP y 2' O.C., TYP. \ CREEK IE=138.00-' Stormwater Outf all Cross Section WETLAND AREA --6" OF RIP RAP OVER PIPE LIVE STAKE PLANTING 2' 0. C., TYP. 10' X 10' CLASS 50 RIP RAP y ~y I ORIGINAL GROUND l , l L-1,00 NOTE: 12" PVC PLANT CORNUS SERICEA ~ Nib KURAHASHI do ASSOCIATES. INC. CM1 Cagla A.C • T.La Pour L-ds " ArcWLed- . Planate= Enrlrom tat . Su-ytat 15580 ST !aJ SLr.et. suite 200 8sa.ert-. (x-c- 77006 (503)844-6P.42 Est (503)64{-VM (REDTWIG DOGWOOD) AT IE=138.00 2' 0. C. TYP. ON RIP RAP OUTFACE S4ore~water Out4al1 Detail SCALE Stormwater Outf all - Wall Street Pond H.T.S. SST G~~uch12,20 3 Fib. WEO +ND AREH 6" OF RIP RAP OVER PIPE ' 10' X 10' CLASS 50 RIP LIVE STAKE PLANTING U 1 '....:::.....,I .i , KURAI i'• T ' , LEGEND J ? ROOT WAD-(4 10 1 Al T'RIl3UTARY ' . L"ll CREEK % .I i (3) SAS( furl 0) SCMI \`ll~ Iu'- S l j • (450) SCMI qu-' ALRU it (3 ALRU " V TYP' r ROOT. A • 4r ~ D.L.TCH W/ SASL \ SEEPAGE FLOW 6"0'0) CAOB WETLAND BOUNDARY WETLAND RESTORATION GENERAL. N0•TE: ` 1.., SEE „FIGURE 2 FOR AREA - 7800 SO. T. PLANTING LEGEND AND NU7ES ~ ( f - 2. SEE FIGURE 3 FOR ROOTWAD DETAIL. U 10' 20' 40' - SCALE: NOF? TI-I PLANTING LEGEND PLANTING LEGEND BEES ABBR. I OTY. I SYMBOL I BOTANICAL /COMMON NAME I SIZE I CONDITION RS FUND r.QV~ I ABBR. I QTY. R ISYMBOLI BOTANICAL /COMMON NAME I SIZE/SPACING I CONOIRON ALRU 8 O Alnua rubra / Red Nder 4'-6' B&B CAOB 1290 ® Carex obnuplo j Slough Sedge 12' O.C. CLUMPS CRDO 5 ® •Cralaequa douglasit / Douglas Hawthorn 4'-6' B&B JUEF 750 Juncue e((usue / Solt Rush 12' O.C. CLUMPS FRLA 3 O Froxinus soli(olio / Oregon Ash 4'-6' B&B SCMt 1290 ® Scirpus microcarpus/ Small-fruited Bulrush 12" O.C. ' " TUBERS TECR 750 Tetlima gronditlora Fringe Cup 4 . 12 O.C. POT OUGA 7 G ~uvrcue gorTyano Carry Oak 4'-6' B&B SASI A51 10 @ ® ,Sallx aitcheneis / Silka willow 4'-6' B&B SHRUB I ABOR. I OTY. ISYMBOLI BOTANICAL /COMMON NAME I SIZE/SPACING I CONDITION LIVE STAKES I ABBR. I QTY. I MOOL 1 BOTANICAL /COMMON NAME I APPLICATION RATE I CONDITION COSE 986 Q Cornus sericea / Redoaier Dogwood 2 CAL., 42' O.C. CONTAINER COSE 200 Comus sericeo / Redosier Dogwood 2' O.C. LIVE STARE H001 26 m Holodiscus discolor/ Oceon-Sproy 2 CAL, 60- O.C. CONTAINER MIN. 2 LENGTH ROPI 36 Q Roso pisocarpo / Clustered Rose ' 2 CAL. 42' O.C. CONTNNER SACE 33 ® Sambucus cerulea / Blue Elderberry 2 CAL.. 60. O.C. CONTAINER NOTES I. 2. 3. 4. 5. 6. CONTRACTOR SHALL VERIFY ALL QUANTITIES, MEASUREMENTS AND SITE CONDITIONS THE CONTRACTOR WILL STAKE, OR FLAG, PROPOSED PLANT BED AND TREE LOCATIONS. THE CORNERS OF ALL SHRUB AND GROUND COVER BEDS SHALL BE STAKED TO ALLOW FOR REVIEW BY THE OWNER'S REPRESENTATIVE. A PRE-PLANTING MEETING WILL BE HELD. CONTACT OWNER'S REPRESENTATIVE AT LEAST TWO WEEKS PRIOR TO THIS MEETING. SUBMIT TO OWNER'S REPRESENTATIVE WITH NURSERY 'SHIPPING UST' TO VERIFY PROPER SPECIES AND QUANTITIES. PROVIDE ONLY SOUND, HEALTHY. VIGOROUS PLANTS, FREE OF DEFECTS, DISEASES AND ALL FORMS OF INFESTATION. SAMPLES OF PLANT TABS, COMPOST, AND SEED MUST BE SUBMITTED DY THE CONTRACTOR FOR REVIEW AND APPROVAL BY OWNER'S REPRESENTATIVE. NO PLANTING WILL BE PERFORMED BEFORE THIS MEETING. OWNER'S REPRESENTATIVE MAY MAKE ADJUSTMENTS TO PLANT LOCATIONS AT THIS TIME. PLANTING PERIOD IS WEATHER DEPENDENT AND PLANTING SEQUENCE SHALL BE ADJUSTED ACCORO(NG TO SOIL MOISTURE. ALL TREE, SHRUB, AND GROUNDCOVER PLANTINGS SHALL BE COMPLETE BY THE THIRTY FIRST OF OCT08ER AND ALL GRASS SEEDING SHALL BE COMPLETE DY THE FIFTEENTH OF OCTOBER UNLESS PLANTING PERIOD IS EXTENDED BY OWNER'S REPRESENTATIVE AS A RESULT OF CONTINUING MILD WEATHER. KEEP PLANTS MOIST AND SHADED UNTIL INSTALLATION. DO NOT LEAVE THEM IN THE SUN OR LET THEM DRY OUT. WATER PLANTING AREAS AFTER PLANT INSTALLATION. DIG, PACK, TRANSPORT AND tMOLE ALL PLANTS WITH CARE TO ENSURE PROTECTION FROM INJURY. STORE PLANTS IN THE MANNER NECESSARY TO ACCOMMODATE THEIR HORTICULTURAL REQUIREMENTS. HEEL-IN PLANTS IF NECESSARY TO PROTECT ROOT BALLS AND KEEP THEM FROM DRYING OUT. 7. USE BARK MULCH TO A DEPTH OF 2' UNDER NEWLY PLANTED TREES AND SHRUBS. 8. ALL PLANTS, MATERIALS, PLANTING AND SEEDING ACTlVTTTES SHALL CONFORM TO NORMAL LANDSCAPE INDUSTRY STANDARDS. INFERIOR PLAriTS OR SEED WILL BE REJECTED. 9. CONTRACTOR SHALL CONTROL BLACKBERRIES, THISTLE, TEASEL. PURPLE LOOSESTRiFE, SCOTCH BROOM AND REED CANARYGRASS WHICH MAY DEVELOP ON SITE IN NEWLY PLANTED AREAS UNTIL FINAL ACCEPTANCE. 10. CONTRACTOR SHALL PROVIDE ONE-YEAR PLANT WARRANTY AFTER ACCEPTANCE OF PLANTING BY OWNER'S REPRESENTATIVE. THE CONTRACTOR SHALL REPLACE ALL DEAD OR UNHEALTHY PLANTS FOUND BY OWNER'S REPRESENTATIVE AT THE ENO OF THE WARRANTY PERIOD. I1. PLANT QUANTITIES SHOWN ON PLANS ARE FOR CONTRACTORS CONVENIENCE ONLY. THE CONTRACTOR IS RESPONSIBLE FOR PLANTING AT THE SPECIFIED O.C. DISTANCE SHOWN ON THE PLANTING LEGEND. 12. STREAM AND WETLANO PLANT FERTILIZATION REQUIREMENTS SHALL CORRESPOND TO SPECIFICATION 02930 - 2.15 WETLMIO PLANTING SOIL MIX. 13. PLANTING AREAS SHOWING TWO DIFFERENT SPECIES (.E. SCIRPUS AND CAREX) SHALL BE PLANTED WITH EQUAL NUMBERS RANDOMLY SPACED IN PLANT BORDER AS SHOWN. 14. INSTREAM WORK SHALL TAKE PLACE BETWEEN JUNE 1 AND SEPTEMBER 30. 15. CONTRACTOR SHALL NOT COMPACT BACKFILL. lmiS KURAHA: weaOClwT6n, vV n CD ul ~ r✓ J` I t^v r tCALE: S I RT.. SHEET: 1f-0tc'). 4 UNDISTURBED NATIVE SOIL IF Iislb!R ICURAI-IA: EXISTING BANK AND BED u A9POGlAT6 a. LIMIT OF EXCAVATION COMPACT NATIVE SOIL BACKALL TO 80% 2"X4"X24" WOOD STAKES CUT FROM UNTREATED DOUG FIR \ 2"X4" STAKES 4' O.C., TYP. ROOT LIVE STAKES \ WAD. 1 LIVE STAKES 0 2' O.C., TYP. ~~Jl FINISH GRADE \ Cr ROLANKA BIO D-MAT 90 EROSION CONTROL BLANKET Vl (OR APP. EQUAL), TYP. 2'- 0 O ~ I HEIGHT WOOD STAKE VARIES CZ/0) tti 1 SECTION / ROOT WAD i EMBANKMENT PLAN PE; DEPTH / 7 NOTES: CIS 1. ROOT WAD TO PROTRUDE INTO CHANNEL THE DEPTH OF THE ROOTMASS AS MEASURED FROM EXISTING BANK CHANNEL. 2. TREES REMOVED FROM SITE SHOULD BE UTILIZED AS ROOT WADS. COORDINATE WITH OWNER'S REPRESENTATIVE. 3. CUT LIVE STAKES END TO A POINT FOR EASIER INSTALLATION. 4. TRIM OFF BRANCHES FROM LIVE STAKES W/ CLEAN CUTS. 5. LIVE STAKES ARC TO BE PLACED 2' O.C. SCALE-: 6. BATTER ROOT WAD TO MATCH EXISTING CHANNEL BANK. SOFT GABiON SCALE: NTS (SECTION & PLAN) ol 4t t ld ~ Rr BA _ - N........ LEGEND. w, is":' P 1 C A TI ON P O1N 7S /..i<._ PH070 LO , w 1' \ r~ c`e F . J "rte:." • '~1`{ i.v'..: , , . t. . , i K~ II l L - F, ,r r r y S NOS 1 1_I G~t E: nd'-d' • !Trutt Alortitoring Objectives and Success Criteria The monitoring goals arc to be achieved by meeting the following obicctivcs and success criteria: • Planting KURAHA Establish riparian wetland plant community over the 7,800 square feet of wetland restoration area. I .YYOCI~TKS The success criteria will be at least 80 percent total vegetative coverage (estimated visually) the end of the first year. " Thc success criteria will be at least 30 percent total vegetative coverage (estimated visually) by desirable natives by the cnd of the second year. The success criteria will be 80 percent total vegetative coverage (estimated visually) by the end of the monitoring period (third year). The success criteria is to have native trees well established by the end of the monitoring period. The success criteria is that non-native invasive species reed canatygrass and Himalayan blackberry shall not exceed 20 percent cover alter tit-cc years. r Sr • Monitoring Program TO cnsurc the successful completion Of the restoration plan, monitoring will be conducted over three years. An as-built topographic survey will be conducted and an as-built report submitted within 60 days after initial planting is completed. Inspections will be conducted once annually in the three year monitoring period; with a comprehensive report compiled for each annual visit, by a landscape architcct or a biologist. The dlrce monitoring reports will include text describing findings and conclusions, plus photographs of site conditions, plant pcrfonnance data, IiMitcd hydrologic data, and other information II such as observed wildlife usage. • Monitoring Criteria 1 rte; ThiS program WOUld monitor vegetation paraincters for a period of three years and include i-cconuncildations for removal and mana gcnient of 1111dCSli'ablc ~ I r uivasivc spccics, to preclude dominance by one species. Total plant counts established oil the mitigation planting plan will be used in dclCri11111ing ! vegetation paranlctci:z discussed below. Selected trees will be tagged in order to monitor growth and survival rates of different spccics in a range of P- locations. In addition, permanent photographic points would be established to provide further documentation of the changes in wetland vegetation over , w time. See Mitigation Plant Monitoring Plan for locations of proposed photo points. Aaulual vegetation sampling would be conducted during late March, r n and in the late growing season. Each of the parameters to be monitored is further described below. G. Vegetation Monitoring: Vegetation would be monitored annually during late March and the late growing season within two weeks of the same time ~ every year. Monitoring would consist of spccics list compilation and estimated percent cover of vegetation within established mitigation area. To J supplculcnt this information, photographs would be taken that provide a representative sample of each shrub and groundcover spccics proposal. Groundcovcr data would be collected , and shrub and tree data collected within the restoration boundary. b. Tree Tags: To document the rates of growth and survival, a representative tree will be tagged and monitored. To suplllcnlcrlt this information, photographs of the tagged tree would be taken. c. Overview Photographic Sampling: To supplcnlcnt the sampling nleasurenlents described above, permanent ovci,,icw photographic points would be established suffcicnt to provide Consistent photographic do:;uulcntation tur the entire mitigation area and the overall character of the restored wetlands. • Contingency Program _ Should the desired mitigation goals not be achieved, it coiltiilgcilcy program will be initiated. The first Step of the contingency prograill is to Complete im analysis of the cause of failure in meeting a mitigation performance standard. Once determined, appropriate i-cmediation steps would be proposed. Thesc steps may involve replacing plants that have not survived or additional plantings if growth rates are poor, increasing frequency of maintenance and watering schedules, weed control efforts should reed canatygrass and Himalayan blackberry persist, and further excavation or adjustments to site hydrology if SCALE: required to provide the necessary hydrologic regimes. A written plan will be submitted to DSL for their approval prior to implementing the plan. l-hc plan will include an implementation schedule and identify funding sources and parties (names, titles, addresses, and phone nuulbers) responsible for implementing and monitoring the success of the contingency plan. y C'J(-G- o F0(G. e fem.. Q~ k 0 Q tL n I100 " n 1s00 6 TL 1700 W TL 900 R 5600 ! TL TO! J HALL BLVD. O.CO _`7ia. 2.00 --J000 - a oo r,oo 4000 - aloo - 6±00 r ico _ _ _ ;j • .........Sr ~ qV I w 4 600 Y R R 'e(70 R/W \ / + !L 700 I TL ,00 + + \ 1 TZ J00 Location of Cuiverl 4 + -JVM fOUNO s/e AWN ,RION 1900 • C R Bx 10 be tended AL tJ /W M A + + A , D114 f [j,[YARON lSO.al GA FANiuDO p ENS DEVE BRARY 31 rE A ~ rox-inate Location d Bioswale e I + ~ + of ProF ose / Approximate Locatioon k + + of Fanno Cree 4+ 4 44 44 1 44 tt 4 t1 4 4 ~ 1 \ 1 \ ~ FIGURE Location of the Hall Boulevord DeHaas and Associates, 2003)• Pacific Bzibitat Scrviccs, luc. I 4 tl + 1 0 IL 800 `777 A7--.-' ~J 0~? rr.GO 1t.eV ---)4 -600......_. LEGEND SidewaiK . LandSGa+,~rn~ cu IN nff- SCALE IN FEET widening project (base map provided by 1nu Is i z7:t ~~yn jt11 `'~-,dw AW Exist ce O j / S o 2,,77.J1, 2J.55" Air Construct - - { i Grote 156.2) o )OT inlet co-2 Abandon _ \ I l EX/ST 4' PVC, Nt// B/vd. Exist. Vveflond J /E 150. ~ ~ JE 14 t.82 CEiore C5 6. 18 --j Y TO j j; ; rTRIBUTAR FA EEI< ,i ; Exist CS Q l - CR I Grote 156.1E 44 Cu. yd. of ISO.- - Remove ex1s . Upland to be .,I , • ! 51..93 ~ - . c L, \ !8'" Sf/. Cu/vent XCc7-V1C Reco t chcnnel to Extend lk \ 24 ' C76-V All Lut slopes in N., Co ,crete L Ivert pipe oulTlow area Channel \ Remove Culvert Y S= 0.0J10 to be 2:1'Mok.`"\ Location o 3.5 ft by 3.5 ft. Gap in 18" and 24° Culverts 24- Conc cult', ri ` l£ 152.09 I' i I I I I ~ , ~ j l I ~ I I G 1 I 12 Conc l cu/verl - I I 1 I ' IE 152. J4 Exist iS Ml/ l - - 55.45 72 New m 156. REGI/~t~ 1 1 50 £~U .1 _ . _ _ . 0 10 r-- FIGURE plan view of the culvert extension for the Hall Boulevard widening project 3 (base map provided by DeHoas and Associates, Inc., 2003). t'nci6c Habitat Services, Inc. ' Y SCALF: IN FEE'r ,j711 _I_..._. _ - - - - - - I l ~ N m o 8' PUE i .........................__..o. a J °o~ O I %0 W I Grp I - W CO U r^~~ W ~ ~ I 1 - I +ojw o o~~~ rn 160 r ' I I +~WwW 2.-1 Afox. 154- l/ DISTANCE BETWEEN EXIST'{ / o N 1 11J , ....1.8"...AND..24.°.._CULV.ERTS . _.<'15 74" CO 0.02 2 'c. Culvert i \ r 150 I I.... . .._..Ex St.- Culvert ZIA 1 04 Scale: 1 10' Horiz. - y , { 7 1 1 21 Vert. Remove exist. 18" ! to ~I Sit, culvert ' to + 146 ±t1u w l` 24" C76-V Concrete Culvert j S= O.OJIO I t ..............................................l............-....................._.........-........1........____...._............__-.......__..._..' _ -.._...i..._..__.._._.._..__.._.._......_... _ 1+00 1+40 1+80 2+20 0 10 20 UI SCALE IN FEET FIGURE Typical cross-section of the culvert extension for the Hall Boulevard ~f widening project (base map provided by DeHoas and Associates, Inc., 1- I 203). Pacific 1•Iabitac Services, Inc. '.k"j4z - GENERAL NO TES: 1 1. Protect all trees on site. CONSTRUCTION NO 1 ES. 1. Existing buildings to be I„ I I 1 ~...L removed by others. 2• Construct water quality swole. 3. Construct ditch inlet. See Detail Band C. Curlex 810nkel ' ~ I I r - _ 4. Connect to new storm sewer - I I~ tiJ in street. Begin water quality facility bid item. s f i \ VAO 5. Construct inlet flowpod, full ~xi` P1`► / j o , width of channel. 1 j v ix4/~ \ i --c UU1'IfAU. smuCTuRE 6. Reseed swcle after grading. - J i~ n• IE=~3s:est , See landscape plans. c'''_-o a _ ~ I .r~. •i t j , .a/ a Install sedimentary manhole. o 1 See Detoil D. Rim= f 145 00, • 1 DITCH INLET f 1E in= 141.23, lE out- I II ' 141.15 Sump- 134.73 `1 - 3 j P /JIE IN= 40.35 Eou 03s ` ~ I 1 8. Locate and abandon existing A0 I r'"''` I o lI\) I~.. _ yt t +73 1 C76_ ell with concrete in !E OUT= 141.91, 6 BLF 12 well I ; V icoric accordance with Oregon I I I t I s=1 .07 ; Water Resources ti, requirements. (By Others) Zs I, I -n `rj`'' i' ~ - --I Wf~~~ IN FEET 9. Hydroseed any disturbed \I Ij i •,`jij ` t a a a` 2'x6'xl8" SCALE areas not covered by CLASS 50 RIP RAP landscaping pions. i i FIGURE Plan view of the propo~-;ec' bioswale for the Hall Boulevard widening project -2711 f (base map provided by UPHaas and Associates, Inc., 2003). Pacific Habitat Scrviccs, Inc. lj~J,-J , 4 i , Eais(inq //ewe , tin; 101be removed , 144 i _ if e.:l? i Op) sw i 0-J!• 140 140 112' SrnU Pa 'F 12 1 C7!7.- V cc 10. 0 i n i.J_. rs I tic , +l, ui4. r u-°. I CURLER BLANKET:✓ u i4 i "^!2B' ~ ' l~ ^ IBS) ~ V i - UrUU 0++0 Oa60 1+20 1+60 2+00 2++0 2x110 J+20 U 23 50 SCALE IN FEET FIGURE Typical cross-section of the proposed bioswale for the Hall Boulevard widening project (base map provided by DeHoas and Associates, Inc., 2003). .6 Pacific I-IabiLat Services, Inc. 1 I i 1 ni0 ' I 2111 ',din/03 Portland District Regional Conditions (a) In-water Work Windows: All in-water work; including temporary fills or structures, shall occur between July 1 and September 30. Exceptions to these time periods require specific approval from the Corps. (b) Upland Disposal: All excess material will be taken to a suitable upland location for disposal. The material shall be placed in a location and manner that prevents its discharge into waterways or wetlands. (c) Heavy Equipment: Heavy equipment shall be operated from the bank and not placed in the stream unless specifically authorized by the District Engineer. Heavy equipment must be placed on mats or similar precautions must be taken to minimize damage to wetland resources. (d) Fish Screening: Fish Screening will comply with standards approved by the National Marine Fisheries Service or the Oregon Department of Fish & Wildlife, as appropriate. (e) Cultural Resources & Human Burials: Permittees must immediately notify the District Engineer if at any time during the course of the work authorized, human burials, cultural resources, or historic properties, as identified by the National Historic Preservation Act, may be affected. Failure to stop work in the area of exposure until such time the Corps has complied with the provisions of 33 CFR 325, Appendix C, the National Historic Preservation Act and other pertinent regulations, could result in violation of state and federal laws. Violators are subject to civil and criminal penalties. (f) Fish Passage: Permittee shall insure activities authorized by nationwide permit will not restrict passage of aquatic life. Activities such as the installation of culverts or diversion structures, or other modifications to channel morphology must be designed to be consistent with fish passage standards developed by the Oregon Department of Fish and Wildlife (ODFW) and the National Marine Fisheries Service (NMFS). The standards can be found in the document entitled "ODFW standards and Criteria for Stream Road Crossings". The streambed shall be returned to pre-construction contours after construction unless the purpose of the activity is to eliminate a fish barrier. (g) Riparian Vegetation Protection & Restoration: When working in waters of the United States or riparian areas the construction boundary shall be minimized to the maximum extent practicable. Permittee shall mark and clearly define the construction boundary before beginning work. Native riparian vegetation will be successfully established along tributaries where the vegetation was removed by construction. The plantings shall start at the ordinary high water mark and extend 10 feet back from the top of the bank. The plantings must be completed by the end of the first planting season following the disturbance. (h) Erosion Controls: All practicable erosion control devices shall be installed and maintained in good working order throughout construction to prevent the unauthorized dis_.harge of material into a wetland a or tributary. The devices shall be installed to maximize their effectiveness, e.g. sediment fences shall generally be buried or similarly secured. These controls shall be maintained until permanent erosion controls are in-place. E vi d," Z 0 • Practicable erosion control measures include but are not limited to the following: a. Fill is placed in a manner that avoids disturbance to the maximum practicable extent (e.g. placing fill with a machine rather than end-dumping from a truck); b. Prevent all construction materials and debris from entering waterway; c. Use filter bags, sediment fences, sediment traps or catch basins, silt curtains, leave strips or berms, Jersey barriers, sand bags, or other measures sufficient to prevent movement of soil; d. Use impervious materials to cover stockpiles when unattended or during rain event; e. Erosion control measures shall be inspected and maintained daily to ensure their continued effectiveness; f. No heavy machinery in a wetland or other waterway: g. Use a gravel staging area and construction access; h. Fence off planted areas to protect from disturbance and/or erosion; and i. Flag or fence off wetlands adjacent to the construction area. (i) Maps and drawings: In addition to the items required in Nationwide Permit General Conditions 13, all preconstruction notifications shall contain maps showing the project location as well as plan-view and cross-sectional drawings showing the proposed work. The map(s) shall be of a scale and detail to clearly identify the project location(s). Drawings shall be sufficient in number and detail to accurately portray the project. (j) Bank Protection: Rip-rap shall be clean, durable, angular rock. The use of other materials such as broken concrete, asphalt, tires, wire, steel posts or similar materials is not authorized. The project design shall minimize the placement of rock and maximize the use of vegetation and organic material such as root wads to the extent practicable. Riparian plantings shall be included in all project designs unless the permittee can demonstrate they are not practicable. The permittee must notify the District Engineer in accordance with nationwide permit general condition #13 for any activity that includes bank stabilization. (k) Inspection of project site: The permittee must allow representatives of the Corps to inspect the authorized activity to confirm compliance with nationwide permit terms and conditions. Personnel from the Oregon Department of Environmental Quality and the Department of Land Conservation and Development are considered to be authorized "representatives" for the purpose of Section 401 Water Quality or Coastal Zone Management inspections. For projects on tribal land the Environmental Protection Agency is considered an authorized representative. A request for access to the site will normally be made sufficiently in advance to allow a property owner or representative to be on site with the agency representative making the inspection. (1) Sale of property/transfer of permit: If you sell the property associated with this permit, you must transfer the permit to the new owner(s) and obtain their signature(s). A copy of this permit with the new owner(s) signature shall be sent to this office to validate the transfer of this permit authorization. • 0 Natiom•t ide Permit General Conditions (From the January 15, 2002 Federal Register, Vol. 67, No. ) 0) I . Navigation 2. Proper Maintenance 3. Sol! Erosion and Sediment Controls 4. Aquatic Life Movements 5. Equipment 6. Regional and Case-by-Case Conditions 7. Wild and Scenic Rivers 8. Tribal Rights 9. Water Quality 10. Coastal Zone Management 11. Endangered Species 12. Historic Properties 13. Notification 14. Compliance Certification 15. Use of Multiple Nationwide Permits. 16. Water Supply Intakes 17. Shellfish Beds 18. Suitable Material 19. Mitigation 20. Spawning Areas 21.' Management of Water Flows 22. Adverse Effects from Impoundments 23. Waterfowl Breeding Areas 24. Removal of Temporary Fills 25. Designated Critical Resource Waters 26. Fills Within 100-year Floodplams 27. Construction Period Encl. 3 C. Nationwide Permit General Conditions The following General Conditions must be follox ed in order for any authorization by an \NWP to be valid: Navi.eation. No activity may.cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any Structure or fill auflierized shall b properly maintained, Including nnaiilteriancee to ensure public safety. 3. Soil Erosion and Sediment Caro•ols. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 4. Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Reeionol and Case-Bv-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)). The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water Quality Certification and Coastal Zone Management Act consistency determination 7. 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 respotlsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal laud management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 8. Tribal Riehts. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Oualitv. (a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401 certification (either generically or individually) does not require or approve water quality management measures, the permittee must provide water- quality management measures that will ensure that the authorized work does not result in more than minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than minimal adverse effect oil water quality). An important component of water quality management includes stormwater management that mininuzes degradation of the downstream aquatic system, including water quality (refer to General Condition 21 for stormwater management requirements). Another important component of water quality management is the establishment and maintenance of vegetated buffers next to open waters, including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). This condition is only applicable to projects that have the potential to affect water quality. While appropriate measures must be taken, in most cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring. • .0. Coastal Zone Meameenicnt in certain states, an individual state coastal zone mana2eme.nt consistence concurrence must be obtained or %~.aived (see 33 CFR Section 330.4(d)). 11. Endempei-ed Species. (a) No acttvtty is authorized under any N\\%P, 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 (ESA); or which will destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify the District Engineer if any listed species or designated critical habitat night be affected or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that may affect Federally-listed endangered or threatened species or designated critical habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. As a result of formal or informal consultation with the FWS or NMFS the District Engineer may add species-specific regional endangered species conditions to the NWPs. (b) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages at http://www.fws.gov/t-9endspp/etidspp.htnil and http://www.nnifs.noaa.gov/prof res/overview/es.htm respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR Part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective penrittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from'the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(8)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. B. Notification. (a) Timine; where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must determine if the notification is complete within 30 days of the date of receipt and can request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the District Engineer will notify the prospective permittee that the notification is still incomplete and the PCN review process will not corrurtence until all of the requested information has been received by the District Engineer. The prospective permittee shall not begin the activity: (1) Until notified in writing by the District Engineer that the activity may proceed under, the NWP with any special conditions imposed by the District or Division Engineer; or (2) If notified in writing by the District or Division Engineer that an individual Permit is required; or (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective perinittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Notification: The notification must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), Regional General Permit(s), or Individual Permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. Sketches should be 9 • provided when necessary tG sho.~ that the activity complies with the terms of the N VP (Sketches usually clarify the project and when provided result to a quicker decision.); (4) For NWPs 7, 12, 14, 18, 21, 34, 38, :9,40, 41; 42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool compiexes (see paragraph 13(f)); (5) For NWP 7 (Outfall Structures and Maintenance), the PCN must include information regarding the origina! design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed; (6) For N-WP 14 (Linear Transportation Projects), The PCN mist include a compensatory mitigation proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of waters of the US will be minimized to the maximum extent practicable; (7) For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office of Surface Mining (OSM) or state-approved mitigation plan, if applicable. To be authorized by this NWP, the District Engineer must determine that the activity complies with the terns and conditions of the NWP and that the adverse environmental effects are nunimal both individually and cumulatively and must notify the project sponsor of this determination in writing; (8) For NWP 27 (Stream and Wetland Restoration), the PCN must include documentation of the prior condition of the site that will be reverted by the permittee; (9) For NWP 29 (Single-Family Housing), the PCN must also include: (i) Any past use of this NWP by the Individual Permittee and/or the pennittee's spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this NWP, parcels of land measuring'/.-acre or less will not require a formal on-site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than'/.-acre in size, formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(f)); (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee's spouse, within a one rule radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a purchase and sale agreement or other contact for sale or purchase has been executed; (10) For NWP 31 (Maintenance of Existing Flood Control Projects), the prospective perniVee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a five year` (or less) maintenance plan. In addition, the PCN must include all of the following: (i) Sufficient baseline information identifying the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and, (iii) Location of the dredged material disposal site; (11) For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources; (12) For NWPs 39, 43 and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization for losses of waters of the US were achieved on the project site; (13) For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of waters of the US or justification explaining why compensatory mitigation should not be required. For discharges that cause the loss of greater than 300 linear feet of an interrrtittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terns and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on steam impacts in writing before the permittee may proceed; (14) For NWP 40 (Agricultural .Activities), the PCN must include a compensatory mitigation proposal to offset losses of waters of the US. This NWP does not authorize the relocation of greater than 300 linear-feet of existing serviceable drainage ditches constructed in non-tidal steams unless, for drainage ditches constructed in internuttent non-tidal streams, the District Engineer \v2ives this criterion in writing, and the District Engineer has determined that the project complies with all terms and conditions of this NWP, and that any adverse impacts of the project on rite aquatic environment are minimal, both individually and cumulatively; (15) For NWP 43 (Stomi.vater Management Facilities), the PCN must include, for the construction of new stormwater management facilities, a maintenance plan (in accordance with state and local requirements, if • _p;,licable) and a compensatory mitigation proposal to offset losses of % aters of the US. For discharges that cause ;hr loss of Greater than 300 linear feet of an intermittent stream bed, to be authorized. the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in xvriting before the permittee may proceed; (16) For NWP 44 (Mining Activities), the PCN must include a description of all waters of the US adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the US, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate raining activities in isolated waters and non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities); (17) For activities that may adversely affect Federally-listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work; and (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. (c) Form of Notification: The standard Individual Permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1)-(18) of General Condition B. A letter containing the requisite information may also be used. (d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. The prospective permittee may submit a proposed mitigation plan with the PCN to expedite the process. The District Engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal. If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. The District Engineer must approve any compensatory mitigation proposal before the permittee commences work. If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either .conceptual or detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will expedifiously review the proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment. (after consideration of the compensatory mitigation proposal) are determined by the District Engineer to be minimal, the District Engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP. If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then District Engineer will notify the applicant either: (1) that the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an Individual Permit; (2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer determines that ntigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period. The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environnicnt to the minimal level. When conceptual mitigation is included, or a mitigation plan is required ;ruder item (2) above, no work in waters of the US will occur until the District Engineer has approved a specific mitigation plan. (e) Aeencv Coordination: The District Engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. • • For activities requiring notification to the District Engineer that result in the loss of greater than'/-acre of ;eaters of the US, the District Engineer will provide intinediately (e.g., via facsimile transmission, overnight mail, or other expeditious maruier) a copy to the appropriate Federal or state offices (USFWS, state narural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site-specific continents. If so contacted by an agency, the District Engineer will wait an additional 15 calendar days before making a decision on the notification. The District Engineer will fully consider agency comments received within the specified time frame, but wilt provide no response to the resource agency, except as provided below. The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. As required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to NMFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. (f) Wetland Delineations: Wetland delineations must be prepared in accordance with the current method r: quired by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than V.-acre in size). The pernuttee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. 14. ConnDliance Certification. Every permittee who has received NWP verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter and will include: (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 15. Use ofMultiole Nationwide Pernnits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the US authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit (e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total project cannot exceed 1/3-acre). 16. Water SuDDIv Intakes. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization- 17. Shellfish Beds. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. Suitable Material. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the CWA). 19. Mitigation. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal. (a) The project must be designed and constucted to avoid and minimize adverse effects to waters of the US to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland impacts requiring a PCN, unless the District Engineer determines in writing that some other form of mitigation would be more • nvironme.rtally appropriate and provides a project-specific «atver of this requirement. Consistent with National policy; the District Engineer ,vill establish a preference for restoration of wetlands as compensatory mitigation; xvith preservation used only in exceptional circumstances. (d) Compensatory nutigation (i.e., replacement or substitution of aquatic resources for those impacted) will not be used to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example, '/.-acre of wetlands cannot be created to change a'/.-acre loss of wetlands to a '/2-.acre loss associated with NW P 39 verification. However, %-acre of created wetlands can be used to reduce the impacts of a -acre loss of wetlands to the minimum impact level in order to meet the minimal impact requirement associated with l"~tl'Ps. (e) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consist of native species. The width of the vegetated buffers required will address documented water quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where vegetated buffers are determined to be the most appropriate form of compensatory mitigation, the District Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland impacts. (g) Compensatory mitigation proposals submitted with the "notification" may be either conceptual or detailed. If conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the US. (h) Permittees may propose tire use of mitigation banks, in-lieu fee arrangements or separate activity-specific compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify Elie party responsible for accomplishing and/or complying with the mitigation plan. 20. SDawninz Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. 21. Manaeenient of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximurn extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project site, relocating water, or redirecting water flow beyond preconstiuction conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow. This condition is only applicable to projects that have the potential to affect waterflows. While appropriate measures most be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow. ~ i 22, Adverse Effects Front irnooundmews. If the activity creates an Impoundment of water, adverse effects to the aquatic system due to the acceleration of the passage of water. and/or the restricting its flow shall be minimized to the maximum extent practicable. This includes structures and work in navigable -waters of [lie US, or discharges of dredged or fill material. 23. 141aterfowl Breeding Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Removal ofTentvorar-v Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Designated G-itical Resource IVaters. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, state natural heritage sites, and outstanding national resource waters or other %vaters officially designated by a state as having particular environmental or ecological significance and identified by the District Engineer after notice and opportunity for public continent. The District Engineer may also designate additional critical resource waters after notice and opportunity for continent. (a) Except as noted below, discharges of dredged or fill material into waters of the US are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35', 39, 40, 42, 43, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of Elie US may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition I 1 and the USFWS or the' l\4FS has concurred in a determination of compliance with this condition. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with General Condition 13, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 26. Fills 141ithin 100-Year Floodolains. For purposes of this General Conditions, 100-year flo4 qplains will be identified through the existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps at- FEMA-approved local floodplain maps. (a) Discharges in Fooodolain: Below Headwaters. Discharges of dredged or fill material into waters of the US within the mapped 100-year floodplain, below headwaters (i.e. five cfs), resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44. (b) Discharges in Floodwav: Above Headwaters. Discharges of dredged or fill material into waters of the US within the FEMA or locally mapped floodway, resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, and 44. (c) The permittee must comply with any applicable FEMA-approved state or local floodplain management requirements. 27. Construction Period. For activities that have not been verified by the Corps aid the project was commenced or under contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed within 12-months after such date (including any modification that affects the project). For activities that have been verified and the project was commenced or under contract to corrtmence within the verification period, the work must be completed by the date determined by the Corps. For projects that have been verified by the Corps, an extension of a Corps approved completion date may requested. This request must be submitted at least one month before the previously approved completion date. 0- • '\,IITIGATION SPECIAL CONDITIONS Grading and Implementation The permittee shall ensure that the restoration and enhancement design and implementation adheres to the proposed grading and planting scheme submitted to the Corps (see Figures 7-11, Enclosure 1). Restoration and enhancement shall be completed within the first growing season after installation of the sewer line. Vegetation 3. Coverage of planted woody species or naturally recruited, native woody species shall be at least 60% by the fifth year following construction in scrub-shrub and forested portions of the enhancement site. 4. Coverage by native emergent species shall be at least 80% by the fifth year following the planting in herbaceous portions of the enhancement site. 5. Vegetative monitoring will be conducted using line-intercept, quadrat, or other appropriate methodology, depending on site conditions. The permittee shall specify the methodology used during the site inspection. The same methodology shall be used throughout the monitoring period. 6. All sampling locations shall be clearly identified on 8.5 by 11-inch drawings and included in the annual monitoring report. 7. Invasive, non-native species shall not exceed 15% coverage at any time during the monitoring period. 8. The permittee shall establish a minimum of three fixed photo documentation locations to provide a visual record of structural changes during the monitoring period. Each photo documentation location shall be clearly identified on 8.5 by 1 1-inch drawings and submitted in each annual monitoring report. Monitoring 9. An as-built report of the enhancement site shall be submitted to the Corps within 60 days of completion of grading and planting. This report shall include photographs taken before and after grading of the site, planting, or other substantial activities. 10. Monitoring shall begin immediately after the planting has been accomplished and continue for a period of 5 years. The monitoring period will start when the permittee has demonstrated that initial plantings have been accomplished. The monitoring period may be extended if success criteria are not achieved. 11. Monitoring shall take place between April - June of each year. 12. An annual monitoring report that summarizes the above documentation shall be submitted to the Corps by September 30 of each monitoring year. This monitoring report will document the vegetation and the hydrology of the enhancement area. The monitoring report will include, but not be limited to: a. Permit number and Name of permittee; b. Project name and location; c. Vegetation monitoring data (i.e. plant counts); ~ Ft GQ • • d. Photo documentation of the enhancement site: e. Locations of sample collection point or transects; f. Visual observations of the enhancement site, including observations on invasive/noxious plant growth within the wetland mitigation and buffer area and wildlife usage of the area; and g. Description of all activities that have occurred on the project site during the previous monitoring year. 13 The monitoring report will also include an analysis of the enhancement area and a determination as to whether the wetlands are achieving success criteria. 14. Annual monitoring reports shall be submitted to: U.S. Anny Corps of Engineers Regulatory Branch (CENWP-OP-G) Compliance & Enforcement (Washington County - Corps 1D No. 200300241) P.O. Box 2946 Portland, Oregon 97208 Contingencies 15. In the event that mitigation success criteria are not met during the monitoring period, the permittee shall submit a contingency plan to the Corps. The contingency plan shall be approved by the Corps prior to implementation. Oregon Department of Environmental Quality Conditions for Compliance with Section 401 of the Clean Neater Act 1. Turbidity/Erosion Controls- The permittee shall ensure the authorized work does not cause the turbidity of affected waters to exceed 10% over natural background turbidity 100 feet downstream from the activity causing the turbidity. For projects proposed in areas with no discernible gradient break (gradient of 2% or less), monitoring must be done at 4 hour intervals and the turbidity standard may be exceeded for a maximum of one monitoring interval per 24 hour work period provided all practicable control measures have been implemented. This turbidity standard exceedance interval applies only to coastal lowlands and floodplains, valley bottoms and other low-lying and/or relatively flat land. For projects in all other areas, the turbidity standard may be exceeded for a maximum of 2 hours (limited duration) provided all practicable erosion control measures have been implemented. Turbidity must be monitored during active in-water work periods. Monitoring points must be at an undisturbed site (representative background) 100 feet upstream from the turbidity causing activity (i.e., fill or discharge point), 100 feet downstream from the fill point, and at the point of fill. A turbidimeter is recommended, however, visual gauging is acceptable. Turbidity that is visible over background is considered to exceed the standard. Practicable erosion control measures must be implemented. Such measures must include, but are not limited to, the following: a. Place fill in the water using methods that avoid disturbance to the maximum practicable extent (e.g. placing fill with a machine rather than end-dumping from a truck). b. Prevent all construction materials and debris from entering waterway; c. Use filter bags, sediment fences, sediment traps or catch basins, silt curtains, leave strips or berms, Jersey barriers, sand bags, or other measures sufficient to prevent movement of soil; d. Use impervious materials to cover stockpiles when unattended or during rain event; e. Erosion control measures shall be inspected and maintained daily to ensure their continued effectiveness; f. No heavy machinery in a wetland or other waterway; g. Use a gravel staging area and construction access; h. Fence off planted areas to protect from disturbance and/or erosion; and i. Flag or fence off wetlands adjacent to the construction area. Turbidity must be measured (or visually assessed) and recorded at the designated monitoring interval prescribed above during periods of active construction. The designated person attending the monitoring equipment shall be responsible for notifying the project foreman of any exceedance of the turbidity standard. If a 10% exceedance of the background level occurs at 100 feet below the project site, modify the activity causing the problem and continue to monitor at the proper interial. If exceedances occur with two consecutive measurements the activity causing the turbidity must be stopped until the problem is resolved. 'FncQ. S • In-Water Work Periods- All in-water work, including temporary fills or structures; may be undertaken only during the time periods recommended by Oregon Department of Fish and Wildlife (ODFW) for in-water work specified in the most current version of Oreenn Guidelines far Timing o(In-Water Work to Pratert Fi_ lh and Wildlife Re sou)-res. An exception is allowed only with specific approval from the USACE after consultation with ODFW or National Marine Fisheries Service (NMFS). On tribal lands, the USACE will coordinate exceptions with the U.S. Environmental Agency (USEPA). Riparian Vegetation Protection and Restoration- Riparian, wetland, and shoreline vegetation in the project area must be protected from disturbance to the maximum extent possible and be restored and enhanced when unavoidably disturbed due to activities associated with the authorized work. All damaged or destroyed vegetation must be replaced with native plant materials. The standard for success is 75% areal coverage after the fifth growing season for native plant species that replace the habitat type lost or damaged. Planted areas must be temporarily fenced, or otherwise protected from damage, until the vegetation is established. Project sites must be revegetated to the extent possible up to the bankfull stage or line of non- aquatic vegetation, whichever is greater. When any wetland areas are adversely affected, revegetation must extend to the upland limits of the wetland area. 4. Stormwater- Stormwater from any authorized activity, conveyed or discharged to a water of the state, must be treated by a facility specifically designed to remove stormwater contaminants before entering streams, wetlands, or other waters of the state, including mitigation wetlands, so as to minimize pollutants entering those water bodies. Bank Stabilization- The linear threshold for bank stabilization projects under any nationwide is 250 feet. All projects exceeding the threshold require individual water quality certification. a. Bioengineering is required: Native plantings, such as willow saplings, must be incorporated into stream bank stabilization structures in order to provide bank erosion protection, variable habitat for wildlife, and shade. [See the Division of State Lands Guidelines On Riparian Restoration- Rinengine_ ring, included in their 1996 Erosion Control General Authorization.] b. The project must not include retaining walls, bulkheads, gabions or similar vertical structures. Compliance Certification /11 1 Project Count: ZIA~i Permit Number: Date of Issuance: Name of Permmittee: 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 Nvas completed in accordance with the permit conditions, except as described below. Signature of Pernnittee End 6