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HomeMy WebLinkAboutSLR2000-00007 1LO�AYS�tO/1Z/LOOO CITY OFTIGARD Com.munity�DeveCopment ShapingA�etter Community CITY OF TIGARD - `GUashington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFfICER Case Numbers: SENSITIVE LANDS REVIEW(SLR) 2000-00007 AND SLR2000-00008 Case Name: LOWE'S HARDWARE WETLAND MITIGATION Ca� FOWLER MIDDLE SCHOOL Name of Owner: Ti r -T I tin S hool District Name of Applicant: Lowe's Home Improvement Warehouse Address of Applicant: 1530 Faraday Avenue, Suite 125. Carlsbad. CA 92008 Address of Property: N rth of Fowler Middle School s uth f Ti ard treet an west of Tiedeman Street Tax Map/Lot Nos.: WCTM 1 S134DD, Tax Lots 00900 and 01000. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR SENSITIVE LANDS REYIEW. THE �ITY OF TIGARD HEARINGS OfFICER HAS REYIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS Of REVIEWING AGENCIES, THE PLANNING DIVISION'S STAff REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBIIf HEARING ON AUGUST 7, 2000 TO RECEIYE TESTIMONY REGARDING THIS APPLI(ATION. THIS DEfISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONLLUSIONS CONTAINED WITNIN THIS FINAL ORDER. Request: ➢ Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. Action: ➢ ❑ Approval as Requested 0 Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and ma+led to: � Owners of Record Within the Required Distance O Affected Government Agencies � The Affected Citizen Involvement Team Facilitator � The Applicants and Owners The adopted findings of fact, decision and statement of conditions can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THIS DECISION IS FINAL ON AUGUST I I, 2000 AND BECOMES EFFECTIYE ON AUGUST 26, 2000 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON AUGUST 25, 2000. Questions: If you have any questions, please call the City of Tigard Planning Division at (503} 639-4171. BEFORE THE LAND USE HEARINGS OFFICER FOR'THE CTTY OF TIGARD, OREGON Regarding applications for sensitive lands review for ) F I N A L O R D E R appr�val of wetlancis enhancement to Fanno Creek near ) Fowler Middle School as mitigation for development of ) SLR 2000-00(}07/00008 a Lowe's store elsewhere in the City of Tigard, Oregon ) (Lowe's Mitigation) A. SUMMARY 1. Lowe's Home Improvement, Inc., (the"applicant") requests Type III sensitive lands review approval for construction of an overflow channel for Fanno Creek and Type II sensitive lands review for wetland buffer enhancements in the Water Resources Overlay district. Such an application is subject to the standards in Tigard Community Development Code ("CDC") 18.390, 18.775 and 18.797. Because the two applications have been combined for purposes of processing, both are subject to a Type III review process. 2. The site of the proposed landform alteration and wedands buffer enhancement is between SW Tiedeman Avenue and SW Tigard Street east of Fowler Middle School on property owned by the school district. The applicant will purchase an easement over the relevant portion of the school properly to encompass the mitigation site and provide for its long-term maintenance. The legal description of the school property is ta3c lots 0{)900 and O 1000, WCTM 1 S 134DD,Washington County. The applicant submitted a proposed legal description for the 3.1 acres of the site to be used for the mitigation project(the "site"). 3. The proposed 3.1 acres of enhancement is required to mitigate for loss of 0.81 acres of wedands and diversion of a creek at the site of the proposed Lowe's Home Lnprovement Store at the intersection of Highway 217 and SW 72nd Avenue (the former Phil Lewis Elementary School site) pursuant to permits issued by the U.S. Army Corps of Engineers ("USCOE") and Oregon Division of State Lands ("ODSL") and the review of those permits 6y the National Marine Fisheries Service("NMFS"),copies of which are in the record. 4. The applicant provided specific excavation, grading,vegetation management, planting,erosion control and monitoring plans for the subject site,which are approved by those agencies. In summary, the applicant will create a channel for Fanno Creek when it overflows,enhancing the flood carrying capacity of the creek; provide for fisheries protection in the oveflow channel; remove certain non-native and noxious vegetation in the wetland buffer; and replant the buffer and the banks of the overflow channel with certain native species. The applicant will monitor the success of the mitigation plan for five years after it is completed, and will take further actions warranted as a result of monitoring. 5 . A public hearing was held on August 7, 2000 to review the applications. City staff recommended approval. The applicant accepted the staff recommendations but requested deletion of condition of approval 1,because information in the application and information submitted at the hearing fulfills that condition. Other than the City staff and applicant, no one testified orally or in writing. The record closed at the end of the hearing. The hearings officer approves the Sensitive Lands Review applications as provided herein. B. HEARING AND RECORD 1. Tigard Land Use Hearings Officer Larry Epstein (the "hearings officer") received testimony at the public hearing about this application on August 7,2000. Hearings�cer Final Ordei SLR 2000-00007 and 20000-00008 (Lowe's Mitigation) Page 1 a. The hearings officer announced at the beginning of the hearing the rights of persons with an interest in the matter, including the right to request that the hearings officer continue the hearing or hold open the public record, the duty of those persons to testify and to raise all issues to preserve appeal rights, the manner in which the hearing will be conducted,and the applicable approval standards. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. b. T'he hearings officer received and physically inspected the file maintained by the City regarding this application. The record includes materials in lhe file prior to the hearing, testimony and evidence entered into the record at the hearing, the list of wimesses at the hearing and the tape of hearing proceedings. The record is filed at City Hall. 2. City planner Matt Scheidegger summarized the Staff Report. 3. Landscape architect Scott Banker and lawyer Frank Flynn appeared for the applicant� Mr. Flynn summarized the proposed development and reviews that USCOE, ODSL and NMFS have completed. He introduced a revised legal description for the easement over the mitigation site and testified that the School Board has authorized Ron Hudson to sign the easement as soon as the applicant obtains all required permits. He introduced a copy of a letter from NMFS following informal consultation with USCOE regarding compliance with the Endangered Species Act(the"ESA") in which NMFS concludes the mitigation plan must be implemented to comply with the ESA. He testified the conditions of approval recommended by County staff are acceptable to the applicant. However the applicant believes condition of approval 1 is unnecessary and should be deleted, because the applicant has provided information about proposed methods and materials sufficient to fulfill that condition. He introduced a letter from Mr. Banker in support of that argument. He also argued that conditions 2 through 4 are unnecessary, but agreed they impose no burden on the applicant. He explained that time is of the essence, because the USCOFJODSL permits require the work to be done within the next couple of months. He waived the applicant's right to have the record held open for seven days after the hearing. C. DISCUSSION 1. City staff recommended approval of both sensitive lands review applications addressed in this decision based on the findings in Section N of the Staff Report and subject to the conditions of approval in Section II of the Staff Report No one disputed those findings. No one opposed the application. The hearings officer concludes the findings in the Staff RepoR accurately reflect the law and the facts. The hearings officer adopts and incorporates those findings as his own except as otherwise provided herein. 2. The applicant asked the hearings officer to delete recommended condition of approval 1,because it is unnecessary.' In particular, sheets 5 and 6 of the preliminary plans shows what erosion control measures the applicant intends to use to minimize possible adverse effects of grading. The August 7letter from Mr.Banker provides additional ` Proposed condition of approval 1 reads as follows: Provide additional infom►ation on the conswction materials and methods that will be utilized for construcdon of the overflow channel. The construction must utilize equipment designed to minimize ground disturbances and the methods must be consistent with other requirements of the Water Resources Overlay standards. Spe�c details needed include:the type of equipment to be used,the area impacted,and how the construction methods will insure that there is no more impact than necessary for the construction. Hearings O„�`"icerFinal Order SLR 2000-00007 and 20000-00008 (Lowe's Mitigation) page 2 information about the machine the applicant proposes to use to undertake excavation in the riparian setback area,why that machine has lesser adverse effects than other possible equipment, and the area unpacted by that excavation,but City staff were unable to review and respond to that letter in the time available; therefore,staff have not advised the hearings officer whether condition of approval 1 remains necessary. The following is the hearings officer's analysis of that issue. a. Condition of approval 1 is recommended to ensure excavation in the riparian setback area will comply with the development standard in CDC 18.797.080.C.2 The hearings officer fmds that the applicant has carried the burden of proof that the proposed excavarion in the riparian setback area will comply with CDC 18.797.080.C, based on the following findings. b. 'There is little or no native vegetation in the area to be excavated. Most vegetation in the area is non-native and noxious Reed canarygrass. Therefore the proposed excavation will not adversely affect native vegetation. c. The applicant proposes to use methods to minimize damage to water quality by preventing erosion. See General Note 11 on sheet 1 and sheets 5 and 6 of the preliminary plans. The applicant also proposes to use equipment that has a lesser potential adverse effect by its very nature(i.e., because it is a tracked vehicle rather than a wheeled vehicle)and in a manner that further reduces its potential adverse impact(i.e.,by operating the vehicle on the Reed canarygrass mat already on the site rather than on disturbed soil). The application includes the following statement: Excavation will be limited to the area needed for the overtlow channel. Erosion will be minimized by lining the overflow channel with erosion control fabric, and placing temporary sediment barriers and bio-filter bags for check dams. Disturbed areas of the site will be seeded with native seed. d. There is no practicable way for the applicant to undertake the required excavation without a machine; the machine the applicant proposes to use and the manner in which the applicant proposes to use it has the least potential adverse effect. The applicant will use methods to avoid or minimize short-term impacts to water quality. In the long-term, revegetation of the riparian setback area will stabilize soils there. Excavated soils shall not be stored in the ripanan area. Further information is not necessary to comply with CDC 18.797.080.C, provided the applicant undertakes the proposed excavation as proposed. e. The hearings officer finds that applicant will use methods to minimize impacts on water quality. That fulfills the intent of recommended condition of approval 1. Therefore the condition should be mod�ed to reflect the preceding discussion. 3. The applicant also argued that conditions of approval2 through 4 are not necessary. But the hearings officer finds those conditions are warranted by the findings on pages 7 through 9 of the Staff Report. In effect the conditions require the applicant to do what the applicant proposed or is required to do by law. Although the conditions might be considered duplicative of the application and/or the law,they are warranted to ensure the applicant undertakes the proposed excavation and development as represented and required by law. They do not impose any material burden on the applicant if the applicant dces what 2 CDC 18.797.080.0 provides as follows: Where development witlun the riparian setback is unavoidable,construction materials or methods used wit6in the riparian setback area shall minimize damage to water quality and native vegetation. Hearings O„Q`'icer FinaL Order SLR 2000-00007 and 20000-00008 (Lowe's Mitigation) Page 3 the applicant said it would do. Therefore the hearings officer finds those conditions should be retained without changes. D. CONCLUSION Based on the fmdings adopted and incorporated herein,the hearings officer concludes that the proposed sensitive lands review applications comply with the applicable criteria and standards of the Community Development Code, provided development that occurs after this dec;ision complies with the recommended conditions of approval with changes warranted by the discussion herein and with applicable local, state, and federal laws. E. DECISION In recognition of the fmdings and conclusions contained herein, and incorporating the Staff Report and other reports of affected public agencies and testimony and exhibits received in this matter, the hearings officer hereby approves SLR 2000-00007 and 2000- 00008 (Lowe's Mitigation), subject to the conditions of approval in Section II of the Staff Report with the following amendment: 1. Condition of approval 1 is hereby amended to read as follows: 1. The applicant and any contractor employed by the applicant for the project shall undertake development in the riparian setback zone in the manner described in the applications,incorporating the erosion contr�ol measures in General Note 11 on sheet 1 and on sheets 5 and 6 of the preliminary plans, the measures described in Mr. Banker's August 7, 2000 letter to the hearings officer and other relevant aspects of the applications. Excavated soils shall not be stored in the riparian setback area. Most of the Reed canarygrass shall be retained in the riparian setback zone where excavating machines will travel or operate until after completion of excavation so it provides a stable base for excavating equipment. The planning manager shall modify this condition to conform with requirements of the Unified Sewerage Agency, USCOE or ODSL in the event such requirements conflict with this condition. DATED this 8th day of August, 2000. Lazry Epste , P City of Tigard Hearings Officer Hearings O,�`'icer Final Order SLR 2000-00007 and 20000-00008 (Lowe's Mitigation) page 4 � Agenda Item: 2.1 Hearing Date: August 7, 2000 Time: 7:00 PM STAFF REPORT TO THE .� HEARINGS OFFICER CITYOFTIGARD Community�DeveCopment FOR THE CITY OF TIGARD, OREGON S(apingA�Better�ommur:ity 120 DAYS = 10/12/2000 SECTION I. APPLICATION SUMMARY FILE NAME: LOWE'S HARDWARE WETLAND MITIGATION (a� FOWLER MIDDLE SCHOOL FILE NOS.: Sensitive Lands Review (SLR) SLR2000-00007 Sensitive Lands Review (SLR) SLR2000-00008 PROPOSAL: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of tl�e Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. APPLICANT: Lowe's Home Improvement, Inc. OWNER: Tigard/Tualatin School Dist. 1530 Faraday Avenue, Suite 125 Attn: Ron Hudson Calsbad, CA 92008 13137 SW Pacific Highway Tigard ,OR 97223 CONSULTANT: David Evans and Associates, Inc. Attn: Kristina Gifford Mckenzie 2828 SW Corbett Avenue Portland, OR 97201 COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential. ZONING DESIGNATION: R-4.5. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1 S134DD, Tax Lots 00900 and 01000. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. SECTION II. RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Sensitive Lands Review will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEAR�NGS OFFICER PAGE 1 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HAR�WARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL l CONDITIONS OF APPROVAL PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED (UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE BRIAN RAGER IN THE CITY OF TIGARD ENGINEERING DEPARTMENT): 1. Provide additional information on the construction materials and methods that will be utilized for construction of the overflow channel. The construction must utilize equipment designed to minimize ground disturbances and the methods must be consistent with other requirements of the Water Resources Overlay standards. Specific details needed include: the type of equipment to be used, the area impacted, and how the construction methods will insure that there is no more impact than necessary for the construction. 2. Install approved erosion control measures prior to construction. Erosion control measures may not be removed until construction has been completed. 3. Install construction fencing around trees within the work area to insure that they are protected. Staff Contact: Julia Hajduk, Planning Division. 4. Prior to construction, the work area shall be staked and clearly marked. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18} MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICERS DECISION. �ECTION III. BACKGROUND INFORMATION The applicant has received approval to remove wetlands and culvert a stream on the Eagle Hardware (now Lowe's) site. The approval required mitigation. The applicant has received approval from the US Army Corps of Engineers and DSL to mitigate the wetlands within the Fanno Creek 100-year floodplain, on property owned by the Tigard-Tualatin School District. The 3.1-acre mitigation site contains a segment of Fanno Creek and adjacent wetlands with vegetation dominated by Reed canarygrass, a non-native, invasive species. The site currently provides flood storage and some water quality benefit, but little habitat diversity or structure. The mitigation project will enhance existing wetlands by removing Reed cana grass and re lanting the site with native trees, shrubs, and other herbaceous vegetation. The proposed planting will establish Oregon ash forest, willow shrub, and mixed emerg ent communities similar to those found in nearby wetland areas. Native tree species, including Red osier dogwood and Pacific willow, will be established along approximately 400 feet of the bank of Fanno Creek. There will be streambank work in Fanno Creek to construct the overflow channel connections. Fanno Creek is listed as a major stream on the Water Resources Overlay Map. There are City inventoried and jurisdictional wetlands within the area. Because the proposal involves work along the floodway, Sensitive Lands Review (�SLR) approval by the Hearings Officer is required. Because there is work occurring in the City Inventoried wetlands, Type II Water Resources Overlay review is required. The City is workin� on a wetland mitigation and trail project on this site as well. The applicant and the City are coordinating and the City's project location has been shown on the applicanYs plans for reference. SECTION IV APPLICABLE REVIEW CRITERIA AND FINDINGS SENSITIVE LANDS Section 18.775 states that the Hearings Officer shall have the authority to issue a sensitive lands permit in the 100-year floodplain by means of a Type IIIA procedure, as governed in Section 18.390.050, using app roval criteria contained in Section 18.775.070 B-E. Sensitive lands permits shall be required for any ground disturbance in the floodway. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 2 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL r , � Wi in he 1 - ear flood lain. The Hearings fficer shall a�prove, approve with conditions or deny an application req uest 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; The landform alterations propose no fill, only excavation/removal of material for creation of an overflow channel. The overflow channel will not increase flood levels during the base flood discharge. 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 appficable zoning standards; The proposed wetland mitigation project is not a development project. The only alterations proposed within the floodpfain are soil excavation for creation of the overflow channel and connection of the overflow channel to Fanno Creek as part of a wetland enhancement proJ ect. While the site is zoned residential (R-4.5), it has an open space overlay designation and is currently used as pubfic open space and will continue to be used as public open space when the proposed wetland enhancement project is implemented. The use of the site is similar to those uses listed above - particularly "community recreation uses" - which are allowed in areas with residential zoning. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100- year flood; The land form alteration proposed is excavation of an approximately 580-foot-long overflow channel connecting at bofh ends to Fanno Creek. This work will not result in net fill within the floodplain, but will rather result in net removal. It will not result in an increase in the water surface elevation of the 100-year flood as certified in the Hydraulic and Soils Report. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; The City of Tigard is in the process of developing a pedestrian pathway between Tigard Street and Tiedeman Avenue across the Fowler Middle School site. The pathway will cross the wetland mitigation site proposed by the applicant. The location of the pathway is indicated on the plans, however, the trail is not a part of the land use action proposed by this applicant. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; As stated previously, this project does not involve the construction of a bicycle path, therefore, this standard is not applicable to this proposal. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and Permits were obtained from both the Corps (#99-199) and Oregon Division of State Lands (DSL) (RF-16790) for both the wetland impacts to occur at the Lowe's Home Improvement Warehouse store site and the compensatory wetland enhancement work to be carried out at the Fowler Middle School site. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 3 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of dedication of su�cient 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 site of the proposed wetland enhancement project currently consists and will continue to consist of open land area. Since the site is already dedicated to public use, no further dedication of land within the floodplain is necessary. FINDING: Based on the analysis above, the Sensitive Lands Review criteria for alterations within the 100-year floodplain have been met. Within Drainagewavs. The appropriate approval authority shall approve, approve with conditions or deny an application request for 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 the extent greater than that required for the use; Landform alteration within the floodway will consist of connecting both ends of the overtlow channel to Fanno Creek, and thereby altering the banks of Fanno Creek at the locations where the overflow channel connects to it. It is necessary to connect the channel to Fanno Creek in order to provide fish habitat without creating a fish "trap" as the higher flows recede. The disturbance to the banks of Fanno Creek is the minimum necessary to accommodate the proposed use. 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 landform alteration will not result in erosion, sedimentation, ground instability, or other adverse on or off-site effects. The channel will be stabilized with coconut erosion control fabric and live staking with woody species. In addition to the channel work, live staking proposed along Fanno Creek will increase streambank stability. The water flow capacity of the drainageway is not decreased; The proposed work will not decrease the water flow capacity of the drainageway. The project does not involve any obstruction or filling of the drainageway. As described in the Hydraulic and Soils Report, the water flow capacity of the drainageway will be increased rather than decreased by the creation of the overflow channel. 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; Vegetation will be removed to construct the overflow channel, however, it will be re-vegetated as shown on the mitigation planting plan with Oregon Ash and live staking. Non-native vegetation will be removed and native vegetation will be planted. The drainageway will be replaced by a public facility of adeyuate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan; The drainageway will continue to function and will not require replacement. The above criterion is not applicable. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvafs shall be obtained; 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 4 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL � • . Permits were obtained from both the Corps (#99-199) and DSL (RF-16790) for both the wetland impacts to occur at the Lowe's Home Improvement Warehouse site and the compensatory wetland enhancement work proposed at the Fowler Middle School site. Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of dedication of sufficient open land area within and ad�acent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrianlbicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. The above criterion is not applicable, as described previously in this report. FINDING: Based on the analysis above, the Sensitive Lands Review criteria for drainageways have been met. Wetlands Because the wetland is identified on the Water Resources Overlay Map and is, therefore, listed as a significant wetland on the Comprehensive Plan Map, the Water Resources Overlay standards apply in-lieu of the Sensitive Lands Review standards. Work on the wetland is permitted as a Type II decision with mitigation because the proposal involves a utility crossing. WATER RESOURCES DEVELOPMENT STANDARDS (18.797.0801 The following shall apply to all development, including native vegetation removal and excavation, within the WR overlay district. No application for a use identified in Section 18.797.050 shall be deemed complete until the applicant has addressed each of these standards in writing. Alternatives Considered. Except for stream corridor enhancement, most Type II and III uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and III development applications must carefully examine upland alternatives for the proposed use, and exPlain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. The proposed project is a stream corridor enhancement project and is, therefore, exempted from an alternatives analysis. FINDING: Based on the information above, this standard does not apply. Minimize Siting Impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. For Type II and III uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consisfent with best management practices; For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. The project is designed not only to minimize loss of native vegetation but to increase the amount of native vegetation on the site by replacing Reed canaryg rass, a non-native, invasive species, with the native species such as Oregon ash, Pacific willow, Red-osier dogwood, Twinberry, Pacific ninebark, Nootka rose, Slough and Saw-beak sedges, Tall manna grass, and Small-fruited bulrush. The project will have a beneficial, rather than adverse,hydrologic impact on water resources because the proposed overtlow channel will Provide increased flood storage capacity. The applicant has indicated that excavation will be mited to the area needed for the overflow channel. Erosion will be minimized by lining the overflow channel with erosion control fabric, and placing temporary sediment barriers and bio-filter bags for check dams. Disturbed areas of the site will be seeded with native seed. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 5 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL The Hydraulic and Soils Report has been Prepared by Richard Attanasio, P.E., a civil engineer with experience in water quality. He indicated that the proposed project will not result in any adverse water quality impacts, but rather will provide water quality benefits. Because the proposed project is an enhancement project, it and must occur within the water resource and riparian setback areas. FINDING: Based on the analysis above, the project will minimize site impacts as much as possible while still providing for the required enhancement. Construction materials and methods. Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. The project will occur within the riparian setback area. The applicant has indicated that the construction materials and methods used will not cause damage to water quality or native vegetation, however, they have not provided details on the construction methods and tools that will be utilized. There is certain equipment that is more suitable and less intrusive in the wetland areas than others and the tools used to accomplish the enhancement need to be the least intrusive to the remainder of the site. A condition is needed for the applicant to provide information on what types of tools will be utilized and how these tools provide the least disturbance to the wetfand that is realistic. FINDING: Based on the analysis above, this standard has not been fully addressed. If the applicant complies with the condition listed below, the standards will be fully met. CONDITION:Provide additional information on the construction materials and methods that � will be utilized for construction of the overflow channel. The construction must utilize equipment desi�ned to minimize ground disturbances and the methods must be consistent with other requirements of the Water Resources Overlay standards. Specific details needed include: the type of equipment to be used, the area impacted, and how the construction methods will insure that there is no more impact than necessary for the construction. Minimize flood damacte. Abovegrvund residential structures shall not be permitted within the WR overlay district, where such land is also within the 100-year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base f(ood elevations on- or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain shall be designed consistent with Chapter 18.775, Sensitive Lands. No above-ground residential structures are planned within the WR overlay district as part of the proposed wetland enhancement project. On-site flood storage capacity will not decrease as a result of the project, in fact, the pro�ect will increase on-site flood storage capacity. FINDING: Based on the analysis above, this standard has been met. Avoid steep slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25% or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. No excavation or vegetation removal is proposed on areas with slopes of 25 percent or �greater. Slopes on the site range from less than one percent to nine percent. Soils mapped for these sites are Cove silty clay loam with slow runoff and slight erosion potential. FINDING: Based on the analysis above, this standard has been met. Minimize impacts on existing ve�.etation. The followin� standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 6 OF 11 SLR2000-00�07 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Temporary measures used for initial erosion control shall not be left in place permanently; The applicant has stated that temporary erosion control measures such as sediment barriers, bio-bags, and tree protection fence will be removed upon completion of construction and stabilization of disturbed areas. The coir lining of the overflow channel will remain, as removal would disturb wetland vegetation. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation; The applicant has indicated that enhancement construction areas will be field staked prior to construction, and tree protection fencing will be installed prior to grading. A condition to this affect is necessary. Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area; The applicant has stated that trees will not be used to anchor equipment. The trees will be protected during grading operations by tree protection fencing, which will help insure that this standard is complied wi{h. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place; The project will not involve falling and removing trees. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. The applicant has stated that no permanent stockpiling of soil will occur as part of the proposed project and that excavated soil material will be removed from the site. FINDING: Based on the analysis above, staff can not find that these standard have been fully met. If the applicant complies with the conditions specified below, the standards will be mef. CONDITIONS: . The applicant shall install construction fencing around trees within the work area to insure that they are protected. . Prior to construction, the work area shall be staked and clearly marked. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Vegetation mitigation plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.797.100, a mitigation plan shall be prepared and implemented. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis; The proposed work is considered to constitute a Type II use within the water resource site, however, since the proposed project is an enhancement project and will not decrease the buffer, mitigation is not required. 8/7l2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 7 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Where approval is �ranted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacin non-nat�ve vegetation witfiin the remaining, protected riparian setback area on a 1�:1 basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re-planted with native plant species; No riparian areas will be lost to development or reduced, therefore, the above criterion is not applicable. The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. The proposed project involves removing non-native Reed canary grass and re-planting the site with native species. The area will be monitored for five years and will achieve an 80 percent survival rate, in accordance with the Corps and DSL permits: Because this is required by DSL and the US Army Corps of Engineers, no additional conditions are needed. FINDING: Based on the analysis above, these standards have been met. Water and sewer_in_fi_Itration and discharae. Water and sanitary sewer facilities shall be designed, located and constructed �o avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. No water or sanitary sewer facilities will be located on the site of the proposed wetland enhancement project. The above criterion is not applicable. FINDING: Based on the analysis above, this standard is not applicable. On-site systems. On-site septic systems and private wells shall be prohibited within the WR overlay district. No on-site septic systems or private wells are proposed as part of this wetland enhancement project. The above cntenon is not applicable. FINDING: Based on the analysis above, this standard is not applicable. Erosion control plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion; The applicant has submitted an erosion control plan which will insure that visible and measurable erosion control measures will be minimized. A condition will be attached requiring the erosion control measures to be in place prior to construction and removed only after the construction is complete. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only; The disturbed area surrounding the construction of the overflow channel will be confined to that area of the site. The disturbed area will be seeded and mulched upon completion of construction activities. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction; 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 8 OF 11 SLR2000-00007 and SLR200o-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL � Planting will take place between September and November. The work will be conducted consistent with the DSL/Corps joint permit, which requires dry season construction of the overflow channel. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more dur�ng construction, shall be mulched and seeded; All excavation shall be completed in the low-water period (June through September). The only exposed soils will be located in and near the proposed overflow channel. The sides and bot�om of the overflow channel shall be lined with coir fabric. The area surrounding the construction of the overflow channel will be seeded and mulched upon completion of construction activities. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff; Sediment barriers and check dams are planned for control of sediment on-site. A stabilized pad of gravel shall be constructed at all entrances and exists to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site; The plans provide for a stabilized pad of gravel to be used for entrance to the construction site. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation; No topsoil will be stripped. Plantin details call out the necessary soil amendments to support survival. Soil excavated for �he overflow channel will be removed from the site to increase wetland areas and flood storage capacity. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways; Sediment will be controlled on the site, and is not expected to be carried into streets, water resources, or onto adjacent properties. The applicant has indicated that they understand that if sedimentation were to affect the aforementioned areas, cleanup and repair would be the responsibility of the applicant. Any other relevant provisions of the Erosion Prevention and Sediment Control Plans Technical Guidance Handbook (City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. The plans have been designed using the standards above. The Planning Director will not require any additional requirements. FINDING: Based on the analysis above, these standard have not been fully met. If the applicant complies with the condition specified below, the standa�ds will be met. CONDITION:Prior to any site work, all erosion control measures must be in place and may only be removed after the construction is completed. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 9 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Plan Implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control or Re-vegetation Plan shall be implemented and maintained as follows: Erosion control measures shall be installed prior to any strippin� or excavation work; The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly; Eroded sediment shall be removed immediately from pavement surfaces, ofF-site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts; Water containing sediment shall not be flushed into the surface water management s�stem, wetlands or streams without first passing through an approved sediment filtering fac�lity or device; In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. The applicant has submitted an erosion control plan that will insure the standards are met. A condition will be required that the tree protection fence and sediment barriers be installed Prior to grading. The channel shall then be excavated and lined with erosion control fabric. n addition, the applicant has indicated that the contractor shall inspect and maintain erosion control measures daily until the disturbed areas are stabilized and that the contractor shall be responsible for cleanup of any sediment leaving the grading area. FINDING: Based on the analysis above, the applicant's plan indicates that the above standards will be sa�isfied. � Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. T e III Conditional Uses. The procedural and substantive provisions of Chapter 1 .330, Conditional Uses, in addition to Section 18.797.080 L1-2 below and 18.797.080A-K above, shall apply to determine whether a Type III use listed below may be approved. The applicant for conditional use approval sFiall: Demonstrate that there will not be any net loss in the values of the resource area; and Submit a detailed mitigation plan to show that any loss of riparian values will be fully compensated through the enhancement program. The proposed wetland enhancement project is a permitted use. The proposed activities include removal of non-native vegetation and replacement with native plant species, and in- stream and streambank enhancement within 10 feet of the top of bank or edge of wetland which are classified as Type I and II permitted uses. Because the proposed uses are not Type III, the above requirement is not applicable to the project. FINDING: Based on the analysis above, this standard is not applicable. SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division, City of Tigard Engineering Department, City of Tigard Operations Department, City of Tigard Operations Utility Manager, and City of Tigard Police Department have had an opportunity to review the project and have indicated that they have no comments or objections. The City of Tigard Long Range Planning Division has reviewed the project and provided the following comments: Applicant should coordinate its project with the proposed City sponsored mitigation proJ ect located on Fowler School property adjacent to applicanYs pro�ect and scheduled for Fall 2000 construction. Staff Response: Staff has been informed that the applicant and the City are coordinating efforts in regard to design, timing and implementation of the two projects. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 10 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL f � ' . � SECTION VI. AGENCY COMMENTS Unified Sewe�age Agency and the Division of State Lands have reviewed the project and indicated that they do not have any comments or objections. Oregon Department of Fish and Wildlife, US Army Corps of Engineers, Oregon Department of Environmental Quality, and the Tigard-Tualatin School District were given the opportunity to review the project and did not provide comments prior to the preparation of this report. , July 14. 2000 PREP ED BY: Julia owell Hajduk DATE Associate Planner � � July 14. 2000 APPROVED BY: Richard Bew dorff DATE Planning Manager i:\curpl nyulia�s12000-07(Lowe's).doc 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 11 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL � . f . , • � i` �i I ---r--- -- -- -- -- - -- - ----.—_—___—________ SW TIGARD STREET .___ - - ---- --- - . - - -- T-- "�--'- -- � -- I I � � ; � — , I � , 11 ll 11 � � ������ I lllllllll Ill lllll � . � � ( 1 llllllllll l 'i�/ � % llllllll llllillllll 111 , � . � � Illl 1111",`•llllll •�/ � l l l l U l l , �l/ - l l lll 1 , l l 1111 lililltll llllYl I111 � ll 11 . � ll ll ll I l ' 1 1 11111111 lllll l lll / � 1 ll ll 1 � "� • •• li l llllll all llllil� illl- 'r O m�il l l ll 1 I lll � •. 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I � CITY Of TIGARD � HEARINGS OFfICER CITYOFTIGARD Community�DeaeCopment AUGUST 7� L�00 � 7:00 PM SFtapingA BetterCommunity AGENDA I. CALL TO ORDER 2. PUBLIC HEARING 2.1 L4�C�'�J1Af3_D�CABE WETLAND M1?IGATION @ F0�(1ER MIDDLE SCHOOL SENSITIVE LANDS REVIEW (SLR) 2000-00007 SENSITIVE LANDS REVIEW (SLR) 2000-00008 The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resource5 Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the �ity as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCfM IS134DD tax lots 00900 and 01000. ZONE: R-4.5; Single-family Residential (1,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low-density residential home sites. APPLICABLE REVIEW CRITERIQ: Community Development Cade Chapters 18.390, 18.175, and 18.791. 3. OTHER BUSINESS 4. ADJOURNMENT CITT OF TIGARD HEAIUNG'S OfFICEA PAGE 2 OF 2 8/1/2000 PUBLIC HEARING AGENDA i CITY OF TIGARD HEARING'S OFFICER AUGUST 7, 2000 — 7:00 PM TOWN HALL TIGARD CITY HALL, I 3 I 25 SW HALL BOULEVARD TIGARD, OR 97223 �..iw��ii��is.�f ii��r���.r.z h-.riii�.r.r,r�s�f r r<r��r s t��f���.�.�.��►Iiil/7r��.r..-.�.r r.F.�.�..rif�.�.+.�rw�-.r�i��i�i��iiiil.►rs�r�r � � � r ----__�I1� Anyone wishing to speak on an agenda item must ; � ; ; sign-in on the ap ro riate si n-in sheets. ; ; PP g ; �iiiiiiiiiiiii�i.►.v.►ii��i��i��i�..-r-r r rrs+��r-����r�rr->..r..��..r t.+....��,..,.�-r...�r.r...x s.�r�w i i.�.�.csi.�,�r.iriri�i�iiii.�i�������.��.��� PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Monday prior to the meeting. Please call (503) 639-4171, Ext. 320 (voice) or (503) 684-�712 (TDD - Telecommunications Devices for the Dea�. Upon request, the City will also endeavor to arrange for the following services: ➢ Qualified sign language interpreters for persons with speech or hearing impairments; and ➢ Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above if you are requesting such services. (OVER FOR HEARING AGENDA ITEM(S) fITT OF TIGARD HENUNG'S OfFILER PAGE I OF 2 8/1R000 P116U(HEARING AGENDA 08/07/2000 13:29 FAX 5036847297 City of Tigard C�001 , ��$�������#��8�*&&�#� ��� TX REPORT ��� ���***��*�*���*���*�* TRANSMISSION OK TX/RX NO 0142 CONNECTION TEL 2202480 SUBADDRESS CONNECTION ID ST. TIME 08/07 13:29 USAGE T 00'22 PGS. SENT 1 RESULT OK CITY 0� TIGARD � HEARINGS Of f ICER ��noFT��ARD , commurcity�De�elopment AUGUST 7� 2000 - 7:OQ PM S6aping/`I�etter�ommu►uty ,,,�,�,, ���wM a,r,:?�.� ,}r• „ r A x N �., -, , ai A W,� 'a '�d �+��'�"�. a p���r�#6 p4n ,. ��, � '��1 Y.iD �. .r r p� p wP'v� � H�y�p�(1�.{� r � �� r { �p�d Ba�'�ri�,��, + o� �45 �4� 1�, �..��� ���"�7" FnaoN� ti! y �`� �r .;:1� � t���"���' ��� R w���p4 4�M'N���!,�d� T�S�r ��i ���C`���1 ��.j�+ �"f �� ��,�' „,"� '�y � �� � �" ���i��� pp� -0� �` e . ;,`,. �i{ , py$ ��^"��i'''�ct�+,p!,S�H �°�yAs , r'• x�`�� '+�{�i�� l I��,�f����a.Y.l �+^;��wyy, i ��`^'�i'��a�P"pt J�� C{ �,��o�q�?�^� 'r,�d� j� ...���1 � 15g �ygP V:r�a�i'y'�P�4,.,;.� ry ti 7 ..,����y l + �f � �li� ^ i i1 � e�. #r��g FK' Ni��'e�4"n�� ���'i� .''� `■ 1 � � . 1}� ,q I V'Oi 1 Irs,,:� �r� I�e ���'��a, <<2,� � 1 V,"ti9' f��i:�i���+"��K'4�a k� �i'+" �� ip � '�' � � S � f� E � � � u K i {u"t; � S �la,�. �P��,,�a�! �,9�m r����a,a���+t , ,�"�"'°kb,���° ���.�,��..�,r r��,�,���� � � ---- —��,G��'�'�����.,�����?,f�r'•#,• r4",.v���,�����d"kG"����f�.��"��!i'���� d 1 � 1 M r,w��Mti� �.n��7i "� ^� _g4 - �rarr'� t � � �"����� nrv.pde�, s�7�. !B� {�:. !. CALL TO ORDER � 2. PUBlIC HEARING - � 2.1 LO�CE�SJ�ARDWARE WETLAND MITIGATION FOWL�R M1DDL SCHO�L SENSITIVE I.ANDS REVIEW (SLR) 2000-00007 SENSITIVE LANDS REVIEVN (SLR) 2000�00008 1'he applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an ove�low channel and Type II Water Resources Overfar review far wedand mitigatioo within the we�and 6uffer area The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhandng the wetland in the proximity of Fow[er Middle School. LOfAT10N: North of Fowler Middle School, south of Tgard Street and west of Tedeman Stree� WCTM ES134DD tax lots 00900 and 01000. IONE: A-4.5; Single-Family Residentia! (1,500 Square Eeet) or (S,OOQ Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low-density residential home sites. APPLICABLE REYIEW CRlTERIA: ' Community Developmeot Code Chapters 18.390, 18.775,and 18.797. _ _. .:s�u __ .�, ._. . � � �cn DAVID EVANS AND ASSOCIATES, � z8zS S W Corbett Avenue Portland, Oregon gyzo� August 7, 2��� Tel: So3.zz3.GGGj Fax: 5oj.zzj.z�oi w Lawrence L. Epstein City of Tigard ' Public Hearings Office Engineering Department 13125 SW Hall Blvd. Tigard, OR 97223 REFERENCE: LOWE'S HIW SENSITIVE LANDS PERMIT CONDITIONS WETLAND MITIGATION SITE AT FOWLER �'IIDDLE SCHOOL SUPPLEMENTAL CONDITIONS INFORMATION SLR2000-00007 AND SLR2000-00008 Dear Mr. Epstein: Pursuant to the above-referenced Conditions of Approval, following is supplemental information intended to clarify the conditions. 1. Plans for the mitigation construction have gone out for bid,but no contractor has been awarded a construction contract as of this date. The normal construction equipment utilized for excavation of the overflow channel would be a wide-tracked hydraulic excavator to minimize ground disturbances. The area to be impacted by the overflow channel excavation is 0.59 acres/25,771 square feet. Tracked equipment impacts the ground less than rubber tire equipment. The existing reed canary grass will provide a buffering"mat" effect as it lies beneath the tracks. A tracked hydraulic excavator can complete the excavation work faster than a rubber tire vehicle, thereby lessening the time construction takes to complete. 2. The erosion control measures are noted on the Grading Plan, sheet 5 of 6, and the details of the measures are located on sheet 6 of 6. General Note #11 on the cover sheet(sheet 1 of 6) states that tree protection fencing and sediment barriers shall be installed prior to grading and maintained throughout construction. 3. Sheet 5 of 6 calls for a double row of tree protection fencing and sediment fencing adjacent to the overflow channel to protect trees. 4. Surveyors shall clearly stake working limits prior to construction. £,,,� �:°� �.`� GLOBAL OElIGN ALLIANCE r � w I � FRANK M- F'.YNN ,,,,yW FIFTH AVENUE,SU1TE 2600 1� PORTLAND,OREGON 97204-1268 STOEL RIV ES i i�' ?EL(503)294-9623 FAX(503)220-2480 www.stceLcom I \ I 1 i� H ♦ I' � � fmFlvnn�stoel.com $EATtLF. PORTI.AND VANCOl1VFk,WA B��SE SALT Lw%ECT" WASHINGTON,D.C� I �l I I � - �cn m� Lawrence L. Epstein August 7, 2000 Page 2 Please contact us if you require additional information to clarify the above responses. We look forward to receiving your approval and commencing construction. Sincerely, DAVID EVAN AND ASSOCIATES, INC. �v Scott Banker Senior Landscape Architect SWB:pao o:\project\I\1hiw0000-0001\!docsU Ol-genl\epstein_ltr_8_7.doc i �� �cin �� LHIW0001-0001 PNS Revised 7/19/00 Legal Description Wetland Mitigation Site Fowler Middle School Lowes Hardware A tract of land situated in the Southeast Quarter of the Southwest Quarter of Section 34,Township 1 South, Range 1 West, Willamette Meridian, in the City of Tigard, Washington County,Oregon and being a portion of the properties descnbed in Bargain and Sale Deeds to School District#23-J, which were recorded on September 24, 1980 as Document Number 80033695,and June 6, 1969 in Book 745, Page 911,Washington County Book of Records and being described as follows: Commencing at a centerline monument at Southwest T'igard Street and Southwest Tiedeman Avenue; thence North 88° 18' S8" West, a distance of 397.81 feet along the centerline of Southwest Tigard Street; thence South 1°41' 02" West, a distance of 20.00 feet to the nght-of-way and the TRLTE POINT OF BEGINNING of this description, thence leaving said right-of-way South 52° 30"00" East, a distance of 19.20 feet;thence South 6° 26' 46" East, a distance of 35.17 feet; thence South 5° 33' 35" West,a distance of 36.50 feet;thence South 28°28' 37" West, a distance of 85.61 feet; thence South 42°46' 34" West, a distance of 112.61 feet; thence South 11° 37' 23" West,a distance of 82.15 feet; thence South 32° 02' 48" West, a distance of 304.44 feet; thence North 70° 25' 10" West, a distance of 49.52 feet; thence North 22° 14' 04" East, a distance 123.65 feet;thence North 61° 38' 14" West, a distance of 48.19 feet; thence South 90° 00' 00" West, a distance of 66.77 feet;thence North 9° 28' 07" East, a distance of 8.30 feet; thence North 55° 43' S3" East,a distance of 125.18 feet;thence North 3° 21' 09" West, a distance of 63.66 feet; thence South 83°27' 25"West, a distance of 255.73 feet; thence South 4° 26' 38" West, a distance of 42.07 feet; thence North 85° 50' 36"West,a distance of 51.32 feet;thence South 10°33' 20" West, a distance of 95.27 feet; thence South 87°39' 38" West, a distance of 35.54 feet;thence North 0° 55' 11"East, a distance of 50.18 feet; thence North 85°48' 20" West, a distance of 40.83 feet; thence North 56°27' 08 West,a distance of 90.27 feet; thence North 2° 22' 47"East,a distance of 181.07 feet; thence North fi6° 16' S6" East,a distance of 102.73 feet; thence North 89° 50' 23"East, a distance of 129.45 feet;thence South 63° 59' 36" East, a distance of 27.49 feet; thence North 82° 37' 07" East,a distance of 45.64 feet;thence South 84° 22' 02" East, a distance of 106.40 feet; thence North 67°22' 39" East,a distance of 145.37 feet;thence North 85°48' 26" East,a distance of 90.88 feet; thence South 55° 06' S7" East, a distance of 48.78 feet;thence North 81° 27' S3"East,a distance of 76.25 feet; thence North 22°09' 08"East,a distance of 49.83 feet;thence North 8° 17' 47"West, a distance of 44.71 feet;thence South 88° 18' S8" East,a distance of 6.21 feet to the TRUE POINT OF BEGINNING. The tract of land to which this description applies contains 183,286.3 square feet,more or less. REOISTERED PROFESSIONAL LAND SURVEYOR b 0 ORE�ON �uLr 25, �99� PATRICK N. SMITH 2s2s o:\project\I\1hiw0001�survey�legaladoc RENEWAL 6 30 02 �� � � � . . � , � � I � � I I � S� T/ ' . F ' P01NT OF � O��Gl,4� � \ ' BEGINNING \ � ,9 � � , �` �^,� I �� ' `` �V ^ �..� � 1 i \ W � � / . \ , . �� � ` � , . Ni r �� , � �� I � � i � ' I \ I � � Q � \` � i �\ . ~ \� 1 � � � � ' �,' � � J I , 1 W , � � � � �� , � o � SCHOOL � ' � � DISTRICT � � � � I #23-J ``\. � � ,- L ,DOC. N0. 80033695 - -- __� � __ l , � a -� ' � -- -- -- � ' ` � � SCHOOL I � � w3 �� DISTRICT � - - - -� #23-J � __ __ __ __ __ BOOK_745, PAGE 911 - I J 0 100 200 400 PR°'�` EXHIBIT B �' � C n '� WETLAND MITIGATION SITE 1 FOWLER MIDDLE SCHOOL DXG. Ra. PROJEC[ SCALB Al�ND1IENT N0. Ov LHITIEXI LHIT0001 1"=200' 1.0 � DRA►N BY DESICN B1' APPBOVED 8Y OATL 8XA PNS PNS 07/19/2000 1� � � d��« `j• ��'� UNiTED STATE8 DEPAiaTMEM OF COMMEACE � •`� Nationai Ocsenic and Atmospheric Administ.ratlo� 7•�� NATIONAL MARINE FISHERIES SERVICE '►+ns a Northwest Region 7600 Sand Point Way NE Bin C15700,Bldg. 1 ' - Seattle,Washington 98115-0070 January 20, 2000 Mr. Lawrence C. Evans Chie�Regulatory Branch Corps of Engincers, Portland District P.O. Box 2946 Portland,Oregon 97208-2946 Re: Section 7 Informsl Consultation for the Eagle Hardware Project, Corps of Engineers Permit Application No. 99-199 Dear Mr. Evans: The National Marine Fisheries Strvice(NMFS)has review�d the Corps of Engineers(COE� request of September 20, 1999,for informal consultation for a streaan channel diversion and wetlaad 5ll projoct in a tributaty of Red Rock Creek,within the Fanno Creelc Watershed in Tigard,Washington County,Oregon. In t�Septe�mber 20, 1999,lettu,the COE determined that the proposed project may affxt Uppa Willamette River stalhead but is not likely to adversely affcct the species or its critical habitat. Modifications to the proposed action w�ere made subscquent to the COE request. Additional information was pravided on November 18, -----�-- 1.999,detailing additional habitat mitigation actions. The NMFS is consulting under the . �_ _ authori of section 7 a o�e - -. --- - _ tY E �� �Ser�ed_�pecies A�t-(F.SAj�and�fis-�plementing--.— -- -- - regulations, 50 EFR Part 442,, - - _ _ - Upper Willamette Rive.r stalhead(Onco�hynchus mykiss)may occur in t�project vicinity. Upper Willamette.River stalhead v�r�ere Gsted as threatened under the FSA by NMFS on March 25, 1999(64 FR 1451'n. Critical babitat was pruposed for the Uppa Willamette River steelhead on February 5, 1999(64 FR 5740�,and includes all river reaches eacessible to listed stcelhead in the Willame�tte�River and tribirtaries above Willameue Falls,plus the river reaches of the Willamette River and Columbia River downstream of Willamette Falls. Criticai habitat consists of the watcr, substrate, and adjacent riparian zone. The proposad action for commerrcial development involves diverting a segment of a tributary of Red Rock Creek into a culvert and 5lling adjacent wetlands. Included as part of the proposed action is the restoration and enhancement of stream channel and riparian habitat. Approximately 500 fcet of the unnamed tributary stream will be divcrted into a culvert and 1 a�cre of riparian wetlands will be fill�d. Of the number of alternatives considered,the applicant indicatod that there were no viable alternatives that would allow�for the type of development being proposed, a home unpmvement store,while being able to maintain an open stream system. Offsite ,�...�.,,' ��� 3 P O � Prin�ed cxi Recycksl PaP« +4�,�..s� ,� „ . compensatory mitigation action was pmposed at two locations within th�Faano Creelc watcrshed. Stream channel restoration and habitat enhancement would occur at both sites. The first location is adjacent to Fanno Creek just upstir,am of the confluence of the Rod Rocic Creek. The proposed actioQ includes the creation of appmximately 500 fat of secondary overIIow channel and enhancing appmximately three acres of wetlands. The second location is along an unnamed tributary of Fanno Creek in the same vicinity as the first mitigation action. Approximately 100 feet of strcam channel and riparian area will be restored by removing existing culverts to restore an open stream channel and planting the riparian area. Site development and mitigation actions will involve use of heavy equipment to divert the unnamed�ibutary of Red Rock Croek,fill adjacent wetlands,and construct the mitigation stream chann�l. Conservation measures will include incorporating erosion prot�ection measures such as silt fencing around active construction area.s,silt barriers within drainage ways,and covering aad/or planting all bare ground upon completion of giading activitiea. Woric on newly constructed,or restored strcam channels,will be done outside of the actively flowing str�am,and chaanels will be planted or otherwise�eatod to minimiu the amount of ia�haanel aosion during the reestablishment of str+eam flow. � The COE evaluated the scope and nature of the projxt including the loss of the stream chaanel, the incorporation of conservation measures,and the nstoration and enhance,nnent of a streain channel. The COE considered the cunent conditiona at the project site that w�ould su�port thc indicated listed fish;the cxisting downstream migration bsrriera for the indicated listed 5sh;the cun�ent effects of upstream urban development on water quality and water flowa;and p�+oposed enhancement and restoration to stream and riparian habitat. T�e COE concluded that the PI'oPosed work may affect,but is not likely t�advecsely affect the species indic�ted above. NMFS has evaluated the proposed actiion and the CDE requat. NMFS continues to be . - - _ _ _ -- eonceiaed witli�-devcfo�ent-and di'spiacc�e�t o�"upperi+vat�shed-wet�end-sh+�.�-.—�tie''°:�-::_:° -.-;:-_ ProP��action will rts�ilt in displacing and burying a small stream segment in a culvert with associated loss of riparian habitat and wetlands. Hesdwater strcam and as.4ociated wetlands can be vital in providing seagonal5sh habitat and as a source of high�quality wa�r and nutrients downstream. NMFS is interesLed in pTOtecting and restoring watershed conditioa�as theY�Y affe�t survival and rocovay of listod fish. NMFS encourages developmeat setbacics along stceams and wetlands and habitat restoration where feasible. Whaz b�eseline watershed conditions continue to be degraded,the greater the likelihood that any future action would adversely affect listed fish. NMFS has considered the effects of the project on the listed fish poputatioa and ib habitat The proposod action is located in the Fanno Crecic watershod in an upper,unnamed tributa�ry to Red Rocic Creek. Fanno Creek is a tributary to the Tualatin Rives. The current distribudon of listed fish is limited w the Tualatin River,with some potential use of Fanao Creelc and lowa portions of Red Roelc Crak. Upstream migration of listed Ssh is signific�ntlY imPaired b'Y aumerous in- chaanel barriers as a res�ilt of road construction and general urban developmeot Where fisb 2 � distribution has ban significandy affected by artificial barriers,NMFS considers the potcntial effects of the proposed action if barriers were removed. Base�i on information provided,lustoric use of the tributary at the site by listed fish was low. Currendy the stream can be characteriud as a fairly narrow and shallow headwater stream of low to moderate gradient,with an unconsolidated bed of fine sediments. The cun�ent conditions would pmvide limited potential to support listed fish. The habitat and stream system characteristics indicate that the projxt site would be at the upper limits of the natural range of the species. NMFS does not expect the pmposed action to directly affect the listed fish,or reduce potential to restore cond.itions that would support them. NMFS has considered the effods of the proposed action to listed fish downstream of the project site as a result of chang�s to water quality and water quantity. Alterations of watershed features including surfac�area, wetlands,and riparisn areas can affcct in-s�eam water quality and flows locally and downstream. 'Ihe proposod action could adversely affe�t downstream conditions to the extent that it would result in an increaged discharge of pollutants or storm water,or that it would reduce the natural capacity of the str�eam and wetland to decrease pollutants and moderate flows. The proposed project would res�ilt in construction of a large parking lot Parking lots are a source of various pollutants and effcctively increase storm water discharge ratea and volumes. As part of the proposed project,water filtering and detention facilities have been included. The proposed facilities will remove suspended sediment,oils, and other organic pollutants,and pmvide storm wattr deteation for up to a SO year storm cvcnt,discharging flows dov�mstream at a rate equivalent to a two year storm evtnt. The P�Po�P�Ject will result in the loss of a riparian area including w�etlands,and th�e simplification of the stream. T�ese losxs would be expected to roduce water Sltsring aad rtttntiOn at the site. The watet quality as�ent report PnP�'�d for this projed has indicated that th�e in s�ram flow rates,the channel charscteristics, and siu of riparian wetlands did not provide nocessary detention times to significantly reduce suspend�d scdiments,retain nutrients,or.moderate flows. NMFS does not expect the proposed — --- -action,wlucb inclndes��acilitiei�=��t�-su�ce vva�;to-si�ca�tl�r.site�wats�:;�,`-_=- .: `-'�� quality or water quantity downsbream:'� �- - NMFS has considered the proposed compensatory mitigation as an element of t6e proposed project. The mitigation is intendod to offset impacts at the development site and improve stream conditions that support listed fish. The proposed mitigation will recrtate and mhance stream channel and wetland areas. The mitigation action is similar in scope and nature with the effxts of thc pmposed development. The mitigation site is located within the Fanno Criek system in close in pmximity to the development site. The mitigation action will increase streani channel length and provide habitat features that correlate with juvcnile salmonid rearing. Riparian planting will create physical conditions and processes that benefit listed fish. This c,an include pmviding water quality benefib,complex in•stream habitat, and stabilizing the stream baak. • Achieving intended benefits from mitigation is uncertain,however,NMFS considered restoration actions as potential benefib in the long tem4. Actual use of the tnitigation site by listcd 5sh ia the short term is not expocted. The relativ�e benefit of the proposed mitigation action ia the long term is consider similar to the relative adverse effect from the development action in th�long 3 � _� . ; term. In summary,the proposed action is not expeeted to directly affcct listed fish,is not expectcd to significantly affect stream conditions downstream, and will improve stream conditions in the long term. The NMFS concurs with the COE determination. Our concurrence is based on the understanding that: • Emsion protection measures will be in-place throughout the construction period; • the work will be conducted outside of the actively flowi.ng str+eam; . • the work will be conducted in accordance with in-watec work timing guidance as agreed to for this projxt; • all restoration actions, ineluding riparian and wedand plantings,will be completed as described in the supporting document; and • incraases of turbidity at the projcct sites will be minimal and temporary. The proposed action will not result in the destruction or adverse modification of designated critical habitat Thus,NMFS believes there will be insignificant and discountable effects to the spocies and,therefore,there is less than a negligible likelihood of incidental take of listed species due to this pmject . This concludes informal consultation on this action in accordance with 50 CFR 402.14(bxl). The COE must rcinitiate consultation if new informadon reveals t6at effects of the action may affect listed spocies in a way not previously considered;the action is modified'w a way that causes an cffect on listed spocies that was not previously considerod;or a new spocies is listed or criticai habitat is designated that may be affected by the action. - If you have any questi'onii�'gaidingtKs=Ce�r�plesaccaa�act]in�'Fin�na�-io-our-Orego�State-_- _ . _ Branch Office�at(503)231-6894. - � � Sincerely, � - William Stelle,Jr. Regional Adminis�ato� � cc: John Marshall-USFWS Greg Robart- ODFW ' Bill Parks-DSL Tom Melville-DEQ STOE�, R�� Dana Sie ' - David Evaas and Associate Rf�f r vEO 5 F • s�oe� �u�a JaN 2 4 � 4 CITY OF TIGARD Shamitg f7�Bet�er('ommuttity COMMUNITY DEVEIOPMENT DEPARTMENT PLANNIN6 DIVISION 13125 SW HALL BOULEYARD TI6ARD,ORE60N 97223 FAIi COVER SNEET oarE: July 17, 2000 TIME: T0: Kristina PHONE: 223-6663 David Evans & Assoc. FAx: 223-2701 fROM: Julia Hajduk, Associate Planner PHONE: (503) 639-4171 City of Tigard FAl(: (503) 684-7297 Planning Department RE: Lowe's Hardware Wetland Mitigation C: SLR2000-00007/SLR2000-00008 Land use file Number of pages including couer sheet: 12 As you requested, attached is the staff report to the Hearings Officer for the 8/7/2000 public hearing on this item. Please give me a call if you have any questions. Thank you. f; r 'r',; . �._ Agenda Item: 2.1 Hearing Date: August 7 2000 Time: 7:00 PM STAFF REPORT TO THE HEARINGS OFFICER CITYOFTIGARD Community�DeveCaprnent FOR THE CITY OF TIGARD, OREGON S�aln'tBABetterCommurrity 120 DAYS = 10/12/2000 SECTION I. APPLICATION SUMMARY FILE NAME: LOWE'S HARDWARE WETLAND MITIGATION C� FOWLER MIDDLE SCHOOL FILE NOS.: Sensitive Lands Review (SLR) SLR2000-00007 Sensitive Lands Review (SLR) SLR2000-00008 PROPOSAL: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overFlow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland tfiat is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wefland in the proximity of Fowler Middle School. APPLICANT: Lowe's Home Improvement, Inc. OWNER: Tigard/Tualatin School Dist. 1530 Faraday Avenue, Suite 125 Attn: Ron Hudson Calsbad, CA 92008 13137 SW Pacific Highway Tigard ,OR 97223 CONSULTANT: David Evans and Associates, Inc. Attn: Kristina Gifford Mckenzie 2828 SW Corbett Avenue Portland, OR 97201 COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential. ZONING DESIGNATION: R-4.5. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1S134DD, Tax Lots 00900 and 01000. APPLICABLE . REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. SECTION II RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Sensitive Lands Review will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 1 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL CONDITIONS OF APPROVAL PRIOR TO C�NSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED (UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE BRIAN RAGER IN THE CITY OF TIGARD ENGINEERING DEPARTMENT): 1. Provide additional information on the construction materials and methods that will be utilized for construction of the overflow channel. The construction must utilize equipment designed to minimize ground disturbances and the methods must be consistent with other requirements of the Water Resources Overlay standards. Specific details needed include: the type of equipment to be used, the area impacted, and how the construction methods will insure that there is no more impact than necessary for the construction. 2. Install approved erosion control measures prior to construction. Erosion control measures may not be removed until construction has been completed. 3. Install construction fencing around trees within the work area to insure that they are protected. Staff Contact: Julia Hajduk, Planning Division. 4. Prior to construction, the work area shall be staked and clearly marked. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICERS DECISION. SECTION III BACKGROUND INFORMATION The applicant has received approval to remove wetlands and culvert a stream on the Eagle Hardware (now Lowe's) site. The approval required mitigation. The applicant has received approval from the US /�rmy Corps of Engineers and DSL to mitigate the wetlands within the Fanno Creek 100-year floodplain, on property owned by the Tigard-Tualatin School District. The 3.1-acre mitigation site contains a segment of Fanno Creek and adjacent wetlands with vegetation dominated by Reed canarygrass, a non-native, invasive species. The site currently provides flood storage and some water quality benefit, but little habitat diversity or structure. The mitigation project will enhance existing wetlands by removing Reed canaryg rass and replanting the site with native trees, shrubs, and other herbaceous vegetation. The proposed planting will establish Oregon ash forest, willow shrub, and mixed emerg ent communities similar to those found in nearby wetland areas. Native tree species, including Red osier dogwood and Pacific willow, will be established along approximately 400 feet of the bank of Fanno Creek. There will be streambank work in Fanno Creek to construct the overflow channel connections. Fanno Creek is listed as a major stream on the Water Resources Overlay Map. There are City inventoried and jurisdictional wetlands within the area. Because the proposal involves work along the floodway, Sensitive Lands Review (SLR) approval by the Heanngs Officer is required. Because there is work occurring in the City Inventoried wetlands, Type II Water Resources Overlay review is required. The City is workin� on a wetland mitigation and trail project on this site as well. The applicant and the City are coordinating and the City's project location has been shown on the applicanYs plans for reference. SECTION IV APPLICABLE REVIEW CRITERIA AND FINDINGS SENSITIVE LANDS Section 18.775 states that the Hearings Officer shall have the authority to issue a sensitive lands permit in the 100-year floodplain by means of a Type IIIA procedure, as governed in Section 18.390.050, using app roval criteria contained in Section 18.775.070 B-E. Sensitive lands permits shall be required for any ground disturbance in the floodway. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 2 OF 11 SLR2000-00007 and SLR2000-OOOo8 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Wi hin he 100- ear fl d lain. The Hearings fficer 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; The landform alterations propose no fill, only excavation/removal of material for creation of an overflow channel. The overflow channel will not increase flood levels during the base flood discharge. 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 des�gnated residential subject to applicable zoning standards; The proposed wetland mitigation project is not a development project. The only alterations proposed within the floodpfain are soil excavation for creation of the overflow channel and connection of the overflow channel to Fanno Creek as part of a wetland enhancement proJ ect. While the site is zoned residential (R-4.5), it has an open space overlay designation and is currently used as public open space and will continue to be used as public open space when the proposed wetland enhancement project is implemented. The use of the site is similar to those uses listed above - particularly "community recreation uses" - which are allowed in areas with residential zoning. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100- year flood; The land form alteration proposed is excavation of an approximately 580-foot-long overtlow channel connecting at both ends to Fanno Creek. This work will not result in net fill within the floodplain, but will rather result in net removal. It will not result in an increase in the water surface elevation of the 100-year flood as ce�tified in the Hydraulic and Soils Repo�t. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; The City of Tigard is in the process of developing a pedestrian pathway between Tigard Street and Tiedeman Avenue across the Fowler Middle School site. The pathway will cross the wetland mitigation site proposed by the applicant. The location of the pathway is indicated on the plans, however, the trail is not a pa�t of the land use action proposed by this applicant. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; As stated previously, this project does not involve the construction of a bicycle path, therefore, this standard is not applicable to this proposal. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and Permits were obtained from both the Corps (#99-199) and Oregon Division of State Lands (DSL) (RF-16790) for both the wetland impacts to occur at the Lowe's Home Improvement Warehouse store site and the compensatory wetland enhancement work to be carried out at the Fowler Middle School site. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 3 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Where landform 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 ad�acent 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 site of the proposed wetland enhancement project currently consists and will continue to consist of open land area. Since the site is already dedicated to public use, no further dedication of land within the floodplain is necessary. FINDING: Based on the analysis above, the Sensitive Lands Review criteria for alterations within the 100-year floodplain have been met. Within Drainageways. The appropriate approval authority shall approve, approve with conditions or deny an application request for 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 the extent greater than that required for the use; Landform alteration within the floodway will consist of connecting both ends of the overflow channel to Fanno Creek, and thereby altering the banks of Fanno Creek at the locations where the overflow channel connects to it. It is necessary to connect the channel to Fanno Creek in order to provide fish habitat without creating a fish "trap" as the higher flows recede. The disturbance to the banks of Fanno Creek is the minimum necessary to accommodate the proposed use. 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 landform alteration will not result in erosion, sedimentation, ground instability, or other adverse on or off-site effects. The channel will be stabilized with coconut erosion control fabric and live staking with woody species. In addition to the channel work, live staking proposed along Fanno Creek will increase streambank stability. The water flow capacity of the drainageway is not decreased; The proposed work will not decrease the water flow capacity of the drainageway. The project does not involve any obstruction or fillin� of the drainageway. As described in the Hydraulic and Soils Report, the water flow capacity of the drainageway will be increased rather than decreased by the creation of the overflow channel. 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; Vegetation will be removed to construct the overflow channel, however, it will be re-vegetated as shown on the mitigation planting plan with Oregon Ash and live staking. Non-native vegetation will be removed and native vegetation will be planted. 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 continue to function and will not require replacement. The above criterion is not applicable. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 4 OF 11 SLR2000-000o7 and SLR2000-00008 LOWE'S HARDWARE WETIAND MITIGATION @ FOWLER MIDDLE SCHOOL Permits were obtained from both the Corps (#99-199) and DSL (RF-16790) for both the wetland impacts to occur at the Lowe's Home Improvement Warehouse site and the compensatory wetland enhancement work proposed at the Fowler Middle School site. Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain,.the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. The above criterion is not applicable, as described previously in this report. FINDING: Based on the analysis above, the Sensitive Lands Review criteria for drainageways have been met. Wetlands Because the wetland is identified on the Water Resources Overlay Map and is, therefore, listed as a significant wetland on the Comprehensive Plan Map, the Water Resources Overlay standards apply in-lieu of the Sensitive Lands Review standards. Work on the wetland is permitted as a Type II decision with mitigation because the proposal involves a utility crossing. WATER RESOURCES DEVELOPMENT STANDARDS (18.797.080) The following shall apply to all development, including native vegetation removal and excavation, within the WR overlay district. No application for a use identified in Section 18.797.050 shall be deemed complete until the applicant has addressed each of these standards in writing. Alternatives Considered. Except for stream corridor enhancement, most Type II and III uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and III development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. The proposed project is a stream corridor enhancement project and is, therefore, exempted from an alternatives analysis. FINDING: Based on the information above, this standard does not apply. Minimize Siting Impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. For Type II and III uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consistent with best management practices; For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. The project is designed not only to minimize loss of native vegetation but to increase the amount of native vegetation on the site by replacing Reed canarygrass, a non-native, invasive species, with the native species such as Oregon ash, Pacifiic willow, Red-osier dogwood, Twinberry, Pacific ninebark, Nootka rose, Slough and Saw-beak sedges, Tall manna grass, and Small-fruited bulrush. The project will have a beneficial, rather than adverse hydrologic impact on water resources because the proposed overflow channel will provide increased flood storage capacity. The applicant has indicated that excavation will be limited to the area needed for the overflow channel. Erosion will be minimized by lining the overflow channel with erosion control fabric, and placing temporary sediment barriers and bio-filter bags for check dams. Disturbed areas of the sife will be seeded with native seed. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 5 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL The Hydraulic and Soils Report has been prepared by Richard Attanasio, P.E., a civil engineer with experience in water quality. He indicated that the proposed project will not result in any adverse water quality impacts, but rather will provide water quality benefits. Because the proposed project is an enhancement project, it and must occur within the water resource and riparian setback areas. FINDING: Based on the analysis above, the project will minimize site impacts as much as possible while still providing for the required enhancement. �onstruction materials and methods. Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. The project will occur within the riparian setback area. The applicant has indicated that the construction materials and methods used will not cause damage to water quality or native vegetation, however, they have not provided details on the construction methods and tools that will be utilized. There is certain equipment that is more suitable and less intrusive in the wetland areas than others and the tools used to accomplish the enhancement need to be the least intrusive to the remainder of the site. A condition is needed for the applicant to provide information on what types of tools will be utilized and how these tools provide the least disturbance to the wet(and that is realistic. FINDING: Based on the analysis above, this standard has not been fully addressed. If the applicant complies with the condition listed below, the standards will be fully met. CONDITION:Provide additional information on the construction materials and methods that will be utilized for construction of the overFlow channel. The construction must utilize equipment desi�ned to minimize ground disturbances and the methods must be consistent with other requirements of the Water Resources Overlay standards. Specific details needed include: the type of equipment to be used, the area impacted, and how the construction methods will insure that there is no more impact than necessary for the construction. Minimize flood dama4e. Aboveground residential structures shall not be permitted within the WR overlay district, where such land is also within the 100-year floodpla�n. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain shall be designed consistent with Chapter 18.775, Sensitive Lands. No above-ground residential structures are planned within the WR overlay district as part of the proposed wetland enhancement project. On-site flood storage capacity will not decrease as a result of the project, in fact, the pro�ect will increase on-site flood storage capacity. FINDING: Based on the analysis above, this standard has been met. Avoid steep slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25% or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. No excavation or vegetation removal is proposed on areas with slopes of 25 percent or greater. Slopes on the site range from less than one percent to nine percent. Soils mapped for these sites are Cove silty clay loam with slow runoff and slight e�osion potential. FINDING: Based on the analysis above, this standard has been met. Minimize impacts on existing veqetation. The followin� standards shall apply when construction activity is proposed in aera s where vegetation is to be preserved. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 6 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Temporary measures used for initial erosion control shall not be left in place permanently; The applicant has stated that temporary erosion control measures such as sediment barriers, bio-bags: and tree protection fence will be removed upon completion of construction and stabilization of disturbed areas. The coir lining of the overflow channel will remain, as removal would disturb wetland vegetation. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation; The applicant has indicated that enhancement construction areas will be field staked prior to construction, and tree protection fencing will be installed prior to grading. A condition to this affect is necessary. Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area; The applicant has stated that trees will not be used to anchor equipment. The trees will be protected dunng grading operations by tree protection fencing, which will help insure that this standard is complied with. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place; The project will not involve falling and removing trees. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. The applicant has stated that no Permanent stockpiling of soil will occur as part of the proposed pro�ect and that excavated soil material will be removed from the site. FINDING: Based on the analysis above, staff can not find that these standard have been fully met. If the applicant complies with the conditions specified below, the standards will be met. CONDITIONS: • The applicant shall install construction fencing around trees within the work area to insure that they are protected. . Prior to construction, the work area shall be staked and clearly marked. Note: The applicant, b�r submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Vegetation mitigation plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.797.100, a mitigation plan shall be prepared and implemented. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis; The proposed work is considered to constitute a Type II use within the water resource site, however, since the proposed project is an enhancement project and will not decrease the buffer, mitigation is not required. SR/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 7 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S NARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Where approval is �ranted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non-native vegetation within the remaining, protected riparian setback area on a 1.5�1 basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re-planted with native plant species; No riparian areas will be lost to development or reduced, therefore, the above criterion is not applicable. The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The applicant shall be responsible for replacing any native plant species that do not survive the first fin►o years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. The proposed project involves removing non-native Reed canary grass and re-planting the site with native species. The area will be monitored for five years and will achieve an 80 percent survival rate, in accordance with the Corps and DSL permits: . Because this is required by DSL and the US Army Corps of Engineers, no additional conditions are needed. FINDING: Based on the analysis above, these standards have been met. Water and sewer infiltration and dischar e. Water and sanitary sewer facilities shall be designed, located and constructed o avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. No water or sanitary sewer facilities will be located on the site of the proposed wetland enhancement project. The above criterion is not applicable. FINDING: Based on the analysis above, this standard is not applicable. On-site s�stems. On-site septic systems and private wells shall be prohibited within the WR overlay district. No on-site septic systems or private wells are proposed as part of this wetland enhancement project. The above criterion is not applicable. FINDING: Based on the analysis above, this standard is not applicable. Erosion control plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion; The applicant has submitted an erosion control plan which will insure that visible and measurable erosion control measures will be minimized. A condition will be attached requiring the erosion control measures to be in place prior to construction and �emoved only after the construction is complete. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only; The disturbed area surrounding the construction of the overflow channel will be confined to that area of the site. The disturbed area will be seeded and mulched upon completion of construction activities. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction; 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 8 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL I Planting will take place between September and November. The work will be conducted consistent with the DSUCorps joint permit, which requires dry season construction of the overflow channel. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded; All excavation shall be completed in the low-water period (June through September . The only exposed soils will be located in and near the �roposed overflow channel. The si es and bottom of the overflow channel shall be lined with coir fabric. The area surrounding the construction of the overflow channel will be seeded and mulched upon completion of construction activities. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff; Sediment barriers and check dams are planned for control of sediment on-site. A stabilized pad of gravel shall be constructed at all entrances and exists to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site; The plans provide for a stabilized pad of gravel to be used for entrance to the construction site. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation; No topsoil will be stripped. Plantin details call out the necessary soil amendments to support survival. Soil excavated for�he overflow channel will be removed from the site to increase wetland areas and flood storage capacity. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent pro�erties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways; Sediment will be controlled on the site, and is not expected to be carried into streets, water resources, or onto adjacent properties. The applicant has indicated that they understand that if sedimentation were to affect the aforementioned areas, cleanup and repair would be the responsibility of the applicant. Any other relevant provisions of the Erosion Prevention and Sediment Control Plans Techn�cal Guidance Handbook (City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. The plans have been designed using the standards above. The Planning Director will not require any additional requirements. FINDING: Based on the analysis above, these standard have not been fully met. If the applicant complies with the condition specified below, the standards will be met. CONDITION:Prior to any site work, all erosion control measures must be in place and may only be removed after the construction is completed. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 9 OF 11 SLR2000-00007 and SLR2000-0o408 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Plan Implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control or Re-vegetation Plan shall be implemented and maintained as follows: Erosion control measures shall be installed prior to any strippin� or excavation work; The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly; Eroded sediment shall be removed immediately from pavement surfaces, off-site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts; Water containing sed�ment shall not be flushed into the surface water management sYstem, wetlands or streams without first passing through an approved sediment filtering facility or device; In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. The applicant has submitted an erosion control plan that will insure the standards are met. A condition will be required that the tree protection fence and sediment barriers be installed Prior to grading. The channel shall then be excavated and lined with erosion control fabric. n addition, the applicant has indicated that the contractor shall inspect and maintain erosion control measures daily until the disturbed areas are stabilized and that the contractor shall be responsible for cleanup of any sediment leaving the grading area. FINDING: Based on the analysis above, the applicant's plan indicates that the above standards will be satisfied. Note: The applicant, bX submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. T e III Conditional Uses. The procedural and substantive provisions of Chapter 1 .330, Conditionat Uses, in addition to Section 18.797.080 L1-2 below and 18.797.080A-K above, shall apply to determine whether a Type III use listed below may be approved. The applicant for conditional use approval shall: Demonstrate that there will not be any net loss in the values of the resource area; and Submit a detailed mitigation plan to show that any loss of riparian values will be fully compensated through the enhancement program. The proposed wetland enhancement project is a permitted. use. The proposed activities include removal of non-native vegetation and replacement with native plant species, and in- stream and streambank enhancement within 10 feet of the top of bank or edge of wetland which are classified as Type I and II permitted uses. Because the proposed uses are not Type III, the above requirement is not applicable to the project. FINDING: Based on the analysis above, this standard is not applicable. SECTION V OTHER STAFF COMMENTS The City of Tigard Building Division, City of Tigard Engineering Department, City of Tigard Operations Department, City of Tigard Operations Utility Manager, and City of Tigard Police Department have had an opportunity to review the pro�ect and have indicated that they have no comments or objections. The City of Tigard Long Range Planning Division has reviewed the project and provided the following comments: Applicant should coordinate its project with the proposed City sponsored mitigation proJ ect located on Fowler School prope�ty adjacent to applicanYs pro�ect and scheduled for Fall 2000 construction. Staff Response: Staff has been informed that the applicant and the City are coordinating effo�ts in regard to design, timing and implementation of the two projects. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 10 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL � '"a . , SECTION VI. AGENCY COMMENTS Unified Sewerage Agency and the Division of State Lands have reviewed the project and indicated that they do not have any comments or objections. Oregon Department of Fish and Wildlife, US Army Corps of Engineers, Oregon Department of Environmental Quality, and the Tigard-Tualatin School District were given the opportunity to review the project and did not provide comments prior to the preparation of this report. � Julv 14. 2000 PREP ED BY: Julia well Hajduk DATE Associate Planner � July 14. 2000 APPROVED BY: Richard Bew dorff DATE Planning Manager i:1 cu rp I n�j u I i a�s I r2000-07(Lowe's).d o c 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 11 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL 07/17/00 15:45 $5D3 6R4 7297 CITY OF TIGARD f�001 . � ����������������*���������� ��� ACTIVITY REPORT ��� ���*��M����M��*���������W.&� TRANSMISSION OK TX/RX N0. 8318 CONNECTION TEL 503 223 2701 CONNECTION ID START TIME 07/17 15:36 USAGE TIME 08'45 PAGES 12 RESLILT OK CITYQFTIGARD Shaping,��bEtrarCommumry COMMUNITY DEYELOPMENT DEPABTMENT PLAMNIM�OIYISI�II 13125 SW HALL BOULEYA�D TI�AS�,ORE60N 9]223 OiTE July 17, 2000 Tll��: rp: Kristina PMONE: 223-6663 David Evans 8�Assoc. F11C 223-27Q1 FROM: Julia Hajduk, Associate Planner PNONE (5Q3) 639-41�1 City of Tig�rd Fl�l (503) 684-7297 Planning Department lE Lowe's Hardware Wetland Mitigation C: SLR2000-00007/SLR2D00-00008 Land use file � Number of pages tncluding cotier sheet 12 �. .�_ _ � CITY Of TIGARD HEARINGS OffICER CITYOFTIGARD Community�DeueCopment AUGUST 7� 20�0 � 7:00 PM ShapingABetter�'ommunity AG E N DA I. CALL TO ORDER 2. PUBLIC HEARING 2.1 LOWE'S HARDWAR� WETLAND MITIGAT�QN @ FOWLER MIDDLE SCHOOL SENSITIVE LANDS REVIEW (SLR) 2000-00007 SENSITIVE LANDS REVIEW (SLR) 2000-00008 The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area o( the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the praximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM IS134DD tax lots 00900 and 01000. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low-density residential home sites. APPLICABLE REVIEW �RITERIA: Community Development Code Chapters 18.390, 18.775, and 18.191. 3. OTHER BUSINESS 4. ADJOURNMENT tv=.. fITY OF TIGARD HEARING'S aFFIfER PAGE 2 OF 2 8/7/2000 PUBIIf HEARING AGENDA CITY OF TIGARD � HEARING'S OFFICER AUGUST 7, 2000 — 7:00 PM TOWN HALL TIGARD CITY HALL, 1 3 I 25 SW HALL BOULEVARD TIGARD, OR 97223 t«�xr�ii�.i-�.�i.�i...�i..�r r'r.r-.i�I�i�r rif i r.i..r.�...�.�f�sf«i'rr�I%I�I.��.r�.�.�.r s.ii.►fr�I�.i.�.�x r 1`r r�'f�il/ilii��i���d rp / / ; - � An one wishin to s eak on an a enda item must ; , � Y g P g , � sign-in on the appropriate sign-in sheets. ; l//%%//�/���/I/I/�/�/I/�I/I/I/I-I��'-f f I'i/-I R-.s�'?�I///�I'��//�i R'FBf�F.✓.F M'R"R FA�O.�B/F F R d./.iF'i".O�F'fi P f I//�l/%P/�I/�I//.il.'////%//////�II�I�iI�I�/I/I/I/� PUBLIC NOTICE: Assistive listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Monday prior to the meeting. Please call (503) 639-4171, Ex� 320 (voice) or (503) 684-2112 (TDD - Telecommunications Devices for the Deafl. Upon request, the City will also endeavor to arrange for the following services: ➢ Qualified sign language interpreters for persons with speech ar hearing impairments; and ➢ Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above if you are requesting such services. (OVER FOR HEARING AGENDA ITEM(S) Cli'I OF TIGARD HEARIN6'S OfFICER PAGE I OF 2 8/1l2000 PUBLIC HEARING AGENDA Agenda Item: 2.1 Hearing Date: Auqust 7. 2000 Time: 7:00 PM STAFF REPORT TO THE HEARINGS OFFICER CITYOFTIGARD Community�DcceCoprnent FOR THE CITY OF TIGARD, OREGON S�p=,teA�e=tercommu11t� 120 DAYS = 10/12/2000 SECTION I. APPLICATION SUMMARY FILE NAME: LOWE'S HARDWARE WETLAND MITIGATION Ca� FOWLER MIDDLE SCHOOL FILE NOS.: Sensitive Lands Review (SLR) SLR2000-00007 Sensitive Lands Review (SLR) SLR2000-00008 PROPOSAL: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of tl�e Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. APPLICANT: Lowe's Home Improvement, Inc. OWNER: Tigard/Tualatin School Dist. 1530 Faraday Avenue, Suite 125 Attn: Ron Hudson Calsbad, CA 92008 13137 SW Pacific Highway Tigard ,OR 97223 CONSULTANT: David Evans and Associates, Inc. Attn: Kristina Gifford Mckenzie 2828 SW Corbett Avenue Portland, OR 97201 COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential. ZONING DESIGNATION: R-4.5. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1S134DD, Tax Lots 00900 and 01000. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. SECTION II. RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Sensitive Lands Review will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 1 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL CONDITIONS OF APPROVAL PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED (UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE BRIAN RAGER IN THE CITY OF TIGARD ENGINEERING DEPARTMENT): 1. Provide additional information on the construction materials and methods that will be utilized for construction of the overflow channel. The construction must utilize equipment designed to minimize ground disturbances and the methods must be consistent with other requirements of the Water Resources Overlay standards. Specific details needed include: the type of equipment to be used, the area impacted, and how the construction methods will insure that there is no more impact than necessary for the construction. 2. Install approved erosion control measures prior to construction. Erosion control measures may not be removed until construction has been completed. 3. Install construction fencing around trees within the work area to insure that they are protected. Staff Contact: Julia Hajduk, Planning Division. 4. Prior to construction, the work area shall be staked and clearly marked. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICERS DECISION. SECTION III. BACKGROUND INFORMATION The applicant has received apProval to remove wetlands and culvert a stream on the Eagle Hardware (now Lowe's) site. The approval requi�ed mitigation. The applicant has received approval from the US Army Corps of Engineers and DSL to mitigate the wetlands within the Fanno Creek 100-year floodplain, on property owned by the Tigard-Tualatin School District. The 3.1-acre mitigation site contains a segment of Fanno Creek and adjacent wetlands with vegetation dominated by Reed canarygrass, a non-native, invasive species. The site currently provides flood storage and some water quality benefit, but little habitat diversity or structure. The mitigation pro�ect will enhance existing wetlands by removing Reed canaryg rass and replanting the site with native trees, shrubs, and other herbaceous vegetation. The proposed planting will establish Oregon ash forest, willow shrub, and mixed emerg ent communities similar to those found in nearby wetland areas. Native tree species, including Red osier dogwood and Pacific willow, will be established along approximately 400 feet of the bank of Fanno Creek. There will be streambank work in Fanno Creek to construct the overflow channel connections. Fanno Creek is listed as a major stream on the Water Resources Overlay Map. There are City inventoried and jurisdictional wetlands within the area. Because the proposal involves work along the floodway, Sensitive Lands Review (SLR) approval by the Heanngs Officer is required. Because there is work occurring in the City Inventoried wetlands, Type II Water Resources Overlay review is required. The City is working on a wetland mitigation and trail project on this site as well. The applicant and the City are coordinating and the City's project Iocation has been shown on the applicant's plans for reference. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS SENSITIVE LANDS Section 18.775 states that the Hearings Officer shall have the authority to issue a sensitive lands permit in the 100-year floodplain by means of a Type IIIA procedure, as governed in Section 18.390.050, using approval criteria contained in Section 18.775.070 B-E. Sensitive lands permits shall be required for any ground disturbance in the floodway. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 2 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Wi hin he 100- ear flood lain. The Hearings fficer shall approve, approve with conditions or deny an application request within the 100- ear floodplain based upon findings that all of the following criteria have been satis�ed: 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 fll, new construction, substantial improvements and other development unless certif�ed by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; The landform alterations propose no fill, only excavation/removal of material for creation of an overflow channel. The overflow channel will not increase flood levels during the base flood discharge. 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 proposed wetland mitigation project is not a development project. The only alterations proposed within the floodpfain are soil excavation for creation of the overflow channel and connection of the overflow channel to Fanno Creek as part of a wetland enhancement proJ ect. While the site is zoned residential (R-4.5), it has an open space overlay designation and is currently used as public open space and will continue to be used as public open space when the proposed wetland enhancement project is implemented. The use of the site is similar to those uses listed above — particularly "community recreation uses" — which are allowed in areas with residential zoning. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100- year flood; The land form alteration roposed is excavation of an approximately 580-foot-long overtlow channel connecting at bo�h ends to Fanno Creek. This work will not result in net fill within the floodplain, but will rather result in net removal. It will not result in an increase in the water surface elevation of the 100-year flood as certified in the Hydraulic and Soils Report. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; The City of Tigard is in the process of developing a pedestrian pathway between Tigard Street and Tiedeman Avenue across the Fowler Middle School site. The pathway will cross the wetland mitigation site proposed b� the applicant. The location of the pathway is indicated on the plans, however, the trail is not a part of the land use action proposed by this applicant. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; As stated previously, this project does not involve the construction of a bicycle path, therefore, this standard is not applicable to this proposal. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and Permits were obtained from both the Corps (#99-199) and Oregon Division of State Lands (DSL) (RF-16790) for both the wetland impacts to occur at the Lowe's Home Improvement Warehouse store site and the compensatory wetland enhancement work to be carried out at the Fowler Middle School site. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 3 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOO� Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of dedication of sufficient open land area within and ad�acent 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 site of the proposed wetland enhancement project currently consists and will continue to consist of open land area. Since the site is already dedicated to public use, no further dedication of land within the floodplain is necessary. FINDING: Based on the analysis above, the Sensitive Lands Review criteria for alterations within the 100-year floodplain have been met. Within Drainageways. The appropriate approval authority shall approve: approve with conditions or deny an application request for 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 the extent greater than that required for the use; Landform alteration within the floodway will consist of connecting both ends of the overFlow channel to Fanno Creek, and thereby altering the banks of Fanno Creek at the locations where the overtlow channel connects to it. It is necessary to connect the channel to Fanno Creek in order to provide fish habitat without creating a fish "trap" as the higher flows recede. The disturbance to the banks of Fanno Creek is the minimum necessary to accommodate the proposed use. 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 landform alteration will not result in erosion, sedimentation, ground instability, or other adverse on or off-site effects. The channel will be stabilized with coconut erosion control fabric and live staking with woody species. In addition to the channel work, live staking proposed along Fanno Creek will increase streambank stability. The water flow capacity of the drainageway is not decreased; The proposed work will not decrease the water flow capacity of the drainageway. The project does not involve any obstruction or filling of the drainageway. As described in the Hydraulic and Soils Report, the water flow capacity of the drainageway will be increased rather than decreased by the creation of the overflow channel. 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; Vegetation will be removed to construct the overflow channel, however, it will be re-vegetated as shown on the mitigation planting plan with Oregon Ash and live staking. Non-native vegetation will be removed and native vegetation will be planted. 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 continue to function and will not require replacement. The above criterion is not applicable. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 4 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL �� Permits were obtained from both the Corps (#99-199) and DSL (RF-16790) for both the wetland impacts to occur at the Lowe's Home Improvement Warehouse site and the compensatory wetland enhancement work proposed at the Fowler Middle School site. Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of dedication of sufficient open land area within and ad�acent 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 above criterion is not applicable, as described previously in this report. FINDING: Based on the analysis above, the Sensitive Lands Review criteria for drainageways have been met. Wetlands Because the wetland is identified on the Water Resources Overlay Map and is, therefore, listed as a significant wetland on the Comprehensive Plan Map, the Water Resources Overlay standards apply in-lieu of the Sensitive Lands Review standards. Work on the wetland is permitted as a Type II decision with mitigation because the proposal involves a utility crossing. WATER RESOURCES DEVELOPMENT STANDARDS (18.797.080) The following shall apply to all develo�ment, including native vegetation removal and excavation, within the WR overlay district. No application for a use identified in Section 18.797.050 shall be deemed complete until the applicant has addressed each of these standards in writing. Alternatives Considered. Except for stream corridor enhancement, most Type II and III uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and III development applications must carefully examine upland alternatives for the proposed use, and exPlain the reasons why the proposed development cannot reasonably occur outside of the water resou�ce or riparian setback area. The proposed project is a stream corridor enhancement project and is, therefore, exempted from an alternatives analysis. FINDING: Based on the information above, this standard does not apply. Minimize Siting Impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. For Type II and III uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consistent with best management practices; For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. The project is designed not only to minimize loss of native vegetation but to increase the amount of native vegetation on the site by replacing Reed canaryg rass, a non-native, invasive species, with the native species such as Oregon ash, Pacific willow, Red-osier dogwood, Twinberry, Pacific ninebark, Nootka rose, Slough and Saw-beak sedges, Tall manna grass, and Small-fruited bulrush. The project will have a beneficial, ratF�er than adverse hydrologic impact on water resources because the proposed overflow channel will provide increased flood storage capacity. The applicant has indicated that excavation will be limited to the area needed for the overflow channel. Erosion will be minimized by lining the overflow channel with erosion control fabric, and placing temporary sediment barriers and bio-filter bags for check dams. Disturbed areas of the site will be seeded with native seed. S/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 5 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL The Hydraulic and Soils Report has been prepa�ed by Richard Attanasio, P.E., a civil engineer with experience in water quality. He indicated that the proposed project will not result in any adverse water quality impacts, but rather will provide water quality benefits. Because the proposed project is an enhancement project, it and must occur within the water resource and riparian setback areas. FINDING: Based on the analysis above, the project will minimize site impacts as much as possible while still providing for the required enhancement. Construction materials and methods. Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. The project will occur within the riparian setback area. The applicant has indicated that the construction materials and methods used will not cause damage to water quality or native vegetation, however, they have not provided details on the construction methods and tools that will be utilized. There is certain equipment that is more suitable and less intrusive in the wetland areas than others and the tools used to accomplish the enhancement need to be the least intrusive to the remainder of the site. A condition is needed for the applicant to provide information on what types of tools will be utilized and how these tools provide the least disturbance to the wetfand that is realistic. FINDING: Based on the analysis above, this standard has not been fully addressed. If the applicant complies with the condition listed below, the standards will be fully met. CONDITION:Provide additional information on the construction materials and methods that will be utilized for construction of the overflow channel. The construction must utilize equipment desi�ned to minimize ground disturbances and the methods must be consistent with other requirements of the Water Resources Overlay standards. Specific details needed include: the type of equipment to be used, the area impacted, and how the construction methods will insure that there is no more impact than necessary for the construction. Minimize flood damaae. Aboveground residential structures shall not be permitted within the WR overlay district, where such land is also within the 100-year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain shall be designed consistent with Chapter 18.775, Sensitive Lands. No above-ground residential structures are planned within the WR overlay district as part of the proposed wetland enhancement project. On-site flood storage capacity will not decrease as a result of the project, in fact, the pro�ect will increase on-site flood storage capacity. FINDING: Based on the analysis above, this standard has been met. Avoid steep slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25% or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. No excavation or vegetation removal is proposed on areas with slopes of 25 percent or greater. Slopes on the site range from less than one percent to nine percent. Soils mapped for these sites are Cove silty clay loam with slow runoff and slight erosion potential. FINDING: Based on the analysis above, this standard has been met. Minimize impacts on existing veaetation. The followin� standards shall apply when construction activity is proposed in aera s where vegetation is to be preserved. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 6 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL , Temporary measures used for initial erosion control shall not be left in place permanently; The applicant has stated that temporary erosion control measures such as sediment barriers, bio-bags, and tree protection fence will be removed upon completion of construction and stabilization of disturbed areas. The coir lining of the overflow channel will remain, as removal would disturb wetland vegetation. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation; The applicant has indicated that enhancement construction areas will be field staked prior to construction, and tree protection fencing will be installed prior to grading. A condition to this affect is necessary. Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area; The applicant has stated that trees will not be used to anchor equipment. The trees will be protected during grading operations by tree protection fencing, which will help insure that this standard is compfied wifh. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place; The project will not involve falling and removing trees. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. The applicant has stated that no permanent stockpiling of soil will occur as part of the proposed pro�ect and that excavated soil material will be removed from the site. FINDING: Based on the analysis above, staff can not find that these standard have been fully met. If the applicant complies with the conditions specified below, the standards will be mef. CONDITIONS: . The applicant shall install construction fencing around trees within the work area to insure that they are protected. . Prior to construction, the work area shall be staked and clearly marked. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Vegetation mitigation plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.797.100, a mitigation plan shall be prepared and implemented. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis; The proposed work is considered to constitute a Type II use within the water resource site, however, since the proposed project is an enhancement project and will not decrease the buffer, mitigation is not required. �=. �� S/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 7 OF 11 SLR2000-OOQ07 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL a Where approval is �ranted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non-native ve etation within the remaining, protected riparian setback area on a 1.5•1 basis. Tha� is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re-planted with native plant species; No riparian areas will be lost to development or reduced, therefore, the above criterion is not applicable. The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The apPlicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. The proposed project involves removing non-native Reed canary grass and re-planting the site with native species. The area will be monitored for five years and will achieve an 80 percent survival rate, in accordance with the Corps and DSL permits: , Because this is required by DSL and the US Army Corps of Engineers, no additional conditions are needed. FINDING: Based on the analysis above, these standards have been met. Wa er and sewer infiltration and dischar e. Water and sanitary sewer facilities shall be designed, located and constructed o avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. No water or sanitary sewer facilities will be located on the site of the proposed wetland enhancement project. The above criterion is not applicable. FINDING: Based on the analysis above, this standard is not applicable. On-site systems. On-site septic systems and private wells shall be prohibited within the WR overlay district. No on-site septic systems or private wells are proposed as part of this wetland enhancement project. The above criterion is not applicable. FINDING: Based on the analysis above, this standard is not applicable. Erosion control plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion; The applicant has submitted an erosion control plan which will insure that visible and measurable erosion control measures will be minimized. A condition will be attached requiring the erosion control measures to be in place prior to construction and removed only after the construction is complete. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only; The disturbed area surrounding the construction of the overflow channel will be confined to that area of the site. The disturbed area will be seeded and mulched upon completion of construction activities. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction; 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 8 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Planting will take place between September and November. The work will be conducted consistent with the DSL/Corps joint permit, which requires dry season construction of the overflow channel. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded; All excavation shall be completed in the low-water period (June through September). The only exposed soils will be located in and near the proposed overtlow channel. The sides and bot�om of the overflow channel shall be lined with coir fabric. The area surrounding the construction of the overflow channel will be seeded and mulched upon completion of construction activities. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff; Sediment barriers and check dams are planned for control of sediment on-site. A stabilized pad of gravel shall be constructed at all entrances and exists to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site; The plans provide for a stabilized pad of gravel to be used for entrance to the construction site. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation; No topsoil will be stripped. Plantin details call out the necessary soil amendments to support survival. Soil excavated for�he overflow channel will be removed from the site to increase wetland areas and flood storage capacity. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways; Sediment will be controlled on the site, and is not expected to be carried into streets, water resources, or onto adjacent properties. The applicant has indicated that they understand that if sedimentation were to affect the aforementioned areas, cleanup and repair would be the responsibility of the applicant. Any other relevant provisions of the Erosion Prevention and Sediment Control Plans Technical Guidance Handbook (City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. The plans have been designed using the standards above. The Planning Director will not require any additional requirements. FINDING: Based on the analysis above, these standard have not been fully met. If the applicant complies with the condition specified below, the standards will be met. CONDITION:Prior to any site work, all erosion control measures must be in place and may only be removed after the construction is completed. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 9 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Plan Implementation. A schedule of planned erosion controi and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved E�osion Control or Re-vegetation Plan shall be implemented and maintained as follows: Erosion control measures shall be installed prior to any strippin� or excavation work; The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly; Eroded sediment shall be removed immediately from pavement surFaces, off-site areas, and from the surface water management system, �ncluding storm drainage inlets, ditches and culverts; Water containing sediment shall not be flushed into the surface water management s�stem, wetlands or streams without first passing through an approved sediment filtering facility or device; In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. The applicant has submitted an erosion control plan that will insure the standards are met. A condition will be required that the tree protection fence and sediment barriers be installed Prior to grading. The channel shall then be excavated and lined with erosion control fabric. n addition, the applicant has indicated that the contractor shall inspect and maintain erosion control measures daily until the disturbed areas are stabilized and that the contractor shall be responsible for cleanup of any sediment leaving the grading area. FINDING: Based on the analysis above, the applicanYs plan indicates that the above standards will be satisfied. Note: The applicant, by submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. T e III Conditional Uses. The procedural and substantive provisions of Chapter 1 .330, Conditional Uses, in addition to Section 18.797.080 L1-2 below and 18.797.080A-K above, shall apply to determine whether a Type III use listed below may be approved. The applicant for conditional use approval shall: Demonstrate that there will not be any net loss in the values of the resource area; and Submit a detailed mitigation plan to show that any loss of riparian values will be fully compensated through the enhancement program. The proposed wetland enhancement project is a permitted use. The proposed activities include removal of non-native vegetation and replacement with native plant species, and in- stream and streambank enhancement within 10 feet of the top of bank or edge of wetland which are classified as Type I and II permitted uses. Because the proposed uses are not Type III, the above requirement is not applicable to the project. FINDING: Based on the analysis above, this standard is not applicable. SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division, City of Tigard Engineering Department, City of Tigard Operations Department, City of Tigard Operations Utility Manager, and City of Tigard Police Department have had an opportunity to review the project and have indicated that they have no comments or objections. The City of Tigard Long Range Planning Division has reviewed the project and provided the following comments: Applicant should coordinate its project with the proposed City sponsored mitigation proJ ect located on Fowler School property adjacent to applicanYs pro�ect and scheduled for Fall 2000 construction. Staff Response: Staff has been informed that the applicant and the City are coordinating efforts in regard to design, timing and implementation of the two projects. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 10 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL SECTION VI. AGENCY COMMENTS Unified Sewerage Agency and the Division of State Lands have reviewed the project and indicated that they do not have any comments or objections. Oregon Department of Fish and Wildlife, US Army Corps of Engineers, Oregon Department of Environmental Quality, and the Tigard-Tualatin School District were given the opportunity to review the project and did not provide comments prior to the preparation of this report. � July 14. 2000 PREP ED BY: Julia well Hajduk DATE Associate Planner �-� Jul 14 2000 APPROVED BY: Richard Bew dorff DATE Planning Manager i:\cu rp I n\j u I i a 1s I r2 000-0 7(L owe's).d o c ��.- 8/7/2000 PUBUC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 11 OF 11 SLR2000-�0007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL � t � � � p,»� � � � -----�—-- -- -- -- -- - _ -------------------- SW TIGARD STREET .--- -- K --- - . - - -- -- - - ---- �_" _�—' � -- � � � � � , � , , , , �t �i ti � ,�.....,..�..R � itt�t��ii . � Illillllt 1 � � I l Illlllllll l 'i�/ \ % llllllll ll111111111 _Ill , � i ' Illl �Illl`•"`Illlll • •�/ ` � llll llll . �� . l` t` lll 11ll�ltlllltll lllltl I111 �$ 11 tl .' � � ll lt il 1 l • 1 1 Illlllll llill l lli • � � 1 ll il l i ' '- la l 1111{1 all 1lllll�d llll- 'r O m� I 1 11 ll l I11 •. • • llll lllllll lll lllllll �° llill / � I l ll 1 l l lll �. � � • '.11l Illllllljl lllllll.. lllll l ,•�i ' � �� 1 ll lll ll l lll Q� • � • • • lll 111l11U11 lllllll � lllll 1 `��'" '^ �� l I lf lll l I llll � N � � � � � � 1111 1�.�-i' l l l l l l � l l l •� �y� � V! �I ll Tl lll l 1 111C' � r� _ �_ � llllllv �� 1 �l f \� �� , > �,� ll 11 111 l ll 11 � _�. / o �I � . y _ .. l l l i l� � l l l l li ll{ 11 I11 1 ll ll -. > � ll ll 111 , Il 1' � 1111 l� ��l `�. � l l l 1 1 I 1 1'� 'lllll lll IU / ��` � � � � 1 l I1 1 1 � I 1111111 1 I1 � I • � t4t 11 l I 1� ���, � � � /1 1 �• � �f lil �l 1111C i V � ii l l � I »..� � �ll 11��/`�!� / �\� / Z I � j".o � 1 l�Y,�� � � � � �""" � _..� / � / Z i i I ' / 1 'll � , ��� ,`\� , / ��'�~ � �ll 11Y �N h Z ; ���� � 11 i �k�C.' / o � � �:r�r� E �// Ir ..�..� � � .� � � � � ,p ��[ / � �` L� .y� _' � � � o � _ � I I s !'� — � w �i�< O ' �Rlf(�YMNN �y� ���� �.`\J ' '�a�_� ��w�� Q 1 + 1 y � , / `/ ' � a�„ s� � � v��� o � > � J N� �� 0��� 't� ��� � a Q� �� �,imnw~� �'/ n�O� ^ ���a � Q ��/ =C��p^ ///\� � ���� �/ � �� � �� ^Z2� / `` � � �� �A qr.� � A��� ; i� ��>� �, m � �� OyY1 � � Z �/� � V t MM(�YS� I� — _ ' f —/ /, �rl C� � M �Y� � / �O�m O p O � � ' �_' _' 1 � I � � �� � �� ` /� � ; � � , � , � / t— � �� o,p.�a,�. � � � / // �0" �0 � V � i � � —.— . � ♦ � � � �----- - � � � � � . ",- : ' ' y�,,.,ER �EK/ �- �� �� � �+ ,� ° -8 � � < �l�. " , / �� � � � � �� ;�_ �- �� � � � � � .. � . ,�'� �� � � € � '� � � � � l � / � � ° v f / � � 6a ��/ � ! / i/ / 1 SLR2000-00007/SLR2000-00009 TY oF TIGAR ETLAND ' LOWE'S HARDWARE W SITE PLAN � (Map is not to scale) MITIGATION C� FOWLER MIDDLE SCHOOL � =`r �l — — --- ���� . - � � �I GEOGR�P��C ���OaM+`�p�+ 5•5'Eu � � '� VICINITY MAP RTH ST �u - —NORTFi-DAKO A ST - > �- T— _ � � ` — — — — — — — — — — — SLR2000-00007 ' ST o ��-= SLR�000-00008 � � — ti' � � . � � LOWE'S (Formally Ea le) - � Y � � � '�,`�`� ;'� HARDWARE WETLAN Dg _ °" � � j I �`�;��: � -� MITIGATION C� FOWLER � TIGARD ° `�'-------___'_ j ' `a MIDDLE SCHOOL � � --- TI A p � I \y���, - �d � � ' ''��, I� s,� `�� �a � ' '\� -/���\�� � r � N � �� � i 'i I � � � �� m '� �� ----- I T � = �O I iC9 �Q — - MEADOW 5T I ♦ N . J z s�uB�ECr ° , TAX LOTS � �_` 0 2C0 _ a�C 600 Feet � a i"=a761eei�.__ I � W 8 i ` 1= P � Z \ 2 t�'�i i1'p City of Tieard i � � � Inlo�m�tion on I��s map is f�r genera.iocalion o�ly antl �� should De venReG w+th the Devalopment Servlus Drv�s�on O� 13125 SW Hall Blvd �S� N �� ;I Tigard.OR 97223 �FA (503)6J9417 i I� I ( htlpl7ww.v.ci.ligartl.or us Community Development Plot date:Jun 16, 2000;C:UnagiclMAGIC03.APR NOTICE TO MORTGAGEE, LIENHC �R,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIR�S 1 riA:IF YOU RECEIVE THIS NOTICE, IT ShiALL BE PROMPILY FORWARDED TO THE PURCHASER CITY OF TIGARD Cammuttity�DeveCopment Shaping f7 BetterCommunity PUBLIC NEARING HOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY. AUGUST 7, 2000 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NOS.: SENSITIVE LANDS REVIEW (SLR) 2000-00007 & SLR2000-00008 FILE TITLE: LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL APPLICANT: Lowe's Home Improvement Warehouse OWNER: Tigard Tualatin School District 1530 Faraday Ave, Suite 125 13137 SW Pacific Highway Calsbad, CA 92008 Tigard, OR 97223 CONSULTANT: David Evans and Associates, Inc. Attn: Kristina Gifford Mckenzie 2828 SW Corbett Avenue Portland, OR 97201 REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructin an overflow channel and Type II Water Resources Overlay review for wetland mitiga�ion within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1S134DD tax lots 00900 and 01000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD HEARINGS OFFICER AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE 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 UR DOCUMENTS LESS THAN 7 DAYS PRIOR TO THE PUBLIC HEARING DATE, THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR 227.178. 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 THE CRITERIA LISTED OR OTHER CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST, ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (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 JULIA POWELL HAJDUK AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. 1 - - . —;,- . _ ,. . �� � I =;��� —���, �.e�....���..o....�o....... � -� � � �� � VICINITY MAP � ���' �� 6T 4 �. I- Ti{-D.�K �C_�T= � . � ',-�--,� I � � fi � � � ___________ r � ;' I � I � , � o� , � � �� ` � � �� � - � � � �. ��SLR2000-00008 . � i , .�, 8 � � I; � � � � - ' i " ' � !��„" LOWE'S (formally Eagle) • � I ,� � ;HARDWARE WETLAND � MITIGATION @ FOWLER a, J I-___1 I . ..Y. � . I m, Ir� �,lQ TIG�_��-- � . �. . . � � �. ��, ���, �MIDDLE SCHOOL � t:nkDST__... �\ .`— — � / I� I V\ / 3�� � � �� - �- � � u��,�r�� i � , r�,� � "�'� � .�"�` I �� �� ; \ �'���_y --- — y � � �i /'/Y�'-!7� ' � -- - -—�i .� // ��oow s� � 1 � � _ . _I— _ . / Q��l(A�HERINE_'_ t_ 1 F!�\, . � 7 . �I _-_ ___.:Sp� � � � � � _ _ � � N - 2 SUBJECT L ----- _ TAX LOTS W _' � ;,,; .� ��-� �T� �- �Z �"I_ --- � � -� �..,6,.., � '��-' � � � r ��� , � Fr � � 3 — II I � � I.__� __ .__ — ��I �✓� . /� � .�a.m..�ax..Ciryofl'ipard % � —! I��_ l �'� �,C / ,�� � m.v.a.v�..,.i���oMr.� � � . i Sf \ �/ / � ' e. a..n,..o...ww�.M s..�..w..� �� " � / f i,;,� ,oussw.we�w i ' i-� n_ � l/ *vb.on rr:n I , ; , ' � ti / ���i,�w,,, �_ I _. f I I I I � r� � , —� i � `` .. ��.w._ ',�. '^, ,�', �„_..�w.ba�. REQUEST FOR COMMENTS CITY OF TIGARD �ommunity�UeveCopment , - , . ShapingA�etterCommunity , . . ._ . . _:,. _ _ "iii�',�, _�ti r _ DATE: lune 19,2000 ,- ., . - . , :�� T0: ORE&ON DIVISION OF STATE LANDS / FliOM: City of Tigard Plannin9 Division RECEIVED PLANNIN/. � STAFF CONTACT: lulia Powell Halduk,Assoc�ate Planner x401 J U L 0 �� � Phone: [5031639-41n/Fax: [5031684-7297 Z00(J � , � � SENSITIVE LANDS REYIEW[SLRI 2000-00001/SENSITIYE LANDS REVIEW[SLRI 2000-00008 ➢ LOWE'S NARDWARE WETLAND MITIGATION @ FOWLER MI�DLE SCHOOL Q REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1S134DD tax lots 00900 and 01000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. Attached is the Slte Plan,VlCllllty Mep 811d AppllCellt'S StBtemellt for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 3,2000. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the aboue date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. ��€i��c C�E�i�TiiE€OtLOWING iTE11iS THAT APRIif: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: �2Cease pravi�e tke for����nfo�t�on)Name of Person[sl Commentlng: �G Phone NumUer[sl: 3)d — 3�' r SLR2000-00007&8 AGENCY REQUEST FOR COMMENTS �`u REQUEST FOR COMMENTS CITY OF TIGARD Community 4UeveCopment RE�EIVED PLANNINC ShapingA�BetterCommunity DATE: lune 19,2000 J U L 0 3 2000 CITY C}F TlGARp � � � o d � T0: lulia Huffman,USA/SWM Pro9ram D FROM: City of�9ard Planning Di�ision ��N �. 1 2000 �' STAFF CONTACT: lulia Powell Halduk,Associate Planner x407 By__��� Phone: [5031639-41T1/Fax: [5031684-729] SENSITIVE IANDS REVIEW[SLRI 2000-OOOOl/SENSITIVE LANDS REVIEW[SLRI 2000-00008 ➢ LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL � REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1 S134DD tax lots 00900 and 01000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. Attached is the SItC Plen,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 3,2000. You may use the space provided below or attach a separate letter to return your comments. If]lou are unable to respond b]I the adoue date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: �, We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: (�lease provide tke foll"owing infornrution)Name of Person[sl Commend r �y � Phone Numder[sl: —�r��; � SLR2000-00007&8 AGENCY REQUEST FOR COMMENTS a�, --� I S , �• 1 I z � �� � l a -. '���'� REQUEST FOR COMMENTS CITY OF TIGARD ` '� Community�DeveCopment S(apingA BetterCommunity RECEIVED PLANNING DATE: lune 19,2000 JUN 2 � 200o I�1 � ��i r� � pr� T0: Brian Ra9er,Deuelopment Review En9ineer c�n oF T� �;` ' L' '�' � ,, V � � r� FROM: Cit�of fgard�lanning DNision ���'J 2 0 ��,�� STAFF CONTACT: lulia Powell NalduK,Associate Planner x401 � , „,... Phone: [5031639-4111/Fax: [5031684-)297 SENSITIVE LAN�S REYIEW[SLRI 2000-00001/SENSITIVE IANDS REVIEW[SLRI 2000-00008 ➢ LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Q REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overtlow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1 S134DD tax lots 00900 and 01000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. Attached is the SItC PI811,�ciniql Map and ApplicanYS StetC111Cl1i for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 3,2000. You may use the space provided below or attach a separate letter to return your comments. If you are una6le to respond by the aboue date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: � We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: (��a,se p�fe the folloun�,g info�cTOn)Name of Person[sl Commentlng: Q(7 x �`� ����`_� Phone Number[sl: SLR2000-00007&8 AGENCY REQUEST FOR COMMENTS ���;; REQUEST FOR COMMENTS CITY OF TIGARD Community�eveCopment Shaping A Better Community DATE: lune 19,2000 ��CEIVEB PLANNING T0: n Roy,Proper4l Manager/Operatlons Department J U N 2 6 2000 FROM: City of Tigard Planning Di�ision CITY CF TIGAFif �., STAFF CONTACT: lulia Powell Halduk,Associate Planner x407 Phone: [5031639-4111/Fax: [5031684-1297 SENSITIVE LANDS REVIEW[SLRI 2000-00001/SENSITIVE LANDS REVIEW[SLRI 2000-00008 ➢ LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Q REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1 S134DD tax lots 00900 and 01000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. Attached is the Slte Plan,Vicinity Map and ApplicanYS StetCII1C11[ for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 3,2000. You may use the space provided below or attach a separate letter to return your comments. If You 8rC u118b1e t0 resp0ud by the ebOYe d8te, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: �-' We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: r ��lease pravicfe the foCCowing inforniation�Name of Person[sl Commentlng: Phone Number[sl: SLR2000-00007&8 AGENCY REQUEST FOR COMMENTS REQUEST FOR COMMEHTS CITY OF TIGARD Community 4�e�i�elopment RECEIVED PLAI��gA�etterCommunity DATE: lune 19,2000 J U N 2 6 2000 - -- c�n oF T� � �%����,� � Michael Miller,Operatlons Utllity Manager �RBNf:� r, City of Tigard Planning Division STAFF CONTACT: lulia Powell Nalduk,Associate Planner x407 Phone: [5031639-41T1/fax: [5031684-1297 SENSITIVE LANDS REVIEW[SLRI 2000-00007/SENSITIVE IANDS REVIEW[SLRI 2000-00008 ➢ LOWE'S NARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Q REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1S134DD tax lots 00900 and 01000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. Attached is the SItC PI811,VlClllliy Mep elld App1lCeDt'S StBtCmellt for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 3,2000. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by�he above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: � We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: _ ��'lease pravufe tke jol�wtng�nfo�rion�Name of Person[sl Commenting: �''���,c� /'�'lGL�,�� _ Phone Number[sL• x ,� ��, 5LR2000-00007&8 AGENCY REQUEST FOR COMMENTS ..�'� REQUEST FOR COMMENTS CITY OF TIGARD Community�DeveCopment ShapingA BetterCommunity DATE: lune 19,2000 T0: Gar�l Lampella,Buildin9 Oificial RECEIVED PLANNING FROM: City of Tigard Planning Diuision J U N 21 2000 STAFF CONTACT: lulia Powell Nalduk,Associate Plannerx401 �ITY^vF TIGARG Phone: (5031639-41n/fax: [5031684-i29) SENSITIVE LANDS REVIEW[SLRI 2000-00007/SENSITIVE LANDS REVIEW[SLRI 2000-00008 ➢ LOWE'S NARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Q REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overtlow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proxirriity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1S134DD tax lots 00900 and 01000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. Attached is the SItC P1811,Ificinipl Map and ApplicanYa Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 3,2000. You may use the space provided below or attach a separate letter to return your comments. If You are uneble to respond b]I tlle abOVe dete, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: � We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: ��Please pravicCe tFee fo�ng:nfo�cton�Name of Person[sl Commentlng: ' �Ji�r-- Phone Number[sl: SLR2000-00007&8 AGENCY REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD �ommunity�UeveCopment SkapingA Better Community DATE: lune 19,2000 RECEIVED PLANNING T0: lim Wolf,Ti9ard Police Department Crime Preuentlon O�icer J U N 2 0 2000 FROM: City of Tigard Planning Division CITY�F TIGARD STAFF CONTACT: lulia Powell Naiduk,Associate Planner x401 Phone: [5031639-4111/Fax: [5031684-]29) SENSITIVE LANDS REYIEW[SLRI 2000-00007/SENSITIVE LANDS REVIEW[SLRI 2000-00008 ➢ LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Q REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1S134DD tax lots 00900 and 01000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. Attached is the SItC Plell,Yiclnity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IUIY 3,2000. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the abo�e date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CNECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: (��a.se pm�Ce c�jol�wing:nforn�arion�Name of Person[sl Commentlng: 1 �o\� U � Phone Number[sl: � �.�a SLR2000-00007 8 8 AGENCY REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OF TIGARD Community�DeveCopment ShapingA Better Cammunity DATE: lune 19,2000 T0: Nadine Smith,Aduanced Planning Supervisor FROM: CiC�of Tigard Planning Division STAFF CONTACT: lulia Powell Halduk,Associate Planner x407 Phone: [5031639-4111/Fax: [5031684-7291 SENSITIVE LANDS REVIEW[SLRI 2000-00007/SENSITIVE LANDS REVIEW[SLRI 2000-00008 ➢ LOWE'S NARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Q REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1S134DD tax lots 00900 and 01000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. Attached is the Site Plan,Vicinity Map and ApplicanYS StetCmCllt for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 3,2000. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the aboue date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS TNAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. — / Please refer to the enclosed letter. 4� Written comments provided betow: ��Please pravr�e tke fo��in}'orn�c�on�Name of Person[sl Commenting: Phone Num6er[sl: SLR2000-00007&8 AGENCY REQUEST FOR COMMENTS ,4- j� � /� �. � ��-- . / / c�c� o �c�� — �. �, u `" �C� � • , �z-� u`-���• ' �`''"� /�.J -0r�..=-t�-� � y, �. � �-� ,,.,�,i�- •'�`�t� . � ��J � � _ �� � �� --- � 7 ,il�> � J-A- ��- ?% l ��' � /� � � n � � '�`-��� �/ �� � �„_, , �� 5 � �' ° �� /v �- ���-tk U� � L � �� / � w /..t-sr' L��� � �!),/. _ � � � ..,���,...r, ., .f� c.� � � ,,U�� � ,� �. ���,c� �/ / ` � ' �� � L, � � J . / � � _ G � � �, � 4 � T�,1 � ���-�- � -► �� �'. J � � � � .� �� � i� t�� �c � I Zv C� � � �, f�j"��/ � � , /,]�z � - � - - � � � �°r�'I�� ���� ��y f, ;� � � � ----s'--- -- __ __ __ � 1� � -------------------- SW TIGARD STREET ---- -- `K - —-- - . -- - - - ---- T-- -T-- -- -- _. , , a I � � — . , . , � „ ,� �, �.�.e..e.+4..R I 1 t l 111 t t � � Illllllll 1 � I 1 llllllllll 1 ',i�� � � ' llllill,l ll11111111 Ill ,• ' � � � llll �llll",,,llllil / � t lll 1 1111 llll 1 �� l 1 11111111111t11 1111Y1 1111 �� 11 11 ,•� � � ll 11 ll l 1 • l 1 llllllll Illll l llll •� � Z � 1 11 il 1 i • •• ll l llllll 111 llllll � Illl �� 1 l ll 1 1 lll '� • • llll llllllll 111 lllllll N° lilll � / ��I 1 ll 1 � 1 lll �, • • � 1111 lillllll�l lllllll� 11111 ,•�i O � l llllll ll 1 llll �� � � � � � � � lll 1l11111111 lllllll � llllll �, ��'" � ��I l l 11 lll l I Illl ll 1 11.t:�' illlll � lll � �y'�� � � l l tl 111 l l l l l i � �� ��=� __� l 1111" I � 11 l '"� � v�� ll 11 lll l ll ll �� ^_ — — 1 11 � 1 rJll �� �, ��o � ll1 I11111 l 11 11 � -• �� " lll i� 1 illlla � �I l l l l I l l , 1l 1 " - � �1111 1� �ml ,�� � � � i l l l l I 1 1'� �' . . . �(�l l l l l l l l l l l / `� �/ Q i l 1 11 1 1 � I lllllll 1 Il � . t ' 1 0� itt l 1111� �`�� � � '^ l l �' Cy��� lll �l ill1T • � V ' •i�.. .. t � . � �;y� ui ii�i� . � ,/ I � , i . "`��. - �i i�✓�'� \`� Z ! � 11�Y¢� . �/ � i � �u... � — �� / � Q�4 Z I I �'��rl � �11 11 V� � �N� ``�� /%�. � ll d �y�� � R �\/ �`'� � � �r�»�,w� / L�„^ � �/ I .N� ��� � ��/ i r'�` ��'� i �\ � J � / I I r R�o i �� � � ��v Q 2 R�mLx o � � �.-�.,w�.`�u�iSi � ��'-- — r � 7 t,� �� �d.�7. � 1 �� � � , /, �r� \ / " ���` ri rA t,Q > Q � a� ��� �N�� � ��/ r�$� � �� �� O,i°'°"~� ���/ =go",°s� /^\�� /�"f� ��g� � � n A // O � �O �O � , �� r��� / / ��� � °� �m q''.,� � \ �� � j' ���N � � _ � .�„� _ _ — % �� � Qr� � ��m= u' � _ „�, ; i i ; / �� p° O I " '°`�" . ^ j , �. � � / - � ; I � � I, �� � o.���. j � ` /� �/ ��" �� � C� , , __ , � �----- - ' ' � � � � ' '� � � � . ; . . � � , • �R �� �� o � � � � ,.. M<���; ° . .. /� �� � � � � �, / � � � € � a � �`., � , �. � o � � %� ji� �� ° � � � �� �. � L � � � /�/ � � � � , �w a�j/ v � / / �� /� 'r � SLR2000-00007/SLR2000-00009 �TY oF i�AR SITE PLAN N LOWE'S HARDWARE WETLAND (Map is not to scale) MITIGATION @ FOWLER MIDDLE SCHOOL 3 = -�-- — �EJ�Fa: � W � � . GFOGF�VniC irviORU�iiO�. 5v5TEM � �� VICINITY MAP NORTH gT i �u ORTR--6- � � = , � � __ __ _ _ _ ___ _ , 5T F � SLR2000-00001 � SLR2000-00008 � � ___ _ __ _ ___ _ �i`'���; �,� LOWE'S FormallY Eagle) , � � � � I ' �y � -? HARDWA E WETLAN D a �' ° 1 \ ��� � MITIGaTION FOWLER � � � T � � -_�!_�-� �_ �: _ � s MIDDLE SCHOOL TIGARD V - - - `� I - - �TI—-� V � � . w N. � � -, i \ I i m a� \ ��P�'' T ', "----�._ �Q� . I � - I � '� _ ; L- 9'�0 MEADOW g7 i i . _ - _ --- - E�v� �- � �/ � \ ' � N J 2 SUBJECT.j ° I ! TAX LOTS � o �oo <oa 60o Feet , Q Z 1"=176 feet � I W W C ` H P O, Z � p Ciry of Tigard � I Inlortnafion on l�is map is!or general location only and �^ ihoulA bs veriled with Ihe Develapmenl Services Division. I 13125 SW H�II Blvd I, � ��'s� � Tiqard.OR 97223 ' � ��t`A (503)639-1171 � htip:/Mv.w.ci.liqard.or.us - -- -- Community Development Plot date:Jun 16,2000;C:lmagicWIAGIC03.APR � i REQUES� FOR COMMENTS CITY Of TIGARD r• Community[�e�vefopment � �. ShapingABetterCommunity � 3 �J7 DATE: lune 19,2000 �'� � � �,.._ T0: PROIECT PLANNER—TIME TO POST YOUR PROIECT SITE! FROM: City of Tigard Plannin9 Division ,° - , , ;, STAFF COHTACT: lulia Powell Nalduk,Associate Planner x401 `�/� Phone: [5031639-4171/Fax: [5031684-729) � SENSITIVE LANDS REYIEW[SLRI 2000-00007/SENSITIVE LANDS REVIEW[SLRI 2000-00008 ➢ LOWE'S NARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Q REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overtlow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1S134DD tax lots 00900 and 01000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. Attached is the Site Plan,YCllllty Mep end AppllCellt'S StetertlCllt for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 3,1000. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond b]I the aboue date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: (��e pro�de cke fol��,�g tnfo�c�on)Name of Person[sl Commentlng: Phone Number[sl: SLR2000-00007&8 AGENCY REQUEST FOR COMMENTS �� J t . , � � � ----�--- __ __ ._ ._ � a� I ----------__________ SW TIGARD STREET ._—_ `K � --- - . -- - - ---- 1---- .—r—___ __ " � -- � � �_ d � � I � . , 11 ll ll .tue..w�s� I I 1 l i l 11 l l � � lllllllll l I il llllllllll l •i�� � ` ' lllllll,l lillllllU lll ,' ' � � � - llll �1111„",llllll / l 1 111 1 ltll llll 1 �l� l � ltllllllllllll llllYl llll �p 11 tl ,•� ' � ll ll ll 1 1 ' 1 l llllllll lllll � 1 lill �r � Z � l ll al 1 i • • N 1 111111 all 111111$ llll- m� l 1 ll ll l lll ' ' ' Illl lllllll lll lllllll �° lilll � / `�I l ll 1 l 1 lll .-� � • • +.11l llllllllll lllllll.. � llilt 1 ,•�i O ��� 1 llllll ll l llll °� � � � � 111 llllllllll lllllll i llllll / " �^ �I l l II I11 1 1 llll � • ! • llllt Usr' llllll �; lll �•� ���� � � �� ll ll lll 1 l Illi � � �- � � . lllil" I lll '"� � Vni ll ll lll 1 ll U �� � Y_M=_. �lllll �I 1� ill�ll�l J� \•. ��� � 'yI Il� lllill 1 ll ll � -. � � ll 11 lll , ll I' �i111 � 1' ��l �� � � � 111 l l i 1 l'� , . . '(�l l l l l ll l lll / `�` � Q i 1 l II 1 1 � I ' lllllil 1 I1 � . � 1 0^'"'� P4t l I 1 l 1� �`�, � � '^ � l 1 �. i r 1 I 1 �Fl l 1 l 1 i i ,% v i `: l ' � � �� 111 llll� � � � I � _ .. , �i� 1�1/�'� �' `�� -I :i:.o � I l�l Yy�.. � � ! � � 'at't.w� � _�, � / L.. . J i i 1 �� 1 l 1 � ��� �`�, � � ` �� r � ill llV � �� � � j n+ibc,r�. � ll A iJ�/L� � o �/ �,,� � I �r +i»� �� ��� � ���(// � „� ��� / ' '� �, J I 1 R�o . • — � .,! •,\/ Q�' R�°�€ 0- � �rt»..�iN � /��� _\ I J `/� ��� � � / � 4 � �� � � � '� ��g,A tp �g€' LL � o o N� �/ , O N�s� / \ ' � ��� \ 4 Q.'t �,rAau�u�y� /� n� o ^ ��ic� K� i�S �� �� ^ � � � wo yy I '/" hZ=� / `, /�� ���0 � 1 / O�� — � �> �m � qrw � �� g , � �> �, � 1 / � — _ � � _/ N _ _ ,rAr'tm+� � /� ��r� � �i Qr� ���z � � ���° O � Z .ebao,. ; 1 � �' / �� I ~ �� I � � ` / � � ' \ \ / i � �� o,�,�a� � � ` // / . �� � �' � �� ; , / �0��� U � _— - � �----- _ - * �� � � � � � . ,. � - ; % �R ��, - ,- o � � � � � as � � � ��ti a , /� �� � o � ,.,� �li�r /' r r� $ A S � ' � R! � � �. �,z � '/a / �- "� ° o Q / � � � � ' � � / � � ° V � �a ��j'/ .. � � / / �� /� 'r � SLR2000-00007/SLR2000-00009 �TY oF i�AR SITE PLAN N LOWE'S HARDWARE WETLAND (Map is not to scale) MITIGATION C� FOWLER MIDDLE SCHOOL i � ���= - � = aE � � l� �EO�a.P��� w�oRw.. ow s.s.Ew � I VICINITY MAP NORTH gT I � NORTN—pA , ; ¢ ' , 3 � �___ _�_ ___ — SLR2000-OOOOl T ST. � ` o SLR2000-00008 . ___ _ _ _ _ ___ _ � .� d � � LOWE'S (formally Eagle} Y a `�V ;'� '- HARDWARE WETLAND J /\ a °' ° ��\ - � '� �1 MITIGATION C� FOWLER _ � � !� ! � `a��'���� � MIDDLE SCHOOL - - TIGARD --V-- ' __ �� �' �, � --�-- — - _ — �T�---�p i � � � � � � ��_ � Y � ° �� - --��v+ _ � —,� � � a � �c- o`��PI T � � _i 1-- —/c�'o I MEADOW gT T I I — ——� — -- /, � � �� J N , 2 SUBJECT I ° � TAX LOTS � ° �°° ^°° 600 `°°� a --�— QI 1"=476 leet � W W C 9d� ` F= P OS \ 2 N � � p Ciry of Tigard � �—;--- � Infortnabon on Ihis map is for general lowtion onty and .1� S B� should be venfied N+t�Uie Oevelopmenl Ssrncss Dihsion. I I HI,p( OING tJ125 SW Hall Blvd . i I I I I �I"S+� H TipaM,OR 97223 , �CA (503)639-1171 _ _... __ —_ _ !_!�_,—... _ ____ .. _ � ) � http:lh�vnv.U.ugarC,or.us Community Development Plot date:Jun 16,2000;C:lmagicVNAGIC03.APR AFFIDAVIT OF MAILING CITYOFTIGARD Cnnirnunity�DeveCoprnent S(raping�BetterCommunity S7A�o�o�,�GoN ) County of'Was(zington �ss. city of Zigarcf � I, <1'atrlcia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative SpeciaCut II for the City of7`igard, 4NasFiin9ton County, Oregon and that I served the following: (Chedc APDmp�ate Box(s)Bebw} ❑ IIOTICE oF PENDING LAND USE APPLICATION FOR: C AMENDED NOTICE (File No./Name Reterence) - City of Tigard Planning Director C NOflCE OF DECISION FOR: -- AMENDED NOTICE (Fi�e No./Name Reterence) - City of Tigard Planning Director ❑ NoncE oF PUBLIC HEARING FoR: � ___ � � AMENDED NOTICE (File No./Name Reference) (Date o(Public Heanng) - City of Tigard Planning Director - Tigard Hearings Officer - Tigard Planning Commission - Tigard City Council � NOTICE OF FINAL ORDER FOR:'� SLR2000-OOOOl & 8/LOWE'S HARDWARE WETIAND MITIGATION @ FOWLER SCHOOL � AUGUST 1 2000 — AMENDED NOTICE (File No.Mame Re(erence) (Date of Pubiic Hearings) ❑ City of Tigard Planning Director � Tigard Hearings Officer p Tigard Planning Commission ❑ Tigard City Council �'� NOTICE OF. (Type/Kind of Notice) fOR: � I (File NoJName Reference) (Date of Public Heanng,if applicable) A copy of the PUBLIC HEARIN6 NOTICE/NOTICE OF DECISION/NOTICE Of fINAI ORDER/OTHER NOTICE[S] of which is attached, mar�ced Ex Iblt "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked E%hlblt"B" on All IIStI and de ed i the United States Mail on A0911St11,2000, postage prepaid. � - . � (Pe t are N tic Subscribed and sworn/affirmed before me on the �� day of (2�� , 2000. ;;% OF�ICIAL SF�L SHERMAN S.C14SPER NOTARY PUBLIC-0REGON My Commission Expires: MY COMMISSION IIXF RES MAY 13�,2003 � EXHr��T ,� 120 DAYS�t O/1 L/LOOO CITY OF TIOARD Community�DeveCopment S(apingA Better Community CITY OF TIGARD `(Nashin�ton County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OffICER Case Numbers: SENSITIVE LANDS REVIEW(SLR) 2000-00007 AND SLR2000-00008 Case Name: LOWE'S HARDWARE WETLAND MITIGATION � FOWLER MIDDLE SCHOOL Name of Owner: Ti ar -Tualatin School Di trict Name of Applicant: Lowe's Home Improvement Warehouse Address of Applicant: 1530 Faraday Avenue. Suite 125. Carlsbad. CA 92008 Address of Property: North f F wler Middle chool south of Ti ard Street and west of Tiedeman Street Tax Map/Lot Nos.: WCTM 1 S134DD, Tax Lots 00900 and 01000. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROYING A REQUEST FOR �ENSITIVE IANDS REVIEW. TNE CITY OF TIGARD HEARINGS OFFICER HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, TNE PIANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLIfATION DESCRIBED IN FURTHER DETAII IN THE STAff REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON AUGUST 7, 2000 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DE�ISION HAS BEEN BASED ON THE FACTS, FINDINGS AND (ON�LUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: ➢ Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. Action: ➢ ❑ Approval as Requested � Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: 0 Owners of Record Within the Required Distance 0 Affected Government Agencies � The Affected Citizen Involvement Team Facilitator 0 The Applicants and Owners The adopted findings of fact, decision and statement of conditions can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THIS DEfISION IS FINAL ON AUGUST I I, 2000 AND BECOMES EFFECTIVE ON AUGUST 26, 2000 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON AUGUST 25, 2000. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. BEFORE THE LAND USE HEARINGS OFFICER FOR TI�CITY OF TIGARD, OREGON Regarding applications for sensitive lands review for ) F I N A L O R D E R approval of wetlands enhancement to Fanno Creek near ) Fowler Middle School as mitigation for development of ) SLR 2000-00007/00008 a Lowe's store elsewhere in the City of Tigard, Oregon ) (Lowe's Mitigation) A. SUMMARY l. Lowe's Home Lnprovement, Inc., (the "applicant") requests Type III sensitive lands review approval for construction of an overflow channel for Fanno Creek and Type II sensitive lands review for wetland buffer enhancements in the Waler Resources �verlay district. Such an application is subject to the standards in Tigard Community Development Code("CDC") 18.390, 18.775 and 18.797. Because the two applications have been combined for purposes of processing, both are subject to a Type III review process. 2. The site of the proposed landform alteration and wedands buffer enhancement is between SW Tiedeman Avenue and SW Tigard Street east of Fowler Middle School on property owned by the school district The applicant will purchase an easement over the relevant portion of the school property to encompass the mitigarion site and provide for its long-term maintenance. The legal description of the school property is tax lots 00900 and O10(}0, WCTM 1 S 134DD,Washington County. The applicant submitted a proposed legal description for the 3.1 acres of the site to be used for the mitigation project(the"site"). 3. The proposed 3.1 acres of enhancement is required to mitigate for loss of 0.81 acres of wetlands and diversion of a creek at the site of the proposed Lowe's Home Improvement Store at the intersection of Highway 217 and SW 72nd Avenue (the former Phil Lewis Elementary School site) pursuant to permits issued by the U.S. Army Corps of Engineers ("USCOE") and Oregon Division of State Lands ("ODSL") and the review of those permits by the National Marine Fisheries Service ("NMFS"),copies of which are in the record. 4. The applicant provided specific excavation, grading,vegetation management, planting,erosion control and monitoring plans for the subject site,which are approved by those agencies. In summary, the applicant will create a channel for Fanno Creek when it overflows,enhancing the flood cazrying capacity of the creek;provide for fisheries protection in the oveflow channel;remove certain non-native and noxious vegetation in the wedand buffer; and replant the buffer and the banks of the overflow channel with certain native species. The applicant will monitor the success of the mitigation plan for five years after it is completed, and will take further actions warranted as a result of monitoring. 5 . A public hearing was held on August 7, 2000 to review the applications. City staff recommended approval. The applicant accepted the staff recommendations but requested delerion of condition of approval 1,because information in the application and information submitted at the hearing fulfills that condition. Other than the City staff and . applicant,no one testif'ied orally or in writing. The record closed at the end of the hearing. The hearings officer approves the Sensitive Lands Review applications as provided herein. B. HEARING AND RECORD 1. Tigard Land Use Hearings Officer Larry Epstein (the "hearings officer") received tesrimony at the public hearing about this application on August 7, 2000. Hearings O,�``icer Fina!Order SLR 2000-00007 and 20000-00008 (Lowe's Mitigation) Page 1 � a. The hearings officer announced at the beginning of the hearing the rights of persons with an interest in the matter, including the right to request that the hearings officer continue the hearing or hold open the public record,the duty of those persons to testify and to raise all issues to preserve appeal rights, the manner in which the hearing will be conducted, and the applicable approval standards. The hearings officer disclaimed any ex parte contacts,bias or conflicts of interest. b. The hearings officer received and physically inspected the file maintained by the City regarding this application. The record includes materials in the file prior to the hearing, testimony and evidence entered into the record at the hearing, the list of witnesses at the hearing and the tape of hearing proceedings. The record is filed at City Hall. 2. City planner Matt Scheidegger summarized the Staff Report. 3. Landscape architect Scott Banker and lawyer Frank Flynn appeared for the applicant� Mr. Flynn summarized the proposed development and reviews that USCOE, ODSL and NMFS have completed. He introduced a revised legal description for the easement over the mitigation site and testified that the School Board has authorized Ron Hudson to sign the easement as soon as the applicant obtains all required permits. He introduced a copy of a letter from NMFS following informal consultation with USCOE regarding compliance with the Endangered Species Act(the"ESA") in which NMFS concludes the mitigation plan must be unplemented to comply with the ESA. He tesrif'ied the conditions of approval recommended by County staff are acceptable to the applicant. However the applicant believes condition of approval 1 is unnecessary and should be deleted, because the applicant has provided information about proposed methods and materials sufficient to fulfill that condition. He introduced a letter from Mr. Banker in support of that argument. He also argued that conditions 2 through 4 are unnecessary, but agreed they impose no burden on the applicant. He explained that time is of the essence, because the USCOFJODSL permits require the work to be done within the next couple of months. He waived the applicant's right to have the record held open for seven days after the hearing. C. DISCUSSION 1. City staff recommended approval of both sensitive lands review applications addressed in this decision based on the fmdings in Section N of the Staff RepoR and subject to the conditions of approval in Section II of the Staff Repor� No one disputed those findings. No one opposed the application. The hearings officer concludes the findings in the Staff Report accurately reflect the law and the facts. The hearings officer adopts and incorporates those findings as his own except as otherwise provided herein. 2. The applicant asked the hearings officer to delete recommended condition of approval 1,because it is unnecessary.l In particular, sheets 5 and 6 of the preliminary plans shows what erosion control measures the applicant intends to use to minimize possible adverse effects of grading. The August 7letter from Mr. Banker provides additional ` Proposed condition of approval 1 reads as follows: Provide additional informadon on ihe conswction materials and methods that will be utilized for conswction of the overflow channel. 'Ifie consrruction must utilize equipment designed to minimize ground disturbances and the methods must be consistent with other requirements of the Water Resources Overlay standards. Specif"ic details needed include:the type of equipment to be used,the area impacted,and how the construction methods will insure that there is no more impact than necessary for the construction. Hearings Officer Final Order SLR 2000-00007 and 20000-00008 (Lowe's Mitigation) page 2 information about the machine the applicant proposes to use to undertake excavation in the riparian setback area, why that machine has lesser adverse effects than other possible equipment, and the area impacted by that excavation, but City staff were unable to r�view and respond to that letter in the time available; therefore,staff have not advised the hearings ofiicer whether condition of approval 1 remains necessary. The following is the hearings officer's analysis of that issue. a. Condition of approval 1 is recommended to ensure excavation in the riparian setback area will comply with the development standard in CDC 18.797.080.C.2 The hearings officer fmds that the applicant has carried the burden of proof that the proposed excavation in the riparian setback area will comply with CDC 18.797.080.C, based on the following findings. b. There is little or no native vegetation in the area to be excavated. Most vegetation in the area is non-native and noxious Reed canarygrass. Therefore the proposed excavation will not adversely affect native vegetation. c. The applicant proposes to use methods to minimize damage to water quality by preventing erosion. See General Note 11 on sheet 1 and sheets 5 and 6 of the preliminary plans. The applicant also proposes to use equipment that has a lesser potential adverse effect by its very nature(i.e.,because it is a tracked vehicle rather than a wheeled vehicle)and in a manner that further reduces its potential adverse impact(i.e.,by operating the vehicle on the Reed canarygrass mat already on the site rather than on disturbed soil). The application includes the following statement: Excavation will be limited to the area needed for the overflow channel. Erosion will be minimized by lining the overflow channel with erosion control fabric, and placing temporary sediment barriers and bio-filter bags for check dams. Disturbed areas of the site will be seeded with native seed. d. There is no practicable way for the applicant to undertake the required excavation without a machine; the machine the applicant proposes to use and the manner in which the applicant proposes to use it has the least potential adverse effec� The applicant will use methods to avoid or minimize short-term impacts to water quality. In the long-term, revegetation of the riparian setback area will stabiliz�soils there. Excavated soils shall not be stored in the riparian area. Further information is not necessary to comply with CDC 18.797.080.C, provided the applicant undertakes the proposed excavation as proposed. e. The hearings officer finds that applicant will use methods to minimize impacts on water quality. That fulfills the intent of recommended condition of approval 1. Therefore the condition should be modified to reflect the preceding discussion. 3. The applicant also argued that conditions of approval2 through 4 are not necessary. But the hearings officer finds those conditions are warranted by the findings on pages 7 through 9 of the Staff Report. In effect the conditions require the applicant to do what the applicant proposed or is required to do by law. Although the conditions might be considered duplicative of the application and/or the law,they are warranted to ensure the applicant undertakes the proposed excavation and development as represented and required by law. They do not impose any material burden on the applicant if the applicant does what Z CDC 18.797.080.0 provides as follows: Where development within the riparian setback is unavoidable,conswction materials or meWods used within the riparian setback area shall minimize damage to water quality and native vegetation. Hearings O„B`icer Fina!Order SLR 2000-00007 and 20000-00008 (Lowe's Mitigation) page 3 the applicant said it would do. Therefore the hearings officer finds those conditions should be retained without changes. D. CONCLUSION Based on the fmdings adopted and incorporated herein,the hearings officer concludes that the proposed sensitive lands review applications comply with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with the recommended conditions of approval with changes warranted by the discussion herein and with applicable local, state, and federal laws. E. DECISION In recognition of the fmdings and conclusions contained herein, and incorporating the Staff Report and other reports of affected public agencies and testimony and exhibits received in this matter, the hearings officer hereby approves SLR 2000-00007 and 2000- 00008 (Lowe's Mitigation}, subject to the conditions of approval in Section II of the Staff Report with the following amendment: 1. Condition of approval 1 is hereby amended to read as follows: 1. The applicant and any contractor employed by the applicant for the project shall undertake development in the riparian setback zone in the manner described in the applications,incorporating the erosion control measures in General Note 11 on sheet 1 and on sheets 5 and 6 of the preliminary plans, the measures described in Mr. Banker's August 7, 20001etter to the hearings officer and other relevant aspects of the applications. Excavated soils shall not be stored in the riparian setback area. Most of the Reed canarygrass shall be retained in the riparian setback zone where excavating machines will travel or operate until after completion of excavation so it provides a stable base for excavating equipment. The planning manager shall modify this condition to conform with requirements of the Unified Sewerage Agency, USCOE or ODSL in the event such requirements conflict with this condition. DATED this 8th day of August, 2000. Larry Epste , P City of Tigard Hearings Officer Hearings O,�`Icer Firtal Order SLR 2000-00007 and 20000-00008 (Lowe's Mitigation) Page 4 �y: Agenda Item: 2.1 Hearing Date: Aupust 7. 2000 Time: 7•00 PM STAFF REPORT TO THE HEARINGS OFFICER CITYOFTIGARD ' Community�DeveCopment FOR THE CITY OF TIGARD, OREGON S�+a1n"9.�IBetterCammunity 120 DAYS = 10/12/2000 SECTION I. APPLICATION SUMMARY FILE NAME: LOWE'S HARDWARE WETLAND MITIGATION�a FOWLER MIDDLE SCHOOL FILE NOS.: Sensitive Lands Review (SLR) SLR2000-00007 Sensitive Lands Review (SLR) SLR2000-00008 PROPOSAL: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overtlow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. APPLICANT: Lowe's Home Improvement, Inc. OWNER: Tigard/Tualatin School Dist. 1530 Faraday Avenue, Suite 125 Attn: Ron Hudson Calsbad, CA 92008 13137 SW Pacific Highway Tigard ,OR 97223 CONSULTANT: David Evans and Associates, Inc. Attn: Kristina Gifford Mckenzie 2828 SW Corbett Avenue Portland, OR 97201 COMPREHENSIVE PLAN _ DESIGNATION: Low-Density Residential. ZONING DESIGNATION: R-4.5. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1S134DD, Tax Lots 00900 and 01000. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. �ECTION II. RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Sensitive Lands Review will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 1 OF 11 � SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETI.AND MITIGATION Q FOWLER MIDDLE SCHOOI . } CONDITIONS OF APPROVAL �`' PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITlONS SHAI.L BE SATISFIED (UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE BRIAN RAGER IN THE CITY OF TIGARD ENGINEERING DEPARTMENT): 1. Provide additional information on the construction materials and methods that will be utilized for construction of the overflow channel. The construction must utilize equipment designed to minimize ground disturbances and the methods must be consistent. with other requirements of the Water Resources Overlay standards. Specific details needed include: the type of equipment to be used, the area impacted, and how the construction methods will insure that there is no more impact than necessary for the construction. 2. Install approved erosion control measures prior to construction. Erosion control measures may not be removed until construction has been completed. 3. Install construction fencing around trees within the work area to insure that they are protected. Staff Contact: Julia Hajduk, Planning Division. 4. Prior to construction, the work area shall be staked and clearly marked. THIS APPROVAL SHALL BE VALID �OR EIGHTEEN (18} MONTHS FROM THE EFFECTIVE DATE OF THE HEARINGS OFFICERS DECISION. SECTION III. BACKGROUND INFORMATION The applicant has received approval to remove wetlands and culvert a stream on the Eagle Hardware (now Lowe's) site. The approval required mitigation. The applicant has received approval from the US Army Corps of Engineers and DSL to mitigate the wetlands within the Fanno Creek 100-year floodplain, on property owned by the Tigard-Tualatin School District. The 3.1-acre mitigation site contains a segment of Fanno Creek and adjacent wetlands with vegetation dominated by Reed canarygrass, a non-native, invasive species. The site currently provides flood storage and some water quality benefit, but little habitat diversity or structure. The mitigation project will enhance existing wetlands by removing Reed cana grass and re lanting the site with native trees, shrubs, and other herbaceous vegetation. The proposed planting will establish Oregon ash forest, willow shrub, and mixed emerg ent communities similar to those found in nearby wetland areas. Native tree species, including Red osier dogwood and Pacific willow, will be established along approximately 400 feet of the bank of Fanno Creek. There will be streambank work in Fanno Creek to construct the overtlow channel connections. Fanno Creek is listed as a major stream on the Water Resources Overlay Map. There are City inventoried and jurisdictional wetlands within the area. Because the proposal involves work along the floodway, Sensitive Lands Review (�SLR) approval by the Hearings Officer is required. Because there is work occurring in the City Inventoried wetlands, Type II Water Resources �verlay review is required. The City is workin� on a wetland mitigation and trail project on this site as well. The applicant and the City are coordinating and the City's project location has been shown on the applicant's plans for reference. ��TI�N IV. APPLICABLE REVIEW CRITERIA AND FINDINGS SENSITIVE LANDS Section 18.775 states that the Hearings O�cer shall have the authority to issue a sensitive lands permit in the 100-year floodplain by means of a Type IIIA procedure, as governed in Section 18.390.050, using approval criteria contained in Section 18.775.070 B-E. Sensitive lands permits shall be required for any ground disturbance in the floodway. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 2 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL W' i e - earl li . The Hearings fficer shall approve, approve with conditions or deny an application request within the 100-y ear filoodplain 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; The landform alterations propose no fill, only excavation/removal of material for creation of an overflow channel. The overflow channel will not increase flood level� during the base flood discharge. Land form alterations or developments within the 100-year floodplain shalf 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,wetland mitigation project is not a development project. The only alterations proposed within the floodpfain are soil excavation for creation of the overtlow channel and connection of the overflow channel to Fanno Creek as part of a wetland enhancement proJ ect. While the site is zoned residential (R-4.5), it has an open space overlay designation and is currently used as public open space and will continue to be used as public open space when the proposed wetland enhancement project is implemented. The use of the site is similar to those uses listed above - particularly "community recreation uses" - which are allowed in areas with residential zoning. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100- year flood; The land form alteration proposed is excavation of an approximately 580-foot-long overflow channel connecting at bofh ends to Fanno Creek. This work will not result in net fill within the floodplain, but will rather result in net removal. It will not result in an increase in the water surface elevation of the 100-year flood as certified in the Hydraulic and Soils Report. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; The City of Tigard is in the process of developing a pedestrian pathway between Tigard Street and Tiedeman Avenue across the Fowler Middle School site. The pathway will cross the wetland mitigation site proposed by the applicant. The location of the pathway is indicated on the plans, however, the trail is not a part of the land use action proposed by this applicant. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; As stated previously, this project does not involve the construction of a bicycle path, therefore, this standard is not applicable to this proposal. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and Permits were obtained from both the Corps (#99-199) and Oregon Division of State Lands (DSL) (RF-16790) for both the wetland impacts to occur at the Lowe's Home Improvement Warehouse store site and the compensatory wetland enhancement work to be carried out at the Fowler Middle School site. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 3 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION�FOWLER MIDDLE SCHOOL Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain,.the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The site of the proposed wetland enhancement project currently consists and will continue to consist of open land area. Since the site is already dedicated to public use, no further dedication of land within the floodplain is necessary. FINDING: Based on the analysis above, the Sensitive Lands Review criteria for alterations within the 100-year floodplain have been met. Within Drainagew�ys. The appropriate approval authority shall approve: approve with conditions or deny an application request for 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 the extent greater than that required for the use; Landform alteration within the floodway will consist of connecting both ends of the overtlow channel to Fanno Creek, and thereby altering the banks of Fanno Creek at the locations where the overflow channel connects to it. It is necessary to connect the channel to Fanno Creek in order to provide fish habitat without creating a fish "trap" as the higher flows recede. The disturbance to the banks of Fanno Creek is the minimum necessary to accommodate the proposed use. 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 landform alteration will not result in erosion, sedimentation, ground instability, or other adverse on or off-site effects. The channel will be stabilized with coconut erosion control fabric and live staking with woody species. In addition to the channel work, live staking proposed along Fanno Creek will increase streambank stability. The water flow capacity of the drainageway is not decreased; The proposed work will not decrease the water flow capacity of the drainageway. The project does not involve any obstruction or filling of the drainageway. As described in the Hydraulic and Soils Report, the water flow capacity of the drainageway will be increased rather than decreased by the creation of the overflow channel. 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; Vegetation will be removed to construct the overflow channel, however, it will be re-vegetated as shown on the mitigation planting plan with Oregon Ash and live staking. Non-native vegetation will be removed and native vegetation will be planted. 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 continue to function and will not require replacement. The above criterion is not applicable. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 4 OF 11 SLR2000�-00007 and S1R2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Permits were obtained from both the Corps (#99-199) and DSL (RF-16790) for both the wetland impacts to occur at the Lowe's Home Improvement Warehouse site and the compensatory wetland enhancement work proposed at the Fowler Middle School site. Where landform 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 ad�acent 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 above criterion is not applicable, as described previously in this report. FINDING: Based on the analysis above, the Sensitive Lands Review criteria for drainageways have been met. 114letlands Because the wetland is identified on the Water Resources Overlay Map and is, therefore, listed as a significant wetland on the Comprehensive Plan Map, the Water Resources Overlay standards apply in-lieu of the Sensitive Lands Review standards. Work on the wetland is permitted as a Type II decision with mitigation because the proposal involves a utility crossmg. WATER RESOURCES DEVELOPMENT STANDARDS (18.797.080� The following shall apply to all development, including native vegetation removal and excavation, within the WR overlay district. No application for a use identified in Section 18.797.050 shall be deemed complete until the applicant has addressed each of these standards in writing. Alternatives Considered. Except for stream corridor enhancement, most Type II and III uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and III development applications must carefully examine upland alternatives for the proposed use, and exPlain the reasons why the proposed develoPment cannot reasonably occur outside of the water resource or riparian setback area. The proposed project is a stream corridor enhancement project and is, therefore, exempted from an alternatives analysis. FINDING: Based on the information above, this standard does not,apply. Minimize Siting Impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. For Type 11 and III uses, the civil engineer with experience in water quality must certify that an adverse water quality impacts of the development proposal will be minimized consis�ent with best management practices; For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. The project is designed not only to minimize loss of native vegetation but to increase the amount of native vegetation on the site by replacing Reed canaryg rass, a non-native, invasive species, with the native species such as Oregon ash, Pacific willow, Red-osier dogwood, Twinberry, Pacific ninebark, Nootka rose, Slough and Saw-beak sedges, Tall manna grass, and Small-fruited bulrush. The project will have a beneficial, rather than adverse hydrologic impact on water resources because the proposed overtlow channel will Provide increased flood storage capacity. The applicant has indicated that excavation will be imited to the area needed for the overflow channel. Erosion will be minimized by lining the overflow channel with erosion control fabric, and placing temporary sediment barriers and bio-filter bags for check dams. Disturbed areas of the sife will be seeded with native seed. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 5 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDIE SCHOOL The Hydraulic and Soils Repo�t has been prepared by Richard Attanasio, P.E., a civil engineer with experience in water quality. He indicated that the proposed project will not result in any adverse water quality impacts, but rather will provide water quality benefits. Because the proposed project is an enhancement project, it and must occur within the water resource and nparian setback areas. FINDING: Based on the analysis above, the project will minimize site impacts as much as possible while still providing for the required enhancement. Construction materials and methods. Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. . The project will occur within the riparian setback area. The applicant has indicated that the construction materials and methods used will not cause damage to water quality or native vegetation, however, they have not provided details on the construction mefhods and tools that will be utilized. There is certain equipment that is more suitable and less intrusive in the wetland areas than others and the tools used to accomplish the enhancement need to be the least intrusive to the remainder of the site. A condition is needed for the applicant to provide information on what types of tools will be utilized and how these tools provide the least disturbance to the wetfand that is realistic. FINDING: Based on the analysis above, this standard has not been fully addressed. If the applicant complies with the condition listed below, the standards will be fully met. CONDITION:Provide additional information on the construction materials and methods that will be utilized for construction of the overtlow channel. The construction must utilize equipment desi�ned to minimize ground disturbances and the methods must be consistent with other requirements of the Water Resources Overlay standards. Specific details needed include: the type of e uipment to be used, the area impacted, and how the construction methods w� insure that there is no more impact than necessary for the construction. Minimize flood damaae. Aboveground residential structures shall not be permitted within the WR overlay district, where such land is also within the 100-year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off-site. Any new commercial or indust�ial land development Proposed within the 100-year floodp�ain shall be designed consistent with Chapter 18.775, Sensitive Lands. No above-ground residential structures are planned within the WR overlay district as part of the proposed wetland enhancement project. On-site flood storage capacity will not decrease as a result of the project, in fact, the pro�ect will increase on-site flood storage capacity. FINDING: Based on the analysis above, this standard has been met. Avoid steep slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25% or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. No excavation or vegetation removal is proposed on areas with slopes of 25 percent or �greater. Slopes on the site range from less than one percent to nine percent. Soils mapped for these sites are Cove silty clay loam with slow runoff and slight erosion potential. FINDING: Based on the analysis above, this standard has been met. Minimize impacts on existing veaetation. The followin� standards shall apply when construction activity is proposed in era as where vegetation is to be preserved. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 6 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Temporary measures used for initial erosion control shall not be left in place permanently; The appiicant has stated that temporary erosion control measures such as sediment barriers, bio-bags, and tree protection fence will be removed upon completion of construction and stabilization of disturbed areas. The coir lining of the overflow channel will remain, as removal would disturb wetland vegetation. Work areas on the immediate site shall be carefully identifed and marked to reduce potential damage to trees and vegetation; The applicant has indicated that enhancement construction areas will be field staked prior to construction, and tree protection fencing will be installed prior to grading. A condition to this affect is necessary. Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area; The applicant has stated that trees will not be used to anchor equipment. The trees will be protected during grading operations by tree protection fencing, which will help insure that this standard is compfied with. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place; The project will not involve falling and removing trees. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. The applicant has stated that no permanent stockpiling of soil will occur as part of the proposed project and that excavated soil material will be removed from the site. FINDING: Based on the analysis above, staff can not find that these standard have been fully met. If the applicant complies with the conditions specified below, the standards will be mef. CONDITIONS: . The applicant shall install construction fencing aroupd trees within the work area to insure that they are protected. • Prior to construction, the work area shall be staked and clearly marked. Note: The applicant, b�r submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. Vegetation mitiaation plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.797.100, a mitigation plan shall be prepared and implemented. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis; The proposed work is considered to constitute a Type II use within the water resource site, however, since the proposed project is an enhancement project and will not decrease the buffer, mitigation is not required. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 7 OF 11 SLR2000-00007 and SLR2000-000081OWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Where approval is �ranted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacin non-native vegetation within the remaining, protected riparian setback area on a 1�:1 basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re-planted with native plant species; No riparian areas will be lost to development or reduced, therefore, the above criterion is not applicable. The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The apPlicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. The proposed project involves removing non-native Reed canary grass and re-planting the site with native species. The area will be monitored for five years and will achieve an 80 percent survival rate, in accordance with the Corps and DSL permits. Because this is required by DSL and the US Army Corps of Engineers, no additional conditions are needed. FINDING: Based on the analysis above, these standards have been met. Wa er and sewer infiltra ion and dischar e. Water and sanitary sewer facilities shall be designed, located and constructed o avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. No water or sanitary sewer facilities will be located on the site of the proposed wetland enhancement project. The above criterion is not applicable. FINDING: Based on the analysis above, this standard is not applicable. On-site systems. On-site septic systems and private wells shall be prohibited within the WR overlay district. No on-site septic systems or private wells are proposed as part of this wetland enhancement project. The above criterion is not applicable. FINDING: Based on the analysis above, this standard is not applicable. Erosion control plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion; The applicant has submitted an erosion control plan which will insure that visible and measurable erosion control measures will be minimized. A condition will be attached requiring the erosion control measures to be in place prior to construction and removed only after the construction is complete. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil sha11 be confined to the immediate construction site only; The disturbed area surrounding the construction of the overflow channel will be confined to that area of the site. The disturbed area will be seeded and mulched upon completion of construction activities. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction; 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 8 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Planting will take place between September and November. The work will be conducted consistent with the DSUCorps joint permit, which requires dry season construction of the overflow channel. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar:days. All disturbed land areas which will remain unworked for 21 days or more during construction, shall be mulched and seeded; All excavation shall be completed in the low-water period (June through September). The only exposed soils will be located in and near the proposed overflow channel. The sides and bottom of the overflow channel shall be lined with coir fabric. The area surrounding the construction of the overflow channel will be seeded and mulched upon completion of construction activities. During construction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff; Sediment barriers and check dams are planned for control of sediment on-site. A stabilized pad of gravel shall be constructed at all entrances and exists to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site; The plans provide for a stabilized pad of gravel to be used for entrance to the construction site. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to the�r original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation; No topsoil will be stripped. Planting details call out the necessary soil amendments to support survival. Soil excavated for the overflow channel will be removed from the site to increase wetland areas and flood storage capacity. The removal of all sediments which are carried into the streets, yvater resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways; Sediment will be controlled on the site, and is not expected to be carried into streets, water resources, or onto adjacent properties. The applicant has indicated that they understand that if sedimentation were to affect the aforementioned areas, cleanup and repair would be the responsibility of the applicant. Any other relevant provisions of the Erosion Prevention and Sediment Control Plans Technical Guidance Handbook (City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. The plans have been designed using the standards above. The Planning Director will not require any additional requirements. FINDING: Based on the analysis above, these standard have not been fully met. If the applicant complies with the condition specified below, the standards will be met. CONDITION:Prior to any site work, all erosion control measures must be in place and may only be removed after the construction is completed. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 9 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL Plan Implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control or Re-vegetation Plan shall be implemented and maintained as follows: Erosion control measures shall be installed prior to any strippin� or excavation work; The applicant shall implement the measures and construct faalities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly; Eroded sediment shall be removed immediately from pavement surfaces, off-site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts; Water containing sediment shall not be flushed into the surface water management s�stem, wetlands or streams without first passing through an approved sediment filtering facility or device; In addition, the ap�licant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. The applicant has submitted an erosion control plan that will insure the standards are met. A condition will be required that the tree protection fence and sediment barriers be installed prior to grading. The channel shall then be excavated and lined with erosion control fabric. In addition, the applicant has indicated that the contractor shall inspect and maintain erosion control measures daily until the disturbed areas are stabilized and that the contractor shall be responsible for cleanup of any sediment leaving the grading area. FINDING: Based on the analysis above, the applicant's plan indicates that the above standards will be satisfied. Note: The applicant, bX submitting a proposal to comply with these standards, accepts responsibility in insuring that the proposed methods are utilized during construction. If construction activities do not comply with the standards specified, the applicant is responsible. T e III Conditional Uses. The procedural and substantive provisions of Chapter 1 .330, Conditional Uses, in addition to Section 18.797.080 L1-2 below and 18.797.080A-K above, shall aPply to determine whether a Type III use listed below may be approved. The applicant for conditional use approval shall: Demonstrate that there will not be any net loss in the values of the resource area; and Submit a detailed mitigation plan to show that any loss of riparian values will be fully compensated through the enhancement program. _ The proposed wetland enhancement project is a permitted use. The proposed activities include removal of non-native vegetation and replacement with native plant species, and in- stream and streambank enhancement within 10 feet of the top of bank or edge of wetland which are classified as Type I and II permitted uses. Because the proposed uses are not Type III, the above requirement is not applicable to the project. FINDING: Based on the analysis above, this standard is not applicable. �ECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division, City of Tigard Engineering Department, City of Tigard Operations Department, City of Tigard Operations Utility Manager, and City of Tigard Police Department have had an opportunity to review the project and have indicated that they have no comments or objections. The City of Tigard Long Range Planning Division has reviewed the project and provided the following comments: Applicant should coordinate its project with the proposed City sponsored mitigation pro1'ect located on Fowler School property adjacent to applicanYs pro�ect and scheduled for Fall 2000 construction. Staff Response: Staff has been informed that the applicant and the City are coordinating efforts in regard to design, timing and implementation of the two projects. 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 10 OF 11 SLR2000-00007 and SLR2000-00008 LOWE'S HAROWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL �ECTION VI. AGENCY COMMENTS Unified Sewerage Agency and the Division of State Lands have reviewed the project and indicated that they do not have any comments or objections. Oregon Department of Fish and Wildlife, US Army Corps of Engineers, Oregon Department of Environmental Quality, and the Tigard-Tualatin School District were given the opportunity to review the project and did not provide comments prior to the preparation of this report. , July 14. 2000 PREP ED BY: Julia owell Hajduk DATE Associate P�anner �� Jul 14 2000 APPROVED BY: Richard Bew dorff DATE Planning Manager i:lcurpl nyu I ials Ir2000-07(Lowe's).doc 8/7/2000 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 11 OF 11 , • SLR2000-00007 and SLR2000-00008 LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL � _ ` .� ---�--- -- -- -- -- i� I ------------________ SW TIGARD STREET ____ — - - ---- —-- - . -- �— —T—__ " " -- � , � I � � , � � � � � � I t� tt tt ' .,,.e..�..�..� � t� i�i i� ; � i�ttttttt t ' ( t t►�>>�>>�t t •.!y � � � ti>>ttti �ititt�iil t�� .• � � - - - ��ti "�ti�,,,,,iit�it � � l lll 1 llll Illl 1 ,� . l 1 1111ilillllTll 1111l1 llll �p Il ll � � � I1 ll l l l • l 1 Illlllll lllll .� 1 Ill �' Z � l 11 11 I t x • • 11 1 llll�l lll llllll� Illl- O o�I l l ll 1 l Ill� � � ' llll lilllll lll llllU I a illll � / � � ll 1 l l lll . ��-• ' . 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F _ � � SLR2000-00008 d ' � � � � LOWE'S (Formally Eagle) � � �, ^ w� J, HARDWARE WETLAND - � o N �� -- '` � MITIGATION @ FOWLER T� A __ _ MIDDLE SCHOOL � � — - -T� A - d '�`�� � � � o ' � s v+ � � � SW� �,° , ------ 9,P MEADOW ST -- _ ...__._ _ _ --------1SAItiEBlb -- - - _/ `.� •''� __ - -- —ST------�-- I j - -- --- ��, N � z s�uB�ECr � ! TL�X LOTS W '— -- _ � 0 200 <p0 600 Feel a - - -- � ._"T ___' — 7..=�761ee� 1 L W � W ' 1= P y \ I � 2 � '� � o City ofTigard ' Inlormalion on this map is�or qeneral localion only anC B� I +�oWE W van6ed v.itn tne Development S�rrius Divls�on tJ�25 SW Hall Blvtl . O�� N Tiqud.OR 97227 �FA (SOJ)639-�171 � � htlp7lwwa.ci.liqard.or us Com�nunity Development Plot date:Jun 16,2000;C:lmagiclMAGIC03.APR . , EXHI�'�T � Lowe's Home Improvement Warehouse SLR2000-00007/SLR2000-00008 1530 Faraday Avenue, Suite 125 LOWE'S HARDWARE WETLAND MITIGATION Carisbad, CA 92008 @ FOWLER MIDDLE SCHOOL Tigard-Tualatin School District Attn: Administrative Offices/Ron Hudson NOTICE OF FINAL ORDER BY THE HEARING'S 13137 SW Pacific Highway OFFICER Tigard, OR 97223 Scott Banker David Evans & Associates, Inc. 2828 SW Corbett Avenue Portland, OR 97201 Frank Flynn 900 SW 5`h Avenue, Suite 2600 Portland, OR 97204 :. AFFI DAVIT 0 F MAI LI N G CITY OF TIGARD ('oirtrri uiiity�UeveCopme�tt S(uiping�?BetterCommunity S7A�E O�'012,EGON ) County of�NasFiington )ss. city of Zi�ard � I, 2atruia L. Lunsford, being first duly sworn/a�rm, on oath depose and say that I am an ActminutrativeSpeciaCist II for the City of rl'agarcf, �iNasFiington County, Oregon and that I served the following: (CI�e�AUM�P�ate Box,S)Bebw) � NOTICE OF PUBLIC HEARING FOR: ��94_:40001 & SLR2000-00008/LOWE'S HARDWARE WETLAND MITIGATION C� FOWLER S[HOOL I 8/7/2000 File No.lName Reterence) (Da�e of Public HeanngJ City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council ❑ NOTICE OF FINAL ORDER FOR:� I AMENDED NOTICE (File NoJName Reference) (Date W PubFC Heanngs) - City of Tigard Planning Director - Tigard Hearings Officer � Tigard Planning Commission = Tigard City Council n NoncE oF (fype/Kind of Notice) FOR: � I (File NoJName Reference) (Date of PuWic i-�earing,if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/MOTICE OF FINAL ORDER/OTHER NOTICE[S] of which is attached, marked Euhlblt "A", was mailed to each named person(s) at the address{s) shown on the attached list(s), marked Exhlblt'�" on lllhl 14,2000,and deposited in the United States Mail on ll1h114,2000, postage prepaid. y — , / � /. . s/' . t�� � � ! (Person th repared No � �) Subscribed and sworn/affirmed before me on the�_ day of � , 2000. OFFICIAL SEAL SHERMAN S.CASPER - NOTARY PUBLIC-0REGON COMMISSION N0.323409 MY COMMISSION IXPIRES�JIAY 13,2003 My Commission Expires: �"�1� �3, ?oc�? :F� NOTICE TO MORTGAGEE, LIENHO, .R,VENDOR OR SELLER: �XHI]3IT � THE TIG�RD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Community[�eveCopment SkapingA BetterCommunity PUBLICHEARINGNOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, AUGUST 7, 2000 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NOS.: SENSITIVE LANDS REVIEW (SLR) 2000-00007 & SLR2000-00008 FILE TITLE: LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL APPLICANT: Lowe's Home Improvement Warehouse OWNER: Tigard Tualatin School District 1530 Faraday Ave, Suite 125 13137 SW Pacific Highway Calsbad, CA 92008 Tigard, OR 97223 CONSULTANT: David Evans and Associates, Inc. Attn: Kristina Gifford Mckenzie 2828 SW Corbett Avenue Portland, OR 97201 REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1S134DD tax lots 00900 and 01000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD HEARINGS OFFICER AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE 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 C�K DOCUMENTS LESS THAN 7 DAYS Pr.�JR TO THE PUBLIC HEARING DATE, THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR 227.178. 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 THE CRITERIA LISTED OR OTHER CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST, ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25�) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER JULIA POWELL HAJDUK AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. _ � � � C�`— — ���--��F � �_ �����.�.� .�o.�.,�.a.,.'�� � ��. � 1i1, �, 1 , ., VICINITY MAP sT � � � `—T� � - - --.. . •� - ._ HoarH oaKO7a�T �/ \ � <�� , __ __ . - __ . . �' � I'� I� i I r ��� '; � �_ � �'� � ��'__ � � � � � � �� � �, �/r� ___________ � � '�-�!-,' ��— �' � ,��r-� � � � � SLR2000-00007 � � i—�G_ 8� i� ��'���'��_�� �� j � ' SLR�000-00008 ---- . I � Y—._� _— . . . . ����������� � � � LOWE'S (Formally Eagle) � HARDWARE WETLAND � MITIGATION @ FOWLER _ � ' a J - � -- o _ , �� v —��T,�,� �-- . " ' � 4 MIDDLE SCHOOL � - ,� o�r _ ,. � � ' � �J \, y � �' � '�-, �_!_/_ � � � � 2 i =w �i ��, �� _ ���;--�---� �� '� : . , ��- — 1 � � 'sT�� � � _ �., . __—_ _ -—J� ��CATtlERINE . �� I ����`�.- � . ..� � . . sT, j ♦ �� N - 2 SUBJECT TAX LOTS � �— �/ °00 F-� < \ .00 .„a�..� i � � � �� � ��' — - � . Ciry o(Tigard �_� - , i i � �' wrm.w..�w...o.�.s�+��w..e�w..w ^�r.r r.«ra..n w.a..r�.M s«.e.a..� T�l!iYV w1 M I I�' , qra.M�153) IM1�11a1M11� Mi'Ilw.'.aaWr'.w W � � ' � �;�`�� SLR���'�? -7� � 1S134L:;-09900�� 1S135CC-02400 ������� � ADAMSKI CURTIS R BIEDERMAN BRIAN E&BEVERLY J 4109 FIR ST 10480 SW MEADOW VANCOUVER,WA 98660 TIGARD,OR 97223 1 S 134DD-02200 1 S 134DC-10300 ALEXANDER FERD F 8 CATHERINE M BOWKER LEANNE MARIE TRUSTEES 11496 SW CORNELL PL 21820 SW ELWERT RD TIGARD,OR 97223 SHERWOOD,OR 97140 134DD-02300 1 S135CC-00800 AL NDER FER ND BOWSHER CHARLEY L CATHE RUSTEES LUCILLE N 2182 ERT RD 11820 SW TIEDEMAN RWOOD,O 7140 TIGARO,OR 97223 • 1 S 134D D-02000 1 S 134DD-01300 ALEXANDER FERD W&NATALIE S BOYCE ANA L&RONALD J 11423 SW 107TH PL P O BOX 23093 TIGARD,OR 97223 TIGARD,OR 97223 1'35CC-03900 1 S 135CC-01100 AL RD B W BRAUN STEVE 8 ANGELA PATRI 10395 SW MEADOW 101 SW T RD ST TIGARD,OR 97223 ARD,OR 972 1 S 135CC-03800 1 S 134D B-03800 ALFORD BURT W PATRICIA BRAUN WILLIAM H JR&ANNE M 10180 SW TIGARD ST 10920 5W NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 �Si sscC-0z2oo 15134DC-09600 ALLISON LARRY D AND BRYANT DONNA J&ROSS A DEBORAH 11545 SW CORNELL PL 10420 SW MEADOW TIGARD,OR 97223 TIGARD,OR 97223 1 S134D0-01100 1 S 134DD-00101 ANDERSON GERALD L BUCHANAN MICHAEL R&SHEILA M CHARLOTTE A 10525 SW TIGARD ST 11645 SW TIEDEMAN RD TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DC-10600 1 S 134DD-00400 BERNARD KYLE L 8�LISA B BURGHARDT JOSEPH W 11556 SW CORNELL PL DOLORES J TIGARD,OR 97223 10805 SW TIGARD AVE TIGARD,OR 97223 1 S 134DD-00700 1 S 134DD-00502 BERNHARD MARILYN RAE BURGHARDT THOMAS&AMY 10895 SW TIGARD ST 10823 SW TIGARD ST TIGARD,OR 97223 TIGARD,OR 97223 k. :�:, 1 S 135�C-0O600" 1 S 134DD-00800 CHANEY CORALYN A EVANS ROBERT A 11730 SW TIEDEMAN 10905 SW TIGARD ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DD-01800 1 S 134 DD-00501 CHAPUT NANCY A FITZGERALD ROBERT A AND 11935 SW TIEDEMAN CHRISTINE A TIGARD,OR 97223 10835 SW TIGARD AVE TIGARD,OR 97223 15135CC-00300 1 S 134DC-0930Q CHITTENDEN LLOYD A EVELY FREDERICKSON ANDREW J/CATHY& 11600 SW TIEDEMAN AVE FREDERICKSON EVELYN ELIZABETH TR TIGARD,OR 97223 11514 5W TWIN PARK PLACE TIGARD,OR 97223 1 S 7 34DC-10500 7 S 135C8-00500 COBURN KELLY E&TERRIA L GABRIEL INVESTMENT LLC 11534 SW CORNELL PL 10250 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103AA-00501 1 5C B-00400 COLLINS RANDY LEE AND GABR NVE NT LLC TARA LYNETTE 10250 TH DAKOTA ST 12132 SW TIEDEMAN AV T ARD,OR 972 TIGARD,OR 97223 1 S 135CC-00703 1 S 134DD-02100 DAVIS DANIEL F&GEORGIA D HEATH ROGER C AND DIANNE S 11764 SW TIEDEMAN AVE 11445 SW 107TH PLACE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-00701 7 S 135CC-01000 DAVIS DANIEL F&GEORGIA D& HOLLAND SHARI&SCOTT LARSON WESLEY& 10425 SW MEADOWS ST WATANABE OSAMU/SUWAKO ET AL TIGARD,OR 97223 11764 SW TIEDEMAN AVE TIGARD,OR 97223 1S134DD-01200 1S134DD-01900 DILSAVER DANIEL E AND HULSE CARL V AND SHIRLEY Z JENNIFER L 11675 SW TIEDEMAN 11401 5W 107TH PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-02100 1 S 134D8-03700 E�WARDS GERALD R LAUREL JABS WILLIAM M 10390 SW MEADOW ST 10970 5W NORTH DAKOTA AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DC-09800 1 S 135CC-00200 EIDSON DONALD L AND MARY H JACKSON PAUL R 11501 SW CORNELL PL JACKSON SIMONE DENISE PAUWELS TIGARD,OR 97223 10250 SW TIGARD ST • TIGARD,OR 97223 � 15134�i:-09400�� 2S 103AA-0O500 JONES CHARLES B JR/CATHYANN PICKAR RICHARD L 11536 SW TEIN PARK PL 12130 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 t S 135CC-02300 1 S134DD-01600 KOBLEGARDE B RUPERT POPE STEVEN R ALICE E 310 MAYER BLDG 2120 NW 135TH 1130 SW MORRISON ST PORTLAND,OR 97229 PORTLAND,OR 97205 15134DC-09700 1 S 134DD-00100 LOWE LARRY C&ROSE M RICHARDS JAMES E&SHARON S 11523 SW CORNELL PL NORRIS&STEVENS REALTORS TIGARD,OR 97223 520 SW 6TH#400 PORTLAND,OR 97204 1 S 1340 D-00300 1 S 135CC-00702 MAI HIEP RIFFEL ALLEN W&SUSAN A 10755 SW TIGARD ST 11742 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CB-00600 1 S 134DD-00102 MCCALL PROPERTIES INC SCHAEFER DONALD M&MILYNN O 808 5W 15TH AVE PO BOX 23697 PORTLAND,OR 97205 TIGARD,OR 97281 2S 10288-00600 1 S 134DD-01000 METRO SCHOOL DISTRICT#23-J 600 NE GRAND AVE WASHINGTON AND CLACKAMAS PORTLAND,OR 97232 COUNTIES OREGON 13137 SW PACIFIC HWY TIGARD,OR 97223 1 S 134DD-01400 15134DD-00900 NABORS FORREST A SCHOOL DISTRICT 23J 11755 SW TIEDEMAN AVE 13137 SW PACIFIC HWY TIGARD,OR 97223 TIGARD,OR 97223 1S134DD-01700 2 03AA-0Ot01 NOFZIGER KENNETH RICHARD SCH IS NO 23 J 11835 SW TIEDEMANN 13137 A HWY TIGARD,OR 97223 TI RD,OR 97223 1 S 134DC-00500 �103AB-0O700 PARK PETER SCHQ I NO 23J 11476 SW TWIN PARK PL 1313 PA C HWY TIGARD,OR 97223 ARD,OR 97223 1 S 7 34DC-10000 1 S 134DC-03000 PHAM MYDUNG T& SCHOOL DISTRICT NO.23J PHAM MY HANH T& WASHINGTON COUNTY PHAM MY HOAI 13137 SW PACIFIC HWY 11463 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 � 1 S 135CC-00900�� 1 S 134DD-01500 SERFLING LOWELL C/ALICE R VAN DOORNINCK WOLTER H 10455 SW MEADOW 6555 SW DALE AVE TIGARD,OR 97223 BEAVERTON,OR 97005 1 S 135CC-00400 1 S 135CC-00700 SHADBOLT LEE J AND TAMARA A WATANABE 05AMU AND SUWAKO 11640 SW TIEDEMAN AVE 11770 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 t S 134 DC-09500 1 S 134 DC-10400 SHEELER CHARLES W&KATY L WHIFFIN SHARON K 11558 SW TWIN PARK PL 11512 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DC-09200 1 S 134DC-10100 STEWART PETER B 8 TRACY D WHITTAKER JEFFREY S&ANITA L 11498 SW TWIN PARK PL 11452 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 15135CC-00500 1 S 135CC-01300 STOVER LAWRENCE W&SHARON A ZWERLING ADAM J& 13432 SW 136TH PL CARDILLO DEBORAH A TIGARD,OR 97223 10325 SW MEADOW 5T TIGARD,OR 97223 2S103AA-00100 SWAN ELIZABETH E 12060 SW TIEDEMAN TIGARD,OR 97223 1 S 135CC-0t 200 SZYDLOWSKI DOROTHEA L 10365 5W MEADOW ST TIGARD,OR 97224 1 S 134DD-00103 TIGARD CITY OF 13125 SW HALL TIGARD,OR 97223 1S134DC-10200 TRAPP JAMES THOMAS&DEBBIEiOU 11474 SW CORNELL PL TIGARD,OR 97223 1 S 135CC-02000 VALDEZ STEVEN M& KIMBERLY M 10360 SW MEADOW ST TIGARD,OR 97223 . . Debra Seeman CITY OF TIGARD 13372 SW flearview Way CENTRAL CIT SUBCOMMITTEE Tigard, OR 97223 Mary Skelton 10355 SW Walnut Street i:lcurpinlsetup\IabeIslCIT Central.doc UPDATED: 9-Jun-00 Tigard, OR 97223 Kathleen Andenon 12132 SW Lansdowne Lane Tigard, OR 97223 Jack Biethan I 1043 SW Summerfield Drive, Apt. #3 Tigard, OR 91224-3376 Don & Dorothy Erdt I 3760 SW I 2 I st Avenue Tigard, OR 97223 Suzanne Riles 13215 SW Genetis Loop Tigard, OR 97223 Ellen Beilstein 14630 SW 139�' Avenue Tigard, OR 97224 � - �.,.. 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Q _ � � ��� '_ � � � �� � � � � '� ��a MIDDLE SCHOOL �o.- � TIGARD U - � � � � - - TI A D ST_ _ � �,�� ��� �� � � — - � � ���, � w � -� � '�- � ° - - � I�__ _ - � -� `� � � �--� �\ a�� � - T �' ,, �i.— — i r � � I 1 9� 0 IMEADOW ST 1i i r--,_ ���_ < < , - - - - T- - —� _ _KATIiE_RIN� � , _, �r � � / I N 2 SUBJECT %� ° i TAX LOTS IQ o Zoo <�o soo Fea� I . ZI 1"=476 feet i Q�—__ i� i I W� 1 � � I �i �W�--1 C � I�_- F � I p _ � Ic�i�� 1 � �' I � ��p _ Cityof��l�igard �--- � � � � �� . _ _.__, �� Intormafion on thls map is for genenl lowtion only and —_ _ � B� ---�- � should 6e venRed vrith Ue Development Servicea Division. ' �� 13125 SW Hall BIW � � �S� /� Tiqard,OR 97223 � ---i . � � , . � � - , � I , i ' / ��C � ' .i��% �� � (503)639-1171 . � / A� — _ _t— : -.1_—__ ..__ _ _ ____ _ . . . __ _ ._ \ _!___ _____. �'� .__; .. �s _ � . '�L-- � �-/"i�`. . �� t_ htlp9Mww.ci.tipard.ocus Community Development Plot date:Jun 16,2000;C:lmagiclMAGIC03.APR �� Lowe's Home Improvement Warehouse SLR2000-00007/SLR2000-00008 1530 Faraday Avenue, Suite 125 LOWE'S HARDWARE WETLAND MITIGATION Carlsbad, CA 92008 @ FOWLER MIDDLE SCHOOL Tigard-Tualatin School District Attn: Administrative Offices 13137 SW Pacific Highway Tigard, OR 97223 David Evans and Associates 2828 SW Corbett Avenue Portland, OR 97201 ;;. 120 DAYS=10/12/2000 CITY OF TIGARD Canenrur�ity�DeteCapment S&apingA BetterCommunity CITY OF TIGARD 'WasFiington County, Oregon NOTICE OF FINAL ORDER BY THE NEARINGS OFFICER Case Numbers: SENSITIVE LANDS REVIEW(SLR) 2000-00007 AND SLR2000-00008 Case Name: LOWE'S HARDWARE WETLAND MITIGATION (a� FOWLER MIDDLE SCHOOL ' Name of Owner: Ti r -Tual tin ch I Di tri t Name of Applicant: Lowe's Home Imt�rovement Warehouse Address of Applicant: 1530 Faraday Avenue Suite 125 Carlsbad, CA 92008 Address of Property: N rth f F wl r Mi I h I th f Ti r tr et nd w t f Ti m n Street Tax Map/Lot Nos.: WCTM 1 S134DD, Tax Lots 00900 and 01000. A FINAL ORDER IN�ORPORATING THE fACTS, fINDINGS AND [ONCLUSIONS APPROVING A REQUEST fOR SENSITIVE LANDS REYIEW. THE CITY OF TIGARD HEARINGS OFfICER HAS REYIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, �OMMENTS OF REVIEWING AGENCIES, THE PLANNING DIYISION'S STAFF REPORT AND �RE�OMMENDATIONS FOR THE APPLIfATION DESfRIBED IN FURTHER DETAII IN THE STAFF REPORT. TNE HEARINGS OFFI[ER HELD A Pl1BlIC HEARING ON AUGUST 7, 2000 TO RECEIVE TESTIMONY REGARDING THIS APPLILATION. THIS DEfISION HAS BEEN BASED ON THE FACTi, FINDINGS AND CONfLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: ➢ Type III Sensitive Land Review for alteration of the floodway by constructing an overFlow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. Action: ➢ O Approval as Requested � Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: � Owners of Record Within the Required Distance O Affected Government Agencies � The Affected Citizen Involvement Team Facilitator � The Applicants and Owners The adopted findings of fact, decision and statement of conditions can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THIS DECISION IS FINAL ON , 2000 AND BECOMES EFFECTIVE ON , 2000 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE fOR FILING AN APPEAL IS 5:00 PM ON , 2000. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. � . � REQUEST FOR COMMENTS CITY OF TIGARD Community�DeveCopment SFiapingA Better Commuitity DATE: lune 19,2000 T0: PER ATTACNED FROM: City of Ti9ard Plannin9 Division STAFF CONTACT: lulia Powell Nalduk,Associate Planner x401 Phone: [5031639-41T1/Fax: [5031684-I29T SENSITIVE IANDS REVIEW[SLR)2000-00007/SENSITIVE LANDS REYIEW[SLRI 2000-00008 ➢ LOWE'S NARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCNOOL Q REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructing an overflow channel and Type II Water Resources Overlay review for wetland mitigation within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1S134DD tax lots 00900 and 01000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. Attached is the SItC Plell,Yicinity Map and Apqlicani'S StetCIllCllt for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: IULY 3,2000. You may use the space provided below or attach a separate letter to return your comments. If you are uDable t0 reSpond bY the 860Ye dete, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: � (�Please provi�e tke folrowing info»nation�Name of Person[s]Commendng: Phone Number[sl: SLR2000-00007&8 AGENCY REQUEST FOR COMMENTS � . CI1�F TIGARD REQUEST FOR COMh. .I'S NOTIFICATION LIST FOR LAND USE&COMMUNITY DEYELOPMENT APPLICATIONS FIIE NO[Sl.: S�-t'Z :�o�-�>�;�;>>;� -� n �:;-,s� fILE NAME[Sl: '�..iE s ..J�-�����r� i^�+=;�'f,._�� ; -. ,� .. CITItEN INYOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: Central 0 East ❑ South ❑ West ❑ �:� Also Place For Review in Library CIT Book CITY OFFICES � t!LONG RANGE PLANNING/Nadine Smith,Supervisor• _COMMUNITY DVLPMNT. DEPT./Dvlpmnt.Sva.Technicians '�" POLICE DEPT./Jim Woll,frime Prevention O((icer ' ✓ BUILDING DIVI510N/Gary Lampella,Building O(ficial � ,_ENGINEERING DEPTJBrian Rager,Dvlpmnt Review Engineer !-�1NATER DEPT./Michael Miller,Utilibes Manager• _CITY ADMINISTRATION/[athy Wheadey.Gry Recorder __OPERATIONS DEPT./John Roy,Property Manager • �" PLANNER—TIME TO POST PROJECT SITE! SPECIAL DISTRICTS TUAL. HILLS PARK 8 REC.DIIT.� TUALATIN VALLEY FIRE&RESCUE � __TUALATIN VALLET WATER DISTRICT +IF � UNIFIED SWRGE.AGENCY ♦ Planning Mznager Fire Manhall Adminisvatire Office Julia Hu(Iman/SWM Program 15101 SW Walker Road Wuhington Lounty Fire District PO Box 14f ISS N.Fint Sveet Bearerron,OR 9T006 (place in pick-up hox) Beaverron,OR 91DI5 Hillsbaro,OR 91124 LOCAL AND STATE IURISDICTIONS CITY OF BEAVERTON � CITY OF TUALATIN +1� OR.DEPT.OF FISH 8 WILDUFE � OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street,NE _ Irish Bunnell,DeveWpment Services PO Box 369 PO Box 59 Salem,OR 97301-1279 PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING � _OR.DEPT.OF GEO.8 MINERAL IND. 550 Capitol Street,NE _ CITY OF DURHAM i► 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland OR 97232-2736 Portland,OR 97232 � PO Box 23483 `�US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,GiowlhManapementCoordinator OR.DEPT.OF LAND CONSERV.B DVLP 333 SW First Avenue _ Mel Huie,Greenspaces Cooidinator(CPAlZOA) L2ffy Fl8f1CI1(Comp.Plan Amendments Only) PO Box 2946 CITY OF KING CITY � _ Jennifer Budhabhatti,RegionalPlanne�(WetlanOS) 635 Capitol Street NE,Suite 150 Portland,OR 97208-2946 City Manager Salem,OR 97301-2540 15300 SW 116th Avenue WASHINGTON COUNTY� King City,OR 97224 _ OR.DEPT.OF ENERGY(POwer�ines innrea) _OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use&Transp. Bonneville Power Administration Aeronautics Division 155 N.First Avenue CITY OF LAKE OSWEGO � Routing TTRC-Attn: Renae Ferrera Tom Highland,Planning 5uite 350,MS 13 Planning Director PO Box 3621 3040 25th Street,SE Hillsboro.OR 97124 PO Box 369 Portland,OR 97208-3621 Salem,OR 97310 Brent Curtis ccaa� Lake Oswego,OR 97034 _Scott King ccPa� �OR.DEPT.OF ENVIRON.QUALITY(DE4) ODOT,REGION 1 +R Mike Borreson ce�o��n CITY OF PORTLAND (Notity for Wetlands and Potential EnvironmeMal Impacts) _SOfly2 K8ZEf1,�evelopment Review CooNinalor Jim Tice ucn� David Knowles,P�a����e s��ea�o�� Regional Administrator _Carl Toland, Right-of-Way Section�v�cb�:> _Steve Conway�ce��a�n�a Portland Building 106,Rm. 1002 2020 SW Four[h Avenue,Suite 400 123 NW Flanders Phil Healytce���aP�.> 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 _Sr.Cartographer�cPaz�A�MS,. Portland,OR 97204 _Jim Nims czcn�MS,s ODOT,REGION 1 -DISTRICT 2A� _Doria Mateja�zcn�rns,. Jane Estes,Perm�Sce�alist 5440 SW Westgate Drive,Suite 350 h:lpaltylmasters\Request For Comments Notificahon LisLdoc (Revised�. 21-Apr-00) Portland,OR 97221-2414 UTIIITY PROVIDERS AND SPECIAL AGENCIES PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R!R(eur�ington Nonhern/Santa Fe wR Predecessor) Robert I. Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS TCI CABLEVISION OF OREGON _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer D2bf8 P21fll@f(Annexatbns Onry) Pat McGann Of project�s wnnm v.Miie of n Transd Route� 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Michael Kiser,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 PORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY GENERAL TELEPHONE _ US WEST COMMUNICATIONS Brian Moore,Svc.Design Consultant Scott Palmer Elaine Self,Engineering Lori Dorney,Engineering 9480 SW Boeckman Road 220 NW Second Avenue MC: OR030546 8021 SW Capitol Hili Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Tigard,OR 97281-3416 Portland,OR 97219 ��TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 _TCI CABLE lAOVS e.o�HamNotssw� Marsha Butler,Administrative Offices Joy-Gay Pahl,Demographs 8 Planning Dept. Diana Carpenter 13137 SW Pacific Highway 16550 SW Merlo Road 3500 SW Bond Street Tigard,OR 97223 Beaverton,OR 97006 Portland,OR 97232 �INDIfATES AUT4HAIIC HOTIfIU1➢41LIlLS4MPLIANCE1NlIN INTERGOYERNMENTAL AGAEEbENLIEYI(IiH1K599'UF THE fUBJEQ PROPERTY FOR ANY/All CITI PROJELTS(Project Pl�nner Is Aesponsible For Indiaung Putiu To Noufy�. . l ��'���! �%� ��-���� I� �'�-�,D_r'�'2 3���-G�i�r�ts �?� ��4-�����'�.��r- , �� - - _ - - __ -- - --- -- ---- , � i �_ J _ � _ , �—� � � � � . . I I I � OEOGPnPHIC INiOP.MAiiO�+•svSTEM I . r ''_. i� , i- — � . I_.__'. � -NdR�H --— —3T--- �- � �I�t_—IL_.�—� � �-- i , � I � w --- - — �/�� ' ! 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' ' I�07M00500 0 200 �00 600 Feel I � t510�R800100 �I i Q�K1�iM00507 � - tE107�1100101 i� ---�-,--_._-_ . I t"=1�0(eet �p.__ - � ! i �� ' �� t � i� 6�, ) � �I j�� � i � c�rQ �� �_. �" ��I '��'�L� P ' i O , � �--i I�� j �2 �' ;� ✓ � � i i ��, � � City of�l�igard � ` �� � � -- '-- F----r���� i I � " — � � ��. J _ � � ; i � Inrormation on t�is mep cs far genersl loution ony ane ;i shoulG be verifietl with Ihe Developmenl Services Division. - --- -- - - , ! � _.JQHNS01!L � �'P 'TgardSOR 97223 ` , : - — -T-...__. i . , �- —. . --- - � � � � ! � ! I � � . .. . � I ' � � � � I / ' ��5� (505)89&4171 Communit Develo ment - - - _. ' . . _ — ' � - - ' � ,!_ � �__1 _ /LPlotdat nnP:�,w..«.a��a.�co�.�s : Y P e:Apr 21,2000;C:lmagicVvIAGIC03.APR � P1 , 1 �� -4-) ' 1S134DC-09900 1S135CC-02400 ADAMSKI CURTIS R BIEDERMAN BRIAN E&BEVERLY J 4109 FIR ST 10480 SW MEADOW VANCOUVER,WA 98660 TIGARD,OR 97223 1S134DD-02200 1S734DC-10300 ALEXANDER FERD F&CATHERINE M BOWKER LEANNE MARIE TRUSTEES 11496 SW CORNELL PL 21820 SW ELWERT RD TIGARD,OR 97223 SHERWOOD,OR 97140 134DD-�2300 1 S 135CC-00800 AL NDER FER ND BOWSHER CHARLEY L CATHE RUSTEES LUCILLE N 2182 ERT RD 11820 SW TIEDEMAN RWOOD,O 7140 TIGARD,OR 97223 • 1 S 134DD-02000 1 S 134D0-07 300 ALEXANDER FERD W&NATALIE S BOYCE ANA L&RONALD J 11423 SW 107TH PL P O BOX 23093 TIGARD,OR 97223 TIGARD,OR 97223 1r35CG03900 1 S 135CC-01100 AL RD B W BRAUN STEVE&ANGELA PATRI 10395 SW MEADOW 101 SW T RD ST TIGARD,OR 97223 ARD,OR 97 15135CC-03800 1 S 134D8-03800 ALFORD BURT W PATRICIA BRAUN WILLIAM H JR&ANNE M 1018�SW TIGARD ST 10920 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-02200 1 S 134DC-09600 ALLISON LARRY D AND BRYANT DONNA J&ROSS A DEBORAH 11545 SW CORNELL PL 10420 5W MEADOW TIGARD,OR 97223 TIGARD,OR 97223 t S134DD-017 DO 1 S134DD-00101 ANDERSON GERALD L BUCHANAN MICHAEL R&SHEILA M CHARLOTTE A 10525 SW TIGARD ST 11645 SW TIEDEMAN RD TIGARD,OR 97223 TIGARD,OR 97223 1 S134DC-10600 1 S134DD-00400 BERNARD KYLE L 8 LISA B BURGHARDT JOSEPH W 11556 SW CORNELL PL DOLORES J TIGARD,OR 97223 10805 SW TIGARD AVE TIGARD,OR 97223 1 S 134DD-00700 1 S 134D D-00502 BERNHARD MARILYN RAE BURGHARDT THOMAS&AMY 10895 SW TIGARD ST 10823 SW TIGARD ST TIGARD,OR 97223 TIGARD,OR 97223 I 1 S 135CC-00600 7 S 134 DD-00800 CHANEY CORALYN A EVANS ROBERT A 11730 SW TIEDEMAN 10905 SW TIGARD ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 134D D-01800 1 S 134DD-00�01 CHAPUT NANCY A FITZGERALD ROBERT A AND 11935 SW TIEDEMAN CHRISTINE A TIGARD,OR 97223 10835 SW TIGARD AVE TIGARD,OR 97223 1 S 135CC-00300 1 S 134DC-09300 CHITTENDEN LLOYD A EVELY FREDERICKSON ANDREW J/CATHY& 11600 SW TIEDEMAN AVE FREDERICKSON EVELYN ELIZABETH TR TIGARD,OR 97223 11514 SW TWIN PARK PLACE TIGARD,OR 97223 1S134DC-10500 1S135C8-00500 COBURN KELLY E&TERRIA L GABRIEL INVESTMENT LLC 11534 SW CORNELL PL 10250 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103AA-00501 1 5C B-00400 COLLINS RANDY LEE AND GABR NVE NT LLC TARA LYNETTE 10250 TH DAKOTA ST 12132 SW TIEDEMAN AV T ARD,OR 972 TIGARD,OR 97223 1 S 7 35CC-00703 1 S 134DD-02100 DAVIS DANIEL F 8 GEORGIA D HEATH ROGER C AND DIANNE S 11764 SW TIEDEMAN AVE 11445 SW 107TH PLACE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-00701 1 S 135CC-01000 DAVIS DANIEL F&GEORGIA D& HOLLAND SHARI&SCOTT LARSON WESLEY& 10425 SW MEADOWS ST WATANABE OSAMU/SUWAKO ET AL TIGARD,OR 97223 11764 SW TIEDEMAN AVE TIGARD,OR 97223 1 S134DD-01200 1 S 134DD-01900 DILSAVER DANIEL E AND HULSE CARL V AND SHIRLEY Z JENNIFER L 11675 SW TIEDEMAN 11401 SW 107TH PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 7 35CC-02100 1 S 7 34DB-03700 EDWARDS GERALD R LAUREL JABS WILLIAM M 10390 SW MEADOW ST 10970 SW NORTH DAKOTA AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DC-09800 1 S 135CC-00200 EIDSON DONALD L AND MARY H JACKSON PAUL R 11501 SW CORNELL PL JACKSON SIMONE DENISE PAUWELS TIGARD,OR 97223 10250 SW TIGARD ST • TIGARD,OR 97223 1S734DC-09400 2S103AA-00500 JONES CHARLES B JR/CATHYANN PICKAR RICHARD L 11536 SW TEIN PARK PL 12130 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 13�C C-02300 7 S 134 D D-01 G00 KOBLEGARDE B RUPERT POPE STEVEN R ALICE E 310 MAYER BLDG 2120 NW 135TH 1130 SW MORRISON ST PORTLAND,OR 97229 PORTLAND,OR 97205 1 S 134DC-09700 1 S 134D D-00100 LOWE LARRY C&ROSE M RICHARDS JAMES E&SHARON S 11523 SW CORNELL PL NORRIS&STEVENS REALTORS TIGARD,OR 97223 520 SW 6TH#400 PORTLAND,OR 97204 1 S 134 DD-00300 1 S 135CC-00702 MAI HIEP RIFFEL ALLEN W&SUSAN A 10755 SW TIGARD ST 11742 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CB-0O600 1 S 134DD-007 02 MCCALL PROPERTIES INC SCHAEFER DONALD M&MILYNN O 808 SW 15TH AVE PO BOX 23697 PORTLAND,OR 97205 TIGARD,OR 97281 2S 102BB-OD600 1 S 134DD-01000 METRO SCHOOL DISTRICT#23-J 600 NE GRAND AVE WASHINGTON AND CLACKAMAS PORTLAND,OR 97232 COUNTIES OREGON 13137 5W PACIFIC HWY TIGARD,OR 97223 1 S 134D D-01400 1 S 134DD-00900 NABORS FORREST A SCHOOL DISTRICT 23J 11755 SW TIEDEMAN AVE 13137 SW PACIFIC HWY TIGARD,OR 97223 TIGARD,OR 97223 1S134DD-01700 2 03AA-00101 NOFZIGER KENNETH RICHARD SCH IS NO 23 J 11835 SW TIEDEMANN 13137 A HWY TIGARD,OR 97223 TI RD,OR 97223 7 S 134DC-00500 103AB-00100 PARK PETER SCH I O 23J 11476 SW TWIN PARK PL 1313 PA C HWY TIGARD,OR 97223 ARD,OR 97223 15134DC-10000 1 S134DC-03000 PHAM MYDUNG T& SCHOOL DISTRICT NO.23J PHAM MY HANH T 8 WASHINGTON COUNTY PHAM MY HOAI 13137 SW PACIFIC HWY 11463 SW CORNEIL PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-00900 1 S 134DD-01500 SERFLING LOWELL C/ALICE R VAN DOORNINCK WOLTER H 10455 SW MEADOW 6555 SW DALE AVE TIGARD,OR 97223 BEAVERTON,OR 97005 t S 135CC-00400 1 S 135CC-00700 SHADBOLT LEE J AND TAMARA A WATANABE OSAMU AND SUWAKO 11640 SW TIEDEMAN AVE 11770 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DC-09500 1 S 134DC-10400 SHEELER CHARLES W&KATY L WHIFFIN SHARON K 11558 SW TWIN PARK PL 11512 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DC-09200 1 S134DC-10100 STEWART PETER B 8 TRACY D WHITTAKER JEFFREY S&ANITA L 11498 5W TWIN PARK PL 11452 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-00500 1 S 135CC-01300 STOVER LAWRENCE W&SHARON A ZWERLING ADAM J& 13432 SW 136TH PL CARDILLO DEBORAH A TIGARD,OR 97223 10325 SW MEADOW ST TIGARD,OR 97223 2S 103AA-00100 SWAN ELIZABETH E 12060 SW TIEDEMAN TIGARD,OR 97223 1 S 135CC-01200 SZYDLOWSKI DOROTHEA L 10365 SW MEADOW ST TIGARD,OR 97224 1 S 134DD-00103 TIGARD CITY OF 13125 SW HALL TIGARD,OR 97223 1S134DC-10200 TRAPP JAMES THOMAS 8 DEBBIE LOU 11474 SW CORNELL PL TIGARD,OR 97223 1 S135CC-02000 VALDEZ STEVEN M 8 KIMBERLY M 10360 SW MEADOW ST TIGARD,OR 97223 1 . , , , ---�, C I TY 0 F T I GA R D CITY OF TIGARD Commurttty�Development Shaping�BetterCommunity 4G`\�`O COMMUNITY DEVELOPMENT DEPARTMENT, PLANNING DIYISION R ��'1�p0 N,� 13125 SW HALL BOULEVARD p,Q� o�v��oeM� TIGARD, OREGON 97223 �M��`��� PHONE: 503-639-4171 FAX: 503-684-7297 REQUEST FOR 500-FOOT PROPERTY OWNER MAILING LIST THIS REQUEST fAN BE MAIIED, FAXED OR DELIYERED TO THE �ITY OF TIGARD AT THE LOCATION INDICATED IN THE UPPER-LEFT CORNER OF THIS FORM. INDICATE ALL SUBJECT PARCELS MAP NUMBERS & TAX LOT NUMBERS (i.e. IS134AB, Tax Lot 100) OR/AND THE ADDRESSES OF ALL SUBJECT PARCELS BELOW: �� I 3 �j p (� �000 IS � ��{ D � �oo INDICATE WHETHER YOU ARE REQUESTING 2 or 3 SETS Of LABELS:�_ NOTE: Please indicate how many set of labels you are requesting. A minimum of 2 sets will be provided to place on the 2 sets of envelopes applicants are required to submit with their applications. If a neighborhood meeting is required and you have not yet held the meeting, you should request 3 ets. NAME OF PERSON TO CONTACT: �P�-�� �o�`��"� � PHONE: ��� ` U �I , � Cost Description: �I I to generate the mailing list, plus � 2 per sheet for printing the list onto labels(to aderesses pe�sheec) �There is no way ta know in advance the number of sheets that will be generated when (performing the S00(oot bufler,theretore,pre-payment an not be determined. Multiply the cost to print one set of labels by the number of sets being requested. **Example** 4 theets of labels x $2/sheet = $8.00 x 2 sets = 16.00 4 sheets of labels x $2/sheet = 8.00 x 2 sets = 16.00 GENERATE LIST = $11.00 TOTAL $19.00 L . Customer Receipt CITY OF TIGARD Printed:04/24/2000 i 5:20 User: front Station: 02 Operator: SSC Rcpt No: 0001652 Date: 04/24/2000 Customer No:000000 Amount Due: 37.00 Name: DAVID EVANS AND ASSOC. INC Cash: 0.00 Address: PORTLAND REGIONAL OFFICE IMPRE Check: 37.00 2828 SW CORBETT AVE N/A 0.00 PORTLAND, OR 97201 Change: 0.00 Tvpe Description Amount RECEXP Recovered Expenditures 35.00 MISC Miscellaneous Fees & Chrg 2.00 3.;� -�'�� �w���.., c« -� %�08 2� �f Si � -' cc� � 3 3� Y ,`.'�. �, . K.- �'. � 1 t ' , SENSITIVE LANDS TYPE II or TYPE ill APPLICATION � CITY OF TIGARD 13125 SW Hall Blvd.; Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 � GENERAL INFORMATION Julia Hajduk PRE-APP.HELD WITH: DATE OF PRE-APP.: 4/20/00 � Property Address/Location: Fowler Middle School 10865 SW Walnut Street �OR STAFF USE ONLY ✓ r Tax Map 8�Tax Lot#s): 1S 1 34 DD 01000, 06-Ol ' �LR i C se No(s}� � �' �LR �,ov- �'oc>:.�� 1S 1 34 DD 00900 OtherCaseNo.(s): �.=� 2��� ' - �� � Site Size: 22•4 acres Receipt No.: r�u^C 2�`�� Property Owner/Deed Holder(s)': Tiqard Tualatin School Dist. Application Accepted By: � Address: 13137 SW Pacific Hwy. Phone: 684-2235 Date: 6 `/Z-� Zc�°� City: Tigard Zip: 97223 Applicant*: Lowe's Home Improvement Warehouse Date Determined To Be Complete: � Address: 1530 Faraday Ave., Ste. l�phone: ,(7h�1 A1�-�i�2 Comp Plan2one Designation: City: �rlsbad, CA ZiP; 92008 � • When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession CIT Area: � with written authorization from the owner or an agent of the owner. Re,,.»ns�sa i:�„�i��ste��ia.a� The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this � application. _ _ __ _. REQUIRED SUBMITTAL ELEMENTS � PROPOSAL SUMMARY The owners of�ecord of the subject property request a Sensitive ✓ Application Elements Submitted: Lands Permit to allow(please be specific): (�qpp�i��on Form � Enhancement of 3.1 acres of wetlands along Fanno � O�OwnePs Signature/Written Authorization Creek at Fowler Middle School. Existinc� wetlands �tle Transfer Instrument or Deed � will be enhanced b� removing reed canarvarass anc3 Site/Plot Plan re-plantincT with native species The enhancement_ �#of copies based on pre-app check list) i ro�P�-t- wi 1 1 n�4A i nvc�l vc� rrPating an annrnYi rrt?t-pl., Slte/PIOt PIBfL(feduCed 8'/:"x 11") �o•�3-foot long overflow c-hannel th�* ��11 connect � IicanYs Statement , at both ends to Fanno Creek and improve f lood of copies based on pre-app check list� � storage capacity and fish habitat. Sets of Pre-Addressed/Pre-Stamped Legal Size Envelopes Filing Fee (Administrative) $ 745.00 � � (Hearing's Officer) $1,240.00 � 1 � C' • List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: Application for a Type II Water Resources Overlay Review. APPLICANTS: • To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above rec�uest dces not violate any deed restrictions that may be attached to or imposed upon the subject ro e • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so adcnowledge that any peRnit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the poliaes and criteria, and understands the requirements for approving or denying the application. � SIGNATURES of each owner of the subject property. DATED this � day of `� v'V` ,-�9-Z-a'� Owne s Sig ture Owner's Signature Owne�'s Signature Owner's Signature , 2 , __ . � � Customer Receipt CITY OF TIGARD Printed:06/]2/2000 09:24 User: front Station: 02 Operator: KJP Rcpt No: 0002849 Date: 06/12/2000 Customer No:000000 Amount Due: 1,389.00 Name: STOEL R1VES Cash: 0.00 Address: 900 SW FIFTH AVE Check: 1,389.00 SUITE 2600 N/A 0.00 PORTLAND, OR 972041268 Change: 0.00 Tvpe Descri�tion Amount LANDUS Land Use Applications 1,389.00 �i�, # (p 3 S Sz z _ � ' ` ' CITY OF TIGARD Community�DeveCopment .S�apirr�j_�a,73rtter�Conrrirurrity LAND USE PROPOSAL DESCRIPTICN 120 DAYS = 10/12/2000 FILE NOS.: SENSITIVE LANDS REVIEW (SLR) 2000-00007 & SLR2000-00008 FILE TITLE: LOWE'S HARDWARE WETLAND MITIGATION @ FOWLER MIDDLE SCHOOL APPLICANT: Lowe's Home Improvement Warehouse OWNER: Tigard Tualatin School District 1530 Faraday Ave, Suite 125 13137 SW Pacific Highway Calsbad, CA 92008 Tigard, OR 97223 PHONE/FAX: (760) 918-0132 684-2235 �;, �� � y CONSULTANT: David Evans and Associates � �v 3 -y/�j c�51/ 2828 SW Corbett Avenue % � ���f �-�� %�'�� '� Portland, OR 97201 REQUEST: The applicant is requesting Type III Sensitive Land Review for alteration of the floodway by constructin an overflow channel and Type II Water Resources Overlay review for wetland mitiga�ion within the wetland buffer area. The request is to mitigate a wetland that is being removed in another area of the City as part of the Eagle Hardware development (now Lowe's Hardware) by enhancing the wetland in the proximity of Fowler Middle School. LOCATION: North of Fowler Middle School, south of Tigard Street and west of Tiedeman Street. WCTM 1 S134DD tax lots 00900 and 01000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.775, and 18.797. CIT AREA: Central CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY BELOW: ❑ TYPE I � TYPE II � TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: JUNE_ 19. 2000 DATE COMMENTS ARE DUE: _ IULY 3� 2000 _ _ � HEARINGS OFFICER [MONJ DATE OF HEARING: [tentaWel lULY24,2000 TIME: ]:OOP ❑ PLANNING COMMISSION [MONJ DATE �F HEARING: TIME: 1:30P ❑ CITY COUNCIL [TUES.] DATE OF HEARING: TIME: ]:30P ❑ STAFF DECISION RENTATIYD DATE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION � VICINITY MAP � LANDSCAPING PLAN ❑ ARBORIST REPORT � SITE PLAN ❑ ARCHITECTURAL PLAN ❑ TRAFFIC IMPACT STUDY � NARRATIVE ❑ GEOTECH REPORT ❑ OTHER: STAFF CONTACT: Julia Powell H�duk, Associate Planner (503) 639-4171 Ext. 407 q �/\_ June 15, 2000 . CITY OF TIGARD oRE�oN Kristina McKenzie David Evans and Associates 2828 SW Corbett Avenue Portland, OR 97201 Re: SLR2000-00007 and SLR2000-00008 - Lowe's Hardware Wetland Mitigation site at Fowler Middle School Completeness letter Dear Ms. McKenzie: This letter is to inform you that the City has received your application materials for the Lowe's wetland mitigation at Fowler Middle School. Staff has reviewed the materials submitted and has determined that all required submittal information has been provided. Your application has, therefore, been deemed complete and has been scheduled for review by the Hearings Officer. Staff has set a hearing date of July 24, 2000 for the public hearing on this application. Please feel free to contact me if you have any questions regarding this letter or your application at 639-4171, x407. Sincerely, /����t°l� L �C'��G� ulia Powell Hajduk Associate Planner 1:lcurpin\julialSLRlsIr2000-07(lowe's)acc.doc c: SLR2000-00007/SLR2000-00008 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 �'6/09/00 1�:J6 FA% 50� 640 35"� . UNIFIED SEWERAGE �1002 UNTFIED SEWERAGE ACrENCY OF WASI�NGTON CDUNTX June 9, 2000 Kristina Gifford McKenzie David Evans and Associat�s, Inc. 2828 SW Corbett Avenue Portland, Oregon 97201 RE: Service Provider Letter for Lowe's Hardware Mitigation Site at Fowler Middle Schaol in Tigard, Oregon Dear Ms. McKenzie: The Unfied Sewerage Agency (Agency) has reviewed the submitted information regarding the above referenced site. Based on the information provided regarding sensitive areas as defined by Section '(.02.49 of the Agencys Design and Consfruction Standards (R8�0 007) do exist on the site_ Consequently. a Service Provider letter from the Agency is required pnor to the submittal of a land use application. The purpose of this letter is to provide you with the required Service Provider letter and conditions of approval for the proposed project. Proposed Project The US Amty Corps of Engineers (USACE) and Oregon Oivision of State Lands (DSL) issued wetland permits for the filling of 0_81 acre of wetland at the Lowe's Hardware site at Highway 217 and SW 72n°Avenue In Tigard, Oregon (DSL Permit RF-16790; USACE 199900199). Section 3.02.3 indicates that "maintena�ce practices and enhancement activities, as defined by the [Oregon Division of State Lands] DSL and jUS Army Corps of Engineers] COE, are allowed within the sensitive area per criteria set forth by the DSL and/or COE." 'fherefore, the proposed mitigation project is an allowed use under R8�0 007. Compensatory mitigation to offset wetland Impacts includes enhancement of 3.10 acres of degraded wetland along Fanno Creek at Fowier Middle School. Mitigation activities include excavation and removal of reed canarygrass (Phalaris arundinacea) and revegetating with native plant materials including Oregon ash (Fraxlnus lafifolia), wi(low (Salix sp.), and m[xed emergent species. Ba�ed on S�ction 3.02.6, Te�ble �_1, R8�0 007� the required vegetated comidor for the completed compensatory mitigation area fs 50 faet Accommodation of the 50-foot wide vegetated corridor Is not posslble given site conditi�ns. The mitfgation site is bounded to the east by Fanno Creek, to the south by an exis�ting Oregon ash forest, Co the west 155 North First Avenue,S�ite 270,I�AS 10 Phone: 503/648-8621 Hillsboro, Oregon 97i 24-3072 FaX:5o3/sao-3525 06/09/00 13:J6 FAX 50� 640 J525 UNIFIED SEWERAGE �00� Lowe's Hardware/Fowler Midd/e Schoo!ServiGe Provider Letter June 8, 2000 Page 2 of 3 by the Fowler School grounds, and to the north by a City of Tigard p�oposed pedestrian/bike path. The only potential area where the Agency required vegetated comdor might practicably be applied would be along the northern boundary (the location for the proposed City of Tigard pedestrian/bike path). Section 3.02.4(b) of R8�0 007 identifies pedestrian/bike paths as an allowed use within the vegetated corridor. Since the Iocation of the proposed pedestrian/bike path has not been finalized and was shown as vnly conceptual on your submitted drawings, requirement of a vegetated corridor that would likely be impacted by future activities is not advisable. Given these issues, application of a vegetated corridor for the northem boundary of the compensatory mitigation area will be deferred until the review and approval process for the proposed pedestrian/bike path. Reductio� of the mitigation area to accommodate the Agency required vegetated corridor is not practicable since this type of modification would likely result in the need to resubmit permit applications to the DSL and USACE. ln addition, the area selected for mitigation is proposed to be consolidated with other mitigation activities conducted by others. In conclusion, since the mitigation area is part of a DSL and USACE permitted activity, alteration of the plan is not practicable. In addition, due to the location of the site and surrounding land uses, provision of a vegetated corridor as required by R8�0 007, is also not practicable. Long-term protection for the sensitive area is provided by the fact that the sensitive area is public land zoned as open space. EnhancemenUrestoration of a vegetated corridor along the nor�hem portion of fhe mitigation area will be required during Agency review of the pr�posed City of Tigard pedestrian/bike path. This letter with the attached conditions (Attachment 1)will serve as your Service Provider letter. All other required permits and approvals must also be obtained and complied with under applicable local� state� and federal laws. 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. If you have any questions regarding this Service Provider letter or conditions, please call me at (503) 846-3795. Sincerely, �� � ;��► S. Alison Rhe Sensitive Area Coordinator vwo s..�_oskn�soRaT�s.ens.oarV..�s+maet 46/09/00 1a:�6 FA% 505 640 ��25 _UNIFIED SEwERAGE I�j004 , �owe's Hardware/Fowler Middie School Servrce Provider Leftei' June 8, 2000 Page 3 of 3 Attachment 1: Conditions of A roval for tfie Service Provider Letter Location: Lowe's Hardware Mitigation Site at Fowler Middle School in Tigard, Oregon (Tax Map 1S134DD: Tax Lots 00900 and 0100) Pro'ect Descri tion: Construction of a Oregon Division of State Lands and US Army Corps of Engineers wetland mitigation area In order to comply with water quality protection, the Lowe's Hardware Site at Fowler Middle School wetland mitigation project must comply with the following conditions: 1. No structures. development, construction activities, gardens, lawns, application of chemicals, uncontained areas of hazardous matenals 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 (1), (2), or (3). 2. Provision of the required 50-foot wide vegetated corrido�at the northem edge of the site shall be required at the time of City of Tigard pedestrian/bike path is reviewed by the Agency. 3. Appropriate Best Management Practices (BMP's)for Erosion Control. in accordance with USA's Erosion Control Technical Guidance Manua! shall be used prior to, during� and following earth disturbing activities. 4. Within 72 houcs of completion of the we�and mitigation activities, applicant shall contact the Agency to schedule a site visit to review the enhancement/restoration activities. �s�•wvn�o..d.p�s.a�s�oo-�+Ya.ie i.s.ao.a�e �c{n DAVID EVANS AND ASSOCIATES, � T R A N S M I T T A L z8z8 SW Corbett Avenue ro: City of Tigard Ponland,Oregon g�zoi 13125 SW Hall Blvd. Tel: 5o3.zz3.GGG3 Tigard, OR 97223 Fnx: 5o3.u3.z�oi DATE: �Ulle J, 2��� FROM: Kristina Gifford McKenzie PROJECT: LOW@'s HIW, Inc. Land Use Application PRO�.# LHIW0000-0001.010 ITEM COPIES DATE DESCRIPTION Application package for Type II Water Resources Overlay Review and Type III 1 18 6/9/00 Sensitive Lands Review 2 1 6/9/00 application fee -check amount $1389.00 3 2 6/9/00 addressed envelopes for mailing, including postage � , � lD�a�Oo �erV�(P_ �rnvider L�-or w� VS,� �i ❑ AS YOU REQUESTED ❑ FOR YOUR APPROVAL ❑ RETURN REQUESTED � RECORDS MANAGEMENT � FOR YOUR INFORMATION ❑ FOR YOUR REVIEW ❑ COMMENTS: . • • �c�n DAVID EVANS AND ASSOCIATES, � T R A N S M I T T A L z8z8 S W Corbett Av�iue ro: Julia Hajduk Ponta�ut,Oregon g�zo� City of Tigard 13125 SW Hall BIVd. Tel: 5o3.zz3.G663 Tigard, OR 97223 Fax: 5o3.zz3.z�oi DATE: JUf12 'I3, 2��� FROnn: Kristina Gifford McKenzie PROJECT: LOW@'s mitigation project at Fowler Middle School PRO� #: LHIW0000-0001 ITEM COPIES DATE DESCRIPTION 1 1 5/5/00 8-1/2" x 11"site plan (Sheet 3 of 6) 2 2 6/13/00 sets of stamped envelopes addressed to local residents � AS YOU REQUESTED ❑ FOR YOUR APPROVAL ❑ RETURN REQUESTED ❑ RECORDS MANAGEMENT ❑ FOR YOUR INFORMATION ❑ FOR YOUR REVIEW ❑ COMMENTS: I hope we got the envelopes right this time. Sorry for the mix-up. -Kristina . . . . 1 � � �c.n DAVID EVAN5 AND ASSOCIATES, � T R A N S M I T T A L z8z8 sw corb�c�Av�ue RECEIVED PLANNING To: City of Tigard Po�t,o���zo� Planning Division �.i�,�� Q 1 ZD�Q 13125 SW Hall Boulevard Td So3.zz3.66G3 CtTY OF TIGARp Tigard, OR 97223 Fax:5o3.z23.zyoi DATE: ApfII Z8, 2000 FROM: Heather Coleman PROJECT: LOW@'s Home Improvement Warehouse Wetland Mitigation Site at Fowler Middle Sr.hnnl PRO�.#: LHIW0000-0001 ITEM GOPIES DATE DESCRIPTION 1 4/28 Affidavit of Posting Notice 1 4/28 Affidavit of Mailing ❑ AS YOU REQUESTED ❑ FOR YOUR APPROVAL ❑ RETURN REQUESTED ❑ RECORDS MANAGEMENT ❑ FOR YOUR INFORMATION ❑ FOR YOUR REVIEW ❑ COMMENTS: Enclosed are affidavits certifying that the subject site was posted and a notice of public meeting was mailed to nearby property owners for a planned wetland mitigation project to be located on the property of the Fowler Middle School. A pre-application conference for this proposal was held Apri120, 2000 with Julia Hajduk. • , . � o:Aproj ectU\Ih iw0000-0001 V!docs\]O 1-gen I\tig_xmt I.doc . � � , AFFIDA�I'I' OF POS'TING NOTICE �'VITHIN SEVEN('�')CALEi�TDAIt DAYS OF TIiE SIGN POSTING,KETURN'i`HIS AFFIDAVIT'I`O: Gity t�£Tigard Planning Division 18X2b�W�a11 Boulevaxd Tigard,4R, 97223 Heather Coleman � I, , do affirm that I am (represent) the party initiating Inte�est in a proposed Wetland enhancement project affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) ��Wler Middle School, tax lots 1S134DD 1000 and 900 , and did on the 26th day of April, 200p , 19 er$onally post notic� indicating that the site may be proposed for a water Resources Over- lay District anTS�nsitive Lands Revi ��'plication, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at along Tigard 5treet, west of Fanno Creek (state location you posted notice on property) � Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON,NOTARY PUBLIC TO COMPLETE/NOTARIZ� �f�OJ Subscribed and swom/affirmed before me on the .�� day of %' , �. KEITH C�TH MPSON � "OTA��'�•�^E� NOTARY PUBLIC OF OREGON COMMISSIONN0.304261 My Commission Expires: ,¢�y,����eo/ MY COA�MISSION D(rIRES AUG.?1�2001 (Applicant,please complete information below for proper placement with proposed project) �----�NAME OF PROJECT OR PftOPOSED NAME: Lowe s Home Improvement Wetland Mitic1ation Site � --------------------------� �TYPE OF PROPOSED DEVELOPMENT: We � Name ofApplicandOwner: �vid Evans an Associates, Inc. for Lowe's Home Imp. Warehouse � �Address or General Location of Subject Property: on property of Fowler Middle School, 10865 � (Subject Property Tax Map(s)and Lot#(s): � L----------------------------------�------DD-- -----------------------� h:YoyiMpattylrr�astersVdfposl.mst 1 a; , AFFIDA�IT OF MAILING STATE OF OREGON ) )ss. City of Tigard ) . �, Heather coleman . being duly sworn, depose and say that on April 26 , 2 nnn .X't�X, I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) Fowler Middle School, 10865 SW Walnut Street, Tigard, Oregon 97223 a copy of which notice so mailed is attached hereto and made a pa�t of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at 1505 SW 6th Avenue, Portland, Oreqon, 97201 , with postage prepaid thereon. � Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZ� �Ov Subsc�ibed and swom/affirmed before me on the �� day of %" ,�. o��c�u s�u. � KEITH C THOMPS�N NOTARYPUBLIC•OREGON NOTARY PUBLIC OF OREGON COMMISSION N0.3�4261 MY CpMMISSION EXPIRESAUQ.�,zoo, My Commission Expires: /��,y,�7�DO/ (Applicant,please oomplete information below for proper placement with proposed project) ---------------------------------------i r-------------------------------� NAME OF PROJECT OR PROPOSED NAME: Lowe s�Home I �rovement Wetland Mitigation Site � �TYPE OF PROPOSED DEVELOPMENT: We�land en ah ncement pro�ect �Name ofApplicant/Owner: David Evans and Associates Inc. for Lowe's Home Im rovement W h e� In� �Address or Ge eral I�ocation of Subject Pro grty: on property o Fow er Mi e SC oo � 1 � 1086� SW Walnut Street, �igarc��7�Z � �Subject Property Tax Map(s)and Lot#(s)__1 S 1 34 DD 1000, 1 S 1 34 DD 900__________________ � ----- ------------- n.voyin�pattylmasterslannwN.mzt NOTICE OF PUBLIC MEETING: WETLAND ENHANCEMENT PROJECT AT FOWLER MIDDLE SCHOOL Lowe's Home Improvement Warehouse, Inc. is proposing a wetland enhancement project in your neighborhood. The project involves enhancing 3.1 acres of wetlands along Fanno Creek on the Fowler Middle School properiy. David Evans and Associates, Inc. (DEA)has been hired by Lowe's to design and oversee the enhancement work. The wetlands are currently dominated by reed canarygrass, a non-native,invasive species. The proposed project will improve the wildlife habitat and water quality functions of the wetlands by replacing the reed canarygrass with native vegetation similar to that found in nearby wetlands. Fish habitat will be improved by creating a 470' long overflow channel connecting at both ends to Fanno Creek. This project will complement another wetland enhancement project and new recreational trail planned by the City of Tigard on the school site. The proposed work is part of a larger project which includes a new hardware store at Highway 217 and 72°a Avenue. The enhancement project will offset wetland impacts associated with construction of the store. The City of Tigard has akeady approved the hardware store development in a separate land use action. The Oregon Division of State Lands and the U.S. Army Corps of Engineers have authorized the wetland impacts at the hardware store site and the enhancement work at Fowler Middle School. The wetland enhancement project will require two land use reviews by the City of Tigard: a Water Resources Overlay District Review and a Sensitive Lands Review. Prior to submitting its application, Lowe's would like to discuss the proposal with surrounding property owners and residents. You aze invited to attend a meeting: Thursday, May 11,2000 7:00—8:00 p.m. Room 44 (near Gymnasium) Fowler Middle School 10865 SW Walnut S� Tigard,OR 97223 Please note that this will be an informational meeting to discuss preliminary plans. These plans may be modified prior to submittal of the land use application to the City. If you have any questions,please call Kristina Gifford McKenzie or Heather Coleman at DEA at 223-6663. I \ Np�: WETLANO ENHANCEMENT LECENO APPROXIMATE wETLANO AREA IS DEFINED Q PROPOSED ENHANCEMENT (pir oF ncueD) � , PROPOSEO S EAMB NK 8Y FANNO CREEK ON THE EAST, SUMMER � �SnNC wEn/wD TO RE�wN uNqSruRBED � � LIVE STAKINC�EAGLE' CREEK ON THE SOUTH, ANO THE WETLAND I DEUNEATION LINE ON THE YVEST AND NORTH � ORECON ASN FOREST (PROPOSEO 2.63 ACRES. E�C�E) \ � MnLLOW FOR£ST (PROPOSED 0.19 ACRES, Fl�CLE) OT R�NESATE\ � 5{��ygµK/�P/�yyV � STAKINC � � �- -- � ,/'• �'\ (Paoaoseo o.ie�cr�s. �) � � � . y 7• S W, � ....o. ... .... .. e..,� r" � �� .•\ � �F�\ �� � �� �•� �� 7�IP IAF�OII1/IM1K�Y.O� M 1 K � � \ /'' // �� , COIRR l7�6A/IIW-0/Q OOOw700 7M ;R o+wY , � � ` ,\ ,\ 101��M01YpMG/lral� �y K Yw�/0 � � � � ' /'' ''�N �Y M90CnMli CM7fNY3�IMOI�C�OMI Iw �K i��Y � �^ =�• �A � _ ,� � ,/ 'j� �/t` ��u�ww..��nu,o�c s �.. o,,,.,. ,.•1„ `. '� -1'' \ CJMta oM1rt�/l.ow�4Da r.a� �a.� me-�a ww� O ^ � � _ ' — PF�OPOSEO WILLO FOREST, ,\ � ���/ �� ��w i e�... ��w�ic w�r � �I�= _ ..___ � ^.��' ��� �CI TY OF TIGARD� ,\ +aws rooaw�rR/ru-rwnm�.w� �N �w w mr-�et rw ^^��^ ^^ • �te to�ws fo�aw/ir.o rnw oomm n a�r-r�. r-r�ir�u.a f.0 u�wnM/anc.uo. n �n--r r� r-r�n-rr. � _- _ �----��-��- �'�, �,'\ � PROPOSED ORECON ASH ��s.y���.��•�� - ~ �� � ' FOREST (CITY Of TIGARD) '� � ,��� -'PROPOSED ORECON - - _� � ,/� M�ETLNdO ENF�uurCEhAENT TABUlAT10N \ � :ASH fOREST (EAGLE _ �- ?���'� � } Of OVERFLOW CH NNEL. ,A� �ROxiu�rE wEt�wo �aEA �.6 �crtEs � ___ _ � � GRAOE TO ORAIN. A���, i -- --- —=� �, �� � LIVESTAKE BOTH B�IKS < ` /``\ ORECON ISM k MALLOW FOREST CONMUNITIES �•6��5 t^ _ —= ~~^�'y�� I S� O.C. \ /� ARFA SUITABI.E FOR ENWWCEMENT 4.0 ACRES • I ` = ��1 ��G � I �p PROPOSED ENWWCEYEHT (CITY OF TiGARpj 0.9 ACRES 3� M __ ^_^ ,j 1 �G^ � ; \\. ` i� PROPOSED ENwWCE4EnT (EAGLE) 3.t �CRES ��! � — ^a 1 � ; I I , BNANCE OF wEiLANO AREA 0 �CRES �� I � _� j ��: � I� NOTE: ��$ 1 �����_^ ' I �- � ' � tl � -� � \ I i \ \ PROPOSED OVERfLOW CMANNEL �� ���===-�� 1 TO HAVE 5� BOTTOM NADTN, 2:1(H,V, 9<i � ���...___=� � \ / / � > -� r I ' { Y\ SIDE SLOPES, AND DEPTH VARYING I I � • � : -t < <' � I / / W �` FROM 1-2'. CHANNEL TO BE LINEO 1 + = � .I �� � ��O� 'f I I W \M�TH BONTERRA C2 OR j � T � •� 1 � �� / � � APPROVED EQUIVALENT, I � i 1 � � • ` � � � f�,� I � � — " � � � . I _ . . � `� . . . `.� > � --------� � � �� � ExisnNC oRECON1 � � � " ._ PROPOSED ' � ------___� `• �1 � �'" y�I�LOE�fOREST • �ASH FOREST , \` �> �� � �� , �� E I � ��i�� - ._ . , `J \ n 1 � --- �-�....�_-- —.`i ` �� \ / ~ 4 � I - __ � � �; � - � I --� ` PROPOSEO SHRUB ENHANC ENT ' a �,_„-� �yI , (CITY OF T1CAR0) �� , � t ' WETLAND OEUNEATION (CI�Y�OF nGAR�� � � I (BY OTHERS) LT�� EXISTINC WILLOW FOREST � � FREQUENTLY ASKED Citq of Tigard NEIGNBORHOOD MEETING QUESTIONS s�°�,�"A�t�;"��'m�ty What Is The Purnose Of This Nei�hborhood Meeting? . The purpose of the meeting is to allow the prospective developer to share with you what they are planning to do. This is your opportunity to become informed of their proposed development and to let them know what issues or concerns you have in regard to their proposal. What Haaaens After The Nei�hborhood Meeting? After the neighborhood meeting, the prospective develope� finalizes their submittal package (often taking into account citizen concerns) and submits an application to the City. Sometimes it takes a while befo�e the developer's application is ready to submit, so there could be several months between the neighborhood meeting and the submittal of an application. Once an application is submitted to the City, Staff reviews it for completeness. Once an application has been deemed complete, the formal application review begins. It takes approximately 6-8 weeks from the time the application is accepted for a decision to be made. Many types of applications require a public hearing at which citizens are given the oppo�tunity to provide comments or concerns. For all types of applications, prope�ty owners within 500 feet of the subject parcels receive notice of the public hearing (if applicable), notice of the decision, and are given the opportunity to appeal the decision. What (f The Proaosal Presented At The Neighborhood Meeting Is Not What Is Actuallv Submitted? Applicants are not required to submit exactly what was presented at the neighborhood meeting if it generally follows the type of development proposed. This provides for the opportunity to address the neighborhood issues and address other changes necessitated by the development or staff. If the project is entirely different, a new neighborhood meeting would be required. In any case, notice of decision is sent to property owners within 500 feet of the proposed development allowing them the opportunity to appeal. How Do I Know What Issues Are Valid? A decision is reviewed based on compliance with the Tigard Development Code. Review the development code to familiarize yourself with what is permitted and what may not be permitted. A copy of the development code is available for viewing at the Tigard City Library or a copy may be purchased at the Community Development Services counter. You may also contact City Planning staff and ask what the standards are for a specific issue. Be prepared, however, that you may not LIKE all the standards, but at least you know what they are. If a development meets the code standards, it can proceed. Foryour assistance, the Citizen Involvement Team (CIT) has compiled a list of helpful questions to>ask that may assisf ��LC. ;ia 53 Y. °' t" .` .tik ��'e a`�a . . . , ' . i, � ti :: `:_ �Z.: "'E , �ys,. �tT��`.. :; you,��n determining your position on�a�particular proposal�.� ,The�following sh�eet lists those�questions. � i:lcur��lnljulialcitinfo2.doc ��� ' �� _ � n*� �PICAL NEIGNBORHOOD CUNCE � S f :;4 j - r � - : : . .�r. ,�.. Q'L.. .,r3"� �._:.n�..,T y :;':.�.. ,-::.,.:.� .- .'.' .: : ..,.. . _� : , � . . �� '�� y.s ` ' t��.!'"..�ui...�i.. .... ':. . � ! .�', . ,...i:. t 3' ,. � �`� _ ..,, �.�QUESTIONS TO ASK TO MAKE SURE YOUR.CONCERNS ARE MET ° . . , x: „ ;;:: ` ;r ...5'� � �- The following is a list of questions developed by a subgroup of the Citizen Involvement Team. These questions are intended to aid you in formulating your own questions for proposed development i� your area. Feel free to ask more or alter the questions to address you�own unique concerns and interests. PROCESS . What applications are you (the developer) applying foi'? When do you expect to submit the application(s) so that neighbors can review it? What changes or additions are expected prior to submittal? . Will the decision on the application be made by City Staff, Hearings Officer, Planning Commission or City Council? How long is the process? (timing)/ . At what point in the process are citizens given notice and the opportunity to provide input? . Has a pre-application conference been held with City of Tigard Staff? ✓ Have any preliminary requirements been addressed or have any critical issues been identified? ✓ What City Planner did you speak with regarding this project? (This person is generally the Planner assigned to the land use case and the one to contact for additional information). STREETS � . Will there be a traffic study done? What are the preliminary traffic impacts anticipated as a result of the development and how do you propose to mitigate the impacts if necessary? . What street improvements (including sidewalks) are proposed? What connections to existing streets are proposed? . . Are streets proposed to be public or private? What a�e the proposed street and sidewalk widths? . What are the emergency access requirements and what is proposed to meet those requirements? tONING AND DENSITY . What is the curre�t zoning? What uses are allowed unde�this zoning? . Will there be a re-zone requested by the develope�? If yes, to what zone? . How many units are proposed for the development and what is the minimum and maximum density allowed in the zone? DRAINAGE AND WATER QUALITY . What is your erosion control and drainage plan What is the natural slope of the property? What are the grading plans? . Is there a water quality facility planned within the development and where will it be located? Who wil own and maintain the facility? TREES AND LANDSCAPING . What are the tree removal plans and what is proposed to mitigate for trees removed? . What are the landscaping plans? What bufferi�g or fencing is required and/o� p�oposed? . � p� , la� �-� 1 S 134DC-09900 1 S 135CC-02400 ADAMSKI CURTIS R BIEDERMAN BRIAN E&BEVERLY J 4109 FIR ST 10480 SW MEADOW VANCOUVER,WA 98660 TIGARD,OR 97223 1 S 134DD-02200 1 S 134DC-10300 ALEXANDER FERD F&CATHERINE M BOWKER LEANNE MARIE TRUSTEES 11496 SW CORNELL PL 21820 SW ELWERT RD TIGARD,OR 97223 SHERWOOO,OR 97140 134DD-02300 1 S 135CC-00800 AL NDER FER ND BOWSHER CHARLEY L CATHE RUSTEES LUCILLE N 2182 ERT RD 11820 SW TIEDEMAN RWOOD,O 7140 TIGARD,OR 97223 • 1 S134DD-02000 1 S134DD-01300 ALEXANDER FERD W&NATALIE S BOYCE ANA L 8 RONALD J 11423 SW 107TH PL P O BOX 23093 TIGARD,OR 97223 TIGARD,OR 97223 135CC-03900 1 S 135CC-01100 AL RD B W BRAUN STEVE&ANGELA PATRI 10395 SW MEADOW 101 SW T RD ST TIGARD,OR 97223 ARD,OR 97 1 S135CC-03800 1 S 134DB-03800 ALFORD BURT W PATRICIA BRAUN WILLIAM H JR&ANNE M 10180 SW TIGARD ST 10920 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-02200 1 S 134DC-09600 ALLISON LARRY D AND BRYANT DONNA J&ROSS A DEBORAH 11545 SW CORNELL PL 10420 SW MEADOW TIGARD,OR 97223 TIGARD,OR 97223 15134DD-01100 1 S 134DD-00101 ANDERSON GERALD L BUCHANAN MICHAEL R 8 SHEILA M CHARLOTTE A 10525 SW TIGARD ST 11645 5W TIEDEMAN RD TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DC-106D0 1 S 134DD-00400 BERNARD KYLE L&LISA B BURGHARDT JOSEPH W 11556 SW CORNELL PL DOLORES J TIGARD,OR 97223 10805 SW TIGARD AVE TIGARD,OR 97223 1 S 134DD-00700 1 S 134DD-00502 BERNHARD MARILYN RAE BURGHARDT THOMAS&AMY 10895 SW TIGARD ST 10823 SW TIGARD 5T TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-0O600 1 S 134D D-0O800 CHANEY CORALYN A EVANS ROBERT A 11730 SW TIEDEMAN 10905 SW TIGARD ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DD-01800 1 S134DD-00501 CHAPUT NANCY A FITZGERALD ROBERT A AND 11935 SW TIEDEMAN CHRISTINE A TIGARD,OR 97223 10835 SW TIGARD AVE TIGARD,OR 97223 1 S 135CC-00300 1 S 134DC-09300 CHITTENDEN LLOYD A EVELY FREDERICKSON ANDREW J/CATHY& 11600 SW TIEDEMAN AVE FREDERICKSON EVELYN ELIZABETH TR TIGARD,OR 97223 11514 SW TWIN PARK PLACE TIGARD,OR 97223 1 S 134DC-10500 1 S 135C8-00500 COBURN KELLY E&TERRIA L GABRIEL INVESTMENT LLC 11534 SW CORNEL�PL 10250 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103AA-00501 1 5C8-00400 COLLINS RANDY LEE AND GABR NVE NT LLC TARA LYNETTE 10250 TH DAKOTA ST 12132 SW TIEDEMAN AV T ARD,OR 972 TIGARD,OR 97223 1 S 135CC-00703 1 S 134D D-02100 DAVIS DANIEL F&GEORGIA D HEATH ROGER C AND DIANNE S 11764 SW TIEDEMAN AVE 11445 SW 107TH PLACE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-00701 1 S 135CC-01000 . ' DAVIS DANIEL F&GEORGIA D& HOLLAND SHARI&SCOTT LARSON WESLEY& 10425 SW MEADOWS ST � WATANABE OSAMU/SUWAKO ET AL TIGARD,OR 97223 11764 SW TIEDEMAN AVE TIGARD,OR 97223 1 S 134DD-01200 1 S 134DD-01900 DILSAVER DANIEL E AND HULSE CARL V AND SHIRLEY Z JENNIFER L 11675 SW TIEDEMAN 11401 SW 107TH PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-02100 1 S 134DB-03700 EDWARDS GERALD R LAUREL JABS WILLIAM M 10390 SW MEADOW ST 10970 SW NORTH DAKOTA AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DC-09800 1 S 135CC-00200 EIDSON DONALD L AND MARY H JACKSON PAUL R 11501 SW CORNELL PL JACKSON SIMONE DENISE PAUWELS TIGARD,OR 97223 10250 SW TIGARD ST TIGARD,OR 97223 1 S 134DC-09400 2S 103AA-00500 JONES CHARLES B JR/CATHYANN PICKAR RICHARD L 11536 SW TEIN PARK PL 12130 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-0230D 1 S 134DD-01600 KOBLEGARDE B RUPERT POPE STEVEN R ALICE E 310 MAYER BLDG 2120 NW 135TH 1130 SW MORRISON ST PORTLAND,OR 97229 PORTLAND,OR 97205 �s�aaoc-os�oo 1 S134DD-00700 LOWE LARRY C&ROSE M RICHARDS JAMES E&SHARON S 11523 SW CORNELL PL NORRIS&STEVENS REALTORS TIGARD,OR 97223 520 SW 6TH#400 PORTLAND,OR 97204 1 S 134DD-00300 1 S 135CC-00702 MAI HIEP RIFFEL ALLEN W&SUSAN A 10755 SW TIGARD ST 11742 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135C8-00600 7 S 134D D-00102 MCCALL PROPERTIES INC SCHAEFER DONALD M&MILYNN O 808 SW 15TH AVE PO BOX 23697 PORTLAND,OR 97205 TIGARD,OR 97281 2S 102B6-00600 1 S 134DD-01000 METRO SCHOOL DISTRICT#23-J 600 NE GRAND AVE WASHINGTON AND CLACKAMAS PORTLAND,OR 97232 COUNTIES OREGON 13137 SW PACIFIC HWY TIGARD,OR 97223 1 S 134D D-01400 1 S 134DD-00900 NABORS FORREST A SCHOOL DISTRICT 23J 11755 SW TIEDEMAN AVE 13137 SW PACIFIC HWY TIGARD,OR 97223 TIGARD,OR 97223 1S134DD-01700 2 03AA-00101 NOFZIGER KENNETH RICHARD SCH IS NO 23 J 11835 SW TIEDEMANN 13137 A HWY TIGARD,OR 97223 TI RD,OR 97223 1 S 1340G00500 103A8-00100 PARK PETER SCH I NO 23J 11476 SW TWIN PARK PL 1313 PA C HWY TIGARD,OR 97223 ARD,OR 97223 1 S 134DC-10000 1 S 134DC-03000 PHAM MYDUNG T& SCHOOL DISTRICT NO.23J PHAM MY HANH T 8 WASHINGTON COUNTY PHAM MY HOAI 13137 SW PACIFIC HWY 11463 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 r 1 S 135CC-00900 7 S 134D D-01500 SERFLING LOWELL C/ALICE R VAN DOORNINCK WOLTER H 10455 SW MEADOW 6555 SW DALE AVE TIGARD,OR 97223 BEAVERTON,OR 97005 15135CC-00400 1 S 135CC-00700 SHADBOLT LEE J AND TAMARA A WATANABE OSAMU AND SUWAKO 11640 SW TIEDEMAN AVE 11770 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DC-095D0 1 S 134DG10400 SHEELER CHARLES W&KATY L WHIFFIN SHARON K 11558 SW TWIN PARK PL 11512 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DC-09200 1 S 134DC-10100 STEWART PETER B&TRACY D WHITTAKER JEFFREY S&ANITA L 11498 SW TWIN PARK PL 11452 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-00500 1 S 135CC-01300 STOVER LAWRENCE W&SHARON A ZWERLING ADAM J& 13432 SW 136TH PL CARDILLO DEBORAH A TIGARD,OR 97223 10325 SW MEADOW ST TIGARD,OR 97223 2S 103AA-00100 SWAN ELIZABETH E 12060 SW TIEDEMAN TIGARD,OR 97223 1 S135CC-01200 SZYDLOWSKI DOROTHEA L 10365 SW MEADOW ST TIGARD,OR 97224 1 S134D0-00103 TIGARD CITY OF 13125 SW HALL TIGARD,OR 97223 1S134DC-1D200 TRAPP JAMES THOMAS&DEBBIE�OU 11474 SW CORNELL PL TIGARD,OR 97223 1 S 135CC-02000 VALDEZ STEVEN M 8 KIMBERLY M 10360 SW MEADOW ST TIGARD,OR 97223 x CITY OF TIGARD COMMUNITY INV4LVEMENT TEAM CI SUBCOMMITTEES �. . �g`'".' ,"��K.',.... . ..�y�c �i.,,,. `"`��:.'. ,, . ,.,. . , .:�. .. ��.. , ..� �:, I �-ir :w;.:�cyx�� �a vd{,,�:b� �rv� ��,a+ �, . � ..d, �'r.��;i ��'� WEST��CIT � � ��`WEST CIT � � EAST`CIT������ ��� 50UTW��C1T_`�� ` �� SOUTH'CIT���`�� �CEI�TRA �CIT '� � � � � (Cont(nued � � I � €•.���� (Continuea) ��� ,.''°���`��` ;��� ,�:_,�,�� Ed b fran Egan Jadc Biethan Naomi Gailucu Sally Chnstensen Bill Findc Debra keman 14635 SW Bull Mountain Road I5525 S1N 109"'Avenue I 1285 SW 78"'Avenue 15685 S1N 76°'Arenue 9235 S1N Mountain�ew Lane 13372 S1N qeuview Wzy Tigard,OR 91224 Tigard,OR 91224 Tigard,OR 97223 Tigard,OR 91224 Tigud,OR 91224 Tigard,OR 91223 Earl b Marilyn Eliu farolyn Mindi Sue Rorman Mary Mn Melvin Mary Skelton 13540 SW Yllage Glenn Drive I5025 SW 141"Avenue I 1250 SW 82""Avenue 10395 iW Bonanza Waq 10355 SW Walnut Street Tigard,OR 91223 Tigard,OR 97224 Tigard,OR 91223 Tigard,OR 97224 Tigard,OR 91223 fraig Minor Ellen Beilstein John Snyder Stephen Bidcer Kathleen Anderson 14210 SW Windsong Court 14b30 SW 139°'Avenue I I 100 S1N 82"d Avenue 14235 SYV 9T"Avenue 12132 SW lansdmvne lu�e Tigard,OR 97223 Tigard,OR 91224 Tigard,OR 91223 Tigard,OR 97224 Tigard,OR 91223 Paul E.Owen Charlie&Larie Stalzer Jadc ' th Mark Bogert Ja iethan 10335 SW Highland Drivt 14781 SW Juliet Terrace 15525 109°i Avenue 14445 SW 100"'Avenue ISS25 9°Avenue Tigard,OR 9T224 Tigard,OR 97224 Tigar,OR 24 ' Tigard,OR 91224 Tigard, Beve�r Froude Elle eilste' Tvryla Brady Don b Dorotfry Erdt 12200 SW Bull Mountain Road 14630 139"'Avenue 9360 SW Edgewood Street 13160 SYV 121`Avenue Tigard,OR 91224 Tiga R 4 �i�, Tigard,OR 91223 Tigard,OR 97223 G�� Craig Smelter �� Debra Muir Suzanne Riles 14900 S1N 103'�Avenue 15065 SYV 79"'Avenue 13215 SW Genesis Loop Tigard,OR 97224 � Tigard,OR 97224 Tigard,OR 97223 Joan Best Sue Siebold E Beilmi 10105 SW Murdodc lane,#F2 15374 SW Thunton lane 14630 39°i Avenue Tigard,OR 91224 Tigard,OR 91224 Tigard, �24 Katfry Palmer Tim Esav do John Tigard Houx PO Box 230695 14260 SW High Tor Drive Tigard,OR 97281 Tigard,OR 91224 Ja iethani' Jeanette Phelps 15525 09"'Avenue I5305 NV Bull Mountain Road Tigard 91224 Tigard,OR 97224 Ellen ilste 14630 9"'Avenue Ti rd R 91 �� PLEASE NOTE: In addition to all property owners within 500 feet of the subject site, notice of ineetings on land use proposals shall be sent to all names on this list. � �-�- � 1:1CUrpInVtla5tef5V2vlsed�dT Subcommlttees.mst RevlSed: 12•Apf•2000 RECEIVED PLANNING RPR 2 7 2000 NOTICE OF PUBLIC MEETING: CI i Y OF TIGARU WETLAND ENHANCEMENT PROJECT AT FOWLER MIDDLE SCHOOL Lowe's Home Improvement Warehouse, Inc. is proposing a wetland enhancement project in your neighborhood. The project involves enhancing 3.1 acres of wetlands along Fanno Creek on the Fowler Middle School property. David Evans and Associates, Inc. (DEA)has been hired by Lowe's to design and oversee the enhancement work. The wetlands are currently dominated by reed canarygrass, a non-native, invasive species. The proposed project will improve the wildlife habitat and water yuality functions of the wetlands by replacing the reed canarygrass with native vegetation similar to that found in neazby wetlands. Fish habitat will be improved by creating a 470' long overflow channel connecting at both ends to Fanno Creek. T'his project will complement another wetland enhancement project and new recreational trail planned by the City of Tigazd on the school site. T'he proposed work is part of a lazger project which includes a new hardware store at Highway 217 and 72°a Avenue. The enhancement project will offset wetland impacts associated with construction of the store. The City of Tigard has already approved the hazdware store development in a separate land use action. The Oregon Division of State Lands and the U.S. Army Corps of Engineers have authorized the wetland impacts at the hardware store site and the enhancement work at Fowler Middle School. The wetland enhancement project will require two land use reviews by the City of Tigard: a Water Resources Overlay District Review and a Sensitive Lands Review. Prior to submitting its application, Lowe's would like to discuss the proposal with surrounding property owners and residents. You are invited to attend a meeting: Thursday, May 11,2 100 7:00—8:00 p.m. Room 44 (near Gymnasium) Fowler Middle School 10865 SW Walnut St Tigard, OR 97223 Please note that this will be an informational meeting to discuss preliminary plans. These plans may be modified prior to submittal of the land use application to the City. If you have any questions,please call Kristina Gifford McKenzie or Heather Coleman at DEA at 223-6663. ; - I \ Np�: wETlANO ENHANCEMENT LECEND APPROXIMATE WETLANO AREA IS DEFINEO Q PROPOSED ENwwCEMENT (Cin oF ncwto) � , PROPOSEO S EAMB NK BY FANNO CREEK ON THE EAST, SUMMER � E�m���y�D TO RE►wN uHpSiURBED � � IIVE STAKING�EACLE' CREEK ON THE SOUTH, AND THE WETLAND I DELINEATION UNE ON 1HE WEST ANO NORTH 0 ORECON ASM FOREST (PROPOSED 2.6J I1CRE5. EACIE) APPROXIMATE � naLLOw FOREST (PROP05ED 0.19 �CRES, EAGLEj � L __ � l0T UNES �.� \�.\ � S�EA�9�K/R�PARVW 11VE STAKiNC � � (aROaosco o.�e �cr�s. F,�c�> � � �• �W .\ � .�.�. ..� ..�. .. d,,.. \ ,�_.A� ` ��� �� �,, � �e. a.�..o /�' /', �r 1KC INYdM I�MPK�ILLO� M I K ��� � �� � O�rp ' • � ,\ COMIi L�CG/Im-01�1 000�000 71f �01L apiw�p � �� � 1O�COM MOl1JOM4/irlQMr �M �k arMIR _ � /� � � \ 4yt,N "" �«sor�u.er�r�nis�.bnc.cw� �w �.ti er,�.o, �� �\..� .T � •/�� �/�` ODG 14IkM111/MOOIM�110i s 1 K ��� � �� � ,�? �� � '� /�/ ' \ oMU as�id/aaua�na rs �a.R me-�ee w I� �.�. �. L �rr u�a�mv�r�/f�-�u.c fmc[ n� �a. �n.��c iw Q - _ - _ � \ PKVPOSED wILL�JI��fOREST��\ �\ w�m..o...iriu...n... �ar „a.. n.a.a.ua � - (CI7Y OF T1CAR ) ��+�*�+�^m�+� � �e... �u�iw "" ��� �..��/ . �� / � '"s�"'° �i�w%i ve�iuw � i yr_r o�. t r�T r�r. J - �- �-=�-�-,--=��.- "'�+. ��� � PROPOSED ORECON ASH�� - == ^��� ��� � ' FOREST (CITY Of TIGARD) �`�"��°�°�`"��"��°"'� � �'^^ -�PROPOSED OREGON ^ __- � ,/� , 1METlANO ENHANCEAIENT TA6UU710N ♦ �ASH FOREST (EAGLE _ �� - ?�^�'� � � Of OVERFLOW CH NNEL. ,9� �r+oxuwte wETUwo utFw za nC�s 4� � � GRADE TO ORAIN. � i _ -- �, � LIVESTAKE BOTH B/�IKS < �� ,\ OREGON /SM k 1YILLOW FOREST COMMUNITIE$ �•d�� k r - - �r^..**��J�^�� I S� O.C. \ �� AREA SUITABI.E �OR ENWWCEMENi 4.0 ACRE$ • I .. �._ r � � �� ^i ~;� ����`���^ ' � I \ \ p PROPOSED ENWWCEYENT (cm oF na�to) 0.9 ACRES �� •� � G^ � ; \ f' PROPOSED Er+wWCEUENT (FI�CLE) 3J �CRES ��' _ - �a 1 � ^; � I � &4ANCE OF WETUNO AREA 0 ACRES �� I �=��1 � ��`� � � I� NOTE• <�`B � � j' \ I i' � \ \ PROPOSED OVERfLOW CHANNEL� Q�+� � �^��^^`y� � � _ � TO HAVE 5� BOTTOM WIDTH, 2:1 H,V,) I - • •• ^ I � ' / Y� SIDE SLOPES, ANO DEPTH VARYI G ' ~ h � f' � I / / W �` FROM 1-2'. CNANNEI. TO BE LINED ( � ,� j � �'y0� 'f I I W \�TM 80NTERRA C2 OR � � / FS APPROVEO EQUIVALENT. I � 1 • � -�•�j � � �f�` � ' I I � _ E � _ � � �\ q � ` W �` , • . • • _'_"_'_ � F \`�� '.�'.1 � � 0 � ' PRLOWSf�EST • � EXISTING ORECON � ' ` , �A E) �ASH fOREST ``\ � -1 -- _ - � � , �, \ • � `� € � _ - -'��� �� - - - -- - \ ,..-.�.-,-_ �_ "� �.. t � _ __ --- - . / � I -� u p ' =� ` —�` PROPOSED SHRUB ENHANC ENT / a I �.—1 _ �-� (arr oF nc�RO) � � � � PRQPOS�O TRAIL `;. � ' YVETLAND DELINEATION (CITY Uh TICARD) � � ,. � I (BY OTHERS) Ex15TINC WIILOW FOREST � � I LOWE'S HOME IMPROVEMENT WAREHOUSE, INC. FOWLER MIDDLE SCHOOL WETLAND MITIGATION SITE Application for: TYPE II WATER RESOURCES OVERLAY REVIEW TYPE III SENSITIVE LANDS REVIEW Sub�nitted to: City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Prepare�l by: David Evans and Associates, Inc. 2828 SW Corbett Avenue Portland, Oregon 97201 Prepared for: Lowe's Home Improvement Warehouse, Inc. 1530 Faraday Avenue, Suite 125 Carlsbad, California 92008 �ILE COPY June 9, 2000 DAVID EVANS AND ASSOCIATES, � SENSITIVE LANDS TYPE II or TYPE III APPLICATION CITY OF TIGARD 13125 SW Hall Blvd.; Tigard, OR 97223(503) 639-4171 FAX.� (503) 684-7297 C�ENERAL INFORMATION PRE-APP. HELD WITH: Julia Hajduk DATE OF PRE-APP.: 4/20/00 Property Address/Location: Fowler Middle School 10865 SW Walnut Street FOR STAFF USE ONLY Tax Map 8�Tax Lot#(s): 1S 1 34 DD 01000, 1S 1 34 DD 00900 Case No.(s): Site Size: 22.4 acres Other Case No.(s): Receipt No.: Property Owner/Deed Holder(s)*: Tiaard Tualatin School Dist. qPp�ication Accepted By: Address: 1313� SW Pacific Hwy. Phone: 684-2235 Date: City: Tigard Zip: 97223 Applicant*: Lowe's Home Improvement Warehouse Date Determined To Be Complete: Add�ess: 1530 Faraday Ave., Ste. 1�hone: �7h�) ca7 R-ni�2 City: �rlsbad, CA ZiP: g2ppg Comp Plan2one Designation: ` When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession CIT Area: with written authorization from the owner or an agent of the owner. Re�.»rzs�sa j:�,���s�e��a.a� The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. L2E(,2UIRED SUBMITTAL ELEMENTS PROPOSAL SUMMARY The owners of record of the subject property request a Sensitive � Application Elements Submitted: Lands Permit to allow(please be specific): Enhancement of 3.1 acres of wetlands along Fanno ❑ APPlication Form ❑ Owner's Signature/Written Authorization Creek at Fowler Middle School. Existinq wetlands will be enhanced by removing reed canarvaras� anc7 � Title Transfer Instrument or Deed re-planting with native species. The enhancement � Site/Plot Plan (#of cdpies based on pre-app check list) �L�eC _ wi 1 1 �1 S[� i n �nl �a �raai-i ng an annrnsri mnf-cl v � Site/Plot Plan (reduced 8'/:"X 11"� o-4�A-foot-long overflow ch nnel that will _o n t- �� at both ends to Fanno Creek and improve flood ❑ ApplicanYs Statement {#of copies based on pre-app check list� storage capacity and fish habitat. � 2 Sets of Pre-Addressed/Pre-Stamped Legal Size Envelopes ❑ Filing Fee (Administrative) $ 745.00 (Hearing's Officer) $1,240.00 1 List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application: Application for a Type II Water Resources Overlay Review. APPLICANTS: To consider an application compiete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed �estrictions that may be attached to or imposed upon the subject pro�ertv • If tl�e application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this � day of `-' v"�` -�9-Z� Owner s Sig ture Owner's Signature Owner's Signature Owner's Signature 2 �cn � TABLE OF CONTENTS ProjectInformation Sheet ........................................................................................................................................... 1 ProjectDescription--�...................................................................................................................................................2 Narrative Addressing Applicable Criteria......................................................��---........................................................4 Water Resources Overlay Review—Type [1...........................................................................................................4 SensitiveLands Permit—Type III......................................................................................................................... 10 Appendix A: US Army Corps of Engineers and Oregon Division of State Lands Permits Appendix B: Documentation of Ownership and Easement Agreement Appendix C: Vegetation Report Appendix D: Pre-Application Conference Notes Appendix E. Public Notification and Meeting Documentation Appendix F: Hydraulic and Soils Report Appendix G: Streambank Conditions Report Appendix H: Wetland Delineation Report(Excerpts) LIST OF EXHIBITS Sheet 1: Cover Sheet Sheet 2: Existing Conditions Sheet 3: Mitigation Site Plan Sheet 4: Mitigation Planting Plan Sheet 5: Grading and Erosion Control Plan Sheet 6: Construction Details Land Use Application i June 9, 2000 Lowe's Home Improvement Warehouse, Inc. �cn � PROJECT INFORMATION SHEET Tax Lots: 1 S 1 34 DD O 1000 (7.71 acres) 1 S 1 34 DD 00900 (14.69 acres) Project Location (street address): Fowler Middle School 10865 SW Walnut Street Tigard, OR 97223 Project Location (location of proposed work): 3.1 acres in thc southwest quadrant of SW Tigard Street and SW Tiedeman Avenue intersection Applicant: Lowe's Home Improvement Warehouse, Inc. 1530 Faraday Avenue, Suite 125 Carlsbad, CA 92008 (760)918-0132 Applicant's Representative: Kristina Gifford McKenzie David Evans and Associates, Inc. 2828 SW Corbett Avenue Portland, OR 97201 (503) 223-6663 Property Owner: Ron Hudson Tigard-Tualatin School District 13137 SW Pacific Highway Tigard, OR 97223 (503)684-2235 Land Use Application 1 June 9,2000 Lowe's Home Improvement Warehouse, Inc. �cn � PROJECT DESCRIPTION The proposed action consists of mitigation work to offset anticipated impacts to wetlands associated with Lowe's Home Improvement Warehouse("Lowe's''), planned for construction at Highway 217 and 72"d Avenue and approved by the City of Tigard(SDR 98-0007). The mitigation site described here represents one of two sites within the Fanno Creek Basin that will compensate for wetland and stream loss caused by the hard��are store development. The other site is located in Greenway Park within the City of Beaverton. The applicant has obtained necessary permits for the wetland and stream impacts and mitigation plan from the US Army Corps of Engineers ("the Corps")(COE#1999-00199)and the Oregon Division of State Lands (DSL) (DSL RF 16790). A copy of the joint permit application and approval is included with this land use application as Appendix A. The proposed wetland and stream mitigation project is a condition of approval of the Corps and DSL permits. The proposed project involves enhancing 3.1 acres of wetlands, creating approximately 580 linear feet of overflow channel, and revegetating along Fanno Creek on the site of the Fowler Middle School. The majority of the project is located on Tax Lot 1 S 1 34 DD O 1000, and a small portion of the work would encroach into 1 S 1 34 DD 00900. Both tax lots are owned by the Tigard-Tualatin School District. Proof of ownership is presented in Appendix B. The proposed enhancement work will occur in the northeast corner of the property near the intersection of SW Tigard Street and SW Tiedeman Avenue. The work will be conducted under an easement a�-eement between Lowe's and the Tigard-Tualatin School District. The School Board voted to approve the easement on June 8, 2000. Final documents have not yet been signed—that should occur by June 23—but tlle Board approved the draft language, which is included in Appendix B of this application. The 3.1-acre mitigation site contains a segment of Fanno Creek and adjacent wetlands with vegetation dominated by reed canarygrass,a non-native, invasive species. The site currently provides flood storage and some water quality benefit,but little habitat diversity or structure. The mitigation project will enhance existing wetlands by removing reed canarygrass and replanting the site with native trees, shrubs, and other herbaceous vegetation. The proposed planting will establish Oregon ash forest, willow shrub, and mixed emergent communities similar to those found in nearby wetland areas. Native tree species, including Red osier dogwood and Pacific willow, will be established along approximately 400 feet of the bank of Fanno Geek to increase shading of the bank,help decrease stream temperatures, increase vegetative structure, and provide bank stabilization. Sheet 4 and Appendix C list the proposed species and the quantity of each to be planted. The project also includes minimal excavation to create an approximately 580-foot-long overflow channel that will connect at both ends to Fanno Creek. Sheet 6 shows the proposed channel section, which will have a 5-foot bottom width and vary from 1 to 2 feet deep. The channel will increase flood storage capacity, improve water quality at the site, and improve habitat for fish and other wildlife. The proposed mitigation project will complement a proposed adjacent wetland enhancement project planned by the City of Tigard, to include planting of Oregon ash and willow forest and shrub enhancement(see Sheet 3). Combined,the two projects undertaken by Lowe's and the City of Tigard �vill enhance over four acres of wetlands at the site. The City of Tigard is also planning to construct a pedestrian trail between SW Tigard Street and SW Tiedeman Avenue and install fitness course signs along the trail. The trail will pass through the wetland mitigation site proposed by Lowe's. Land Use Application 2 June 9,2000 Lowe's Home Improvement Warehouse, Inc. �cn � The applicant wishes to begin construction during the summer of 2000 to facilitate excavation. Planting would occur during the fall of 2000 to promote plant survival. In accordance with Corps and DSL permit requirements, in-water work(i.e., channel excavation must be completed by September 30. Sheet 5 shows the methods that will be used to control potential erosion associated with the channel excavation. The overflow channel will be lined with biodegradable, woven coconut(coir) erosion control fabric. A tree protection fence, sediment fence, and bio-bags for check dams in the channel will also be utilized. A wetland delineation was conducted on the site by Fishman Environmental and accepted by the regulating agencies. The wetland boundary is indicated on Sheets 2 through 6. The 100-year flood boundary was taken from the Fanno Creek FIRM map dated March 1982. The Corps and DSL joint permit requires that the mitigation site be monitored for five years. A Monitoring Plan with a Contingency Plan is set forth in the permit application attached in Appendix A.. Planting densities are based upon 200 trees and 300 shrubs per acre, with an expected mortality rate of 20 percent to meet the required 80 percent survival rate. The total quantity of wetland emergent plants to be installed was also calculated with a 20 percent mortality rate to attain the desired density of emergent species. Three quadrants will be set up for monitoring purposes. Recruited desirable native species will be included in the density and survival rate. Contingency for less than 80 percent survival will be to replant the required number of plants per strata to reach the 80 percent goaL Long term protection of the site by Lowe's and the Tigard-Tualatin School District will be provided in conformance with OAR 1412-85-155(14). Land Use Application 3 June 9, 2000 Lowe's Home Improvement Warehouse, Inc. �cn � NARRATIVE ADDRESSING APPLICABLE CRITERIA The applicant requests a Type II Water Resources Overlay Review and a Type III Sensitive Lands Review. The following narrative demonstrates how the proposed wetland enhancement project complies with the City of Tigard's Community Development Code by meeting tlie approval criteria for those two land use actions. The app(icant's representative attended a pre-application conference with City of Tigard planning staff on April 20, 2000. Materials received at that conference are provided in Appendix D. A neighborhood meeting was held, in accordance with City requirements, at the Fowler Middle School at 7:00 p.m. on May 11, 2000. The meeting attendance sheet and meeting notes are included in Appendix E. The site was posted, and notice of the neighborhood meeting mailed, according with City requirements. Affidavits of posting and of mailing are included in Appendix E. Water Resources Overtay Review — Type II The proposed project complies with the standards of Chapter 18.797 of the Tigard Community Development Code, which specifies the standards and criteria for projects within the Water Resources Overlay District. The proposed wetland enhancement project is subject to the standards of the Water Resources Overlay District because it involves streambank enhancement within 10 feet of the top of bank or edge of wetland. Section 18.797.060(D)of the Tigard Community Development Code requires the preparation of several special studies and reports for proposed projects within the floodplain. These reports are included in this application submittal in the following locations: Hydraulic and soils report: Appendix F Grading Plan: Sheet 5 of 6 Vegetation Report: Appendix C and Sheet 4 Streambank Conditions Report: Appendix G Chapter 18.797 �f'ater Resources Overlay District 18.797.080 Deve[opment Standards The following shall apply to all development, including native vegetation removal and excavation, within the WR overlay district. No application for a use identified iri Section 18.797.050 shall be deerned complete z�ntil the applicant has addressed each of these standards in writing. A. Alternatives considered. Except for stream corridor enhance»ient, most Type II and III uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and III developrnent applications rnust carefislly exami�re upland alter-natives for the proposed use, and explain the reasons why the proposed development cannot reaso�iably occur outside of the water resource or ripm�ian setback area. The proposed project is a stream corridor enhancement project and is, therefore, exempted from an alternatives analysis. B. Mi�rirriize siting iirapacts. 71�e proposed use shafl he designed, located a�id co�tstructed to nrini�nize excavation, loss of native vegetatiorz, erosioir, arrcl adverse hydrvlogical intpacts ort wutei-resources. Land Use Application 4 June 9,2000 Lowe's Home lmprovement Warehouse, Inc. �C- � � The project is designed not only to minimize loss of native vegetation but to increase the amount of native vegetation on the site by replacing reed canarygrass, a non-native, invasive species, with the native species such as Oregon ash, Pacific willow,red-osier dogwood, twinberry, Pacific ninebark,nootka rose, slough and saw-beak sedges,tall manna grass,and small-fruited bulrush, as detailed on Sheet 4 and Appendix C. The project will have a beneficial rather than adverse hydrologic impact on water resources because the proposed overflow channel will provide increased flood storage capacity, as documented in the Hydraulic and Soils Report(Appendix F). Excavation will be limited to the area needed for the overflow channel. Erosion will be minimized by lining the overflow channel with erosion control fabric, and placing temporary sediment barriers and bio-filter bags for check dams. Disturbed areas of the site will be seeded with native seed. 1. For Type II and III uses, the civil engineer with experience in water qualiry rnust certify that any adverse water qualiry impacts of the development proposal will be minimized co��sistent with best mcz�iagenient practices; The proposed wetland enhancement project will not result in any adverse water quality impacts. Rather, the project will enhance the water quality functions of the existing wetlands and stream by providing shade to reduce water temperatures,providing woody plant material to stabilize streambanks and reduce sedimentation, and providing emergent plantings to filter runoff. The Hydraulic and Soils Report(Appendix F),prepared by Richard Attanasio, P.E., a civil engineer with experience in water quality, states that the proposed project will not result in any adverse water quality impacts,but rather will provide water quality benefits. 2. For all uses, the develop�nent shal/be located as far from tlie tivateY resource, arr�l t�se as little of the water resource or riparian setback area, as possible, recog�zizing tlTe operationa!needs of tlze proposed developinent. The proposed project is an enhancement project and must occur within the water resource and riparian setback areas. The above criterion is not applicable to an enhancement project. C. Construction materials and methods. Where development within the riparian area is unavoidable, construction materials or methods used withifz the riparian setback area shall minimize damage to water quality and native vegetatio��. The project will occur within the riparian setback area. The consh-uction materials and methods used will not cause damage to water quality or native vegetation. Rather,the project will promote the growth of native vegetation on the site by removing reed canarygrass and planting native species such as Oregon ash, Pacific willow, red-osier dogwood,twinberry, Pacific ninebark, nootka rose, slough and saw-beak sedges, tall manna grass,and small-fruited bulrush, as shown on Sheet 4 of 6. The project will enhance the water quality functions of the existing wetlands and stream by providing shade to reduce water temperatures,providing woody plant material to stabilize streambanks and reduce sedimentation,and providing emergent plantings to filter runoff. D. Minimize flood damage. Abovegrou�rd residential stra�ctures shall not be permitted withiri the WR overlay district, where such land is also witlzirr tlie 100 year floodplai�z. On-site flood storcrge capaciry sha/l riot decrease as a result of development. The cinnulutrve effects of uny propo.ced development slrall not reduce Land Use Application 5 June 9,2000 Lowe's Home Improvement Warehouse, Inc. �c � � flood storage capucity or�-nise baseJlood elevatiorrs on- or off-site. A�ty new canrnercial or indirstrial la�tci development proposed within tl�e 100-year floodplain sliall be�lesig�red consisterrt with C{rapter 18.775, Sensitive Lands. No above-ground residential structures are planned within the WR overlay district as part of the proposed wetland enhancement project. On-site flood storage capacity will not decrease as a result of the project. According to the Hydraulic and Soils Report(Appendix F), the project will inerease on-site flood storage capacity. E. Avoid steep slopes. Withirz SO feet of any water resource, excavatiorr ar�d vegetation removal shal!be avoided on slopes of 25%or greater and in areas witlz Izigh erosion potential (as shown on SCS maps), except where necessa�y to construct public facilities or to ensure slope stabiliry. No excavation or vegetation removal is proposed on areas with slopes of 25 percent or greater. Slopes on the site range from less than one percent to nine percent. Soils mapped for these sites are Cove silty clay loam with slow runoff and slight erosion potential. The overflow channel will be lined with biodegradable, woven coconut(coir) erosion control fabric to minimize erosion. F. Mininzize impacts on existin�getatio�r. The following stafidards sl7all apply when co��struction activiry is p�'oposecl in areas wlzere vegetation is to be preserved. 1. Temporary measi�res used for initial erosion control shall not be left in place perma�7ently; Temporary erosion control measures such as sediment barriers,bio-bags, and tree protection fence will be removed upon completion of construction and stabilization of disturbed areas. The coir lining of the overflow channel will remain,as removal would disturb wetland vegetation. 2. Work areas on tTte inmaediate site shall be carefi�lly identrfred c�i�d marked to��educe potential damage to trees and vegetation; Enhancement construction areas will be field staked prior to construction,and tree protection fencing will be installed prior to grading. 3. Trees sliall not be used as anchors for stabilizing working equipment. During cleari�ag operations, trees and vegetation shall not be pennitted to fall or be placed outside the work area; Trees will be protected during grading operations by tree protection fencing. Refer to Sheet 5 of 6 for location of tree protection fence. Trees will not be used to anchor equipment. 4. In areas designated for selective cutting or clearin�, care in ralli�lg and rernovi�rg trees and b�-ush shall be taken to avoid injuring trees and sltrubs to be left in place; The project will not involve falling and removing trees. Reed canarygrass is the primary vegetation in the area in which the overflow channel will be constructed. S. Stockpiling of soil, or soil mixed with vegetation, shall rzot be penrritted ou a permanent basis. No permanent stockpiling of soil will occur as part of the proposed project. Excavated soil material will be removed from the site. Land Use Application 6 June 9,2000 Lowe's Home Improvement Warehouse, Inc. �cn � G. Vegetation nzitigation plan. If a Type II or III use is proposed within a water resou��ce site or riparian setback area, or mitigation is proposed as a inethod to reduce the ripurian setback irr accorda�7ce witl: Sectiofr 18.797.100, a mitigatio�r plan shall be prepared and impleme�7ted. The proposed work is considered to constitute a Type II use within the water resource site. (Table 18.797.2 in the Tigard Community Development Code classifies streambank enhancement, including vegetation removal and replacement within 10 feet of the top-of-bank or edge of wetland, as a Type II use.) Ho�vever, the proposed project is an enhancement project and does not require mitigation. 1. The applicant sha[1 be responsible for re-vegetating areas tempararily disturbed by excavation ai a 1:1 basis; There are no areas that will be temporarily disturbed by excavation. The only excavation to be conducted will be for creation of the overflow channel,which is not a temporary disturbance. The banks of the overflow channel will be lined with coir erosion control fabric and planted with livestakes, as shown on Sheets 5 and 6. 2. Whe�•e appr-oval is gra�zted to reduce the riparian setback area, the applica�at shall be responsible for mitigating for the reduced setback by replacing nor7-native vegetation withi�r tlae��emaining.Protected riparian setback a�•ea ar a 1.5:1 basis. That is,for each 100 square feet of�r-iparian setback tlzat is lost to developntent, at least 1 SO square feet of existing clisturbed area withirz the ripariail setback or wetland shall be re planted with native plant species; No riparian areas will be lost to development or reduced. The above criterion is not applicable. 3. The re-vegetation plan shall provide for the replcznting and maintena�7ce of native plant species designed to achieve pre-disturbance conditions. The applicant shall be responsible for replacing any native plmit species that do not survive the first two years after planting, and for ensuring the su�-vival of a�ry replacenzent plants for an additional two years after tl�eir replacement. The proposed project involves removing non-native reed canarygrass and re-planting the site with native species. The area will be monitored for five years and will achieve an 80 percent survival rate, in accordance with the Corps and DSL perrnits. H. Water and sewer infiltration and discharQe. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration offloodwaters into the system, and to avoid discharges froni such facilities to streams and wetlands. No water or sanitary sewer facilities will be located on the site of the proposed wetland enhancement project. The above criterion is not applicable. I. On-site svste�ns. On-site septic systems andprivate wells shall be prohibited witliin the WR overlay district. No on-site septic systems or private wells are proposed as part of this wetland enhancement project. The above criterion is not applicable. J. Erosio�r caitrol plari. If a Type II or III use is proposed witlai�r a water resource site or f•iparinra setback area, tlie_following erosio�i control standards shall apply within the WR overlay districl: Land Use Application 7 June 9, 2000 Lowe's Home Improvement Warehouse, Inc. �cn � 1. Speccfic methods ofsoil erosion and sediment control shall be used duri�7g construction to minimize visible and measi�rable erosion; Soil erosion and sediment control methods will be utilized during construction, as specified on Sheets 5 and 6. The overflow channel will be lined with biodegradable, woven coconut(coir) erosion control fabric. Existing trees will be protected with construction fencing during channel excavation. Along the east edge of the overflow channet,a sediment fence will be installed to prevent sediment from entering the stream. Bio-filter bags will be utilized for check dams in the overflow channel. 2. The lai�d area to be grubbed, stripped, used for temporary placerne�zt of soil, or to otherwise expose soil shall be confned to the imrnediate construction site only; The disturbed area surrounding the construction of the overflow channel will be confined to that area of the site. The disturbed area will be seeded and mulched upon completion of construction activities. 3. Co�zstruction activity will take place during the dry season (June-October), whenever feasible, and t12e duration of exposure of soils shal!be kept to a minimum durirlg construction; Planting will take place between September and November. The work will be conducted consistent with the DSL/Corps joint permit(Appendix A), �vhich requires dry season construction of the overflow channel. 4. Exposed soils shall be covered by nrulch, sheeting, tempora�y seeding or otlrer szritable ntaterial followi�Tg gradi�zg or co�ist�nrction, until soils are stabilized. During the rainy season (Novenzber t/rrouglz May), soils sl7all not be exposed for more tlimi 7 calendar days. All disturbed land a��eas which will remai�r u�iworked for 21 days or ntore during construction, shal[be nuslched and see�ied; All excavation shall be completed in the low-water period (June through September). The only exposed soils will be located in and near the proposed overflow channel. The sides and bottom of the overflow channel shall be lined with coir fabric. The area surrounding the construction of the overflow channel will be seeded and mulched upon completion of construction activities. S. During construction, runofffrom the site shall be controlled, and increased runoff and sediment resulting frorn soil disturbance shall be retained on-site. Tenzporary diversions, sedirnent basins, barriers, check dams, or other methods shall be p�•ovided as necessary to hold sedi�nent and runoff,• Sediment barriers and check dams are planned for control of sediment on-site, as detailed on Sheets 5 and 6. 6. A stabilized pad of gravel shall be constructed at all entrances and exists to tlze construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site; A stabilized pad of gravel will be used for entrance to the construction site. The location of the gravel pad is shown on Sheet 5, and construction detail is shown on Sheet 6. 7. Topsoil removal for developjnent shall be stockpiled and reused on-site to the degree necessary to restore distarrbed areas to their a-iginal or e�llzanced condition, or to assure sufficierrt stable topsoil for re- vegetation. Additiona!soil shall be provided if necessmy to support re-vegetation; Land Use Application 8 June 9,2000 Lowe's Home Improvement Warehouse, Inc. r ��`„I � Reed canarygrass will be mowed, sprayed and removed from the site. No topsoi] will be stripped. Planting details call out the necessary soil amendments to support survival. Soil excavated for the overflow channel will be removed from the site to increase wetland areas and flood storage capacity. 8. The removal of al/sedi�ate�its tivhich are carried into the streets, water resotrj-ces or on to adjacerrt property, are tlie responsibility of die applicant. The applica�Tt shall be responsible for clea�rifrg trp a�td reparring streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or�nud. In no case shall sedi�ne�its be washed irato storin drains, ditches or drainageways; Erosion and sedimentation will be controlled through the methods described under 18.797.080 (J)(1) above and detailed on Sheets 5 and 6. Sediment will be controlled on the site, and is not expected to be carried into streets,water resources, or onto adjacent properties. The applicant, Lowe's, understands that if sedimentation were to affect the aforementioned areas,cleanup and repair would be the responsibility of the applicant. 9. Any other relevant provisions oJtl�e Erosion Preventron and Sediment Control Plarls Technical Guidance Harr�lbook(City of Portla�zd Bureau of E�7viro�imental Services and Unified Sewerage Age�rcy of Washington County, Revised February 1994), required by the Planning Director. The Planning Director has not requested the applicant to address additional provisions of the Erosion Prevention and Sediment Control Plans Technical Guidebook. K Plan inrplementation. A schedule of planrzed erosion cazb-ol and re-vegetatioir measures shaU be provided, which sets forth theprogress of construction activities, arrd mitigating erosion control measures. An approved Erosio�a Control or Re-vegetation Pla�r shall be iinplemented ancl mai�atained as follows: A schedule of planned erosion control and re-vegetation measures is described in the Vegetation Report (Appendix C) and shown on Sheet 4, Mitigation Planting Plan and Sheet 5, Grading and Erosion Control Plan. 1. Erosion control measures shall be installed prior to any stripping or excavation work. Tree protection fence and sediment barriers shall be installed prior to grading. The excavated channel shall then be excavated and lined with erosion control fabric. 2. The applicant shal!implentent tlie measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control rneasures daily, and maintain, adjust, repair or replace erosion control rneasures to e�rsure that they are functioning properly. The Contractor shall inspect and maintain erosion control measures daily unti] the disturbed areas are stabilized. 3. Eroded sediment shall be re�rioved immediately from paver�tent surfaces, off-site areas, and from the surface water-managernertt systenz, including sto�-m drainage in/ets, ditches and culverts. The Contractor shall be responsible for cleanup of any sediment leaving the grading area. Land Use Application 9 June 9,2000 Lowe's Home improvement Warehouse, Inc. �cn � 4. Wate��containing sedime�zt shall not be flushed into the satrface water management system, wetlafads or streams without frrst passi�ag through arr approved sedijizent filtering facility or-device. Bio-bag check dams shall be placed as shown on the finished erosion control surface of the overflow channel. S. Li addition, tlie applicant s11a11 call fa•City inspection,prior to tlze founclatior7 inspection for a�ry buildi�zg, to certi fy that erosio�r contro!measures are installed in accor�lance with the erosio�7 co�rtrol plmi. The project is an enhancement project; no buildings or foundations are proposed. This criterion is not applicable. L. Type III co�zditional uses. The nrocedural and substantive provisions of Chapter 18.330, Conditio�aal Uses, in ad�lition to Section 18.797.080 L1-2 below and 18.797.080A-K above, slia!!apply to determine tivl�etlaer a Type III use Irsted below may be approi�ed. The applicant for conditional use approval shall.• 1. Demonstrate tlzat there will not be a�ry net loss in tlre values of the resource area; a�zd 2. Submit u detailed mitigatiofi plan to show that any loss of riparian values tivill be fully compe�TSated through tlte enhancement progrant. The proposed wetland enhancement project is a permitted use. The proposed activities—removal of non- native vegetation and replacement with native plant species,and in-stream and streambank enhancement within ]0 feet of the top of bank or edge of wetland—are classified as Type I and II permitted uses, respectively, according to Table 18.797.2 of the Tigard Community Development Code. The above requirement is not applicable to the project. Sensitive Lands Permit— Type III A Type III Sensitive Lands Permit is needed because the proposed wetland mitigation project will involve soil alteration within the floodway of Fanno Creek. The proposed project complies with the standards of Chapter 18J75 of the Tigard Community Development Code, which specifies the standards and criteria for projects on sensitive lands. Sensitive lands include the 100-year floodplain, drainageways, and wetland areas. 18.775.070 Sei:sitive Lai:d Permits A. Permits required. An applica�zt wlio wishes to develop witl�in a sensitive area, as defined irr Chapter 18.775, must obtain a permit in certain situations. Depending on the nature and intensity of the proposed activity within a sensitive area, either a Type II or Type III permit is reqa�ired, as delineated in Section 18.775.015 D and E. The approval criteria for various kinds of sensitive areas, e.g.,floodplain, are presented in Subsections B-E below. B. Witlrin the 100-vearfloodplai�i. The Hearings Officer slrall approve, approve witli conditions or deny an applicatio�i request withiii t{re 100-year floodplain based upon findings that all of the following criteria have been satisfie�l: Land Use Application 10 June 9,2000 Lowe's Home Improvement Warehouse, Inc. �cn � 1. Land.fornz alterations shall preserve or enhance the floodplain storage function and maintenan�ce of tlae zero foot rise floo�lway shal!�rot result irr a�ry encroachmefzts, includingfill, �zew consb-�sction, substantial improveme�tts afi�l other developntent u�7less certified by a registered professional e�zgirzeer Ilrat the encroaclzr�zent will not result in arry increase i�i flood levels duritzg the base flood discharge; The landform alterations propose no fill, only excavation/removal of material for creation of an overflow channel. The overflow channel will not increase, and may decrease flood levels during the base flood discharge, as certified by a registered engineer in the Hydraulic and Soils Report (Appendix F). 2. Lan�l forrn alteratin�TS or developnie�zts wit/Tin the 100 year floodplain shall be allowed only in areas designated as con�mercial a�industrial on the comprehensive plan land use map, except that alteratiorrs or developmerrts associated with comrnunity recreation uses, utilities, or public szrpport facilities as defined in Chapter 18.120 of the Comnzu�ziry Development Code shall be allowed in areas designated resideratial subject lo applicable zoni�zg standards; The proposed wetland mitigation project is not a development project. The only alterations proposed within the floodplain are soil excavation for creation of the overflow channel and connection of the overflow channel to Fanno Creek. The site is zoned residential (R-4.5) with an open space overlay designation. The site is currently used as public open space and will continue to be used as public open space when the proposed wetland enhancement project is implemented. The site consists of a natural area adjacent to and including a portion of a proposed public recreational trail in the City of Tigard. The use of the site is similar to those uses listed above— particularly"community recreation uses"—which are allowed in areas with residential zoning, 3. WlTere a land fornt alteratiaz oi-developme�it is permitted to occur withi�a the floodplain it will not result in a�ry increase in tlie water su�face elevation of the 1 DO year flood; The land form alteration proposed is excavation of an approximately 580-foot-long overflow channel connecting at both ends to Fanno Creek(See Sheet 3). This work will not result in net fill within the floodplain,but will rather result in net removal. It will not result in an increase in the water surface elevation of the 100-year flood and may result in a decrease, as certified in the Hydraulic and Soils Report, Appendix F. 4. The land form alteration or development plan includes a pedestrian/bicycle pat/tway i�t accordartce witlt the adopted pedestrian/bicycle pathway plan, unless the construction ojsaid pathway is deemed by the Hearings Officer as untimely; The City of Tigard is in the process of developing a pedestrian pathway between Tigard Street and Tiedeman Avenue across the Fowler Middle School site. The pathway will cross the wetland mitigation site proposed by Lowe's. The location of the pathway is indicated on Sheets 3 through 5 for reference purposes. However, the trail is not a part of the land use action proposed in this application. A Tigard Area Ped/Bike Path Map from 1983 shows a pathway across the Fowler Middle School site between Tigard Street and Tiedeman Avenue. However, the City of Tigard should address how the proposed trail conforms to an adopted pedestrian/bicycle plan at the time that an application is submitted for the trail construction. Land Use Application 11 June 9,2000 Lowe's Home Improvement Warehouse, Inc. �cn � 5. The plans for tl�e pedestrian/bicycle patlaway indicate tfiat no pathway will be below the elevation of an average annual flood; See response to 18.775.070(B)(4)above. The City of Tigard should address conformance with this criterion at the time that an application is submitted for development of the trail. 6. Tlre necessary U.S. Arnry Corps oJE�rgineers and State of Oregon Land Board, Divrsion of State Lands approvals sltall be obtai�red; and Permits were obtained from both the Corps(#99-199)and Oregon Division of State Lands (DSL)(RF- 16790) for both the wetland impacts to occur at the Lowe's Home Improvement Warehouse store site and the compensatory wetland enhancement work to be carried out at the Fowler Middle School site. The joint application and approvals are included as Appendix A. 7. Where landforrn alteratio�rs and/or development are allowed within and adjacent to dre 100 year floodplain, the Ciry shall require the consideration of dedication of sufficient ope�i land area witl�i�i and adjacerrt to the floodplai�i in accordance with the cornprehensive plan. 77zis area shall i�acltrde portions of a suitable elevation for tlte construction of a pedestriarr/bicycle pathway within tlae floodplain in accordance witlz !he adopted pedestrian/bicycle patliway plan. The site of the proposed wetland enhancement project currently consists and will continue to consist of open land area.The site is owned by the Tigard-Tualatin School District and is open to public access. Since the site is already dedicated to public use, no further dedication of land within the floodplain is possible. The City of"Tigard is planning to construct a pedestrian pathway between Tiedeman Avenue and Tigard Street across the Fowler Middle School site that will cross the wetland mitigation site proposed by Lowe's(See Sheets 3 through 5). C. Witl�in df-ainagex�avs. The appropriate approval authority sliall approve, appr•ove with co�zc�itions or deny a�t application request for a sensitive lands permit within drainageways based upo�r fin.dings that all of the following criteria have beerr satisfied: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to tlre extent greater than that required for the use; Landform alteration within the floodway will consist of connecting both ends of the overflow channel to Fanno Creek,and thereby altering the banks of Fanno Creek at the locations where the overflow channel connects to it. The purpose of the overflow channel is to enhance fish habitat in the Fanno Creek watershed. The overflow channel will additionally provide habitat for amphibians and provide flood storage. It is necessary to connect the channel to Fanno Creek in order to provide fish habitat without creating a fish "trap"as the higher flows recede. The disturbance to the banks of Fanno Creek is the minimum necessary to accommodate the proposed use. 2. The proposed land forrri alteration or development will not result in erosion, stream sedinrefrtation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; The landform alteration will not result in erosion, sedimentation, ground instability, or other adverse on-or off-site effects. 1�he channel will be stabilized with coconut erosion control fabric and live staking with Land Use Application 12 June 9,2000 Lowe's Home Improvement Warehouse, Inc. � �cn � woody species. In addition to the channel work, live staking proposed along Fanno Creek will increase streambank stability in the areas receiving the live stakes. 3. The water flow capacity of the draif�ageway is rrot decreased; The proposed work will not decrease the water flow capacity of the drainageway. The project does not involve any obstruction or filling of the drainageway. As described in the Hydraulic and Soils Report (Appendix F),the water flow capacity of the drainageway will be increased rather than decreased by the creation of the overflow channel. 4. Wl�ere natural vegetatiorz l�as been renioved due to lancl fornt alteratio�z or develop»1er1t, the areas not covered by structures or irnpervious surfaces will be repla�7ted to prevent erosion in accordance with Chapter 18.745, Landscapi��g a�ad Screening; Natural vegetation will not be removed due to land form alteration or development. The above criterion is not applicable to the proposed project. S. The drainageway will be replaced by a public facility of adequate size to accomr�iodate mazimuni flow in accorda�lce with the actopted 1981 Master Drai�7age Plm�; The drainageway will continue to function and will not require replacement. The above cnterion is not applicable. 6. The�aecessa�y U.S. Arnay Corps of Enginee�-s and State of Orego�z Larrd Board, Division of State Lands approvals shall be obtained; Permits were obtained from both the Corps(#99-199)and DSL(RF-16790) for both the tivetland impacts to occur at the Lowe's Home Improvement Warel�ouse store site and the compensatory wetland enhancement work proposed at the Fowler Middle School site. The applications and approvals are included as Appendix A. 7. Where landrorm alterations and/or development are allowed within and adjacerrt to the 100 year floodplain, the City shall require the consideration of dedication ofsufficient operz land area within arid adjacent to the floodplain in accordance with die Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accorda�ace witl� the adopted pedestrian bicycle pathway plan. The above criterion is not applicable, as described under 18.775.070(B)(7) above. Land Use Application 13 June 9,2000 Lowe's Home]mprovement Warehouse, Inc. �cn � APPENDIX A US ARMY CORPS OF ENGINEERS AND OREGON DIVISION OF STATE LANDS PERMITS Land Use Application June 9, 2000 Lowe's Home Improvement Warehouse, [nc. VL/ UO/ UV 1L•UV V JVV VV V VV V I VL<l• ��4 � � � � � � ''� � Department of En�'ironmental Quality - ���� re on 811 SW Sixth Avenue Portland,OR 97204-1390 fohn A.Kitzhab�:�,M.D..Govemo� (503)229-5696 TDD (503)229-6993 �ebruary 7,2000 Mary Headley LJ.S. Army Corps of Engineers ATTN: CENWP-CO-CrP P.O.Box 2946 Portland, OR 97208-2946 Re: Amendment to USACE Permit, Action ID# 1999-00199, issued to Eagle Hardware and Garden,Inc_ Dear Ms.Headley� Tk�e Depariment of Environmental Quality(DEQ),in order to be consistent with pez-mit conditions contained in the Division of Statc Lands pernzit RF-16790 issued to Eagle I�ardWare and Garden,annends condition 1, a)having to do with work titning. The amended condition shall read: � 1. Fish protection/OD�'VV timiug : a) All in-water work shall occur within the Oregon Department of Fish and Wildlife's(Ob�'�prefecred time windaw, as specified in: Oregon Guidefines for Timing of�n-Water Work to Protect Fish and Wildlife Resources, or as outlined in Division of State Lands permit RF-]6790. All other conditions in the Water Quality Certifteation issued on January 31, 2000, are unchar�ged. etel � � f� � . � ichael'T'. L welyn Administrator Water Quality Di,vision T:TM-Certhead.99-199.amend. cc: Applicant(s) Bill Patks,DSL Jim Grimes,ODk'W D6Qa � '`�, DEPARTMENT OFTHE ARMY �,����`� �, PORTLAND DISTRICT,CORPS OF ENGINEERS '� P.O. BOX 2946 � PORTLAND, OREGON 97208-2946 .\�,�I � Reply to February 5, 20�0 �� Attention Of. Operations Division Regulatory Branch 199900199 Lowe's HIW, Inc. Attn: Stephen Gale 1530 Faraday Avenue, Suite 125 Carlsbad, California 92008 Dear Mr. Gale: The US Army Corps of Engineers(Corps)evaluated your request(Enclosure 1)for Department of the Army authorization under Section 404 of the Clean Water Act for work in waters of the US associated with a proposed development project located in Section 1, Township 2 South, Range 1 West, in Washington County, Tigard, Oregon. It is the Corps' understanding your proposed project involves diverting approximately 500 lineal feet of a first order, unnamed tributary of Red Rock Creek into a culvert,and filling approximately 0.81 acre of associated palustrine emergendash forested wetland. Your proposal involves discharge of approximately 13,000 cubic yards of material into the wetland. To mitigate loss of 0.81 acre of palustrine emergenUash forested wetland you propose to enhance 3.1 acres of wetland at the Phil Lewis Elementary School site,along Fanno Creek in Tigard, Oregon. This involves removal of reed canarygrass, and establishment of native vegetation. To mitigate loss of stream channel at the development site you propose creation of oxbows and depressions, or an overflow channel, which will increase stream channel length at the Fanno Creek site. Proposed work at this site involves a de minimis amount of discharge associated excavation. This letter verifies that your proposed activities as presented in your application are authorized under the terms and limitations of Nationwide Permit Number 26, as described in Enclosure 2. Your activities must be conducted in accordance with the conditions presented in Enclosures 3 and 4, and the following Special Condition: � Compensatory mitigation described in the permit application attachment, entitled Mitigatiorz Plan(Enclosure I) must be completed prior to,concurrently with, or within one year of culverting the unnamed tributary or discharging f►Il material into the wetland at development site. Failure to comply with any of the listed conditions could result in enforcement actions. This verification is valid until February 11, 2002. If you commence or are under contract to commence this activity before the date the Nationwide Permit expires, you will have twelve months from the expiration date to complete the activity under the present terms and conditions of the current Nationwide Permit. If you have any questions please contact Mary J. Headley at the address provided in the letterhead, or telephone(503) 808-4392. Sincerely, i / / % i La ence . Evans ief, Regulatory Branch r Copy Furnished: David Evans and Associates(Siegfried) Oregon Division of State Lands(Parks- DSL NO: RF-16790) Oregon Department of Environmental Quality(Meiville) CO-GP(Black) . • DEPARTMENT OF THE ARMY PORTLAND DISTRICT,COHPS OF ENGINEERS � P.O. BOX 2946 � PORTLAND,OREGON 97208-2946 Reply to Attentio�of: FebcU�4,2��� Operations Division � Regulatory Branch O O a�_O�a92 p � Lowe's HIW,Inc. Attn: Stephen Gale 1530 Faraday Avenue, Suite 125 Carlsbad,California 92008 Dear Mr.Gale: ' The US Army Corps of Engineers(Corps)evaluated your request(Enclosure 1)for Department of the Army authorization under Section 404 of the Clean Water Act to improve habitat in ponds and a small tributary of Fanno Creek, in Greenway Park,Washington County,Tigard, Oregon. Your proposed project includes removing existing culverts and replacing with footbridges, creating and restoring open stream channel, and revegetating bankiines of several ponds. Work regulated by the Corps includes . discharge of less than 25 cubic yards of material into water of the US for bridge footings, and pertnanently plugging the upstream end of tlie western-most culvert. This letter verifies that your proposed activities as presented in your application are authorized under the terms and limitations of Nationwide Permit Number 18,as described in Enclosure 2. Your activities must be conducted in accordance with the conditions presented in Enclosures 3 and 4. Failure to comply with any of the listed conditions may result in enforcement actions. This verification is valid until February 11,2002. If you commence or are under contract to commence this activity before the date the nationwide permit expires,you will have twelve months from the expiration date to complete the activity under the present terms and conditions of the current nationwide permit. If you have any questions please contact Mary J Headley at the address provided in the letterhead or telephone(503) 808-4392. Sincerely, Lawrence C. Evans Chief, Regulatory Branch Copy Furnished: Oregon Division of State Lands(Pazks- DSL NO: RF-16790) Oregon Department of Environmental Quality(Melville) CO-GP(Black) NATIONWIDE PERMIT Nationwide Permit 18 authorizes minor discharges of dredged or fill material into a(I waters of the United States provided: • a. The discharge does not exceed 25 cubic yards; � b. The discharge will not cause the loss of more than 1/10 acre of a special aquatic site, including wetlands. For the purposes of this nationwide pecmit,the acreage limitation includes the filled area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no longer be a water of the United States as a result of the project; c. If the discharge exceeds 10 cubic yards or the discharge is in a special aquatic�site, including wetlands,the permittee notifies the District Engineer in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands,the notification must also include a delineation of affected special aquatic sites, including wetlands; d. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project and is not placed for the purpose of stream diversion. r QUALIFICATIONS CONDITIONS Case No: 00-00092 The Corps of Engineers has determined,based on available information,that the proposed work is in conformance with the enclosed terms and conditions of the authorizing Nationwide Permit(Enclosure 2)and with the following listed"Qualification Conditions". However,the permittee is responsible for verifying that his activities are and continue to be in conformance with these terms and conditions throughout the execution of the authorization. 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained to ensure public safety. 3. Aquatic Life Movements. No activity may change stream gradients or substantially disrupt the movement of aquatic life indigenous to the waterbody,including those species which normally migrate through the area,unless the activity's primary purpose is to impound water. 4. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a"study river"for possible inclusion in the system,while the river is in an official study status;unless the appropriate Federal agency,with direct management responsibility for such river,has determined in writing that the proposed activity will not adversely effect the Wild and Scenic River designation,or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area(e.g.,National Park Service,U.S. Forest Service,Bureau of Land Management, U.S. Fish and Wildlife Service.) 5. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,but not limited to, reserved water rights and treaty fishing and hunting rights. 6. Federal Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation,as identified under the Federal Endangered Species Act,or which is likely to destroy or adversely modify the critical habitat of such species. Note: Authorization of an activity by a nationwide permit does not authorize the take of a threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g.,an ESA Section 10 Permit,a Biological Opinion with incidental take provisions,etc.)from the U.S.Fish and Wildlife Service or the National Marine Fisheries Service,both lethal and non-lethal takes of protected species aze in violation of the Endangered Species Act. 7. State Endangered Species.No activity is authorized under any NWP which is likely to have adverse impacts to species listed by the State of Oregon as threatened,endangered or sensitive,unless approved by the appropriate state agency. 8. Historic Properties. No activity which may affect historic properties listed,or eligible for listing, in the National Register of Historic Places is authorized unless,until the DE has complied with the provisions of 33 CFR Part 325,Appendix C. 9. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent banks. 10. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production,unless the discharge is directly related to a shellfish harvesting activity authorized by NWP 4. 11. Mitigation. All feasible and prudent alternatives to avoid and minimize impacts to waters of the United States shall be considered. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site.(i.e.,on-site),unless the District Engineer approves a compensation plan that the District Engineer determines is more beneficial to the environment than on-site minimization or avoidance measures. Compensatory wetland mitigation,where practical,shall be required in accordance with Oregon guidelines for compensatory wetland mitigation. 12. Spawning Areas. Dischazges in spawning.azeas during spawning seasons must be avoided to the maximum extent practicable. _ 13. Obstruction of High Flows. To the maximum extent practicable,discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water(unless the primary purpose of the fill is to impound waters). 14. Adverse Effects From Impoundmen� If the discharge creates an impoundment of water,adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. 15. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the ma�cimum extent practicable. 16. Removal o[Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas retumed to their preexisting elevation. 17. Local Land Use Planning. Proposed work must be consistent with local comprehensive plans and implementing ordinances. 18. Compensatory Mitigation Sites. Proposed work which would adversely impact previously required Federal or state compensatory mitigation or restoration efforts can not be authorized by a Nationwide Permit. 19. Territorial Seas. Proposed work occurring within Oregon's Territorial Sea(Base Line to 3 nautical miles offshore)is not authorized until individual coastal zone certification from DLCD is obtained. 20. Fish Passage. The placement of culverts,diversion structures,or changes to the channel morphology must be designed to be consistent with passage standards developed by ODFW and NMFS,titled"ODFW Standards and Criteria for Stream Road Crossings". 21. Fish Habitat Enhancement. Bioengineering designs(conducive to fish usage),shall be preferred and utilized wherever appropriate. Fish habitat enhancement measures(willow sprigs in rock applications,fish resting areas, vegetative stabilization,etc.)shall also be incorporated into non bioengineering designs to the extent practicable as mitigation measures. IMPLEMENTATION CONDITIONS Case No: 00-00092 The following conditions specifically address requirements which must be met during the permittee's implementation of the authorized work. 1. Work Period. All in-water work shall occur between July 1 and September 30. 2. Agency Access. Permittee must provide access to the work site to representatives of the Corps of Engineers, DEQ, and ODFW during all hours of construction or operation. 3. Equipmen� Heavy equipment shall not be operated in the active flowing waterway unless specifically authorized. Use of heavy equipment in waters may be authorized if necessary in the interest of safety or due to site conditions prohibiting certain work from the bank. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance 4. Erosion and Siltation Controls. Appropriate erosion and siltation controls(such as hydroseeding,filter bags, organic or fabric soil detention systems,leave strips,berms,etc.)must be used and maintained in effective operating condition during construction to protect all exposed soil,stock piles and fills from erosion. These features,as well as any work below the ordinary high water mark or high tide line,must also be permanently stabilized at the earliest practicable date. Materials shall not be placed on unstable slopes,and stockpiles shall not exceed 25 feet in height. 5. Disturbed Area Protection. Construction access roads and associated staging areas shall be protected with a gravel blanket or other suitable material to protect against erosion of sediments into waterways and wetlands. 6. Dredged Material Disposal: Dredged or excavated material shall not be placed in and shall be prevented from eroding back into waterways and wetlands,unless specifically authorized. 7. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material(e.g.,trash, debris,car bodies,asphalt,etc.,)and must be free from toxic pollutants in toxic amounts. 8. Pollutants. Petroleum products,chemicals,fresh cement,construction,or deleterious waste materials shall not be allowed to enter waters or wetlands. Special attention shall be given to preventing sandblasted material and chipped paint from entering the water. Machinery refueling is to occur off site or in a confined,designated area to prevent spillage into waterways and wetlands. 9. Vegetation. Vegetation,not designated for removal or modification in the authorization,shall be protected from disturbance to the maximum extent possible and restored with native plant species when damaged or disturbed. The standard for success is 80 percent cover with native plant species that replace the habitat type lost or damaged. 10. Wetlands. Wetlands adjacent to work areas shall be clearly flagged,or otherwise appropriately identified,to prevent damage or loss of that resource. Damaged areas shall be restored to pre-work conditions. 11. Endangered Species. If at any time during the conduct of the work authorized,the permittee becomes aware that a Federally listed threatened or endangered species or a species proposed for such designation(as identified under the Federal Endangered Species Act)or the habitat of such species may be affected,the permittee must immediately cease activities,notify the Corps of Engineers and not re-initiate activities until approved by the Corps of Engineers. 12. Cultural Resources& Burials. If at any time during the conduct of the work authorized,the permittee becomes aware that human bwials,cultural resources or historic properties(as identified under Federal historic preservation laws)be affected,the permittee must immediately cease activities,notify the Corps of Engineers and not re-initiate activities until approved by the Corps of Engineers. 13. Turbidity Testing. Turbidity shall be monitored frequently while conducting in-water work. Monitoring points shall be at locations 100 feet upstream(background)and 100 feet downstream. Measurements shall be accomplished with either a turbidimeter or visually and turbidity shall not exceed either 10°/a above background or be visible(if ineasuring visibly)at the downstream station. These limits can be exceeded for a maximum of two hours in a 24-hour period provided all practicable erosion control measures have been implemented. 14. Turbidity Reporting.The permittee shall conduct turbidity monitoring as required in the"Turbidity"condition . stated above and mail the results to the Depaitrnent of Environmental Quality,Executive Building,811 SW.6u Avenue,Portland,OR 97204,at the end of each week of operation. [This Condition is only applicable to work in WQL waters only]. 15. Sediment Testing. The permittee shall coordinate with the Oregon Department of Environmental Quality,to establish a acceptable testing plan,testing protocol and reporting requirements;execute the testing plan;submit the necessary reports and obtain ODEQ approval prior to proceeding with the proposed work. (This condition is only applicable to work in WQL which have limits on toxic substances,metals or organic chemicals]. 16. Compliance Certilication. The permittee shall,upon completion of the permitted work or activity,fill out the enclosed Compliance and submit it to this office at the address above.If the permitted work or activity is not carried out by the expiration date of this permit,the permittee shall note this fact on the Compliance Certification and submit it as above. F .� i'� Y^ O� Division of State Lands ��i .�.n�N::`�:C � 775 Summer Street NE Salem,OR 97301-1279 '••'9• John A.Kitzhaber,M.D.,Govemor (503)378-3805 FAX(503)378-4844 TTY(503)378-4615 January 20, 2000 State Land Board John A.Kitzhaber �a Governor Mr. Stephen Gale Bill Bradbury Lowe'S HIW, II1C. Secretary of State 1530 Faraday Avenue, Suite 125 Iim Hill Carlsbad, CA 92008 State Treasurer Re: DSL application no. RF 16790 Dear Mr. Gale: We have completed our review of the above reference application for a permit to fill and remove material in waters of the state to construct a commercial retail hardware store and have enclosed Oregon Removal-Fill Permit number RF-16790 for that purpose. We granted your request to commence work under the permit on May 1 under the provision that water quality monitoring occur as specified in Special Condition 6. This is two months earlier than recommended by the Oregon Department of Fish and Wildlife in their Guidelines for Timing of In Water Work and as reiterated in their comments. The reasons for allowing the variance are that the directly affected stream is non fish bearing, Lowe's has had an erosion control specialist from David Evans and Associates develop a sediment containment plan to keep sediments from moving offsite and we have conditioned the permit such that we can halt operations in the event turbidity becomes a problem. If the stream did contain fish, particularly any species listed as threatened or endangered, we would not have granted the extension. Please note that Special Condition 7(d) of the permit specifies that, in addition to other mitigation measures, Lowe's needs to make a payment of$52,155 to the Division of State Lands Mitigation Bank Revolving Fund Account. I would like to explain the reason for that payment. You will recall from our September 23, 1999, that we agreed to work with your consultants to see if there were opportunities to replace the 500 foot section of open stream feature that will be lost at the development site. That effort was successful in locating 195 feet of channel "daylighting"that could occur at Greenway Park by removing culverts from three stream sections. For replacing the remaining 395 feet we had agreed at the meeting that we would allow use of the "payment-to-provide" option. Using figures we have obtained from Unified Sewerage Agency, where daylighting of a similar size stream occurred, we derived a per linear foot cost of$177 to cover stream channel construction, erosion control measures, landscaping and plant maintenance. We would be glad to provide their cost sheet if you wish. If the permit is acceptable, please provide us a written withdrawal of the request for contested case hearing; alternatively, if you wish to continue with the appeal process, let me know as soon as possible. Thanks for your cooperation and, if you have questions r'�� about any of the permit conditions, please call either Bill Parks at (503) 378-3805 ext. 234 or me at ext. 244. Sincerely, ��— � °`��-- �Earle A. John on Western Region Manager C: Judy Linton, Corps of Engineers Tom Melville, Dept. of Environmental Quality Jim Grimes, Dept. of Fish and Wildlife Frank Flynn Dana Siegfried USalemllFo\Counties\WashingtonlRF-16790 Eagle cover.doc D',vision of State Lands Permit No. RF-16790 7i5 Suinmer Street NE Permit Type: RemovaUFill Salem, OR 97301-1279 Waterway: Wetland/Red Rock Creek ti'i 503-378-3805 County: Washington Expiration Date: January 20, 2001 Corps No.: 99-103 LOWE'S H I W IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM THE OPERATIONS DESCRIBED IN THE ATTACHED COPY OF THE APPLICATION, SUBJECT TO THE SPECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING GENERAL CONDITIONS: 1. This permit does not authorize trespass on the lands of others. The permit holder shall obtain all necessary access permits or rights-of-way before entering lands owned by another. 2. This permit does not authorize any work that is not in compliance with local zoning or other local, state, or federal regulation pertaining to the operations authorized by this permit. The permit holder is responsible for obtaining the necessary approvals and permits before proceeding under this permit. 3. All work done under this permit must comply with Oregon Administrative Rules, Chapter 340; Standards of Quality for Public Waters of Oregon. Specific water quality provisions for this project are set forth on Attachment A. 4. Violations of the terms and conditions of this permit are subject to administrative and/or legal action which may result in revocation of the permit or damages. The permit holder is responsible for the activities of all contractors or other operators involved in work done at the site or under this permit. 5. A copy of the permit shall be available at the work site whenever operations authorized by the permit are being conducted. 6. Employees of the Division of State Lands and all duly authorized representatives of the Director shall be permitted access to the project area at all reasonable times for the purpose of inspecting work performed under this permit. 7. Any permit holder who objects to the conditions of this permit may request a hearing from the Director, in writing, within 10 days of the date this permit was issued. 8. In issuing this permit, the Division of State Lands makes no representation regarding the quality or adequacy of the permitted project design, materials, construction, or maintenance, except to approve the project's design and materials, as set forth in the permit application, as satisfying the resource protection, scenic, safety,recreation, and public access requirements of ORS Chapters 196, 390 and related administrative rules. 9. Permittee shall defend and hold harmless the State of Oregon, and its officers, agents, and employees from any claim, suit, or action for property damage or personal injury or death arising out of the design, material, construction, or maintenance of the permitted improvements. NOTICE: If removal is from state-owned submerged and submersible land, the applicant must comply with leasing and royalty provisions of ORS 274.530. If the project involves creation of new lands by filling on state- owned submerged or submersible lands, you must comply with ORS 274.905 - 274.940. This permit does not relieve the permittee of an obligation to secure appropriate leases from the Division of State Lands, to conduct activities on state-owned submerged or submersible lands. Failure to comply with these requirements may result in civil or criminal liability. For more information about these requirements, please contact the Division of State Lands, 378-3805. Earle A. Johnson, Manager , Western Region Field Operations � Oregon Division of State Lands , � January 20, 2000 Authorized Sig�ature Date Issued � Salemt�F0lForms�Author'vition�Pumic Face.doc . ATTACHMENT A Special Conditions for Material Removal/Fill Permit No. 16790 1. This permit authorizes the placement of up to 13,000 cubic yards of fill material and the removal of up to 700 cubic yards of material in Section 1, T2S, R1W (Red Rock Creek trib. & Wetlands) for construction of a commercial retail hardware store as outlined in the attached permit application, map and drawings. This permit also authorizes the removal of material necessary for replacement wetland/stream habitats as specified in special condition 7 below. 2. Turbidity shall not exceed 10% above natural stream turbidities as a result of the project. The turbidity standard may be exceeded for a limited duration, (per OAR 340-41) provided all practicable erosion control measures have been implemented as applicable, including, but not limited to: -use of filter bags, sediment fences, silt curtains, leave strips or berms, or other measures sufficient to prevent offsite movement of soil; -use of an impervious material to cover stockpiles when unattended or during a rain event; -graveled construction accesses to prevent movement of material offsite via construction vehicles; -sediment traps or catch basins to settle out solids prior to water entering ditches or waterways; and Erosion control measures shall be maintained as necessary to ensure their continued effectiveness, until soils become stabilized. If the turbidity standard is not met as a result of the Lowe's operation, immediate corrective action shall be taken. If the cause of the turbidity cannot be corrected within 2 hours, construction activities that might contribute to turbid conditions shall cease until authorization to proceed is granted by the Division of State Lands or the Department of Environmental Quality, while all efforts at the construction site are focused on getting the turbidity under control. The permittee is strongly encouraged to photo-document turbidity conditions, including other potential sources in the area. 3. Petroleum products, chemicals, or other deleterious materials shall not be allowed to enter the water. -Page 1- Attachment A RF-l 6790 Page 2 of 4 4. Waste materials and spoils shall be placed at an approved upland disposal site and not in any unauthorized wetland areas. 5. Operation of equipment in the active flowing stream shall only occur between May 1 and September 30. The normally allowed in-water work period is July 1 through September 30. We are granting the two months early start based upon the specially developed Erosion Control BMP Measures, erosion control plan drawings and monitoring methods which are attached to and made a part of this permit. 6. After construction begins, turbidity shall be monitored at least weekly, and every day whenever there has been measurable rainfall in the previous 24 hours, during the period May 1 through June 30. Turbidity observations shall be taken at a reference point approximately 100 feet upstream of the confluence of Red Rock Creek and the unnamed tributary. Turbidity observations shall be recorded, maintained on site, and sent to DSL and DEQ on a weekly basis during the stream monitoring period. MITIGATION CONDITIONS 7. The following conditions apply to the Fanno Creek and Greenway Park enhancement and replacement wetland/stream sites as described in the application and Mitigation Plan (revised) and as depicted on Sheets 4 through 6. a) The wetland/stream restoration shall be constructed prior to or concurrently with the construction project. b) The wetland/stream habitats shall be constructed as outlined in the Mitigation Plan and as depicted in Sheets 4 through 6 of 6. The excavated backwater area at the Greenway Park site shall be enlarged to 50 feet wide with banks sloped at 4:1 and vegetated with trees and shrubs. In addition, a weir structure shall be constructed downstream of the culvert at the excavation site to allow a backwater for fish access through the culvert (as depicted on modified Sheet 6 of 6). The weir structure shall be designed and constructed such that the drop does not exceed 6" in height. c) The stream/wetland communities shall be seeded or planted with native grass and/or legumes, shrubs and trees. Trees and shrubs shall be of the species and numbers indicated on Sheet 4 of 6 and modified Sheet 6 of 6 of the permit. Following planting of the area, the vegetation shall be allowed to establish a natural character with minimal maintenance. The criteria for success shall be an eighty percent survival rate of Aitachment A RF-16790 Page 3 of 4 desirable planted or recruited species at the end of each year for a period of five years. Trees shall be protected with heavy gauge wire to prevent animal damage. d) The issuance of this permit is conditional upon establishment of replacement wetlands of approximately 3.10 acres enhancement, and 105 feet of culvert removal with 200 linear feet of channel and banks at several ponds revegetated for loss of 0.81 acres of wetland habitat and 500 feet of stream channel. Since only 195 feet of channel is being "daylighted", the remaining 305 feet of stream channel loss shall be compensated for by payment of$52,155 to the Division of State Lands' Mitigation Bank Revolving Fund Account. Payment must be submitted prior to any removal or fill work occurring in waters of the state under this permit. e) Woody debris, logs and/or root wads shall be incorporated into the Fanno Creek mitigation area for wildlife habitat. Large woody material shall be cabled to prevent movement during storm events. MONITORING CONDITIONS 8. A post-construction report documenting "as-built" conditions of the mitigation project shall be submitted to the State within 60 days of completion of grading. To insure a successful habitat replacement the permittee shall, for a period of five years, maintain the wetland until vegetation has become established and the area is functioning as designed. 9. The applicant shall establish fixed photo points. Photos shall be taken annually from the established points for monitoring purposes. A monitoring report as outlined in the Monitoring Plan shall be submitted annually prior to November 15` to the Division of State Lands for a period of five years after wetland/stream construction. CONTINGENCY CONDITIONS 10. The Greenway Park site shall be protected from maintenance activities by appropriate signage or strategic placement of large rocks to prevent equipment access to the mitigation sites. 11. Long-term protection for the mitigation sites shall be provided by a restrictive covenant on the property. Eagle Hardware shall pravide appropriate documentation to protect the replacement wetland/stream habitats in cooperation with the Tigard- Tualatin School District and Tualatin Parks and Recreation Department. A copy of the 'Attachment A RF-16790 Page 4 of 4 documentation shall be provided to the Division of State Lands within 6 months of permit issuance. 12. The permittee shall obtain and provide the Division of State Lands a bond, a security instrument, or a secured account in the amount of$93,000 (3.10 acres @ $30,000/acre) to ensure completion of the mitigation work set out in the mitigation plan. This must be accomplished prior to placement of fill authorized by this permit. 13. The Division of State Lands retains the authority to temporarily halt or modify the project in case of excessive turbidity or damage to natural resources. January 20, 2000 l:WttachmentAwest�RF Removal Fill Permits�RF-I6790.doc r-----_ 1 1 i � , '' � ' Joint S Army Corps Permit Application Form Of Eng ineers THIS APPLICATION WILL MEET TI-�REQUIREIv�NTS OF BOTH AGENCIES ��tland District AGENCIFS WII.L ASSIGN MJMBERS Co s Action ID Number Ore on Division of State Lands No. SEND ONE SIGNED COPY OF YOUR APPLICATION TO EACH AGENCY District Engineer State of Oregon � ATIN: CENWP-CO-GP Division of State Lands PO Box 2946 775 Summer Street NE Portland,OR 97208-2946 Salem,OR 97301-1279 � 503-808-4373 503-378�805 � Applicant Name L���S �� j (�c�, /JUC . Business Phone# and Address Home Phone# I FAX# �Co-Applicant Business Phone# �Authorized Agent Home Phone# � OContractor FAX# lame and Address 'roperty Owner Business Phone� � (if different than applicant) Home Phone� lame and Address FAX# J PROJECT LOCATION Street,Road or other descri tive location Le�al Descri tion Quarcer Section Township Range � In or Near(Ciry or Town) Counry Tax Map# Tax Lot# � �� � c� C�c�.� pv� Waterway River Mile titude ongitude � � ��� Is consent to enter property b anted by Corps and the Division of State Lands? O Yes O No � PROPOSED PROJECT INFORMATION �Activity Type: O Fill O Excavation(removal) O In-Water Structure O Maintain/Repair an Existing Structure 3rief Description: ?ill will involve cubic yards annually and/or cubic yards for the total project � cubic yards is wetlands or below the ordinary high water or high tide line. Fill will be O Riprap O Rock O Gravel O Sand O Silt O Clay O Organics O Other Eill Impact Area is Acres; length; width; depth IRemoval will involve cubic yards annually and/or cubic yards for the total project cubic yards is wetlands or below the ordinary high water or high tide line. Removal will be O Riprap O Rock O Gravel O Sand O Silt O Clay O Organics O Other I Removal Impact Area is Acres; length; width; depth Is the disposal area: Upland? O Yes O No Wetland/Waterway? O Yes O No Are you aware of any Endangered Species on the project site? O Yes O No If yes,please explain in the project �Are you aware of any Cultural Resources on the project site? O Yes O No description (on paQe 2, block 4) Is the project site near a Wild and Scenic River O Yes O No �� City/County Planning Department Affidavit (to be completed by local plann�ng offic�al) O This project is not regulated by the local comprehensive plan and zoning ordinance. � O This project has been reviewed and is consistent with the local comprehensive plan and zoning ordinance. O This project has been reviewed and is not consistent with the local comprehensive plan and zone ordinance. � O Consistency of this project with the local planning ordinance cannot be determined until the following loca! approval(s) are obtained: ' O Conditional Use Approval O Development Permit O Plan Amendment O Zone Change � O Other IAn application O has O has not been made for local approvals checked above. Signature of local planning official Title City/County Date ) COASTAL ZONE CERTTFICATION Ilf the proposed activity described in your permit application is within the Oregon coastal zone,the followin� certification is required before �ur application can be processed. A public notice will be issued with the certification statement which will be forwarded to the Oregon epartment of Land Conservation and Development for iu concurrence or objection. For additional information on the Oregon Coastal Zone I�vianagement Progam,contact the department at 1175 Court Street NE,Salem,Ore;on 97310 or call 503-373-0050. CERTIFICATION STATEMENT �I certify that,to the best of my knowledge and belief,the proposed activiry described in this application complies with the approved Ore�on oastal Zone Management Pro�ram and will be completed in a manner consistent with the program. I Title rint IType Name I �pplicant Signature Date ,9� SIGNATURE FOR JOINT APPLICATION I �pplication is hereby made for the activities described herein. [certify that 1 am familiar with the information contained in the application, u►d,to the besr of my knowledge and belief,this information is true,complete,and accurate. I further certify that I possess the authority to lundertake the proposed activities. I understand that the�antin�of other permiu by local,county,state or federal a�encies does not release me �om the requirement of obtaining the permiu requested before commencing the project. I understand that payment of the required state �rocessin;fee does not guarantee permit issuance. � ��` �1�� G .4L� ,(���'1FGTDI2 Print/Type Title I �y � o/ - a� - o� A icant Sig�ature Date �I certify that I may act as the duly authorized agent of the applicant. 1 Print/Type Name Title Authorized Agent Si�iature Date ` Joirtr � � PERMR APPLICATION FORM i ��� � � 1 U 5 Army Corps THIS APPLICATION WILL MEET THE RE9UIREMENTS OF BOTH AGENCIES /�/ I of Engineers J r Portland District � Corps Action ID Number �/�—f 9 � Oregon Division of State Lands Number � � (p Q SEND ONE SI ED COPY OF YOUR APPLICATION TO EACH AGENCY ��P,w+�� "B}s � neer State of Oregon � p�� ATTN: CENPP-PE-RP Division of State Londs � ��3 ��C E 1 4'�-pO$ P.O. B ox 2946 775 Summer Street NE C�y y Portland, OR 97208-2946 Salem, OR 97310 503/326-7730 503/378-3805 1. Applicant Name G E W RE �GAR�EN, �N� business phone#(425) 227-5740 and Address 9 1 �"�, I�I� ve�e� S �we f .H W-*?_o�ne phone# Re to , 8055 r FAX� 425 204-5158 � �+ ( ) Co-Appiicant Dana Siegfried business phone ri (503}223-6663 Authorized Agent David Evans&Asscs., Inc. home phone# � Contractor 2828 SW Corbett Avenue, FAX# (503)-223-2701 Name and Address Portland, Ore on 97201 Property Owner Tigard Tualatin School Dist business phone# (503)684-2235 ' (f different than applicant) 13139 SW Pacific Hwy home phone# Name and Address Tigard,OR 97223 FAX# 2, PROJECT LOCATION Street, Road, or other descriptive location Le al Descri tion Hwy 217 and 72'�Avenue 9uarter Section Township Range NE 1 2S 1 W I In or Near(City or Town) County Tax Map# Tax Lot# 1801, 1900. 2700, Ti ard Washin ton 2S101AC 2701, 2702, 2705, 2706, 2707 Waterway River Mile Latitude Longitude Unnamed trib of Red Rock Creek N/A Is consent to enter property granted to the Corps and the Division of State Lands ❑ Yes ❑ No 3. PROPOSEO PROJECT INFORMATION IActivity Type: � Fill � Excavation(removai) ❑ In-Water Structure ❑ Mointain/Repoir an Existing 5tructure Brief Description: Construct new retoil hardware, home repair and remodeling, and garden center Fill will invotve cubic yards annually and/or 13.000 cubic yards for the total project � 13,000 cubic yards in a wetland or below the ordinary high water or high tide line Fill will be ❑ Riprap ❑ Rock ❑ Gravel � Sand � Silt � Clay ❑ Organics ❑ Other Fili Impact Area is 0.81 Acres: 350' length; 100" ave width; 10' depth ' Removal will involve cubic yards annually and/or 700 cubic yards for the total project 700 cubic yards in a wetland or below the ordinary high water or high tide line 1 Removol will be ❑ Riprap ❑ Rock ❑ Gravel ❑ Sand � Silt � Clay ❑ Organics ❑ OTher � Removal impact Area is 0.81 Acres: 350' length; 100" ave. width; 0.5" depth Estimated Starf Date April 1999 Estimated Completion Date November 1999 � Will ony moterial, consiruction debris, runoff, etc., enter a wetlond or woterway? ❑ Yes � No If yes, describe the rype of discharge and show The discharge locotion on the site plan. PROPOSED PROJECT PURPOSE&DESCRIPfION INroject Purpose and Need: r:onstruct an economically viable market entry retail hardware,home repair and remodeling, and garden store in an easily �ccessible location to meet growing population and market demand. The store is intended to be centrally located in the 'ortland area, resulting in its location in the Tigard Triangle. � ' Project Description: � The Eagle Hardware and Garden project is proposed for construction on a 14.2 acre-site located in Tigard near Highway 217 and 72nO Avenue. The store will be approximately 125,000 square feet of retail,storage and office space. The site layout was designed to provide the required customer and employee parking and to meet all of Tigard's open space and pedestrian Iaccess requirements. The project has been sited and designed to meet City of Tigard land use and zoning requirements, in particular,Tigard Triangle design standards which were adopted to meet Metro's 2040 Plan requirements. The site was formerly the location of the Phil Lewis elementary school, and is an in-fill urban redevelopment project. Several other projects have Irecently been approved for construction directly adjacent and in the vicinity of the proposed project. Most of the property is upland, planted to lawn. The project as proposed will fill 0.81 acres of ash wetiand. � IHow many project drawing sheets are included with this application? 5 INOTE: A complete application must include drawings and a location map submitted on separate 8 1/2 x 11 sheets. 5 PROJECT IMPACTS AND ALTERNATIVES � Describe alternative sites and project designs that were considered to avoid impacts to the waterway or wetland. A detailed analysis of altemative locations and site designs will be provided. Describe what measures you will use(before and affer construction)to minimize impacts to the waten�vay or wetland. 1. The existing tributary to Red Rock Creek will be pumped to bypass the site while the culvert is being placed,then diverted into the pipe during excavafion and filling in adjacent wetlands. This will minimize turbidity entering Red Rock Creek and downstream locations. 2. An erosion control plan, including the use of silt fences and graveled construction access for erosion control,has been prepared and will be implemented by the contractor. Disturbed areas will be immediately stabilized affer construcfion. 3. Wetland mitigation in excess of the required 3:1 enhancement ratio will be provided within the Fanno Creek wate�shed. 7he mitigation will establish forested and shrub-scn�b wetland habitat in a 3.1 acre area within the floodplain of Fanno Creek. as shown on the attached drawings. The mitigation is intended to provide a more diverse habitat structure and shading of Fanno Creek. 4. Storm water wili be treated on site with in-series compost filters,with no increase in flow rate as a result of the project. N07E: If necessary, use additional sheets. 6. MISCELLANEOUS INFORMATION Adjoining Property Owners and Their Addresses and Phone Numbers See Attachment A List all other approvals or certificates received, applied for, or denied that are related to this application. Issuing Agency Type of Approval Identification Number Dates of Application/ Approval/ Denial City of Tigard Site Development SDR 98-0008 >>��2�q$ City of Tigard Planned Devel PDR 98-0007 1 1/12/98 City of Tigard Sensitive Lands SLR 98-0012 11/12/98 ], CfTY/COUP(TY PLANNING DEPARTMENT AFFIDAVR (to be completed by local planning official) I ❑ This project is not regulated by the locol comprehensive plan and zoning ordinance. � This project has been reviewed and is consistent with the local comprehensive plan and zoning ordinance. I ❑ This project has been reviewed and is not consistent with the local comprehensive plan and zoning ordinance I ❑ Consistency of this project with the local planning ordinance cannot be determined until the following local approval(s)are obtained: ❑ Conditional Use Approval ❑ Development Permit ❑ Plan Amendment ❑ Zone Change I ❑ Other An application ❑ has ❑ has not been made for local approvais checked above. I Signature (of local plonning official) Title City/County Date I $ COASTAI ZONE CERTiFICATION If the proposed ac?ivity described in your permit apptication is within the Oregon coostal zone, the following certification is required before your application can be processed. A public notice will be issued with the certification statement which will be forwarded to the Oregon Department of land Conservation and Development(DLCD)for its concurrence or objection. IFor additional information on the Oregon Coastal Zone Management Program, contact the department at 1175 Court Street NE,Salem, Oregon 97310 or call 503-373-0050. CERTIFICATION STATEMEDIT II certify that, to the best of my knowiedge and belief, the proposed activity described in this application complies with the approved Oregon Coastal Zone Management Program and will be completed in a manner consistent with the program. I N/A Print/Type Name (coappficant) Title I Appiicant Signature Date 9 SIGNATURE FOR.IOINT APPLICATION IApplication is hereby made for the activities described herein.• I certify that I am famitiar with the information contained in the appiication, and to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authoriry, including the necessary requisite property interests to undertake the proposed activities. I understand Iihat the granting of other permits by local, county, state, or federal agencies does not release me from the requirement of obtaining ihe permits requested before commencing the project. I understand that local permits may be required before the state removal-f�'permit is issued. I understand that payment of the required state processing fee does not guarantee permit Iissuance. L�GLE HARD�IARE & GARDEi1, iNC. Peter `a Gallina Store Develovment Proiect Coordinator Print/Typ me (coopplicant) Title / 1 I ^ February 1 , 1999 • plicant Signature (coapplicanf) Date � J��-�!f}- SlE�F��C� �CGUL�4TZ� �F/}'/25 SPECI�t-lST _ I Print/ ype Nome (coapplicont) TiTle �i�y. � 2 .�� 'j Appliconi Signoture (coapplicant) Date uGi �oi t7C 1! :0! UJUJ 00�1 1 Lyl vaaa vi ♦avruui a�vv�i vvG F�B, 8.1999 4=4bPi`'� DP `�f`{S PDX UP f�i0,290 P.4i9 nr� � • 7. 4nr/CouH1YPLWNltd6DEP�t1�1ENTAFFlflA�+Ii r ^�' "� �iAlt�L�,HIi� I (to be cornpleted by local plannlne o�cial) �EC�IYE�� �`��y FrS I I A � T'ht�pro]ect Is not tegulated by the l�al comprehensive plan and zoNng ordlncnce. R' � � � � T1�(s pro�ect has been revlewed and Is cor�s'�shstlt with the local comprehenslve plan and Zoning o�nance. ' I ❑ it�ts proJect hos been reviewed and�not conststent wltf�the locai comprehenstve plan ar�d zonlrlg ordincnce ❑ Cor�lstency of n11s pr�ect wlth the local planning ordinance ccMot be deterTnlned untfl the followtng local appro�al(s)are obtainecl: [] Cond�tonaf Use Approval ❑ Devabpment permit I ❑ P(or1 Amendment ❑ Zone Chonge ❑ oiher I ❑ has has nor been mode for locnl appro�als checked above. Qc,. ' �—. �9'-4 � I slgn�re(oF loco!plonn o cicp Tme Gtv/ ounty Dcte g consraL zoNE cfxr�lc�►noN If ine propasea octivffy desctlbed In your pe(r1'�(t vpplicQiio+i Is wntl�n the Oregon Goastnf zone.tt�e followlrlA certiflcallon � Is requlred befo�e yo�r application can be processed_ A publfc noilce w1R be lssued wSth the certlflc�tfon statement whlch w�U be�ocwnrded to the oregon Department of Lar�d Coruervotfon and Development CDI.CD)for'rfs conct,rrence or oblection. For addttivnallnformativn on ttle Oregcxi Coastal2one Monagement Progrorrl contnct the dep�tment at 1175 CoUrt 5treet I NE Sa�em Oregon 97310 or cc0 5�3-373-00,50. G�RttF�Gnora S�aTENarr 1 cerfi(y that to the bes�of my knowfedge ond bellef,tt�e proposed pctl�tty desc�lbed in thls appllcatfon complles wfth � me apptoved Oregon Coa5t�12nne Manaaet�nertt'Progrnm and wfil be completed in a monner co�ststent wtth ttte program, N/A P�Int/Type Narne (coappUcant) Trf1e � Appllcant 5fgnctvfe �a� I 9 5����Q JOIM APPLIG►T10N AppGcafion is heretry made tor ihe vctl�ItleS described heteln. I certtty ttwt�om farr�llivt wlffi tt�e infotmqtion co�ta�ned ln ti'�e oppltcction,and tv#he best of my knawledge ot1C be4ef,fits Infortnalion�tnse,ccmplete.and accurcte. I�riher cer�ily that � 1 passess tfie authotlty,lncludmg the necessary roquWte property lntecesis fc�undertake the propased ocfi�tties. I unders�and that the gfantfft9 af other perm"s1s by{ocol. counTy,state,or federal ager�cles ao�s not reiease me from tt�e requirement of obtalning ihe pe�ts�equesred befe�e commencing ffie proJect, I unde�and tt�at Ixnl pem�tts maY be required before the �fe removol-f"pem�tt'ls Issued. I undersiand thot payment of the requffed state processing fee does not guarontea pertnit I �e saanee. �4GLE HARD�JARE & GARDzN, iNC. eter `a7. Gpllina �-*-�*e Deve].opment Proiec_ Goordinator_ P�1nt(fY me (coappAcanf) r�le ' 1 _ February 1, 1959 plicant 5�eneture (caapp(iccnt) Date ! 1 Print/Type Name (coaRA��cant) Tnle � Appllcont Signature (coapplJcant) Date - SUPPLEMENTAL WETLANQ IMPACT INFORMATION� (FOR WETLAND FILLS ONLY) I Site Conditions of Impact area Impact area is ❑ Ocean ❑ Estuary ❑ River ❑ Lake � Stream � Freshwater Wetland I Note: Estuarian Resource Replacement is required by state law for project involving intertidal or tidal marsh . alterations. A separate Wetlands Resource Compensation Plan may be appended to the application. � Has a wetland delineation been completed for this site? � Yes ❑ No If yes, by whom? ' David Evans and Associates submitted to the Corps and DSL on January 18, 1999. Describe the existing Physical and biological character of the wetiand/waterway site by area and type of I resource (use separate sheets and photos, if necessary) The Eagle Hardware properfy is 14.2 acres, almost entirely upland which has been planted to lawn. It has been the site Phil Lewis Elementary School, which is now closed. The site is surrounded by Highway 217, 72"°Avenue, and � residential and commercial uses. Permitted projects adjacent to or near the proposed development include Candlewood Motel and Tri-County Plaza. IA tributary to Red Rock creek(a small year round stream)flows through the properfy. This creek is culverted under 72ntl Avenue as it enters the site and the culvert continues under the existing parking lot on site for about 150 feet. The creek is again culverted, this time under Highway 217, as it leaves the site. Therefore, it likely does not provide fish habitat. Wetlands adjacent to the stream are dominated by ash trees, with the understory becoming � predominately blackberry. Adjacent land uses, including streets, highways and urban development, serve to isolate the wetland to a large extent from other natural areas and provide continual noise and visual disturbance. The total amount of wetland on the property is 0.81 acres. Because of the small size and isolated condition of this ' wetland, it is not ideal or high value for many wildlife species. However, it does provide some hydrologic control and water quality function. � � Resource Replacement Mitigation Describe measures to be taken to replace unavoidably impacted wetland resources Mitigation will consist of enhancing 3.1 acres of reed canary grass wetlands adjacent to Fanno Creek. The mitigation is consisfient with the Fanno Creek Watershed Management plan, developed by Unified Sewerage Agency. The goals of the mitigation plan will to provide benefits identified in the Fanno Creek Plan, including providing shade for the creek and additional vegetative structure in this stretch of Fanno Creek. The site will be planted with shrubs and trees identified on the mitigation conceptual drawings to create ash forest and willow wetlands. The detailed conceptual mitigation plan is attached. ` Because this information is not necessary for a complete application, you may submit this sheet and other environmental information offer submittin, your application. ATfACHMENT A EAGLE HARDWARE AND GARDEN - TIGARD STORE PERMIT APPLICATION BL�CK 6 LIST OF ADJACENT PROPERTY OWNERS Ci of Ti ard 13125 SW Hall Blvd Ti ard, OR 97223 ODOT Re ion I 123 NW Flanders St Portland, OR 97209 Snyder Langston 17962 Cowan Irvine, CA 92614 Real Estate Services Blondie's 1500 Ostman Rd West Linn, OR 97068 Investment Llc Leben Tsune 7410 SW Beveland Ti ard, OR 97223 I . �' C � \\ ...�._ ~f�..I+..�!-:��[�,���,�"� ' .,�1 , �����.�� ��.��,�,�,��'�/'�� ` i`� � i► � I' �— t�l• "�e�L��.�'�s. ���L.�h`SL�.��` t7 ����� [��17� \ �� rn-��' _�- s:u.. �e����--. 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'� � � � C�� u3 195.0 U > �-100`N�z. \ tYKt ,�ow, Puu � __/ ��� r�3 G3 i 185.0 -� i� �i . ���c � u � � DATUM ELEV ' ���` ' l75.00 0.00 100.00 200.00 300.00 400.00 500.00 600.00 700.00 800.00 � >o' caouP siTC • `o<:� SECTIOr� I ' W ECLAND lMPACC �orosfs F�NrsN r,x�DE P��rcE 215.0 � .� ; ��-E: _� /� - ��=�'VERr 205.0 I�=lao�11CRL. 195.0 \ � DATUM ELEV � tiisz 6�� �t���s J , IB5.00 0.00 100.00 200.00 300.00 400.00 500.00 600.00 700.00 800.00 900.00 � GROl1P SITE SECTION C I � 1 � 2 ` �I I I . i:l1�'!Sli!; ^F S�::T� "�;.;nc "=�; _� n_.,_�`, 1 � ; . .. . I � i�', `; � !t I�ITIG�'I'ION P�AN (REVISED) Eagte Hardware and Garden Tigard Store Submitted ta: District Engineer State of Oregon ATTN: CENPP-PE-RP Division of State Lands P.O. Box 2946 775 Summer Street NE Portland, OR 97208-7730 Salem, OR 97310 Prepared for: �;agle HardH�are and Garden 981 Powell Avenue SW Renton, WA 98055 I,� � I I�TOVember 12, 1999 �� •� 4 �f : � ti / +v� � 4ri � � 'e`.';a �� � � ,,, , � „ „ D.A�'ID EVANS AND �.SSOCiATES, �t.' N '�:� , �, `' Y 4{I �r« �'):,.•,� �i.,�'t �$* iM.. ' ' : � TABLE OF CONTENTS MITIGATIONPLAN .............................................................................................................................:1 MITlGATION SITE AND MITIGATION PL.AN GOAL.S.......................................................................................................................1 - COMPENSATORY MITIGATION DESIGN ASSUMPTIONS..................................................................................••••...........................1 LOSSFSAND GAMS M WETLAND FUIJCTIONS...........................••-........................•••••....._........-••.................................................2 � ADVERSE IMPACTS FROM ADJACENTACTIVIT[ES..........................................••••..................•••-.......................•••••-•••...........••••••••3 � REFERENCE WETI.AND CHARACTERIZATION........................................................................................••••••...........•••••.................3 MITIGATIONDESIGN DETAILS .......................................................................................................3 • CONCEPIUAL MITIGATION PI.AN...............................................................••••-•.................................•••............................_...••••••-3 ' 'I7tEE5................................................................................................................................................•••.......................................4 TttEES..........................................................................................................................................................................................5 iIMPLEMENTATION ME'I'HODS...........................................................•••••••.......................................•••••••.......................................5 � SCHEDULE....................................................................................•••........................................._..•••............................•••••••••••••••••5 � MONITORING PLAN.................................................................................................................•--.........6 + MITIGATION GOALS AND PERFORMANCE STANDARDS......................................•••••••...................................................................6 FANNOCREE[C MITIGATION SITE.........................................................................•••••.....•••••••...........................................••••••••-•-6 , Water Regime.........................................................................................................................................................................6 � Objective........................................................................................•-•••...................................................................................6 �� Performance Standard..........•••..............................................................................................................................................6 � Monitorin .....................................................................6 g........................................................................................................ VegetativeStructure...............................................................................................................................................................6 Objective................................................................................................................................................................................6 � Performance Standard...........................................................................................................................................................7 Monitoring.......................................................•••...........................................................................••---...................................7 GREENWAYPARK MI'I'iGAT10N SITE................................................................•••••......................................................................7 YegetativeStructure...............................................................................................................................................................7 Objective................................................................................................................................................................................7 PerformanceStandard...........................................................................................................................................................7 Monitoring.............................................................................................................................................................................7 CONTMGENCYP[AN...................................................................................................................................................................7 IANG TERM PROTECTION OF THE MITIGATION SITE.......................................•••.........................................................................8 I � , MITIGATION PLAN Mitigation Site and Mitigation Plan Goals The proposed conceptual mitigation plan to offset expected wetland impacts associated with the ' Eagle Hardware and Garden (Eagle) Tigard store has been developed in accordance with the � Oregon Freshwater Compensatory Mitigation Rules for Non-Minor projects (see OAR 141-85- 155). Refer to sheet 1 for a location map of the project and mitigation sites. The detailed � project site plan is located on sheet 2, with site cross sections reflecting wetland impacts on � sheet 3. The mitigation plan view, typical section drawings, and planting details are included in the application form and shown on sheets 4 and 5. The proposed conceptual mitigation plan will compensate for project impacts from store development. �The development site is 14.2 acres, and the development will impact the existing 0.81 acres of emergent(PEM) and ash forest wetland (POF) and approximately 500 feet of a small perennial stream. The trees will be removed, the wetland filled, and stream culverted in order to complete this project. The wetland is adjacent to an unnamed first order tributary of Red Rock Creek, a tributary of Fanno Creek. The mitigation site is within the Fanno Creek 100-year floodplain, on property owned by the Tigard-Tualatin School District. Fanno Creek at the mitigation site has vertical banks with no shrub or tree cover. The northern portion of the mitigation site is dominated by reed � canarygrass. The site currently provides flood storage and some water quality benefit, but provides little habitat diversity or structure. To provide open channel, mitigation will also be provided at Greenway Park, owned by Tualatin Hills Parks and Recreation District. The primazy mitigation goal is to provide early growth shrub and forest habitat that will succeed to a condition similar to adjacent mixed ash and willow communities. Secondary goals include: providing shade and structural diversity along the vertical, unvegetated banks of Fanno Creek, increased flood storage and water quality benefits, and increased amphibian and aquatic habitat. Mitigation at Greenway Park is intended to respond to concerns expressed by the Division of State Lands and Oregon Department of Fish and Wildlife concerning lost stream corridor. The goal of this component of the mitigation plan is to provide additional open channel in this basin by removing culverts. Compensatory Mitigation Design Assumptions 1. The mitigation site is in the floodplain of Fanno Creek. Therefore mitigation desigr► assumes that appropriate hydrology exists on site to sustain conditions favorable for growth of the mitigation plantings. 2. Spraying for reed canarygrass removal will assist in establishment of herb and shrub strata. 3. Excavation for reed canarygrass removal at the oxbow/overflow channel will create additional depressions for flood storage and amphibian and aquatic habitat. It will be graded in a manner to prevent stranding of fish. Permit Application—Attachment ! November l2, 1999 � , . . . Grading activities will involve contounng the land to create oxbows and depressions that pond � water for a significant part of the growing season. This will increase flood storage capacity and associated water quality benefits at the site. The Fanno Creek mitigation plan is consistent with and furthers the explicit goals of the Fanno Creek Watershed Management Plan. The mitigation will fully compensate for the losses ' expected at the development site because it will enhance vegetative structure, shade, floodplain storage, and water quality benefits at the Fanno Creek mitigation site. � At Greenway Park, approximately 100 feet of culvert will be removed from a small channel (or new channel created) and 200 linear feet of the channel and the banks of several ponds will be revegetated with native shrubs and trees (Greenway Park Mitigation Site sheet 1 of 1). The Greenway Park mitigation plan is intended to respond to express agency co�cerns about lost open stream channel and is consistent with long term goals to reestablish lost fish passage in the basin. Adverse Impacts from Adjacent Activities The area adjacent to both of the mitigation sites is under public ownership. The area adjacent to the Fanno Creek site includes a forested wetland area,proposed mitigation for a public trail project, and some upland. This site is not under development pressure. There are no immediate plans for development and adverse impacts to the mitigation site aze not anticipated. Therefore, the mitigation goals are expected to be attained and full maturity of and benefits from the vegetation planted under the mitigation plan realized. Reference Wetland Characterization Intact portions of the wetland to the south of the Fanno Creek mitigation site will serve as the reference site. The reference area is adjacent to the proposed mitigation site and dominated with ash forested wetlands (PFO), and willow/shrub (PSS) wetlands. Mitigation proposed as part of the City of Tigard Trail will extend the ash forest and willow/shrub communities on their northem limits. The two mitigation efforts shall be coordinated with representatives of the Tigard-Tualatin School District. The dominant vegetation is Oregon ash. The shrub stratum within the canopy of the ash is lacking except on the edges. The herb strata is composed of slough sedge,meadow foxtail and reed canarygrass. The edges are vegetated with reed canarygrass, or a combination of Nootka rose, horsetail, and Himalayan blackberry. Oxbow depressions were evident in the interior of the Oregon ash forest. These are either inundated or vegetated with reed canary grass. MITIGATION DESIGN DETAILS Conceptual Mitigation Plan The proposed mitigation design will enhance the existing reed canary grass wetlands by establishing ash forest(PFO), willow shrub (PSS,) and mixed emergent (PEM) communities. Storm events that overbank Fanno Creek, precipitation, and upland seeps provide the wetland Permit Application—Attachment 3 November l2, 1999 . � � , T hydrology to the mitigation site. Approximately 3.1 acres of enhancement are planned, a ratio of 3.8:1. This ratio exceeds the Division of State Lands mitigation ratio requirements. The City of � Tigard Trail mitigation will be located between the existing reference site and Eagle's proposed mitigation.Both projects will realize a benefit from proximity to each other by creation of a large contiguous area and extensive removal of reed canary grass in the immediate vicinity. i � Reed canarygrass will be removed from the Fanno Creek mitigation site by spraying with approved herbicides. Plantings of wetland tree and shrub species have been designed to � replicate the emergent and forested communities found in the reference site ash and willow forests. Additional shrub and herb strata species typical for floodplains within the Fanno Creek watershed will be planted. The newly created mitigation area will be adequately buffered by ; existing natural areas, adjacent mitigation, and uplands in public ownership. ; � Final grades in the excavation/removal area will be left undulating to provide oxbow � depressions and hummocks. The undulating landscape will provide a diversity of habitat types � and cultural conditions for plant species within the flood plain. Oxbow creation will provide � additional habitat and increase flood storage capacity. Additional water control structures will not be required for hydrologic alteration. Plantings along the unvegetated riparian comdor of Fanno Creek will increase bank stability,provide shading and cover, and increase channel roughness. Planting densities and species composition will emulate a community that will succeed to the � desired reference wetland community. Plant quantities are based upon 200 trees per acre, 300 shrubs per acre. Emergent species are based upon an 18" on center spacing for 20% of the overall acreage. Refer to sheets 4 and 5 of 5 for mitigation details, cross sections, and planting schedule. Table 1 Proposed Plant Species—School District Species Name Common Name Wetland Indicator Status Trees Fraxinus lati olia Ore on ash FACW Saliz lasiandra Pacific willow FACW+ Shrubs Cornus sericea Red-osier do ood FACW Lonicera involucrata Twinbe FAC+ Ph socar us ca itatus Pacific ninebark FACW- Rosa nutkana Nootka rose FAC Herbs Carex obnu ta Slou h sed e OBL Carex sti ata Saw-beak sedge FACW+ Gl ceria elata Tall manna ass FACW+ Scri us microcar us Small-fruited bulrush OBL Live Stakes Cornus sericea Red-osier do wood FACW Permit Appiication—Attachment 4 November 12, 1999 � At Greenway Park, approximately 100 feet of culvert will be removed (or new channel established) to restore a small channel. The banks of the channel and several ponds will be live- staked with red-osier dogwood, willow species and cottonwood. Native trees and shrubs will be planted in a buffer approximately 25 feet wide around the channel and ponds. Table 2 Proposed Plant Species—THPRD Greenway Park , Species Name Common Name Wetland Indicator Status Trees Fraxinus lati olia Ore on ash FACW Salix lasiandra Pacific willow FACW+ � Live Stakes Cornus sericea Red-osier do ood FACW Po ulus balsami era Black cottonwood FAC � Saliz s ecies Willow s ecies FACW-OBL 1 Implementation Methods 1 � Five tasks have been identified that are necessary to fully implement the proposed mitigation plan: (1) a pre-construction meeting, (2) excavation, (3) inspection of final grades, (4) planting � and live stake installation, and (5) a post-construction meeting. A pre-construction meeting � would be held on site with inspectors, the construction contractor, a wetland ecologist, and a wetland designer to review the site conditions and mitigation plan. This meeting ensures that all I parties understand the intent of the plan and that all specified materials are used and conditions ' met. Construction notes on protection of site water quality and erosion control will be supplied to the contractor. All specified plant material would be hand-planted. A post-construction ; review of the completed work would be conducted to verify that the plan was properly implemented. Because plant locations and water regimes are critically interrelated in wetland mitigation projects, and because construction plans are commonly adjusted on-site, a wetland ecologist, or other qualified natural resource personnel, would assist with proper implementation of the plan. Functioning as a construction observer, the wetland ecologist, or other personnel with wetland mitigation experience, would be responsible for notifying Eagle whether the intent and specifications of the plan have been met. The ecologist will also make modifications to the site plan based on unforeseen site conditions. If specific plant materials were not available, the ecologist would authorize planting substitutions. The wetland ecologist would work with the construction contractor in providing assistance and guidance to ensure plan specifications are met. Schedule Mitigation will be constructed during the summer of 2000 season to facilitate excavation. Planting will occur during the fall of 2000 to promote plant survival. Permit Application—Attachment 5 November l2, 1999 , , MONITORING PLAN A post-construction report documenting"as-built" conditions of the mitigation project will be submitted to DSL and the Corps of Engineers within 60 days of the completion of grading activities. To ensure successful completion and viability of the new wetland area, inspections • will be conducted at least two times during the first two years, and annually thereafter. A report will be prepared annually by a biologist and submitted to DSL and the Cotps of Engineers. This program will monitor vegetation and wildlife usage for five years. Permanent photo points will be established to provide further documentation of the changes in wetland vegetation over time. Mitigation Goals and Performance Standards Specific mitigation performance standards are established to objectively evaluate and determine whether the mitigation project has been successful, and to provide reasonable criteria which can assist the project ecologist, designer, and agency personnel to determine if remedial action is needed. Fanno Creek Mitigation Site Water Regime Objective To maintain the current frequency of inundation of the Fanno Creek floodplain and create 0.5 acres of oxbow depressions which will be inundated and/or saturated through June in a normal rainfall year. Performance Standard Inundated and/or saturated soil in oxbow depressions will be maintained through June. Saturated soils will be present within 12 inches of the soil surface from November 1 through June 30 in a normal rainfall year. Mo�iitoring Saturated soils will be measured at three permanent sampling locations and documented photographically. Refer to sheet 4 of 5 for monitoring points. Vegetative Structure Objective To enhance 3.1 acres of reed canary grass wetland by establishing ash forest (PFO) and willow/shrub (PSS) wetlands. Planting densities and species composition will emulate an early growth community that will succeed to the desired reference wetland community. Plant quantities are based upon 200 trees and 300 shrubs per acre,with a 20% mortality rate. Emergent species are based upon an 18" on center spacing for 20% of the overall acreage, or 10,930 plants. Permit Application—Attachment 6 November l2, 1999 Performaitce Sta�:dard The enhanced 3.1 acres of ash forest (PFO) and willow/shrub (PSS) wetlands will be comprised of approximately 160 trees and 240 shrubs per acre, and 8,744 total mixed emergent species. Monitori�:g Monitoring will be accomplished with the establishment of three 30-feet-by-30-feet quadrats in the mitigation area. Stem density will be established at each plot and all planted species will be monitored for survival. Recruited desirable species will be counted with planted species to determine overall density. The reference wetland will be examined during each monitoring period for areal coverage of reed canary grass. Two photographic reference points will be established in the reference wetland. The photographic record will record changes over time within the reference wetland. Greenway Park Mitigation Site Vegetative Structure Objective To establish native shrub vegetation along approximately 200 feet of channel and ponds at Greenway Park. Plant quantities are based upon 200 trees and 300 shrubs per acre, with a 20% mortality rate. Performa�:ce Sta�idard The riparian area plantings (25 feet on either side of the channel and ponds) will be comprised of approximately 160 trees and 240 shrubs per acre. Monitori�:g Monitoring will be accomplished with the establishment of three 30-feet-by-30-feet quadrats in the mitigation area. Stem density will be established at each plot and all planted species will be monitored for survival. Recruited desirable species will be counted with planted species to determine overall density. Contingency Plan Should the desired mitigation goals not be achieved, a determination by DSL and the Corps should be made to implement the contingency plan. Contingency plan for less than 80% survival will provide for replacing plants that have not survived, and for further excavation and/or spraying if required to remove reed canary grass. An assessment of the cause of plant mortality would be made by the monitoring biologist, and a recommendation made for species composition changes or other mutually agreeable correction measures. Permit Application—Attachment 7 November 12, 1999 � ' ' • Long Term Protection of the Mitigation Site Within six months of permit issuance, Eagle and the Tigard-Tualatin School District will provide appropriate documentation to protect the created wetlands, consistent with OAR 141- ' 85-155 (14). , , � � i Permit Application—Attachment 8 November 12, 1999 \ �. . . UvE STAKES - \ � Z (TYPiCAL) 5' O.C: , _ . _ � \ �1 W , �1� C BONTERA C2 � . r"Vii, � � OR APPROVED . ' ' - - - - - - ,t�O EOUNALENT. '\ . . . - ' - . .� U,Ci.. ' �� � �. . .. r�y'. 2 2 . - • _ • . . . . .. \ C ,[� � zo � �1 . 1� • . . PEM . , . I + �`� � �u� . SHORTEN CHANNEL �� � {�� EXISTING PEM WETUWD � • - . _ . + (TYPICAL) ', '+/- 10' BETWEEN ��j <p � . . , �POND AND TRAI � + ••\ j� 3 rc f�l - . - . • < p� . RE►AOVE EXISTINC CULVERTS \ EXCAVATE \\ '<�i <� AND CONSTRUCT OPEN CWWNEL. \ , , .� 5 • gACKWATER AREA � _ REFER TO CFWJNE� SECTION TMIS PAGE. . , , APPROX. 50'L BY W )P 0 S E D � �:' . ' . . . . zs'W 8Y 2b FR01A ' Q - CULVERT TO CREEK, t �NNEL SECTION . . . SEED ANO ►AULCH. W • • �PEM � � SCaLE l� �' � ' ' ' ' ' ' '+ ExiS7ING ' � CuLVERTAND PWC UPSTREAM END // /.' . _ .\ . . , . , _ • . . . . ROCK WEIR : • Of CUWERT AND TO REAWN. CONSTRUCT NEj/ // � ' ' � � � \ \ — * � . +' � ChUWNEI. / ' PE� . � � � + �� / �j • •/ ' �SALIX 1H51ANDRA (TYPICAL) + + -\•�+ ), _ - IL� �� / I + ' PE � ��� / � � y� � �J \ Y�. . . .� . � . �� z` �� . � ' EXISTINC ` -/ ���+a � PLAY "$3e AREA / a< .� /-• >c <z�� Eµ � c< E%ISTINC APARTlAENT ' COMPLEX / i PROPOSED PRE-FAB. / � / BRIpCE OVER NEW CWWNEL REMOVE PROPOSED CNANNEL. POPULUS BALSAMIFERA EXIS7INC TRAIL. / PROVIOE CROSSINC FOR (TYPICAL) PATHWAY TO EXISTING APARTMENT COIdPLEX. / EXISTINC TRAIL � (rrP�c.�.) 0 3o so �20 // � dOTES: �u�E 1. NEW CHANNELS TO BE LIVESTAKED 5' O.C. EACH SIDE. ��O�wi'K�t/C 1r�r OWM/� 1fi[ �rO�IOM �....,,:w.o�,.�o.�ow.s.i 77 ��x owu�.ca 2. ALL CHANNELS TO BE SEEDED PR�OR 70 v+s v.ww�+/r " s,r+,�, w�n.wa FABRIC PLACEMENT. � L°""fO"�''�'m"°s"°0GO0° `�0 '�`�''�°"'� =''r'��"""'� 3. All DISTUR8E0 AREAS TO BE SEEDED AND ro�w�a�+..ru./mm..000 �a u.•.�•04 a r r-r�n•ww.� MULCHED. 1 I s.s v.w.w�..arc.aw » ��r-r x a r r_r Vr w�a 4. 105 �INEAR FEET OF NEW CHANNEL CREATED. �. rwn somar Z m[ �owsx w��.--�r.�. arn.. sa famc. W ,�, '"'"'"'S''"r°""�°"�°°""S" '`"` m'"i°' WETLlWD ENHANCEIAENT LEGEND � _ wo�usw+n�u�nc.c...c. .. �� �..o �' a mwa u�ecu,/ay_osu oa.000 au ��,, co,,..r, Q PROPOSEO ENwwCEuENT (Cltt OF TIG�RD} •� Q \ *,�,� wwu�u.nwrciuu/�r.�sc�r ue �tn. oa�..ai I "r,.�qA����y��,�.yx�y� �p �� �� � E%ISTING riETLAND TO REWUN UND�STURBED � Q= x�r�wrtwu++/wouu wsc � �w- m�wn Q ORECON ASH FOREST (PROPOSEO 2.63 ACRES. E.�CLE) ��� 1'� I ' �''�OC°M"�,�Y0ip1� 731 '°"` `"f0"'°""" Q W�LLOW fOREST (PROPOSED 0.19 �CRES, EAGLE) �S W� � 6Ma L7fAG/SMI-i[AK SCDCiC tl� �OL a i�'/C-�aC Nl6 Y a.w.aw/y++r�.+a.s uu� �o.. smsaac�,c Q STREAYBANK/RIPARWI L1VE STAKINC t �� � I rar�a�c�our�/w�u�wno w�wiw ��� �ol.. smo-�ac nua (PROPOSED O.IB ACRES, EAGLE) � � PROPOSED 5TREA►IB K va am miavs s[eu�/�m osu oaa000 n ��'-r x r-r�ir�wa �� ;< I saa u�sww�/r.os.uw .� a�.•.r w r-r�n'r,r. —� � LIVE SiAILWG (EACLE� �p j� �1 p ' plft f��wl��/1�l�wl�14Y11w1 7f'Y 1�� � �� `��__ � APPROX�►IATE\ � NOTE: � _ � '� � ^_ LOT UNES PROPOSED OVERFLOW CHANNEL WETLANO ENHANCEMENT TABULATION � W /,� ` TO HAVE 5' BOTTOY NADTH, 2:1(H,V,) ,��__ � i � � ��\ SIDE SLOPES. ANO DEPTN VAR1nHC APPROXIMATE WETUNO ARFi� 7.6 ACRES Q � , � �'� �. �. FROU 1-�'. CMANNEL TO BE LINEO xi5 iNC wfil.w0 � < • � �• � � nf�fV\ ' PPROVEO EWIVALENT, OREGON ASH k WIUOW FORESi C0IAMUNITiES 3.6 ACRES W ``�- _ \ /' /' �. 'W '. �REA SWTABIE FOR fNwurCEuENT s.0 wCRES I�^�•� . � �� � �� ` . PROPOSED ENwWCEUENT (CIiY OF TICARO) 0.9 ACRES F �- . �. _ //� / `��` NUf �'" _ _ �,'� - - _ � PROPOSEO ENwwCEYEHT (EACIE) J.1 �CRES ; ^�^ - � ' P bPOSED NnLLOyf fOREST\ 8�wrcE OF wETUrrO �RE� 0 �CRES I _ -= -=_=_ ==�-- �.ITY OF TICAR� , I. ', _ '_ .-�� �-��=- -1� �J� � �PROPOSED ORECON ASH `\ � � ' = _=�____v���-_ "�> �. FOREST (pTY OF T�CIJ20) '. � ' � 'l =PROPOSED OREGON - - __�_ � '�� � C �� �'---- � \ =ASH fOREST (EACLE _ _= �"_=^�� � �, �k O� OVERGCOW CMANNE� `R� ��! � � _ _—_ — ____� �— — z ^^ _ \ CRAOE TO DRAIN, / R�hr, fl � � � UVESTAKE BOTH B/�h1K5 C � ^ �^� ) 5' 0.C. , \ r �,�■ ' _ ____-l:rv��` =__� - - � ' �\ <<`g� I _ ____=1:;::(;:;::;:�:��__^ NOTE: >� � I '�' =_=== �{ 1 : C-_: . . / I ��, � � APPROXIYATE WETLAND MEA IS DEFINED W �W ; -1 .F: � - � BY FANNO CREEK ON TME EAST, SUAIMER o<:� -I 1' �• � � ' �, CREEK ON TME SOUTH� ANO THE WETLAND �_� � � ____ -1 1: \ I DEUNEAl10N LiNE ON 7HE wEST IWO NORTM oi x� � ____ —� � � \ I � Ic�.� � __ � �� '� 1 \\ � ' / / � � \ � F � r _""_ , 1 1 1 �'�H,y� � � � W I. I ��O C` �� ' I � ,\ jF ' N I I 1 _ .' j_;i �ff�Y�' ' p i •• 5� ���:�, ��::► / ----- I 7 ° I _ •PLLOw FOREST ' -------� ExIS71NC ORECON� �i ,`\\ � I �� E� . �ASM FOREST . � _ '}--__ -_-- , - � �:% ' `\\ g � �-___ -� -__ -=-� -- _ �� -', / � ' I F' ��S"-= =_ - - - -- - - �`�� � '� I ' CCC ' - . --- � i .i�: � � ��t --- _��� -_ PROPOSED SHRUB ENH�NC MENT � � /-� I �=^�y���� (CITY OF TICARD) �� . l� � � , Y PROPOS€0 TRAIL ��� t � . ' WETLAND DELINEAnON (GTY Vr TIGARD) . I � (BY OTHERS) E%ISTINC WILLOW FOREST `-r—L—, _ x W � occo..v. oaao..s.� ��� � - .us�a '�� � .uu,r �� Q poc�opo_ oosnS ara[ ...w x«a �� 2 O O ^i°.otm wro.+a o'o[ a� �W oosr.0 . � W� ..._ ......_ � '` -- - '••••..... � � • • - . ,G • .... ... � �\\ JL1S •" •'•-•• v � ` ""..... � � _ J.L ^ _ � Q< E'�"k. .�."�i � �• �� �F- , ..�' .�a'i° �sw r� W TYPICA(.. SECTION TYPICAI. SECTION � p FORESTED WETLAND SCRUB/SHRUB t •OT IO!Cltf �O��0 SfNf N�1 GJ� {`J lfM(1/M�001 CJO�M 10 KW�11/94Mf� p11Of l4MIK �.K�I'!Nl V.IM�If[S 1(AL�I[�I[M1 r0 M�n1O�6 L 1VMM0 KICD 6 fl{11 lf1K��0 If p�atM[1 1. M01 O�O�M LL44 wM � S�L Cp4�O�Q�w1�MMwLLO �OfT-f/MO�C,9R�LLTwG10!I� naw wac u*.ca wosr�rc.Ma.rcn.o..�a.w woacrc mn..nu �n / .u.�r.c.ai a rr�a�rco rrac na ya�.�c.�o�n wosrrc nc�auo[ w.rtcr u�r.si no.a.+c aa..o.�o m.ain. �. �IA�CIC�Lwl�f1IY M[lCG1OM O hl CiiM NaI1[i .d'y �, msiwc+e�wn.r.cmt o�arKs>u.[aw�w w...c a+ ,�/t �•�[w cOwn 4otw aw�woaa[i � mr.n[o wwwt r �� I a w�r�y.rtr wr.mraw r w[rc ava[w�c'.w.�rJw s�wuo � _� FM�OOR t0 K f1�M0�1 I !M wtlU1'r S�aof.Nw[MI[MOK '�I j° - •upwY�O M�61N41OM \l 7. lO�iK!d l�.wk.�4f f1Mp+di R0.Y�C•�610�V�1 I0�l�[6 <S �wy1M�IlIW�' �CL��OGR IOOR �[II�OOR�� Y0�4�Y rD u0 LM6 Lwt i(aLx/O11�1.IYtC wt1/K t0'tOl Of 1YW1 I�I� . MO wIM SOl wM fOa w0 N?IIL�uV l0 6Y�.R �� R111Y7[��f f'[C7 PWKR1l w1�aN w�1K aI LstaL wrt�L.ORrCC Ifor��faL �� ..rarin.nNn.c wt w.m uwc owunc.mcs d�w�.s.�.wt.nt w.n. C�� �� rwut ro i[rn[ r.swat ncc nry nwr.�urt ra.�rc wos,t+a�wm�won r�{ �p �.u�ru�ruo� .�o on�ro�ca..�u.ac Z< a E w io unw r.�� < � a n�w��.rtra s m r aor w�w�m iaa ar wK wota ro >� ..vcua•wvou�m nw stto wc w ac.u.�m Wur.. .ur�s w ; rar�.t m rw.�r.ao r.ar.an nau w.t a acoa ro a<. � 8 CU IN STYRO-BLAC PLUG � SHRUB PLMlTING DEfAIL w.�a..m o�K 4+ua wwwe.�^u M«0. �o .m.0 wrc ac ooe...n an w.sawc ra as�� oi w rwc � wr ro wu s.wotrxc m.mucro�swa ocuua roosm�.wn�.ris ro wri � ��,w.lsvrt�u � .a+rwa� nortcr io. wosr..c.�o.rta a.r... saa nu.wRi.rr�w.�c Kaa�wr w c<i ���� nw�nm.� Knu�r.nwa u,ua c s�.t wr .s[rt n..t./ F r�p�p y� �a«n.um�...n io z.+.[w�ur..rtv r n m.nw�oa s*.a�o.�on�o�. �� ��.uo�ow.r��a",i".b°„w�.nu�iw�'°.a�x•u.`�^"c"'o.Uwi.�a a u�w.r a no u.r Mooa _ �ll-�ll � no x+ac n.w rutwr�wu�c rw�ro r war.noar�t..m.s � �-II�,�_ aso«�m nri oe z.0 .°�.�..i u.�irn.e�ir.n rw�Oai oM[.�w°w°ri:.is°i'"��ia~�°" � —III1—I''� �!—W='IIW—�I1 I I 1=1 I I�I I -I 1-��-"'- r�o1°Onaam"a�c i/r�.roo sw¢ u.n..n�cauca w�mn wo.ir.�ar.nwo vc«s wn w[..[r+.M -L_� � -I I I-�-� o+.wm'sr.oc�wu r[4as�waRUto oaiwc[s �w ro � � o,,,.� -� ��—T—i li— ,,..��o.�.�,..„a.a..,.� �.•.�r..r �.,..,ro�.u�•..•,.,, —,��,�� �/. � uer ar w.o<s [wos�w[:.'�r 1�.1��• L I I��i���I� �y_•/ntnw ans ..a mw w[or u[[.w/n 11�i�r�aw.ni�oa�rr.��ir K'wio�:+i � _L_�_ll_J ���,-;��,-, y.,.K�.,..��,�« �..�,.�_.�..,,,.�„.�,� II__III_1'II-111-1L L-�- w.,� " =I I I=I-��I I I.i I IT-11 �I I "'.'�;°`�"'•�� r.w�wa ioor ao.+.�rna.wa i..v�ws�+ml ca+on�.�a�+.ut.ywws..w w.4waa o�onc� �—J I I-I L — _ ,..a..,�R�.q.nR. 1��i�-1I Il I II I II I II I II I I ��l I I ; .•��—� •.•.,.•a��•�•-• �s.n.ao a st[o.s w.�c wxo•r ono.ar tanw�c�a wt�w+ivao ..,.�»�,�.�.,. ��o.m�.�� �1I I-1I I—�1=1I I—I I_ _ � """"'"°` � ���K���p ucrnu a u.i.c - wwc soa�I�'����Til I ITI I I�I I�I I� � .SOio��ws�iwma�� ru�rutu �[�i�a�o �i�nw�inrtim+ic�.ri.co u �•r+. •��- �-J'� i �-/• oo-+.n�a w�cw[ �a us[[o.ris w�a..a ro niwa wm auss m.au¢una.0 ar[�o io�ro�n ra� � mr..nm .rr[ctto urws w[wnrw[ro uc watan.�wrta.w w.c�. GS[��bLt41W �A� [�OS4�COM�IIOL�W1MLS YMII WI�[�b.SD UMII tl�(6�!l[Rl1 `[C(1�R0.Yl�.�YONS Lwl R i[�wSO w0 KS[CO[D K K[OLA OECI�UOUS . - LNE STAKE INSTALLATION s PLANT PROTECTION ��TREE PLANfING DEfAIL 5 .or io�c.�e w�ro xxc w��o vxc . � � '� �cn � APPENDIX B DOCUMENTATION OF OWNERSHIP AND EASEMENT AGItEEMENT Land Use Application June 9,2000 Lowe's Home [mprovement Warehouse, Inc. FROM =FIRST AMERICRN TITLE 2000 -07 12=40 �611 P.02/07 ' S.� AMERIc -�" "� First American Title Insurance Company of Oregon � � Washington(OR) I p���por: Prepared By:JOEL WASMANN Customcr Scrvice bcparcment 1700 SW Fourtli Avenue - Portland,Oregon 97201-5512 P}�one:(503)222-3651 Fax:(503)790-7872 I pWNEI2SH�TNFORMATION h+�ner : SchoolDistiict23J RefPnrcelNumber : 1S134DD0090Q I LoVyyn�. X`.013 R:O1W S: 3�i Q: 251 ite Address :*No Site Address"' ParcellVumber :R0269765 lail Address : 13137 SW Pacific IIary Tigard Or 97223 Mnp Number . ITelephone :Owne►^:503-G20-1620 Te�cant Counry :�Vashington(OK) SALF,S AND LOAN YN��012MATION �rran,ferred . Loan Amount . )ocument# :7450911 �ender . 'ale Price . Loon T�pe . I�)p��e . L�tarest Rate , °i Onnect . Vesting Tj�e PROPERTY DESCRIPTION' ASS�SSMENT AND TAX Il\'FORMATION rlap Paga�c Grid • 1l�tLand :5110,180 ;cnsus ; 7ti'�ct: Block: 1411ctStr'uCtatrs . I5'uLdivisivn/Plat . MkxOther . �etghborhond Cd : 4TId 161ktTotal ; $110,1 BO :ana Use :9204 Tns,Publi�School Diatrict MSO Assd Total : I�.¢ga1 :ACRES I4.69,NON-ASSESSA23T..E ib lmpmved : 99-UO r�� � ExemprAmounr ; 3].l0,iso Exempt Type :�xempt ' Levy Cade : 02374 Millage Rate : 14_0599 I PROPERTY CF[ARACTERISTICS 8edrooms ' ,Lot,�cres : 14.69 Year Built . I Dathroonts . I ot.SqFt : 639,896 �BYearDlt . Heat Method _ Bsm Fire SqFt . Floor Cover . !'ool . Bs�m (Jnfin S'yFt : Foundation _ I�pn�pan�C,� , Ds»s Low SqFr : Rnnf'Sicape . Uishww•hcr . ,Bldg SqFt l2uofMatl Hood Fan . 1s1 Flr SqFt _ InteriorMat . Deck . Upp�Flr SqF� : Paving 1l�atl - IGarage T�ye . Por,ch SqF� . Consr T�pa . Garage SF , Attic SqFt . �Yt Finish Deck SqFr . � This title information has been fumished,without chatye,in toniormance with the guidelines approved by the Shate of Oregon Insurance Commissioner. The(nsurance Divislon cautlons intermediaries that diis seMce ts deslgnea to beneht�e ulslmace insureas. tnaiscfiminate use anly benufiGng internieaiares�nrll no[ba pecmltted. Said servicw rr�ey ba dlacontlnuod_ No Iiobility i�a.�umod for any enora in thiz report. FROM �FIRST AMERICRN TITLE 2000 '�-07 12:41 #611 P.04/07 �,� �.ME ��c �~� '�. First American Tifle lnsurance Company of �regon � �� Washington(OR) I Prcparcd For Prepared By:JOF.L WASMANIv Customer Service bepartment 1700 SW Fourth.Avernxe - Portlan�Oregon 97201-5512 Phone:(503)222-3651 Fax:(503)790-7872 � OWNERSffiP INFORMATION awner : School Dis�'ict#23-J Ref Parcel Numbcr : 1 S 134bT�01000 'CoOwner :Washington;C7ackam T:O1S R:O1W S: 34 Q:251 Site Address : 'Na Site Ad�css* Parcel Number :R1108973 A�lail,4ddr��s _ 13137 SW Ps�ific Hwy Tig�r�l Or 97223 �la�Number : ,Teleplwne :Owner:503-620-1620 Tenanr. County :Wasf�fngton(O�t) SALES AND LOAN INFORMATION IZ}.�fp�.ed . Loan Amount . Document# :80033695 Lender : SalePrice : 550,000 Loan Tt�pe . IDeed Type . .Tntere�t Rate _ o/,pµ,ne�j , Yesling Type , � PROPERTY DESCRIPTION ASSESSIVIENT AlYll TAX Il�IrORMATION Map Page&Grid MktLand :$231,300 'Census _' Tract: Block: MkiStn�cture . SuhdivisionlPlat . MklOther . Neiglibo�hood Cd :4TIG Aiki�'otal :$231,300 'Land Use :9Z04 Ins,Public Schoal Di3tricc MSO Assd Total : Legal :ACRES 7.71,NON-ASS�SSABLE °/n lmpruvul . 99-00 Taxes : Exempt�mount :$231,300 I Exempt Type . :Exempt Levy Code :02374 Millage Itate : 14.0599 1 PROPERTY CHARACTERIST[CS IBedraoms . Lot Acrrs : 7.71 2'e.ar Buill . Bathroums . Lot Sql�c :335,847 EfJYe.ar.Rlt . �il�eatMethod . Bsm Fin SgFt . Floor Cover : paal . Bsm Unfin SqFr : Foundation �ppliances . I�sm Low SqI't . Roof Shnpe • �7ishwctsher . ,81dgSqFt . RoofMatl . �Hood Fnn . Ls�Flr SqFt . I►tteriorMat : Deck . Upper Flr SyFt ; Pavii:g Matl . Garage Type - Porch SqFt . Consi Type . Garage SF . Artic SqFt . Ext Finish . Deck SqFt . This dde Information has been fumished,wlthout charge,in confonnance with t1►e guidellnes approved by the State of Oregon Insuranoe Commissioner. The Insurance Division cautions Intertnedlaries that Ihis service is deslpned to bonafit the ultimate insureds. IndlsCrlminate u5e . . �.. . . .. . ..� .. �. � �. .� ....�__. ___..�_ 1.____a._.._� •���I��:I�r....�..�.�...�J<.....�.,wrw.��w 1.��hl��n�n�! FROM 'FIRBT FMERICAN TITLE 2000 �-07 12�R0 #611 P.03/07 ' „ ... .... �T,�.��. .�F'.. i� . . .. � �..����.:'.I^ ,��•� :'�{i,:k!.-. 'reY� i�' ,_�; . r �1 ;ITI�I: ,. _ _.. �.--- ��;�iPANY � ,� ��7d�1 1m10i/ ALL 1� 84 ZtDtse PRSS�s. Thae JOIQI A. GL�DBX6 6od ` � �spgy NpxTt�A GLId1SC8. hueband md rife. 6creinafte� c811aa Graacvr, for t1+e coeald�rit�'nere��� ewney. Ore�ee� hai�oiaafterc��auea DTeTltzGi ft� �T seli and oonvey unte eaird Gr.acea, grsu�tse. does h�eby grant� basg�aip', p�eperry �icb ehe cena- iCe Ouecaeeos� ewd �s��� ��r��tY Ch�into 6e1an8iog � ap_ meace �.eea�ieamooes gPP� ���oq. situeted in the Couney of Vsshi�too �a s�au oi oreg�, S�soribad as follore: The Weet one-half o! the £ollaaiu6 dee�=ibad Of�e NOCth lu�l.t�oEgt�e Joliu i H�icktlia$D�oaaeio�ne y� �lsi.o�� in Seeti� 34. Z�Bh�P 1 Sau�t1�. ltaol4� 1 ►.teee, Ail:aootta lterf+d�a.23�06-1/2 �1+siaof�sah- 1ogCoa end State of OrcB � ei,.��ie�ii+e�rua�n�i� �t+�aca North paralal vith lthe f Wese llne�of said claia 15�10-1/Z ehain• co chc gas��en aisl eetlte line,6h62 ch83ns,diae►ea�Swtlt per81].el aith che Veec line of e+� c7■ia 15.07-1/2 ehBSAS �o che Soqeh 1�� of 9aid Not��+ haif of elaia; tti��Qe yt.o� nn eh� South llne 6.62 ehslna to the pl�ce o! beginning. • g��g,�g� Tp ane.mee�s, cosditlons and raa�riceions of publie reeo=d. rp �y$ 11ND TO H01D the eBmo unto 68LC Grancec and Creet.a'o sucee9eore �nd �seigns [vraver. A� Baid Greneer hereb eovonente �o and �ich e•sd �T"^e�e, i�te ia ofeehe�aba+� se�ced �mises,tfree�Esomfally�•e��Yemcesea g7c� AS A80V6 S?AT��� PT���p°��d �e�.arY ��a P�el Chereof defendent the �DOVect�i�ms aad ddma�� of all ersone vham�oevst, ax- egaiaet the lAwf� m� e�ro�vmbre��s• cept thoee elaLaloB aoder ehe above d��Y a� for this aaeweer, t1,s rrue and aatual copsid�9001oo.P ocated in tetme of dollaca io.$21, �riTllege g�ranemre' hand• chio �.d�Y of l4ry� 1969. r l` , SB/►L i ' • s � IJ � �'y STATB � oRBGO11 � ss. H87 �' ,^.1969. . �rey eE Wa�bio8con ', . :� �: 8ersoasll� appen'ed thw vl.tbia 1tiBmC8 JGkQ') A. GI/�L1�C8 sRd 11A�7C .. 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To N��v�nd le Aa�M fN wn�umo tM vid�radw ud M����Iw+n,w�dr.o.. , . � TfM Hu��nd�tNd Comidrdlon O�d!ar tN�HMN�r.u�M In MM al dollm.0 1�.0�.lu , m/iavw,w,Mf,�1�1,,,�rwYr�w�lr►��r . . w`r/wl�rq`�""'�"'t"� �.��wn f I�diar�rhkh).m�T►r�w...e.wwn�M w.rd.9,n���++ti rr.0 w�+..+v��ws��o�o� � fn eawfrulM IN�Md rd�hM►M cqWa�n npuihl,fh��nl�lw U�e/udM Ur alur�l ad�ll�r�mnvi � aA�nN��fWl 6�l�npll�d fo T��v lfr DAt.�MIM�/rnd�OPIY�W�II►lo rou�o/Nr.rm nd�n�.rl�►Wua/� In W11rra WM►wl.IM���r M.���ed fN�IMf M 1M� �Yr��I�r iJ Japtwb�[ 1 w0U , if�cwn�aN YWw.�I lu�r.�rd���iumr�u Ow��r..d■ JfeNr�.Julv w�llona../il�tiro ts . . ordar ol ilr ANed�l d�r�ln�. . ���At,��-. -- � .. i � I T��"'n"�• . � � SrATd�OAA00/I. ) STATf.0/OR�OON.Can�r�l �� ' . . � Uwnf►J Y10�1G�[O� ��. .�r . n.....1fr w�.rwr r� ? � $EDLOYbCC ��. ,u 00 . .�a �i�/.+►wwn► � ..re a ne�r.n w,.•,,...�.. rir.�n...ur e rrr w n.w r�r � l�.�.�..Yr w�d Nr.e...1ri.r - �.�Y.r r/rr�waw.��• . i a«Ni1M�.TAY6Ad�ET �e+Er�d ..r�r.w.a � W dti.Mre ei h*�!w(��Mru. .+//:.l�h rl.UI•.1�n rJr V./.MI F�rwu�1��ti a�.r� . ...r ro D� f1.Ls .wlrwM.wr�w+.r+�. 1.W a+0+•14'..d M.�rW 1�ti���Wr/w�1�I M 0► i 1rY�1 rwl.'dOrNlr��r/A�Nf M U�LriJ J����I �hw�r..wlwl/d rI M�M.w�r w M N n�w�r► u.M.. •/ � .Y� /`•L ��. b.�...,... rp�.rc�,� ' (onrc��e. 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P P ... . ,..«� y`�. � w�c:=., ...���:� • L � . . ... � .�;ticT.i:..,:>��iGC._i:t�l��.2i[:3F+5 , .., . _... . . � •- • -- - FROM �FIRST AMERICAN TITLE 2000 07 12�41 #611 P.06/07 , . � ,—r � � _a ,1 ,�� � " �, ,x,� F� • • ,� �j� ' � , �;��t ' ..c' � � � �.�."��'.����� . '��•.•' ' '', �' i. � '1 - - . - ,` .'�: t. � E7WIPT* "A" � �e follo�in6 OaeeriDea traat ot lmd bcin�r eiousted in Sectfon 34 ' i p�nd 35, 1�shlp 1 Qonah. Eisn&e l M�at, villao�etee yerieian, Citv af T1Bard� Yubington �ounLy. OreBo�: , Segianir.g at a paini on LAe Sauth lina .ot tne Noreh nslf o! �be ' • dpqe� L. 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L � FROM 'FIRST AMERICAN TITLE 2000• --07 12=R2 #611 P.07/07 19 1 34DD 1 S 1 340D .��r,r..� s' ,�. .i.�:'i ✓,'!'x•',1 '�v',�`C:'i: l!� .:"`�.TC:�� �. {:y�:�:�'�C�:r'�:ti':%�`;4:.�r�l,t rti^'���. ^ ...; .:' .: .y r, � : . . : r: 4'',.;« .?i T'v� f z �s, ;: "�.�-,�j.;�; :� :< <�:'� .`�• •.!, y f r.•.. l�.r �i �}�.�(ti� ,� t 'P1. �L �. ��`i�h,�l 1,.;�, �/j ,:�-'� ''r��.'�''�l�r�,.��'F� - �J4�ti;>; rifti .L1;. �'�` x',�''i,}'�f'��.`� ':'\�^f�'"'�~�'7�:\�!�. ;!'R�.���. 'MwL, 1 �� �� '�:.J.:i�H �� i\' ".•'���'J• ' .v�:r'�ti' '�ti' � .'�b.����)(. �c'r,� �i. �ti� r;.� ���C��� :t. Y R yl�!1� f.�,Y.fK�J �.�. � J . 1r�V�i•:1..X. �� � ,M�.'R i�� . ,�. k. . �!'`:'�!,�. _ ::.�.r�:C_ ..K y:.ti. �1.?=.," ':�y x��r •�� ' �� .TC'� ,��`4'`.�r ,�� .ti.�}k}`' �, �� � ' •� ,J�ti'•'� } rj� .i:�:�i� �.� �.4 r 1 ,*`�Y �:�`;�T'fi � � .� .I' '°� 'r .�� '.� ,:='=�;�L': r,}r'} w � � '1�� �� :iF�:A'E`�y�'•�' ;��. w. J hY.�,x'���, m w d� � � ,�� ,�• I4 ,,� �• � . � ' 1 WABNINGTON COUNTY ORE00N ���ry nr � 1 li1NYC11�biR�3�nfa��vw�r_ �'�;' i - / v.�.. �u�ei--ioo' '�: � ;� --- � � �� �� I+1 � � p�`~ �a � i:l:'A :f� '. t�v_ }I ' ! 9► � ' sw • � . .,.,,s � "'" � n.,�••.,•• nQA� sTREET � � iCR 91e1 . �:;~tix� -� ! .�y.� � I 23-7� n. � hrX��:� � � �, . �-.�, - �; <,.�:,��� , , "�� "���t I ' I . '-h . �y�.,�3•,i� i i . ,-1'=�`„��������,-!�;�i.-�i; '�f��J. �.r____��....�� ��__��___ .Y 7Y• �'�� : n. _� � I Mr "� '�� ,,I��C� ���7C-i F�,'.'C\� r v'tl'� � I :�`:�t;`�� I i � �;%'b'::��'v;;`:;�u�.;�: 1: ��\�� I � � _ "'� .. :��,° m �r;r � I I � �.;� ,�,„, y�• I I / 4!;l�?:• '�,;l�'`�S I � I ! +�y '`- � ='.: �_��v. ,��,�;,�.:r � al� : � ; o...,.......,r.,.,M� �y;�Y - I �� � ` ,� -�•�a , v. .;Xi�� � I �I \1r ��:��k � " � 5... I ----..,r--- ��.,�•:r � � , s � �•:�.�::. , , s�� ., � � , ,�::- �'�1J�.,�'ti I I I ,•r A�Q�a�m�n4 t"�:�:c.'�.<�('�-; � I ,.s �,_�4V-TJ I I ` rr 1 I T a n a 0 I e n �,�S�•�: I f ROT O1wTC :-:�.�>:�`; I I ��n.�e.�oee �pw FOR�aeE.BaY2NTPURP08CS �~\,r'���.��: I � � '�� ��cOo QTtiEa�USE� �}�:_1��•.'�: � � � I 1S 1 34DD �S�7L�4Dp 3 1 I I I I 1 . I � DRAFT 5/3/00 10:34AM After Recording Mail To: � Michael Robinson STOEL RIVES LLP 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION AND COVENANT is made this_ day of , 1999, by TIGARD TUALATIN SCHOOL DISTRICT, an Oregon nonprofit corporation, hereinafter referred to as "Declarant." WHEREAS: A. Lowe's HIW ("Lowe's) has received a Division of State Lands ("Division") permit, permit number RF-16790 (the "Permit"), which is attached as Exhibit A, and a U.S. Army Corp of Engineers nationwide permit 26 to place approxirnately 13,000 cubic yards of material for construction of a hardware and garden store located at Highway 217 and 72nd Avenue, the former site of the Phil Lewis Elementary School in Tigard, Oregon. One of the conditions of the Permit is that Lowe's must offset the loss of the wetlands and other natural resources by providing compensatory mitigation. B. Parcel A, which is described and attached hereto as Exhibit B, has been accepted by the Division as an acceptable compensatory mitigation site for the Permit. C. Declarant is the owner of the real estate described as Parcel A. D. Declarant and Lowe's have entered into a Wetlands Mitigation Easement Agreement, which is attached hereto as Exhibit C. E. Condition 11 of the Permit requires that long-term protection of the mitigation site be provided by a restrictive covenant on the property. Portlndl-1173395.1 0021097-000065-�-2000�70:�4AM) I F. This Declaration of Restrictive Covenant is intended to fulfill the requirements of condition 11 of the Permit. NOW THEREFORE, in partial consideration of the Division's issuance of the Permit, the Declarant hereby declares and covenants that: 1. Declarant and its successors agree to restrict the use of Parcel A to compensatory mitigation until such �ime as the Permit is modified, suspended, or revoked. TIGARD TUALATIN SCHOOL DISTRICT, an Oregon nonprofit corporation By: Name: Title: � Subscribed and sworn to before me this day of , 1999. j Notary Public for Oregon � My Commission Expires: I I 1 _� � _� � Portlndl-1173395.1 0021097-000065-3-2000(10:34AM) 2 1 LHIW4001-0001 PNS - -- - -- ---- — - q�/14/00 Legal Description . Wetland Mitigation Site �'owler Midclle School - Luwes Hardware A tract of land situated in the Southeast Quarter of the Southwest Quartar of Section 34,Township 1 South, Range 1 West,Willamette Matidian,in the City of Tigard,Washington Cnunty,Oregon and being a portion of that pxoperty described in a Bargain and Sale Deed to School District#23-J,recorded on September 24, 1980 as Document Number 84033695,Washington County Book of Records and being described as fallowe: Commencing at a centerline monument at southwest Tigard Street and southwest Tiedeman Avenue;thence North 88° 18' S8"West, a distance of 397.81 feet along the centerline of SW Tigard Street;thence South 1° 41' 02"Wast, a distance of 20,00 feet to the right-of-way and the TRUE POINT OF BEGINNING of this description,theuce leaving said right-of-way South 52° 30"04"East,a distance of 19.20 feet;thence South 6° 26' 46"East, a distance of 35.17 feet;thence South 0° 52' 31"West,a distance of 36.93 feet; thence South 33° 07' 10" West, a distance of 100.19 foet;thence South 4]°45' 23"West,a distance of 98.40 feet;thence South 11° 37' 23"West,a di�tance of 82.15 feet;thence South 32°02' 48"West,a distance of 304.44 feet;thence North 70° 25' 10"West, a distance of 49.52 feet;thence North 22° 14' 04"East, a distance 123,65 feet;thence North 61° 38' 14" West, a distance of 48,19 feet;thence 5outh 90° 00' UO" West, a distance of 66.77 feet; thence North 9°28' 07"East,a distance of 8.30 feet;thence North 55° 43' 53"FasK,a distance of 125,1 S feet; thence North 3°21' U9"West, a distance of 63,66 feet;thence South 83°27' 25"West, a distance of 255.73 feet;thence South 4°26' 38"West, a distancc of�2.07 feet;thence North 85° 50' 36"West, a distance of 51,32 feet;thence South 10° 33' 20"West, a distance of 95.27 feet;thence South 87° 39' 38" West, a distance of 35,54 feet; thence North 0° 55' 11"Last, a distance of SU.1 S feet;thence North 85° 48' 20"Wast, a distance of 40.83 feet;thence North 56° 27' 08'West, a distance of 90.27 feet;thance North 2°22' 47"East,a distance of 181.47 feet;tb:ence North 66° 16' S6"East, a distance of 102.73 feet;thence Nnrth 89° 50' 23"East,a distance of 129.45 feet;thence South 63° 59' 36"East, a distance of 27.49 feet;thence North 82° 37' 07"East, a distance of 45.64 feet;thence South 84°22' 02"East,a distance of 106.40 feet;thence North 67°22' 39" flast,a distance of 145.37 feet;thence Nnrth 85° 48' 26"East, a distance of 90.88 feet;thence South 55° 06' 57"East, a distance of 48.78 feet;thence North 81° 27' S3"East, a distance of 76.25 feet;thence North 22° 09' 48"Fast, a distance of 49.83 feet;thence North 8° 17' 47"West,a distance of 44.71 feet;thence South SS° 18' S8"East, a d.istanco of 6.21 feet to the TRiT�POINT UF BEGINNING, The tract of land to wlrich this descriptiun applies contains 183,1b0.6 square feet,more or less. � v� REOISTERBD PROFESSIONAL LAND SURVEYOR ORE�ON �u�� �. iget PATRICK N. SMITH 2526 o:\projectVlIhiw00011surveyuegal.doc RENEWAL 6 30 ' � I � I � I � S�j, i TiF�� Po��vY oF '�qN BEGINNiNG ,q� ' � F scHOO� � � ��F W I�� � pISTRICT � W � #23�J � � �OC, N0, 80d33695 � � �I � � � � � \ � Z � J 0 � � � � � � � � , ' � I� � � a � � � I I � � � 0 100 200 4Q0 - PR°��' EXHIBIT B 9� �� � ,.���;;i�`� , �'`� WETLAND �IIIITIGATICN SITE ,��'`1•��,L�I � � �. �� : .:.;�,. FOWLER MIDDLE SCNOOL - „ � OP I � ( . AP M ���' SCALE A�NDA[�NT N0. �.�.i �.�iy:i '"3�..��r:':;�. DYfG. RER. ARO.fECT " � � LHITIEXI LHIT0001 1 =2�� �.0 v�►wrt aY DESIGN BY PNS p � D4T 14 2000 BxA PNS DRAFT 5!3/00 2:34PM AFTER RECORDING, RETURN TO: Michael C. Robinson Stoel Rives LLP 900 SW Fifth Avenue, Suite 2600 Portland, Oregon 97204-1268 WETLAND MITIGATION EASEMENT AGREEMENT This Wetlands Mitigation Easement Agreement (the "Agreement") is made and entered into this day of , 1999 by and between Tigard Tualatin School District, an Oregon nonprofit corporation ("School District"), and Lowe's HIW, a Virginia corporation ("Lowe's"). RECITALS A. The School District is the owner of the real property located at the site of the Fowler Middle School (the "School District property") in Tigard, Oregon. B. Lowe's plans to construct a hardware and garden store at the former site of the Phil Lewis Elementary School in Tigard, Oregon. The development of that site will impact wetlands located on the property. C. Lowe's has received authorization from the Oregon Division of State Lands and the U.S. Army Corps of Engineers to fill and otherwise impact the affected wetlands and unnamed tributary of Red Rock Creek. In partial consideration for such authorization, Lowe's has agreed to conduct compensatory mitigation. D. On February 25, 1999, the School District voted to allow Eagle Hardware and ; Garden Stores, now Lowe's, to enhance the 3.1 acres of wetland (the "Mitigation Site") ; located on the School District property, as compensatory mitigation for environmental impacts to wetlands and other natural resources. E. Lowe's desires to obtain an easement and perpetual covenant on that portion of the School District's property consisting of approximately 3.1 acres that is more particularly described in Exhibit A in order to implement and administer a wetlands mitigation project. Portlndl-2035502.1 0021097-00006 � � 1 F. The School District does not plan on developing its property and has dedicated it to wetland enhancement projects. AGREEMENT NOW THEREFORE, in consideration of$62,000 paid to the School District by Lowe's, and the recitals and mutual covenants and agreements set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings: 1.1 "Compliance Period" means the five (5) year monitoring and maintenance period for all wetlands mitigation work performed on the Mitigation Site pursuant to the terms of the Permits, as such monitoring and maintenance period may be validly extended or reduced by any applicable Governmental Authorities. 1.2 "Corps" means the United States Army Corps of Engineers. 1.3 "DSL" means the Division of State Lands of the State of Oregon. 1.4 "Easement" has the meaning set forth in Section 2.1 below. 1.5 "Governmental Authorities" means any federal, state or local governmental or quasi-governmental bodies or agencies having jurisdiction over the Mitigation Site or the Mitigation Work, the Monitoring Work or the Maintenance Work. 1.6 "Governmental Requirements" means any laws, statutes, ordinances, rules, or orders, requirements, resolutions, policy statements and regulations of the Governmental Authorities bearing on the performance of wetlands alteration work, the Mitigation Work, the Monitoring Work or the Maintenance Work and the requirements of the Permits. 1.7 "Maintenance Work" mens all maintenance and replacement of and/or additions to the Mitigation Work that is required under the Permits or as otherwise may be required by any applicable Governmental Authorities. 1.8 "Mitigation Site" has the meaning set forth in Recital E above. 1.9 "Mitigation Work" means all work required to grade, irrigate, plant, construct and install the improvements contemplated in the Plans and Specifications and any other work required by the Permits. Ponlndl-2035502.1 0021097-00006 1.10 "Monitoring Work" means periodic review of the Mitigation Work and reporting to the applicable Governmental Authorities that are required under the Permits or as otherwise may be required by any applicable Governmental Authorities. 1.11 "Permits" means the Section 404 Permits, Section 401 Certifications, or Removal Fill Permits issued or to be issued to Lowe's by DSL, the Oregon Department of Environmental Quality and the Corps, as applicable, including all exhibits, schedules and attachments referenced therein and made a part thereof, and setting forth, among other things, the terms and conditions upon which the work contemplated in the Plans and Specifications my be performed on the Mitigation Site. 1.12 "Plans and Specifications" means the Mitigation Plan (Revised), prepared by David Evans and Associates, Inc. ("DEA"), dated November 12, 1999, establishing plans and specifications for the creation, enhancement and restoration of wetlands to be constructed, installed and planted on the Mitigation Site, with such changes and additions thereto as may be submitted to or be required by the Corps or DSL in connection with issuance of the final Pernuts. The Plans and Specifications are set forth in Exhibit B. 2. GRANT AND PURPOSE OF EASEMENT• OWNERSHIP INTERESTS 2.1 Grant and Purpose The School District hereby (a) grants and conveys to Lowe's, subject to the terms, conditions and covenants set forth in this Agreement, (i) an exclusive easement in gross on, in over, across and under the Mitigation Site for purposes of performing the Mitigation Work, the Monitoring Work and the Maintenance Work and (ii) nonexclusive easements in gross over and across those portions of the School District's property that are described as the "Access Easement" in Exhibit B for purposes of vehicular and pedestrian ingress and egress to and from the Mitigation Site (all of the easements described in clauses (i) and (ii) being collectively called the "Easement"), and (b) covenants with Lowe's to preserve the wetlands in perpetuity or as long as the wetland site is considered waters of the state as deFined in state statutes. 2.2 The School District's Warranties The School District warrants and represents to Lowe's that (a) the School District has full power, right and authority to grant the Easement and Covenant; •I (b) the Mitigation Site and the Easement are free and clear of all liens and encumbrances; and .� �:t PoNndl-2035502.1 0021097-00006 �� � (c) the Mitigation Site is free from contamination by hazardous or toxic substances and materials (as defined by any applicable federal, state or local law) and is otherwise in compliance with all applicable environmental laws. 3. TERMS AND CONDITIONS OF EASEMENT The Easement.is granted upon and in accordance with the following terms, conditions, and covenants: 3.1 Mitigation Work Upon issuance of the Permit authorizing performance of the Mitigation Work on the Mitigation Site, and provided all other applicable Governmental Requirements for commencement of the Mitigation Work have been satisfied, Lowe's intends to perform the Mitigation Work on or before . The Mitigation Work shall be performed by Lowe's at its sole cost and expense, in substantial accordance with the Plans and Specifications � and in compliance with all applicable Governmental Requirements. Lowe's shall provide written notice to the School District of the date of completion of the Mitigation Work, and of _, the anticipated commencement and ternunation dates of the Compliance Period and any material changes in such dates. _�, 3.2 Monitoring and Maintenance Work Lowe's, at its sole cost and expense, shall perform all Monitoring Work and •� Maintenance Work required to be performed during the Compliance Period. Notwithstanding the foregoing, the School District shall be responsible for any repair, maintenance, replacement or other work required to be performed on the Mitigation Site under applicable " Governmental Requirements to the extent such work becomes necessary as a result of acts or omissions of the School District or its employees, agents, contractors, invitees, or licensees. " 4. GENERAL PROVISIONS 4.1 Assignment ai Lowe's shall have the right to transfer all or any portion of their interests in the �� Easement and to delegate their corresponding duties under this Agreement, subject to the terms, covenants and conditions of this Agreement, so long as the transferee or delegatee expressly assumes the transferring party's duties and obligations under this Agreement. The �� School District shall have the right to convey or otherwise transfer its interest in the Mitigation Site to any third party subject to the terms, covenants and conditions of this Agreement, so long as the grantee or transferee expressly assumes the School District's duties and obligations ��; under this Agreement. No such transfers shall relieve the transferring party of any liability or obligation incurred prior to the date of transfer. ��� Ponlndl-2035502.1 0021097-U0006 11; � 4.2 Waiver; Waiver of Certain Defenses No provision of this Agreement shall be deemed to have been waived, unless such waiver is in writing signed by the waiving party. No failure by any party to insist upon the strict performance of any provision of this Agreement, or the exercise of any right or remedy consequent upon a breach hereof, shall constitute a waiver of any such breach or of this Agreement. . 4.3 Attorney Fees If any arbitration proceeding, suit or action is brought by any party arising out of or related to this Agreement, the prevailing party or parties shall be entitled to recover the costs and fees (including, without limitation, reasonable attorneys' fees and costs} incurred by such party or parties, including those on any appeal. 4.4 Further Assurances The parties each agree, at the request of any other party, at any time and from time to time after the date hereof, to execute and deliver all such further documents as may be reasonably necessary or appropriate in order to confirm, record or carry out the provisions of this Agreement. 4.5 Headings The section headings in this Agreement are included for convenience only; they do not give full notice of the terms of any portion of this Agreement and are not relevant to the interpretation of any provision of this Agreement. � 4.6 Equitable Relief The parties acknowledge that the uses provided by this Agreement are unique and that money damages alone for breach of this Agreement are or may be inadequate. Any party aggrieved by a breach of the provisions hereof may bring an action at law or a suit in equity to obtain relief, including specific performance and injunctive relief. _ 4.7 Severability Any provision of this Agreement that is deemed invalid or unenforceable shall be • ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable the remaining provisions of this Agreement. , � Ponlndl-2035502.1 0021097-00006 i 4.8 Successors and Assigns; Other Users This Agreement shall bind and inure to the benefit of the School District and Lowe's and their respective successors and assigns. The obligations of Lowe's hereunder shall, as between the School District and Lowe's, be joint and several. All references to use of the Easement granted to Lowe's in this Agreement shall also include use by the agents, employees, contractors and any other persons or entities similarly related to each party comprising Lowe's. 4.9 Governing Law The parties intend that this Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. 4.10 Notices Notices required to be in writing under this Agreement shall be given as follows: Mr. Donald E. Winn Lowe's HIW 1530 Faraday Avenue, Suite 125 Carlsbad, CA 92008 Mr. Ron Hudson Tigard-Tualatin School District 13137 SW Pacific Highway Tigard, OR 97223 All notices or other communications required or permitted hereunder shall be in writing, and shall be (a) personally delivered (including by means of professional messenger service), which notices and communications shall be effective upon receipt at the office of the addressee, (b) sent by registered or certified mail, postage prepaid, return receipt requested, which notices and communications shall be deemed received three (3) days after deposit in the United States mail, (c) sent by overnight delivery using a nationally recognized overnight courier, which notices and communications shall be deemed received one (1) business day after deposit with such courier, or (d) sent by facsimile, which notices and communications shall be deemed received upon the deliverer's receipt of a transmission confirmation. 4.12 Counterparts The parties may execute this Agreement in two or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the � same instrument. Portl nd 1-2035502.1 0021097-00006 4.13 Exhibits The Exhibits attached hereto are incorporated in this Agreement by reference. IN WITNESS WHEREOF, the parties have caused this instrument to be executed the date and year first set forth above. TIGARD TUALATIN SCHOOL DISTRICT: TIGARD TUALATIN SCHOOL DISTRICT, an Oregon nonprofit corporation By: Name: Title: LOWE'S HIW: LOWE'S HIW, a Virginia corporation By: Name: Title: Portlndl-2035502.1 0021097-00006 �cn � APPENDIX C VEGETATION REPORT Land Use Application June 9,2000 Lowe's Home Improvement Warehouse, Inc. Appendix C Water Resources 18.797 Vegetation Report Background The subject project is for mitigation work to offset the anticipated impacts to wetlands associated with the Lowe's Home Improvement Warehouse, planned for construction at Highway 217 and 72"d Avenue. The mitigation plans have been approved by the US Army Corps of Engineers(COE#99-199) and Oregon Division of State Lands(DSL FP 18352). The proposed mitigation project consists of enhancement of 3.1-acres of wetlands along Fanno Creek at Fowler Middle School,just upstream of the confluence with Summer Creek. The mitigation site encompasses a section of Fanno Creek and the adjacent wetlands. The wetlands are dominated by reed canarygrass, an invasive non-native species. The mitigation project will enhance the existing wetlands by removing reed canarygrass and revegetating the area with native vegetation. The mitigation planting will establish ash forest, willow shrub,and mixed emergent communities similar to adjacent native wetland areas. Additionally, along approximately 400-linear feet of Fanno Creek streambank native vegetation will be established to increase shading, decrease stream temperatures, increase bank vegetative structure, and enhance bank stability. Existing Conditions The majority of the Fanno Creek floodplain and wetlands is dominated by non-native reed canary grass and meadow foxtail. Slough sedge, wooly sedge, and leafy beggar's tick were observed. Limited trees are located along the west bank of Fanno Creek, and are primarily Oregon Ash. The southern portion of the tract contains an existing Oregon Ash forest with a few Hooker's Willows, and ornamental I�awthorns. The edge along the forest contains Himalayan Blackberry, clustered wild rose,pacific ninebark, red-osier dogwood, Douglas spirea, and sedge and rush species. Reference Fanno Creek Trc�il Wetland Fil/and Remova!Per�nit Application for Ciry oJTigard, Oregon, by Fishman Environmental Services dated November 18, 1999. Refer to sheet 4 of 6, Mitigation Planting Plan for location of existing vegetation, and proposed planting. No reduction or modification to the riparian buffer is proposed. Proposed Conditions The mitigation project will include removal of non-native reed canary grass,revegetation with native herbaceous, shrub, and tree species, and provide additional fish and amphibian habitat in the overflow channel. The overflow channel as a part of the mitigation, will be constructed adjacent to Fanno Creek. Refer to sheet 4 of 6, Mitigation Planting Plan, for location of the overflow channel and planting areas. The channel has been aligned to not impact existing Oregon Ash trees. The overflow channel will be bordered with sediment barriers and tree protection fence. The native plant species chosen were selected based upon the existing Oregon Ash forest and similar wetland sites within the Fanno Creek basin. The mitigation construction is proposed to take place during the summer and fall of 2000. The overflow channel will be constructed in July or August during the instream work window. The planting will take place during the fall of 2000. Appendix C 1 June 8, 2000 Vegetation Report Recon:mendations The mitigation site is required to be monitored for five years by the joint DSL and COE permit. A Monitoring Plan with a Contingency Plan is set forth in the permit application attached. Planting densities are based upon 200 trees, 300 shrubs an acre with an expected mortality rate of 20 percent to meet the required 80 percent survival rate. The density of emergent species is also based upon a 20°/a mortality rate in determining the total quantity of plants to be installed. Three quadrants will be set up for monitoring purposes. Recruited desirable native species will be included in the density and survival rate. Contingency for less than 80 percent survival will be to replant the required number of plants per strata to reach the 80 percent goal. Long term protection of the site by Lowe's and the Tigard-Tualatin School District will be provided in conformance with OAR 1412-85-I55(14). � �. �� � � y "�' � � " �� [`Z:3 �� +�„ L �.,t ��-••� . ''$.,, i . �, y . r ,� .,..k , t: '.1.•� - __ , ���t.- �._ ,�"'"`"� * `�'�y����;" , :i ?4„ , �,, ' �, ��..-'. ( c r�. �,y�— b:•T � �' �� `�'.P d^`_' ' . � �* F'���'�����f � ��:�� .�'� �T�� •�� '�'��fi �' s}�� � �5,7 Y� '��+W °� °i,� ��G .�.; �` �`�7 R!}.��.�"���_: '� .� , �.�,y . ... � � ., V'..-. ,� n : .' _ .., � . �i �"`�'.��g s'�� �,��Y �^3�'' � . �t k, �.,.,: �, F �. �� �' d n.✓,F,`.' .. . .. �yy � �4� � '4 ! f °"A' �ry�6 �` � � '��� �'�e�.� � ti �. . ., h� 1 1�A4 .+��.��. � �,y.�p � r*"°# » � � . � � ,`;�������+�€'f 3 T`'$�� � u.4 } �Y $ � sa�,ts� . ��p a3 �'' � � ��,�: i �r,y _v;� � � ��`"` '� 4�"���v�`*���� ����'. �, ��;, � � �a y�;y �, s�`�� � � ��.�r�c4,�...s�m j� .°a '��� ��a �ti .y ��?��� ,j, ��„ � ±�����•�"�3�.8'� ,j�,,,3 Photograph I —View of site vegetation from Fanno Creek near SW Tigard Bridge. o:\project\IUhiw0000-0001\!dces\905-miti\veg-rpt.doc Appendix C 2 June 8,2000 Vegetation Report APPENDIX D PRE-APPLICATION CONFERENCE NOTES Land Use Application June 9, 2000 Lowe's Home Improvement Warehouse, Inc. � CITY OF TIGARD� LAND USE APPLICATION CHECKLIST Please read this form carefullv in coniunction with the notes provided to you at the pre- application conference. This checklist identifies what is required for submittal of a complete land use application. Once an application is deemed complete by Community Development staff, a decision may be issued within 6-8 weeks. If you have additional questions after reviewing all of the information provided to you, please contact the staff person named below at the City of Tigard Planning Division, (503) 639-4171. Staff: Date: 1. BASIC INFORMATION ALL LAND USE APPLICATIONS REQUIRE THE FOLLOWING: � Completed Application Form with property owner's signature or name of agent and letter of authorization � Title transfer instrument or grant deed � Written summary of proposal � Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) � Two (2) sets of stamped, addressed #10 envelopes and a notarized mailing list of all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (#10), addressed with 1" x 4" labels (see attached envelope submittal requirements) � Documentary evidence of neighborhood meeting (if required) � Impact Study per Section 18.390.040.B.2.(e) � Copy of the Pre-Application Conference notes � Filing Fee 2. PLANS REQUIRED In addition to the above basic information, each rype of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (Section 5 of this checklist provides details on what information to include on each plan): ��icinity Map 0� Preliminary Grading/Erosion Control Plan E9' Existing Conditions Map ❑ Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan � Tree Preservation/Mitigation Plan f7-' Site Development Plan ❑ Architectural Drawings ❑ Landscape Plan ❑ Sign Drawings ❑ Public Improvements/Streets Plan 3. NUMBER OF COPIES REQUIRED The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR AN APPLICATION SUCH AS YOU ARE PROPOSING THE CITY REQUIRES ,/8 COPIES OF ALL APPLICATION MATERIALS. City of Tigard Land Use Application Checklist Page 1 of 5 X 4. SPECIAL STUDIES AN� .�EPORTS � Because of the nature of your project and/or the site you propose to develop, THE FOLLOWING ADDITIONAL STUDIES WILL BE REQUIRED. These studies must be prepared by certified professionals with experience in the appropriate field: ❑ Traffic Study ❑/ Local Streets Traffic Study H Wetlands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Storm Drainage System Downstream Analysis ❑ Preliminary Sizing Calculations for Proposed Water Quality and/or Detention Facility ❑ Geotechnical Report L� Other _� 'on OI4n #9�v 4�tr r�do��5 �covr'�d�iv �S. 797� 5. PREPARING PLANS AND MAPS Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200') and include a north arrow, legend and date. The same scale should be used for all your plans.Where possible the City p�efers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet. Architectural drawings may be prepared at an architectural scale. One copy of each plan must be submitted in photo-ready 8Yz x 11 format. THE FOLLOWING IS A LIST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN (If the plans you submit do not include all of the information requested because you feel it is not applicable, please indicate this and provide a brief explanation). Vicinity Map � Showing the location of the site in relation to: • Adjacent properties ❑ • Surrounding street system including nearby intersections ❑ • Pedestrian ways and bikeways ❑ • Transit stops ❑ • Utility access ❑ Existing Conditions Map � Parcel boundaries, dimensions and gross area ❑ � Contour lines {2' intervals for 0-10%slopes or 5'for slopes>10%) ❑ � Drainage patterns and courses on the site and on adjacent lands ❑ � Potential natural hazard areas including: • Floodplain areas ❑ • Areas having a high seasonal water table within 24"of the surface for three or more weeks of the year ❑ • Slopes in excess of 25% ❑ • Unstable ground ❑ • Areas with severe soil erosion potential ❑ • Areas having severely weak foundation soils ❑ � Locations of resource areas including: • Wildlife habitat areas identified in the Comprehensive Plan ❑ • Wetlands ❑ � Other site features: • Rock outcroppings ❑ • Trees with >_6"caliper measured 4' from ground level ❑ � Location and type of noise sources ❑ � Locations of existing structures and their uses ❑ � Locations of existing utilities and easements ❑ � Locations of existing dedicated right-of-ways ❑ Subdivision Preliminary Plat Map City of Tigard Land Use Application Checklist Page 2 of 5 � The proposed name of the subdivision ❑ � Vicinity map showing propertys relationship to a�terial and collector streets ❑ � �Names, addresses and telephone numbers oi the owner,developer, engineer suroeyor and designer�as aPPiicabie� ❑ � Scale, north a�row and date ❑ � Boundary lines of tract to be subdivided � Names of adjacent subdivisions or names of recorded owners of adjoining parcels of unsubdivided land ❑ � Contour lines related to a City-established benchmark at 2' intervals for 0-10%grades and 5' intervals for grades greater than 10% ❑ � The purpose, location,type and size of all of the following (within and adjacent to the proposed subdivision): • Public and private right-of-ways and easements ❑ • Public and private sanitary and storm sewer lines ❑ • Domestic water mains including fire hydrants ❑ • Major power telephone transmission lines (50,000 volts or greater) ❑ • Watercourses ❑ • Deed reservations for parks, open spaces, pathways and other land encumbrances ❑ • The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level ❑ • The location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting ❑ � Supplemental information including: • Proposed deed restrictions (if any) ❑ • A proposed plan for provision of subdivision improvements ❑ � Existing natural features including rock outcroppings,wetlands and marsh areas � The proposed lot configurations, lot sizes and dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots ❑ � If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application materials ❑ Preliminary Partition/Lot Line Adjustment Plan � The owner of the subject parcel ❑ � The owner's authorized agent ❑ � The map scale, north arrow and date ❑ � Proposed property lines ❑ � Description of parcel location and boundaries ❑ � Contour lines(2' intervals for slopes 0-10%or 5'for slopes >10%) � ❑ � Location,width and names of streets, easements and other public ways within and adjacent to the parcel ❑ � Location of all permanent buildings on and within 25'of all property lines ❑ � Location and width of all water courses ❑ � Location of any trees with 6°or greater caliper at 4'above ground level ❑ � All slopes greater than 25% ❑ � Location of existing and proposed utilities and utility easements ❑ � Any applicable deed restrictions ❑ � Evidence that land partition will not preclude efficient future land division where applicable ❑ � Future street extension plan showing existing and potential street connections ❑ City of Tigard Land Use Application Checklist Page 3 of 5 V Site Development Plan � The proposed site and surrounding properties ❑ � Contour line intervals ❑ � The locations, dimensions and proposed names of the following: • Existing and platted streets and other public ways ❑ • Easements on the site and on adjoining properties ❑ • Proposed streets or other public ways and easements on the site ❑ • Alternative routes of dead-end or proposed streets that�equire future extensions ❑ � The locations and dimensions of the following: • Entrances and exits on the site ❑ • Parking and circulation areas ❑ • Loading and senrice areas ❑ • Pedestrian and bicycle circulation ❑ • Outdoor common areas ❑ • Above ground utilities ❑ • Trash and recyclable mate�ial areas ❑ � The locations, dimensions and setback distances of the following: • Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25' of the site ❑ • Proposed structures, improvements, utilities and easements on the site ❑ • Sanitary sewer facilities ❑ • Existing or proposed sewer reimbursement agreements ❑ • Storm drainage facilities and analysis of downstream conditions ❑ � Locations and type(s) of outdoor lighting considering crime prevention techniques ❑ � The locations of the following: • All areas to be landscaped ❑ • Mailboxes � • Structures and their orientation ❑ Landscape Plan � Location of trees to be removed � � Location,size and species of existing plant materials ❑ � General location, size and species of proposed plan materials ❑ � Landscape narrative that addresses: • Soil conditions and how plant selections were derived for them ❑ • Plans for soil treatment such as stockpiling the top soil ❑ • Erosion control measures that will be used ❑ � Location and description of the irrigation system where applicable ❑ � Location and size of fences, buffer areas and screening ❑ � Location of terraces, decks, shelters, play areas, and common open spaces ❑ Public Improvements/Streets Plan � Proposed right-of-way locations and widths � � A scaled cross-section of all proposed streets plus any�eserve strips ❑ � Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ City of Tigard Land Use Application Checklist Page 4 of 5 Grading/Erosion Control Plan � The locat;ons and extent to which grading will take place ❑ � Existing and proposed contour lines ❑ � Slope ratios ❑ Utilities Plan � Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans ❑ � Plan of the proposed water distribution system,showing pipe sizes and the locations of valves and fire hydrants ❑ Preliminary Storm Drainage Plan � The location of all areas subject to inundation or storm water overflow ❑ � Location,width and direction of flow of all water courses and drainageways ❑ � Location and estimated size of proposed storm drainage lines ❑ � Where applicable, location and estimated size and dimensions of proposed water quality/detention facility ❑ Tree Preservation/Mitigation Plan � Identification of the location, size and species of all existing trees ❑ � Program to save existing t�ees or mitigate tree removal (Section 18.790.030) ❑ � A protection program defining standards and methods to be used during and after construction ❑ Architectural Drawings � Floor plans indicating the square footage of all structures and their proposed use ❑ � Elevation drawings for each elevation of the structure ❑ Sign Drawings � Specify proposed location, size and height ❑ i:\;curpinlmasters�revised�chkl ist.doc 26-Nov-98 City of Tigard Land Use Application Checklist Page 5 of 5 �cn � APPENDIX E PtiBLIC NOTIFICATION AND MEETING DOCUMENTATION Land Use Application June 9,2000 Lo�ve's Home Improvement Warehouse, Inc. AFFIDAVIT OF POSTING NOTICE iPVITHYN SEVEN(7) CAI.ENDAR L1�XS aF THE 6IGI+I�'OSTING,RL�`�IRN T�iiS AFFIDi4V�T TU: Gi�ty o�''�'�.g�d. planning Divisian �.8�.2�SW�all�oc��vuxd '�`igard,�:1R �'�2�8 �, Heather Coleman , do affirm that I am (rep�esent) the party initiating interest in a proposed wetlana enhancement proiect affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) �ler Middle School, tax lots 1S134DD 1000 and 900 , and did on the 26th day of April, 2000 19 er$onally post notic� indicating that the site may be proposed for a Water Resources Over- . _ oistrict an��nsitive Lands Revi��plication, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted af along Tigard Street� west of Fanno Creek (state location you posted notice on property) � Signature (In the presence of a Notary Public) (THIS SECTfON FOR A STATE OF ORECON, NOTARY PUBLIC TO COMPLETE/NOTARIZ� ,Z�OJ Subscribed and swom/affiRned before me on the .2� day of %' , �- o��cu�s�u KEITH C THOMPSON � "0T'�'�•�►E� NOTARY PUBLIC OF OREGON �,�r�;,iu�oN10�"."�,°�5���,�, My Commission Expires: ,4uy��,�eo/ (Applicant,please complete information below for proper placement with proposed project) ---------------------------------------------------------------------i �NAME OF PROJECT OR PftOPOSED NAME: L•owe's Home Improvement Wetland Mitiqation Site � �TYPE OF PROPOSED DEVELOPMENT: I �Name of ApplicandOwner: �vid Evans an Associates, Inc for Lawe's Home Imp. Warehouse � �Address or General I.ocation of Subjed Property: on propert� of Fowler Mlddle School, 10865 � I LSubject PropertyTeuc Map(s)an Lot#(s): ---- DD --------------------------i ---------------------------!-- n:vopinpanW�+•sta''�frvost.mst AFFIDA�'IT OF MAILING STATE OF OREGON ) )ss. City of Tigaxd ) , �, Heather Coleman , being duly swom, depose and say that on �Y'il 26 i 2 �nn _X'#�___, I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) Fowler Middle School, 10865 SW Walnut Street, Tigard, Oregon 97223 a copy of which notice so mailed is attached hereto and made a part of hereof. 1 furthe� state that said notices were enclosed in envelopes plainly addressed to said pe�sons and were deposited on the date indicated above in the United States Post O�Ce IoCated at 1505 SW 6th Avenue; Portland, Oreqon, 97201 with postage prepaid thereon. Signature (In the presence of a Notary Public) (TH1S SECTION FOR A STATE OF OREGON,NOTARY PUBLIC TO COMPLEfEINOTARIZ� ��v Subscribed and swom/affirmed before me on the�day of ��' ,a-9-=. o�a�sEiu. KEITH C THOMPSON NOTARYPUBLIC•OFiEGON NOTARY PUBLIC OF OREGON COMMISSION N0.304261 MYCOMMISSIONEXPIRESAUQ,rr,zoo, My Commission Expires: /��y,�7,?DO/ (Applicant,please oomplete information below for proper placement with proposed project) ------------------------------------------------------------------i rNAME OF PROJECT OR PROPOSED NAME: Lowe's Home i ' � �TYPE OF PROPOSED DEVELOPII�NT: We an e ancement pro�ect �NameofApplicanr/Owner: David Evans and Associates Inc. for Lawe's Home Im rovement War h � In� Address or��eral Location of Subject Pro @rty: on pro rt o Fow er Mi e Sc oo , ( � 10865 SW Walnut Street, '�igar , � (Subjed Pmperty Tax Map(s)and�.ot#(s)_ 1S 1 34 DD 1000, 1S 1 34 DD 900 ,� L_----------- -- — ---- h�oylMpatty�n+asterc ma-� NOTICE OF PUBLIC MEETING: WETLAND ENHANCEMENT PROJECT AT FOWLER MIDDLE SCHOOL Lowe's Home Improvement Warehouse, Inc. is proposing a wetland enhancement project in your neighborhood. The project involves enhancing 3.1 acres of wetlands along Fanno Creek on the Fowler Middle School property. David Evans and Associates, Inc. (DEA)has been hired by Lowe's to design and oversee the enhancement work. The wetlands are currently dominated by reed canarygrass, a non-native,invasive species. The proposed project will improve the wildlife habitat and water quality functions of the wetlands by replacing the reed canarygrass with narive vegetation similar to that found in nearby wetlands. Fish habitat will be improved by creating a 470' long overflow channel connecting at both ends to Fanno Creek. This project will complement another wetland enhancement project and new recreational trail planned by the City of Tigard on the school site. The proposed work is part of a larger project which includes a new hazdware store at Highway 217 and 72°a Avenue. The enhancement project will offset wetland impacts associated with construction of the store. The City of Tigard has already approved the hardware store development in a separate land use action. The Oregon Division of State Lands and the U.S. Amly Corps of Engineers have authorized the wetland impacts at the ha.rdware store site and the enhancement work at Fowler Middle School. The wetland enhancement project will require two land use reviews by the City of Tigazd: a Water Resources Overlay District Review and a Sensitive Lands Review. Prior to submitting its application, Lowe's would like to discuss the proposal with surrounding property owners and residents. You are invited to attend a meeting: Thursday, May 11, 2000 7:00—8:00 p.m. Room 44(near Gymnasium) Fowler Middle School 10865 SW Walnut S� Tigard,OR 97223 Please note that this will be an informarional meeting to discuss preliminary plans. These plans may be modified prior to submittal of the land use application to the City. If you have any questions,please call Kristina Gifford McKenzie or Heather Coleman at DEA at 223-6663. FREQUENTLY ASKED Citq of Tigard NEIGHBORHOOD MEETING QUESTIONS sh°'�'�`��a�m��, What Is The Puraose Of This Nei�hborhood Meeting? . The purpose of the meeting is to�allow the prospective developer to share with you what they are planning to do. This is your opportunity to become informed of their proposed development and to let them know what issues or conce�ns you have i� regard to their proposal. What Haaaens After The Neighborhood Meeting? After the neighborhood meeting, the prospective developer finalizes thei� submittal package (often taking into account citizen concems) and submits an application to the City. Sometimes it takes a while before the develope�'s application is ready to submit, so there could be several months between the neighborhood meeting and the submittal of an application. Once an application is submitted to the City, Staff reviews it for completeness. Once an application has been deemed complete, the formal application review begins. It takes approximately 6-8 weeks from the time the application is accepted for a decision to be made. Many types of applications require a public hearing at which citizens are given the opportunity to provide comments or concerns. For all types of applications, p�operty owners within 500 feet of the subject parcels receive notice of the public hearing (if applicable), notice of the decision, and are given the opportunity to appeal the decision. What If The Prc��osal Presented At The Neighborhood MeetinQ Is Not What Is Actuallv Submitted? Applicants are not required to submit exactly what was presented at the neighborhood meeting if it generally follows the type of development proposed. This provides for the oppo�tunity to add�ess the neighborhood issues and address other changes necessitated by the development or staff. !f the project is entirely different, a new neighborhood meeting would be required. In any case, notice of decision is sent to prope�ty owners within 500 feet of the proposed development allowing them the opportunity to appeal. How Do I Know What Issues Are Yalid? A decision is reviewed based on compliance with the Tigard Development Code. Review the development code to familiarize yourself with what is permitted and what may not be permitted. A copy of the development code is available for viewing at the Tigard City Library or a copy may be purchased at the Community Development Services counter. You may also contact City Planning staff and ask what the standa�ds are for a specific issue. Be prepared, howeve�, that you may not LIKE all the standards, but at least you know what they a�e. If a development meets the code standards, it can p�oceed. �:�-'�4,'::M»:� .tri Ir_t'..a'.Y . .... �;-�J ..:.� � �":�. �. � �M as-�•xz �.v ..� . . � r.. . �.� .. .�...� t �y, N:. j�-..�', a.�A.�4i0;1 f.oryouur�assistance��the�C�tizen;In�volvement�Team�(Cl��has comp�le�ta I;st of helpful�yuestions�tora�skth�t�may�,assist ������ n t��i���,��..��t �,�'���-�����,��.���'��� �r����' ��":��'r 3�,'� ��':�� �#� � ..r��.�%: you n�,determining� our.�position,on.a�parncu ar proposal ,T�ollowing,sheet,lists�thosev��uestio,ns ,..,...,_. _ .. ::�. i:AcurpinAjulialcitinfo2doc ,— --•- — - --- _, � ------ --- --:-------- �' CQL EtGHBORN00D ONCE '' � AKE URE UR ONCERNSw RE�MET � ..�.:��;����xlUES,,.�,�.TI,�O,N�S � SK � �,�.,.�,..�.,,, � The following is a list of questions developed by a subgroup of the Citizen Involvement Team. These questions are intended to aid you in formulating your own questions for proposed development in your area. Feel free to ask more or alter the questions to add�ess your own unique concems and interests. RP OCESS . What applications are you (the develope�) applying foi? When do you expect to submit the application(s) so that neighbors can review it? What changes or additions are expected prio� to submittal? . Will the deasion on the application be made by City Staff, Heari�gs Officer, Planning Commission or City Council? How long is the process? (timing)/ . At what point in the process are citizens given notice and the opportunity to provide input? . Has a pre-application conference been held with City of Tigard Staff? � ✓ Have any preliminary requirements been addressed or have a�y ccitical issues been identified? ✓ What City Planner did you speak with regarding this pcoject? (This person is generally the Planne� assigned to the land use case and the one to contact for additional information). STREETS � . Will there be a traffic study done? What are the preliminary t�affic impacts anticipated as a result of the development and how do you p�opose to mitigate the impacts if necessary? . What street improvements (including sidewalks) are proposed? What connections to existing street� are proposed? . . Are st�eets proposed to be public or private? What are the proposed street and sidewalk widths? . What a�e the emergency access requirements and what is proposed to meet those requirements? ZON(NG AND DENSITY . What is the current zoning? What uses are allowed under this zoning? . Will the�e be a �e-zone �equested by the develope�? If yes, to what zone? . How many units are proposed for the development and what is the minimum and maximum densit� allowed in the zone? DRAINAGE AND WATER �UALITY . What is your erosion control and drainage plan What is the natural slope of the property? What arE fhe grading plans? . Is there a water qualify facility planned within the development and where will it be located? Who wil own and maintain the facility? TREES AND LANDSCAPING . What are the tree �emoval plans and what is proposed to mitigate for trees removed? . What are the landscaping plans? What buffering or fencing is required andlo� proposed? Sm�ooth Feed SheetsTM Use template for 5161� 1 S 135CC-0O600 1 S 1340D-00800 CHANEY CORALYN A EVANS ROBERT A 11730 SW TIEDEMAN 10905 SW TIGARD ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DD-01800 1 S 134DD-00501 CHAPUT NANCY A FITZGERALD ROBERT A AN� 11935 SW TIEDEMAN CHRISTINE A TIGARO,OR 97223 10835 SW TIGARD AVE TIGARD,OR 97223 1 S 135CC-00300 1 S134DC-09300 CHITTENDEN LLOYD A EVELY FREDERICKSON ANDREW J/CATHY& 11600 SW TIEDEMAN AVE FREDERICKSON EVELYN ELIZABETH TR TIGARD,OR 97223 11514 SW TWIN PARK PLACE TIGARD,OR 97223 1 S 134DC-10500 1 S 135CB-00500 COBURN KELLY E 8 TERRIA L GABRIEL INVESTMENT LLC 11534 SW CORNELL PL 1025Q SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103AA-00501 1 5C8-00400 COLLINS RANDY LEE AND GABR NVE NT LLC TARA LYNETTE 10250 TH DAKOTA ST 12132 SW TIEDEMAN AV T ARD,OR 972 TIGARD,OR 97223 1 S 135CC-00703 1 S 134D0-02100 DAVIS DANIEL F&GEORGIA D HEATH ROGER C AND DIANNE S 11764 SW TIEDEMAN AVE 11445 SW 107TH PLACE TIGARD,OR 97223 TIGARD,OR 97223 1 S 7 35CC-00707 1 S 135CC-01000 DAVIS DANIEL F 8 GEORGIA D& HOLLAND SHARI&SCOTT LARSON WESLEY 8� 10425 SW MEADOWS ST WATANABE OSAMU/SUWAKO ET AL TIGARD,OR 97223 11764 SW TIEDEMAN AVE TIGARD,OR 97223 i s�saoo-0�200 1 S134DD-01900 DILSAVER DANIEL E AND HULSE CARL V AND SHIRLEY Z JENNIFER L 11675 SW TIEDEMAN 11401 SW 107TH PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-02100 1 S 134D6-03700 EDWARDS GERALD R LAUREL JABS WILLIAM M 1039�SW MEADOW ST 10970 SW NORTH DAKOTA AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DC-09800 1 S 135CC-00200 EIDSON DONALD L AND MARY H JACKSON PAUL R 11501 SW CORNELL PL JACKSON SIMONE DENISE PAUWELS TIGARD,OR 97223 10250 SW TIGARD ST TIGARD,OR 97223 n� AVERYo Address Labels Laser 5961TM Srriooth F2ed SheetsT"" � �� � � ���� Use template for 5161� 1 S 134DG09900 1 S 135CC-02400 ADAMSKI CURTIS R BIEDERMAN BRIAN E&BEVERLY J 4109 FIR ST 10480 SW MEADOW VANCOUVER,WA 98660 TIGARD,OR 97223 �St saoo-02zoo �s�saoC-i osoo ALEXANDER FERO F 8 CATHERINE M BOWKER LEANNE MARIE TRUSTEES 11496 SW CORNELL PL 21820 SW ELWERT RD TIGARD,OR 97223 SHERWOOD,OR 97140 134DD-02300 1 S 135CC-0O800 AL NDER FER ND 80WSHER CHARLEY L CATHE RUSTEES LUCILLE N 2182 ERT RD 11820 SW TIEDEMAN RWOOD,O 7140 TIGARD,OR 97223 ' 1 S 134DD-02000 1 S 134DD-01300 ALEXANDER FERD W&NATALIE S BOYCE ANA L&RONALD J 11423 SW 107TH PL P O BOX 23093 TIGARD,OR 97223 TIGARD,OR 97223 7 35CC-03900 15135CC-01100 AL RD B W BRAUN STEVE&ANGELA PATRI M 10395 SW MEADOW 101 SW T RD 5T TIGARD,OR 97223 ARD,OR 972 1 S 135CC-03800 1 S 134D8-03800 ALFORD BURT W PATRICIA BRAUN WILLIAM H JR&ANNE M 1Q180 SW TIGARD ST 10920 SW NORTH DAKOTA ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-02200 1 S 134DC-09600 ALLISON LARRY D AND BRYANT DONNA J&ROSS A DEBORAH 11545 SW CORNELL PL 10420 SW MEADOW TIGARD,OR 97223 TIGARD,OR 97223 1 S134DD-01100 1 S134DD-00101 ANDERSON GERALD L BUCHANAN MICHAEL R&SHEILA M CHARLOTTE A 10525 SW TIGARD ST 11645 SW TIEDEMAN RD TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DC-10600 1 S 134DD-00400 BERNARD KYLE L&LISA B BURGHARDT JOSEPH W 11556 SW CORNELL PL DOLORES J TIGARD,OR 97223 10805 SW TIGARO AVE TIGARD,OR 97223 1 S 134D D-00700 1 S 134DD-00502 BERNHARD MARILYN RAE BURGHARDT THOMAS&AMY 10895 SW TIGARD ST 10823 SW TIGARO ST TIGARD,OR 97223 TIGARD,OR 97223 /�� AVERY� Address Labets Laser 5961TM Smooth Feed SheetsT"" Use template for 5161� 1 S 134DC-09400 2S 103AA-00500 JONES CHARLES B JR/CATHYANN PICKAR RICHARD L 11536 SW TEIN PARK PL 12130 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 7 35CC-02300 1 S 134DD-01600 KOBLEGARDE B RUPERT POPE STEVEN R ALICE E 310 MAYER BLDG 2120 NW 135TH 1130 SW MORRISON ST PORTLAND,OR 97229 PORTLAND,OR 97205 1 S 134DC-U9700 1 S 134DD-00100 LOWE LARRY C&ROSE M RICHARDS JAMES E&SHARON S 11523 SW CORNELL PL NORRIS 8 STEVENS REALTORS TIGARD,OR 97223 520 SW 6TH#400 PORTLAND,OR 97204 1 S 134DD-00300 1 S 135CC-00702 MAI HIEP RIFFEL ALLEN W&SUSAN A ' 10755 SW TIGARD ST 11742 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 1S735C8-0O600 1S1340D-00102 MCCALL PROPERTIES INC SCHAEFER DONALD M 8 MILYNN O 808 SW 15TH AVE PO BOX 23697 PORTLAND,OR 97205 TIGARD,OR 97281 2S 1028B-0O600 1 S 134DD-01000 METRO SCHOOL DISTRICT#23-J 600 NE GRAND AVE WASHINGTON AND CLACKAMAS PORTLAND,OR 97232 COUNTIES OREGON 13137 SW PACIFIC HWY TIGARD,OR 97223 1 S 134DD-01400 1 S 134DD-00900 NABORS FORREST A SCHOOL DISTRICT 23J 11755 SW TIEDEMAN AVE 13137 SW PACIFIC HWY TIGARD,OR 97223 TIGARD,OR 97223 1S134DD-01700 2 03AA-00101 NOFZIGER KENNETH RICHARD SCH IS NO 23 J 11835 SW TIEDEMANN 13137 A HWY TIGARD,OR 97223 TI RD,OR 97223 1 S 134DC-00500 �103AB-00100 PARK PETER SCHO IS NO 23J 11476 SW TWIN PARK PL 1313 PA C HWY TIGARD,OR 97223 ARD,OR 97223 1 S 1340C-10000 1 S 134DC-03000 PHAM MYDUNG T& SCHOOL DISTRICT NO.23J PHAM MY HANH T 8 WASHINGTON COUNTY PHAM MY HOAI 13137 SW PACIFIC HWY 11463 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 /1� AVERYo Address Labets Laser 5961T"" Smnoth Feed SheetsTM' Use template for 5161� 1 S 135CC-00900 1 S 134DD-01500 SERFLING LOWELL C/ALICE R VAN DOORNINCK WOLTER H 10455 SW MEADOW 6555 SW DALE AVE - TIGARD,OR 97223 BEAVERTON,OR 97005 1 S 135CC-00400 1 S 135CC-00700 SHADBOLT LEE J AND TAMARA A WATANABE OSAMU AND SUWAKO 11640 SW TIEDEMAN AVE 11770 SW TIEDEMAN AVE TIGARD,OR 97223 TIGARD,OR 97223 15134DC-09500 1 S134DC-10400 SHEELER CHARLES W&KATY L WHIFFIN SHARON K 11558 SW TWIN PARK PL 11512 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 134DC-09200 1 S 134DC-10100 STEWART PETER B&TRACY D WHITTAKER JEFFREY S&ANITA L 11498 SW TWIN PARK PL 11452 SW CORNELL PL TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CC-0O500 1 S 135CC-01300 STOVER LAWRENCE W&SHARON A ZWERLING ADAM J& 13432 SW 136TH PL CARDILLO DEBORAH A TIGARD,OR 97223 10325 SW MEADOW ST TIGARD,OR 97223 2S103AA-00100 SWAN ELIZABETH E 12060 SW TIEDEMAN TIGARD,OR 97223 t S 135CC-01200 SZYD�OWSKI DOROTHEA L 10365 SW MEADOW ST TIGARD,OR 97224 ' 1 S 134DD-00103 TIGARD CITY OF 13125 SW HALL TIGARO,OR 97223 t S 134DC-10200 TRAPP JAMES THOMAS&DEBBIE LOU 11474 SW CORNELL PL TIGARD,OR 97223 1 S 135CC-02000 VAIDEZ STEVEN M& KIMBERLY M 10360 SW MEADOW ST TIGARD,OR 97223 �� AVERY� Address Labels Laser 5961T"' � � �j�t� � , ������ �� � ; A,,,�l 1� i�l,�,• a�av� t'�ro•ec� T . , 1 � �1� In�bo� 1�od t�e� . ,����-�. ��-- s'/,,�� � ��- 5�-�-� � G �-- � �" �° ° ��a"�-( �2,s�� .��I I� �c� `��� ���1 �O�O C_� . . Neighborhood Meeting Summary Application: Sensitive Lands, Water Resources Applicant: Lowe's Home Improvement Warehouse Property Location: Fowler Middle School Meeting Location: Fowler Middle School Meeting Date/Time: 7:00 p.m., T1lursday, May 11, 2000 Four members of the public attended the meeting, all of whom live in the neighborhood. One attendee represented Friends of Summer Creek. The applicant was represented by Scott Banker and Kristina McKenzie of David Evans and Associates, Inc. Ms. McKenzie opened the meeting, introduced herself and Mr. Banker, and briefly explained the purpose of the meeting. A resident asked about the development proposed by the applicant, i.e., the hardware store development requiring the mitigation project proposed at Fowler Middle School. Mr. Banker then described the wetland impacts associated with the store and how the project at Fowler would mitigate for them. He - explained that the store development had already been approved by the City and the wetland regulating agencies (US Army Corps of Engineers and Oregon Division of State Lands), that the mitigation project had also been approved by the wetland agencies, and that the applicant was no�v seeking City of Tigard approval for the mitigation work. Using a presentation graphic showing the proposed mitigation plan, Mr. Banker then described the proposed mitigation project in more detail. He explained that the project included enhancement of approximately 3.1 acres of wetlands along Fanno Creek, primarily through removing reed canarygrass and re-planting with native wetland species. The project would also involve creating an overflow channel connecting at both ends to the creek, thereby improving flood storage capacity and fish habitat. Follow-up questions from the audience included: Q. How large is the overflow channel? A. Approximately 600 feet long, 12 feet wide at the top, five feet wide at the bottom, and one to two feetdeep. Q. How long will the project take? A. Project construction is estimated to last one to two weeks. The in-water work needs to be completed by September 30, 2000, to comply with the wetland permits. There was additional discussion with the public, primarily about the effectiveness of inethods used to control reed canarygrass. An attendee suggested that the mitigation not create forested wetlands because the site was most likely a wet meadow/prairie. This comment was noted, and it was explained that the mitigation had already been approved by the regulating agencies. The meeting was adjourned at 7:45 p.m. LH 1 W0000-0001/NeighMtg.doc �cn � APPENDIX F HYDRAULIC AND SOILS REPORT Land Use Application June 9,2000 Lowe's Home Improvement Warehouse, Inc. �cn DAVID EVANS AND ASSOCIATES, D E A M E M O R A N D U M 2828 S W Corbett Avenue To FILE J Portiand, Or�on 97soi Tel: So3.zz3.6663 FROM: Richard Attanasio, P.E.,.� Fax: Soj.z23.zyoi �ArE: June 8, 2000 _ sua�ECr: HYDRAULIC AND SOILS REPORT: LOWE'S HOME IMPROVEMENT WAREHOUSE MITIGATION SITE AT FOWLER MIDDLE SCHOOL PRO�.#: LHIW0000-0001 coPiES: K. McKenzie; H. Coleman Background The subject project is for mitigation work to offset the anticipated impacts to wetlands associated with the Lowe's Home Improvement Warehouse, planned for construction at Highway 217 and 72"d Avenue. The mitigation plans have been approved by the US Army Corps of Engineers(COE #99-199)and Oregon Division of State Lands (DSL FP 18352). The proposed mitigation project consists of enhancement of 3.1 acres of wetlands along Fanno Creek at Fowler Middle School,just upstream of the confluence with Summer Creek. The mitigation site encompasses a section of Fanno Creek and the adjacent wetlands. The wetlands are dominated by reed canarygrass, an invasive non-native species. The mitigation project will enhance the existing wetlands by removing reed canarygrass and revegetating the area with native vegetation. The mitigation planting will establish ash forest, willow shrub, and mixed emergent communities similar to adjacent native wetland areas. Additionally, along approximately 400 linear feet of Fanno Creek streambank native vegetation will be established to increase shading, decrease stream temperatures, increase bank vegetative structure, and enhance bank stability. Site grading will involve contouring the land to create an overflow channel that will pond water for a part of the growing season. This will increase flood storage capacity, provide water quality benefits, and improve fish habitat. This mitigation project will work in concert with adjacent mitigation projects planned by the City of Tigard. Construction of the proposed project is anticipated to take place during the summer of 2000, with planting occurring in the fall of 2000. Existing The mitigation site is a reed canarygrass wetland on Fanno Creek directly upstream of the confluence of Fanno and Summer Creeks. Downstream of the mitigation site, the streambank of Fanno Creek is lined with woody vegetation (ash). . . . Upd x_apps�.�ol l'd�,c-area\project�l\Ihi w0000-0001 Udocs\90�-miti\mtf-hyd-tigard.doc �cn DAVID EVANS AND ASSOCIATES, FILE June 8, 2000 Page 2 The regulatory floodplain for the site is between 157 and 158-feet NGVD, according to the March 1982 Flood Insurance Rate Map (FIRM). The Fanno Creek floodplain is currently under review by the Federal Emergency Management Agency(FEMA); however, the 1982 floodplain remains the regulatory standard until modified by FEMA. Site soils consist of Cove silty clay loam. The Soil Survey of Washington County, published by the Soil Conservation Service (SCS), describes this as a nearly level soil occurring on floodplains. Runoff from the soil is slow and the hazard of erosion is slight (SCS Soil Survey of Washington County, July 1982). Proposecl Mitigation Project The mitigation project will remove reed canarygrass and revegetate the area with native vegetation. The mitigation planting will establish ash forest, willow shrub, and mixed emergent communities similar to adjacent native wetland areas. Additionally, along approximately 400-linear feet of Fanno Creek streambank, native vegetation will be established to increase shading, decrease stream temperatures, increase bank vegetative structure, and enhance bank stability. Site grading will contour the land to create an overflow channel that will pond water for part of the growing season. Construction of the proposed project is anticipated to take place during the summer of 2000,with planting occurring in the fall of 2000. Hydraulic Impact The proposed mitigation project will have no adverse hydraulic impact. ❑ Conveyance through the area will be increased resulting in no increase in water surface elevation. ■ Material will be removed from the area increasing the cross-sectional flow area. ■ The reed canarygrass will be removed from the area and replaced with native vegetation. Reed canarygrass has a high Manning's "n" value and significantly retards flow through the area. The native vegetation has a lower Manning's "n" value and will permit flow to pass through the area with less resistance. ■ Planting of native vegetation along the sh-eambank is consistent with the condition of the downstream streambank and will not alter the conveyance capacity of the channel. ❑ Flood storage in the area will be increased. ■ Material will be removed from the area resulting in greater flood storage both locally and in the Fanno Creek basin. In summary, the proposed mitigation project will not increase water surface elevations in the area and will increase floodplain storage providing some hydraulic benefit to the area. • . . � • • �cn DAVID EVANS AND ASSOCIATES, FILE June 8,2000 Page 3 Water Qualiry Impacts The proposed project should result in an improvement in the water quality function of the mitigation area. Wetland areas provide natural water quality treatment through filtration, sedimentation, shading for temperature control, and nutrient uptake. The improvements realized through this mitigation project will increase the efficacy of the wetland area in providing these water quality benefits. The increased conveyance through the wetland and increased flood storage volume in the wetland will increase the area's treatment efficacy in both filtration and sedimentation. Removing reed canarygrass and restoring native vegetation will improve shading, filtration, and nutrient uptake functions of the wetland. It is important that adequate erosion prevention and sediment control measures be implemented and maintained during construction to prevent short-term adverse water quality impacts. In summary, the proposed project will result in a net benefit to water quality. The project will improve shading for temperature control, filtration, sedimentation, and nutrient uptake. Soils The on-site soils are suitable for the proposed project. Soils at the mitigation project site consist of Cove silty clay loam. These soils are relatively weak, but have a low erosion potential. Given the nature of the project these soils are eminently appropriate for the project. Standard construction and post-construction erosion control procedures should be adequate to prevent any untoward erosion. During construction, the use of rubber-tired equipment on disturbed soils should be avoided whenever possible due to the potential for rutting. Summary The proposed mitigation project will result in no increase in the 100-year water surface elevation upstream or downstream of the site. There will be an increase in floodplain storage. The soils in the area are suitable for the proposed project provided standard construction and post-construction practices are utilized. �cn � APPENDIX G STREAMBANK CONDITIONS REPORT � Land Use Application June 9,2000 Lowe's Home [mprovement Warehouse, Inc. Appendix G Water Resources 18.797 Streambank Conditions Background There are no reductions to the riparian setback proposed. The subject project is for mitigation work to offset the anticipated impacts to wetlands associated with the Lowe's Home Improvement Warehouse, planned for construction at Highway 217 and 72"d Avenue. The mitigation plans have been approved by the US Army Corps of Engineers (COE#99-199)and Oregon Division of State Lands (DSL FP 18352). The proposed mitigation project consists of enhancement of 3.1-acres of wetlands along Fanno Creek at Fowler Middle School. The affected stream reach begins immediately downstream of the SW Tigard Street Bridge and continues to just upstream of the confluence with Summer Creek. The mitigation project will enhance the existing wetlands by removing reed canarygrass and revegetating the area with native vegetation. Native vegetation will be established along approximately 4001inear feet of Fanno Creek streambank to increase shading, decrease stream temperatures, increase bank vegetative structure, and enhance bank stability. An approximately 600-linear foot overflow channel will be constructed along Fanno Creek. Existiftg Conditiotis Please refer to Photographs 1 and 2 following the text. The majority of the Fanno Creek floodplain and wetlands is dominated by non-native reed canary grass with limited trees located along the west bank of Fanno Creek. The majority of the streambank vegetative cover is either reed canary grass or meadow foxtail. The riparian zone contains minimal woody vegetation. The existing streambanks exhibit a high level of erosion and instability due to the lack of woody vegetation and the long-term down cutting of the streambed. Banks are generally vertical in slope with a high incidence of undercutting and toe erosion. The banks are frequently three to four feet in height above low water elevation. Isolated sections of banks have been undercut severely and slumped off into the streambed. Proposed Co�zditions The mitigation project will remove non-native reed canary grass, and revegetate with native herbaceous, shrub, and tree species, and provide additional fish and amphibian habitat in the overflow channel. The overflow channel as a part ofthe mitigation, will be constructed adjacent to Fanno Creek. Refer to sheet 5 of 6, Grading and Erosion Control Plan, for location of the overflow channel grading and erosion control measures. Refer to sheet 4 of 5 Mitigation Planting Plan for planting measures. The channel has been aligned to not impact the existing Oregon Ash trees. In addition to the overall revegetation plan, Red-osier dogwood and pacific willow live stakes are planned for the streambank. The live stakes will aid in stabilization of the streambank via their fibrous root mass. Woody root systems. The woody vegetation will also provide shade for temperature modification, fish habitat,and restoration of the degraded riparian zone The mitigation construction is proposed to take place during the summer and fall of 2000. The overflow channel will be constructed in July or August during the instream work window. The planting will take place during the fall of 2000. Appendix B 1 June 8,2000 Streambank Conditions Recomntendations The mitigation site is required to be monitored for five years by the joint DSL and COE permit. A Monitoring Plan with a Contingency Plan is set forth in the permit application attached. Planting densities are based upon 200 trees, 300 shrubs an acre with an expected mortality rate of 20 percent to meet the required 80 percent survival rate. The density of emergent species is also based upon a 20 percent mortality rate in determining the total quantity of plants to be installed. Three quadrats will be set up for monitoring purposes. Recruited desirable native species will be included in the density and survival rate. Contingency for less than 80 percent survival will be to replant the required number of plants per strata to reach the 80 percent goal. 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'�" r� �� � � � t :. �, '� �. �°. . �,,,* e�F;�j,1 '�� � �'�3.���. �x�`. �. 4d�,. :��� �.� #; ' ��, Photograple 2—Close-up view of bank erosion and vegetative cover witlein t/re projecl. o:\project�l\Ihiw0000-0001\!docs\905-miti�strm-ipt.doc Appendix B 2 June 8,2000 Streambank Conditions �cn � APPENDIX H WETLAND DELIVEATION REPORT Land Use Application June 9,2000 Lowe's Home Improvement Warehouse, Inc. WETLAND DELINEATION FANNO CREEK TRAIL T1S, R1W, SE 1/4 SECTION 34 & T2S R1W NE & NW 1/4 SECTION 2, WASHINGT�N COUNTY TIGARD, OREGON Prepared for: Duane Roberts, Planner City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Prepared by: C. Mirth Walker& Stacy Benjamin Fishman Environmental Services Consultants in Ecology and Natural Resource Management 434 NW 6th Avenue, Suite 3Q4 Portland, OR 97209-3600 March 1998 FES Project 97126 Fishman Environmental Services • 434 NW Sixth Avenue • Portland, OR 97209-3600 0 (503) 224-0333 • FAX (503) 224-1851 � ��� ��a�NM�N �_ � TABLE OF CONTENTS SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 INTRODUCTION AND BACKGROUND INFORMATION . . . . . . . . . . . . . . . . . . . . . 3 l.l National Wetlands Inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.2 SoilSurvey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.3 Site Elevation and Topography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.4 Flood Plain Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.5 Tigard Local Wetlands Inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 METHODOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 WETLAND AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.1 Area One - Fowler School Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.2 Area Two - SW Grant Street Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3.3 Area Three - Dolan Property/SW Main Street Site . . . . . . . . . . . . . . . . . . . . . . . . 9 3.4 Area Four- SW Ash Avenue Right-of-Way Site . . . . . . . . . . . . . . . . . . . . . . . . 10 4 WETLAND DETERMINATION CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6 SITE DATA SHEET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 APPENDICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Appendix A: Wetland Determination Data Sheets , Appendix B: Vegetation of the Fanno Creek Trail Sites Fishman Environmental Services Project 97126 Page i LIST OF FIGURES FIGURE 1. SITE LOCATION MAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 FIGURE 2. NATIONAL WETLANDS INVENTORY MAP . . . . . . . . . . . . . . . . . . . . . . . . 15 FIGURE3. SOILS MAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 FIGURE 4. FLOOD PLAIN MAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 FIGURE 5. TIGARD LOCAL WETLANDS INVENTORY . . . . . . . . . . . . . . . . . . . . . . . . . 18 FIGURE 6. AREA ONE- FOWLER SCHOOL SITE WETLAND MAP AND SAMPLE PLOT LOCATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 FIGURE 7. AREA TWO - SW GRANT STREET SITE (NORTH} WETLAND MAP AND SAMPLE PLOT LOCATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 FIGURE 8. AREA TWO - SW GRANT STREET SITE (SOUTH) WETLAND MAP AND SAMPLE PLOT LOCATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 FIGURE 9. AREA THREE - DOLAN PROPERTY/SW MAIN STREET SITE & AREA FOUR- SW ASH AVENUE RIGHT-OF-WAY SITE WETLAND MAP AND SAMPLE PLOT LOCATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Fishman Environmental Services Project 97126 Page ii WETLAND DELINEATION SUMMARY SITE NAME: Fanno Creek Trail SITE LOCATION: Four site areas: Fowler Middle School, SW Grant Street, Dolan property/SW Main Street, and SW Ash Avenue right-of-way, all located along Fanno Creek, west of SW Hall Boulevard and south of SW Tigard Street in Tigard, Oregon. T1S, Rl W, SE '/4 Section 34 and T2S, R1 W,NE& NW '/4 Section 2 Washington County APPLICANT: Duane Roberts, Planner City of Tigard DATE OF SITE VISITS: January 6 & 16, February 4 & 5, 1998 PROJECT STAFF: C. Mirth Walker, Wetlands Program Manager Christie Galen, Ecologist Stacy Benjamin, Biologist FES PROJECT: 97126 SUMMARY The City of Tigard is proposing to build a pedestrian/bicycle trail along Fanno Creek as a continuation of an existing series of trails in Tigard. The current phase of trail construction will be located in four azeas: Fowler Middle School; north and south of SW Grant Street; south of the Dolan property and SW Main Street; and SW Ash Avenue right-of-way. These four areas are all located along Fanno Creek, west of SW Hall Boulevard and south of SW Tigard Street in Tigard. Eleven wetland areas, including emergent and mixed emergent/forested,were delineated on the four site areas in the vicinity of the proposed trail. The City of Tigard has not determined the final trail alignment and intends to route the trail around wetlands to avoid impacts where feasible. Hydrology of the delineated wetland areas is provided by groundwater seeps and precipitation. Fanno Creek (a water of the State and of the U.S.) is the predominant hydrologic feature of the subject areas. Hydrology observed in the wetland areas included shallow scattered ponding, a depth to free water ranging from the surface to 5 inches, soils saturated to the surface in most areas (a few areas were saturated to 4 inches only from recent precipitation)at the time of the site visits, drainage patterns in wetlands, and oxidized root channels in the surface horizon. Our investigation was conducted during the very early part of the growing season; some upland areas exhibited ephemeral hydrology. Fishman Environmental Services Project 97126 Page 1 Fanno Creek Trail Wetland Delineation March 31, 1998 Soils in wetland areas at 10 inches below the surface ranged from black(lOYR 2/1) and very dark gray (IOYR 3/1)clay and silty clay to very dark grayish brown(lOYR 3/2) and dark grayish brown (lOYR 4/2)silty clay loam, silt loam,and sandy silt loam with brown(lOYR 5/3 & 7.SYR 4/4),dark yellowish brown (IOYR 4/4), gray (lOYR 5/1) and dark gray (SYR 4/1) redoximorphic (redox) concentrations and depletions(mottles).The low matrix chroma of 1 and the chroma of 2 with redox concentrations indicate the presence of hydric soils. Soils in upland areas immediately adjacent to the wetland boundary at 10 inches below the surface ranged from dark gray (lOYR 4/1) to very dark brown(lOYR 2/2), very dark grayish brown (lOYR 3/2),dark grayish brown(lOYR 4/2)and dark brown(lOYR 3/3)clay, silty clay loam, silt loam and sandy silt loam with dark yellowish brown(lOYR 4/4), brown(7.SYR 4/4), and dark gray (SY 4/1) redox concentrations in some azeas(mottling was absent in other areas). Redox concentrations were faint or absent in the majority of the upland area. The high matrix chroma of 3 and the chroma of 2 with only faint mottles indicate the presence of non-hydric soils. Dominant vegetation of the Fowler School site was a mixed emergentlforested wetland(Wetland 1)and included reed canarygrass and meadow foxtail in the western portion, and reed canarygrass, smooth scouring-rush, Douglas' spirea, willow and 4regon ash in the southern portion along the creek. Uplands were characterized by the presence of tall fescue, bluegrass, Himalayan blackberry, rose, and ornamental hawthorn. The SW Grant Street site contained four wetlands. The emergent western wetland(Wetland 2A)was dominated by bentgrass. Upland vegetation was demarcated by a predominance of tall fescue. Emergent Wetland 2B was dominated by small-fruited bulrush, creeping buttercup, bentgrass, and American speedwell. Wetland 2C was a sparsely vegetated back water slough. An adjacent upland island was dominated by Himalayan blackberry and English ivy.A mixed emergendforested wetland in the eastem portion of the site(Wetland 2E)was dominated by reed canarygrass and Oregon ash. Adjacent uplands were dominated by Douglas fir, Oregon white oak, and Himalayan blackberry. Dominant vegetation of the Dolan property/SW Main Street site emergent wetland (Wetland 3} consisted of reed canarygrass, with small amounts of soft rush, Douglas' spirea, willow, and Oregon ash. Uplands were characterized by a predominance of Himalayan blackberry, black hawthorn, and Nootka rose. The SW Ash Avenue right-of-way site contained five wetlands. Wetland 4A was an emergent mitigation site in the westem portion of the site consisting of reed canarygrass and broad-leaf cattail. A mixed emergent/forested wetland (Wetland 4B} was dominated by small-fruited bulrush, reed canarygrass, trace soft rush, and Oregon ash. An upland area separating Wetlands 4A and 4B was characterized by reed canarygrass,Himalayan blackberry,black hawthorn,and ornamental hawthorn. Wetland 4D was a small,emergent wetland pocket dominated by reed canarygrass. Reed canarygrass Fishman Environmental Services Project 97126 Page 2 Fanno Creek Trail Wetland Delineation March 31, 1998 and soft rush dominated a second emergent mitigation site(Wetland 4E)in the eastern portion of the site. Finally, emergent Wetland 4F consisted entirely of reed canarygrass. Determination of the wetland boundary was based on changes in hydrophytic vegetation and soils. Wetlands were flagged in the field for surveying by David Evans & Associates (surveys attached). Wetland determination data sheets are included in Appendix A. Vegetation noted on the four site areas is listed in Appendix B. 1 INTRODUCTION AND BACKGROUND INFORMATION At the request of the City of Tigard (City), Fishman Environmental Services (FES) conducted a wetland delineation of the wetlands associated with Fanno Creek in the vicinity of a proposed pedestrian/bicycle trail along Fanno Creek.The purpose of the wetland delineation was to assist with determining trail alignment. The City requested that FES delineate wetlands within 50 feet of the edge of Fanno Creek. Fanno Creek flows in a generally southerly direction through the site areas, and for ease of discussion,trail and sample plot locations will be referred to as being on the east or west side of the creek. The current phase of trail construction includes four site areas located west of SW Hall Boulevard and south of SW Tigard Street in a residential/commercial area of Tigard (Figure 1). The four site areas are described below, in a north to south direction. Area One, the Fowler School site, is located west of SW Tiedeman Avenue, south of SW Tigard Street, and north of the Fowler School and track, on the west side of Fanno Creek. Area Two,the SW Grant Street site, is located north of Pacific Highway (Highway 99V� and east of SW Tiedeman Avenue, both north and south of SW Grant Street, on the east and west sides of Fanno Creek. Area Three, the Dolan property/SW Main Street site, is located south of SW Main Street, east of Maplewood Drive, and west of SW Burnham Street, on the east side of Fanno Creek, and extends to the Ash Avenue right-of-way and an existing trail. Area Four,the SW Ash Avenue right-of-way,continues south from Area Three on the west side of Fanno Creek. 1.1 National Wetlands Inventory The Beaverton, Oregon National Wetlands Inventory (NWI)map (Figure 2) identifies Fanno Creek as riverine, upper perennial, open water that is intermittently exposed/permanent (R30WZ). Two additional wetlands are mapped on the Fowler Middle School site. A palustrine,persistent,emergent, wetland that is intermittently floodedltemporary (PEM1 Vl�is mapped in the northern portion of the site, and a palustrine, broad-leaved deciduous, forested wetland that is intermittently Fishman Environmental Services Project 97126 Page 3 Fanno Creek Trail Wetland Delineation March 31, 1998 flooded/temporary (PFO 1 W) is mapped in the central portion of the site. No additional wetlands (aside from Fanno Creek) are mapped in the other three sites. 1.2 Soil Survey Soils were mapped on the site by the USDA Soil Conservation Service (Natural Resources Conservation Service)in the Soil Survey of Washington County, Oregon (USDA SCS 1982; Figure 3).North of Pacific Highway, a band along Fanno Creek is mapped as the poorly drained Cove silty clay loam(map unit 13)which formed in recent clayey alluvium on flood plains. The portion of the Fowler School site to the west of Fanno Creek is also mapped as Cove silty clay loam. South of Pacific Highway, a band along Fanno Creek is mapped as the moderately well drained McBee silty clay loam(map unit 30)which formed in alluvium on flood plains. The Cove soil is a listed hydric soil on the Hydric Soils in Washington County Area, Oregon list (USDA SCS, 1989). The McBee soil may have inclusions of hydric Cove and Wapato soils. 1.3 Site Elevation and Topography Elevation of the sites ranges from approximately 140 to 150 feet(USGS, 1961, photorevised 1984). The sites are generally level, with steep 10 foot banks sloping down to Fanno Creek. The north/northwest portion of the Fowler School site slopes down to the south from SW Tigard Road and to the east from a scrub-shrub/forested area. 1.4 Flood Plain Information Fanno Creek is mapped within the 100-year flood plain (Zone A3), which is shown as 147 to 159 feet in elevation on the subject site on the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency (Figure 4). Fanno Creek has a broad 100-year flood plain which extends from approximately 50 to 750 feet east and west of the centerline of the creek. Portions of the site immediately east and west of Zone A3 are mapped as Zone B, areas between the limits of the 100-year and 500-year flood. Zone B extends approximately 20 to 150 feet beyond Zone B. The floodway extends from approximately 20 to 400 feet from the centerline on either side of Fanno Creek. It is likely that the majority of the proposed trail will be within the 100-year flood plain. 1.5 Tigard Local Wetlands Inventory The majority of the four site areas are mapped as wetlands or are within the resource unit boundary as shown in the Tigard Local Wetlands Inventory Offsite Option and Wetlands Assessment, conducted by FES in 1995 to update the City of Tigard's existing wetlands inventory. Area One is mapped within wetland Site B-5,Area Two is mapped within the Site E-5 Fanno Creek resource area Fishman Environmental Services Project 97126 Page 4 , Fanno Creek Trail Wetland Delineation March 31, 1998 boundary, Area Three is mapped within wetland Site E-6, and Area Four is mapped within wetland Site E-9. 2 METHODOLOGY The methods for determining the presence of wetlands and delineating wetland boundaries follow the routine methodology of the Army Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987) used by both the Corps and the Oregon Division of State Lands. Field work was conducted January 6 & 16 and February 4 & 5, 1998. Soils, vegetation, and indicators of hydrology were observed at a total of 15 sample plot locations at the four site areas to document site conditions. The sample plots were marked with flagging tied to lathe stakes or wire whip flags. Wetland boundaries were marked with orange "wetland boundary" flagging tied to vegetation and numbered consecutively. A total of eleven wetland areas were delineated and surveyed in the vicinity of the proposed trail: one wetland (Wetland 1) in Area One, four wetlands (Wetlands 2A, 2B, 2C & 2E) in Area Two, one wetland (Wetland 3} in Area Three, and five wetlands (Wetlands 4A, 4B,4D,4E& 4F) in Area Four. Wetland determination data sheets are included in Appendix A. Sample plot locations and wetland boundaries are shown in Figures 6 through 9. Wetlands are defined as areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. In other words, wetlands typically display hydrophytic (wetland) vegetation and hydric (wet) soils, and normally experience wetland hydrology(ponding or near-surface saturated soils) for at least 5 percent of the growing season (typically 12 days or so for this region). The growing season is generally defined as March 1 through October 31 for this region, but may vary annually. Disturbed areas require additional effort and research to confirm the three wetland parameters (disturbed areas do not automatically become non-wetland just because of the disturbance). Reference material used in this study included Reed's National List of Plant Species that Occur in Wetlands: Northwest (Region 9) and the 1993 Supplement to this list, where the indicator status of wetland plants are listed. These indicators include: Fishman Environmental Services Project 97126 Page 5 Fanno Creek Trail Wetland Delineation March 31, 1998 OBL Obligate wetland(almost always occur in wetlands) FACW Facultative Wetland(usually occur in wetlands) FAC Facultative(equally likely to occur in wetlands or non-wetlands) FACU Facultative Upland(usually occur in non-wetlands) UPL,NOL Upland,Not Listed(almost always occur in non-wetlands) NI No Indicator(insufficient information available or plant is widely tolerant) Soils are described with standardized color chips (Munsell Soil Color Charts, Kollmorgen Corporation, 1990 revised edition)of hue, value, and chroma and by texture (sand, silt, clay, loam, muck, peat, etc.). Other materials used in this study are included in the Reference section. 3 WETLAND AREAS A total of eleven wetlands were delineated in the vicinity of the proposed trail in the four site areas. Both emergent and mixed emergentlforested wetlands were present. Wetlands were located on both the east and west sides of Fanno Creek. Fifteen sample plots were examined to document site conditions; their locations are shown in Figures 6 through 9. 3.1 Area One-Fowler School Site The Fowler School site contains a mixed emergent/forested wetland (Wetland 1) associated with Fanno Creek which extends west of the creek across the majority of the site. The emergent wetland in the western portion of the site is dominated by reed canarygrass and meadow foxtail. Small amounts of quackgrass and vetch are present, as well as scattered Douglas' spirea, ornamental hawthorn and Himalayan blackberry. The forested wetland is located nearest to the creek in the southern portion of the site. Dominant vegetation includes Oregon ash,willow,Douglas' spirea,reed canarygrass,and smooth scouring-rush. Two sample plots document wetland site conditions and are discussed below. Sample Plot 2 was located in the northeast portion of the site, on the west side of Fanno Creek. Vegetation was dominated by reed canarygrass and meadow foxtail. Soils were a very dark grayish brown (lOYR 3/2) silty clay loam with no redox concentrations to 6 inches. From 6 to 16 inches, soils were a very dark gray (lOYR 3/1) stiff clay with brown (lOYR 5/3) redox concentrations, oxidized root channels, and gley starting at 16 inches. Soils were saturated to 4 inches from recent precipitation. Plot 2 was determined to be wetland based on a predominance of hydrophytic vegetation, low soil chroma of l, and hydrology. Fishman Environmental Services Project 97126 Page 6 Fanno Creek Trail Wetland Delineation March 31, 1998 Vegetation at Sample Plot 4,located in the northwest portion of the site, was dominated by meadow foxtail,with small amounts of quack grass and ornamental hawthorn and trace amounts of vetch and ` Himalayan blackberry. Soils were a very dark gray (lOYR 3/1) silty clay loam with dark yellowish brown (lOYR 4/4} redox concentrations and oxidized root channels. Gray (lOYR 5/1} depletions were present at 14 inches. Soils were saturated to the surface, and depth to free water was 0.5 inches. Plot 2 was determined to be wetland based on a predominance of hydrophytic vegetation, low soil chroma of 1, and hydrology. The wetland area extends upslope to the west in the northern portion of the site. The wetland boundary was not flagged in this portion of the site; the boundary was only flagged in the vicinity of the proposed trail. There may also be wetland pockets upslope to the north of the wetland boundary, where there are openings in the Himalayan blackberry and black hawthorn canopy and meadow foxtail is the dominant vegetation. Uplands located adjacent to the wetland area were dominated by reed canarygrass, meadow foxtail, tall fescue,bluegrass,rose, Himalayan blackberry, and black hawthorn. A ball field is located in the southwest portion of the site which consists of fill soils planted with bluegrass species. The ball field ponds water on the surface from recent precipitation, but soils lack hydrology indicators below the surface horizon. No sample plots were located in the ball field. Four sample plots document upland conditions and are discussed below. Sample Plot 1 was located in the northeast portion of the site in a fill area at the top of slope. Vegetation was dominated by meadow foxtail with small amourits of reed canarygrass and Himalayan blackberry. Soils were a very dark grayish brown (lOYR 3/2) silty clay loam with faint redox concentrations to 16 inches. Soils were saturated to 4 inches from recent precipitation. Although Plot 1 met the vegetation and hydrology criteria, Plot 1 was determined to be non-wetland based on soil chroma of 2 with only faint mottles. Vegetation at Sample Plot 3, located approximately midslope in the north central portion of the site, was dominated by meadow foxtail, with small amounts of reed canarygrass and tall fescue, and a trace amount of vetch. Soils were a very dark grayish brown (lOYR 3/2) silt loam with no redox features to 5 inches. From 5 to 9 inches, soils became a dark brown(7.SYR 3/2)silty clay loam with faint redox concentrations. Soils were a dark brown (lOYR 3/3) silt loam with faint redox concentrations from 9 to 14 inches. Soils were saturated to 5 inches from recent precipitation. Although Plot 3 met the vegetation and hydrology criteria, Plot 3 was determined to be non-wetland based on a high soil chroma of 3. Sample Plot 5 was located in the northwest portion of the site. Meadow foxtail, Himalayan blackberry, and ornamental hawthorn dominated the vegetation. Trace amounts of sword fern and vetch were also present. Soils were a very dark grayish brown(lOYR 3/2) silty clay loam with dark brown {7.SYR 4/4) redox concentrations and oxidized root channels to 5 inches. From 5 to 12 Fishman Environmental Services Project 97126 Page 7 Fanno Creek Trail Wetland Delineation March 31, 1998 5 REFERENCES Environmental Laboratory, 1987. Corps of Engineers Wetlands Delineation Manual, Technical Reporl Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Fishman Environmental Services, 1995. City of Tigard Local Wetlands Inventory "Offsite Option" and Wetlands Assessment. Hitchcock, C.L. and A. Cronquist, 1973. Flora of the Pacific Northwest. University of Washington Press, Seattle. Kollmorgen Instrument Corporation, 1990 revised edition. Munsell Soil Color Charts. Baltimore. Reed, P.B., Jr., 1988. National List of Plant Species that Occur in Wetlands: Northwest (Region 9). U.S. Fish and Wildlife Service Biological Report No. 88 (26.9). Reed, P.B.,Jr., et al., 1993. Supplement to List of Plant Species That Occur in Wetlands: Northwest (Region 9). USDA SCS, 1982. Soil Survey of Washington County, Oregon. United States Department of Agriculture, Soil Conservation Service in cooperation with Oregon Agricultural Experiment Station. USDA SCS, 1989. Hydric Soils in Washington County Area, Oregon. US Department of Housing and Urban Development, 1982. Flood Insurance Rate Map, City of Tigard, Oregon, Community-Panel Number 410276 0003 B. USDI Fish and Wildlife Service, no date. Beaverton, Oregon National Wetlands Inventory map. 1:58,000 CIR, 8/81. USGS, 1961, photorevised 1984. Beaverton, Oregon 7.5' topographic quadrangle. Fishman Environmental Services Project 97126 Page 12 Fanno Creek Trail Wetland Delineation March 31, 1998 6 SITE DATA SHEET Project Name: Fanno Creek Trail Project Number: 97126 Staff: C. Mirth Walker, Christie Galen& Stacy Benjamin Site Visits: January 6 & 16, February 4 & 5, 1998 Applicant: City of Tigard Contact: Duane Roberts, Planner 13125 SW Hall Blvd. Tigard, OR 97223 (503) 639-4171 fax 684-7297 Location: Four site areas: Fowler Middle School, SW Grant Street, Dolan property/ SW Main Street, and SW Ash Avenue right-of-way, all located along Fanno Creek, west of SW Hall Boulevard and south of SW Tigard Street in Tigard, Oregon. County: Washington Adjacent Stream: Fanno Creek on site Drainage Basin: Fanno Creek is a tributary to the Tualatin River Flood Plain: Yes,all four site areas are in Zone A3 (areas of 100-year flood) and Zone B (areas between 100- and 500-year flood) on City of Tigard FEMA/FIRM map Community Panel Number 410276 0003 B (revised 3/1/82) Topography: Elevation of the sites is generally level and ranges from approximately 140 to 150 feet, with steep 10 foot banks sloping down to Fanno Creek. Soils: (13) Cove silty clay loam (hydric) and (30) McBee silty clay loam (hydric Cove and Wapato inclusions) Vegetation: Emergent and forested wetlands, and a variety of upland vegetation communities _ T/R/S: TIS /R1 W/Section 34, SE '/,, T2S / R1 W/ Section 2,NE '/4 &NW '/4 Proposed use: Recreational, undeveloped Present use: Undeveloped Past use: Undeveloped Surrounding areas: Residential, commercial Determination: 11 wetland areas delineated and surveyed; trail alignment will avoid wetlands where feasible Fishman Environmental Services Project 97126 Page 13 / . ��It'r'F � ilill'�I , � � � ��� .��•.� � '� � ,, . -�--_ � + •. I��` �� � � �` �� . �s-j+.�. I � � .��� � �� � �����t..+-����; /,�i' ���tr—.: �-�, ,- - = ,,. .. � �� �c.�� -�rrr�-��. ` � �,. i� � .\ _ F ���-- --�--�----�- � ; - = , �, � ,_ �[��i��llll�i�� �� -:.;,���'' � , � ��� i���� ' •i�Il�II11����T. u _�• . _��-�- ,- , .�---� . - �,��,�,�"'-�. 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J �h��2��� �,,1 3`} �:�-r-=r-_.�f��p �Q� `�'•• � J` ' .ot= ��. y. 4` � • , Y� ; .Z� �3OIh/ � x �g_ � :` . f '`� � � �(a1V� .�X! !.\ � �`- '`"- J `� �. .:L . 3'.. t t' ,-� '' `' .�''�, ,. . ���''P,�,�'<z�:� - . .:-; , � ,/ 21 �' ` �, '�2 �,�(� � ..v.• LEGEND R30WZ-Riverine,upper perennial,open water, Fanno Creek Trail intermittently exposed/permanent DRAWN: S.[3cnjamin PEM 1 W-Palustrine,persistent,emergent, Wetland Delineation intermittently flooded/temporary �PROVr:D: t�.wa�ke�_ PFO1W-Palustrine,tiroad-leaved deciduous, forested DA�: Ma�h�998 _ _ NATIONAL WETLANDS INVENTORY MAP intermittently flooded/temporary SCALE: 1 inch=2,000 feet �����U����,� - o�,�.�,,�o��,�g�m�� Figure # 2 Source:USFWS BeaveRon,Ore on NWI(�uadran le, "-- - F"h°""�""°°m"'m's�"'"" g K g " �{PUN� ; 4)4 NW Sixth Avcnue•Suite 304 1:58,000 CIR,8/81 °-��� Portlend,Ortgan 9noeaeoo project# 97126 503 224-0333 i � � p ., , V.. � '- 1 Yr' - '�,,,,�,7�r.. ��fl• c:wruo� •.a t � - "` � .k�� ;'��t�.," r y4r. .x �7triX.:;_ _ . ��}„l, �ti�`�� 13 = .i:.r, ;'•'"2'2 �c '.�' l.'.�t �q:� '> �_" , I �3 t. - --- a ; `. 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'± +• k" � �� �, r` 2X � � d5[� � e ''��o`� k 10 �,� yk 7G`�4 ,t �` F � g � � _~'q�� 's��l . ��: ���°` � 'fi` ' �'�i� 't' ..�ri.f �• .�� t" i�w9 7� .;;. _,�-B�'" ' :�F• �- :F ��. � R �41 '�.� n / -t� � -_ � :.y .� r: �.�.v �/. a ..v �'�� � -+�� ��. t�.� • '.� ��� , At�`"7�'' ��,,'"��,f�� �33g �'�l� n IB ��� Q7A .7�� ,?.�i-I��2`J ]^ �, ��r . `�� . �`ll?��_� '�:'���ti:.rr� �k. . . 3`T1P'..a .. . �'�.� . ' LEGEND 13 -Cove silty clay loam(hY��) DRAWN: S.Bcnjamin Fanno Creek Trail Wetland Delineation 30-McBee silty clay loam APPROVED: M.Walker (hydric Cove&Wapato inclusions) DATE: March 1998 -- -- SOILS MAP SCALE: 1 inch=f,667 feet co,u�tra�v M�ror��d 0 �nrumlrerouicemanagemrnl Figure # 3 , Fishmm EnvironmenW Servic�s Source:USDA SCS Soil Survey of Washington County, � ; a3a Nw s„nnn�n,��•swti�� Pro eCt# 97126 Ot'egon, 1982,sheet 44 ��4� soi z a o°iis°°97Z°9��6°° � s��•tp , \� m o _ ,, J N � -- �r a � �.J � � - _ —_'. kniiTii:sCST TlGnnn —___ST -;.,.---_— ZONEC � � LEWIS 3 SW C \ N T a' > zoNE o ,� Z LN N ' a i m "' � 'QO rI Z � a W I Zon►C� � - = 3 = � W rn 20NE C S � � � Q = MEADOW STIItiLI OLT . _ h��Sr , . N � � � ZONE B- ZONE 8 KATMERINE STREET . `/ � \, ZONE 6 ZONE A1 ' GO� � J zoNE ai � � r� �.�a �P � . ,�rp.H Y ZONE84R� c�M'yFqc, C,,��� . � ZOti. \ � ..'l.A �`' 4� Sk, �'� �, S ,�.����i•;.:EST P C I iIEDEMAN- � TRFFT �� Sr 5S �f STPEET Ty I ZONE B ` ZONE C $ �,P�a I — S� �� � _ CL��ESDALEP ,��� B z� R �,�. co coAaoanTE�im�rs 2�� S,o O�� W G . � lH JS� � � A< Q wFST � �/ So ���c�4 � 155 �� � ZONEB S� °�9�'� C p �,\ ZONE B ,,`,'�5� PF. hN.S�H �� '' . , / gP �i/ �G9 ST �j. �q��Gl �� ,y��F j AM� y9� S // GQP ti2�f " �\ / � � PPt��rj'� Sr / �P� \�' E�p y PJF. ST s`r 5� _ t�F\ � .• u� PP r Y a 5'' ��51 .' 20NEB Z�/VE � . 0 �J sw 3 , 2pNEC J / ZONEB' � � sC P O � S J � �{ D ELL �T y h'o` s �V� ��R� . P�� o� P�c'F, W = T . � 3 ��: \�� C sr `�r �\����r SW PARK S7 aP�j`�� �� P � ..�.P� .. LEGEND Fanno Creek Trail Zone A3 -Areas of 100-year flood,base elevations determined Dx.awx: s_se�am�n _ APPROVED: M.Walker Wetland Delineation Zone B -Areas beriveen the limits of the 100-year flood and 500-year flood DATE: March 1998 FLOOD PLAIN MAP Co�cuflants in eco(ogy and SCALE: 1 inch=800 feet naturn!resource managemenr Figure#4 �" '�— Fi+hmen F,nvimnmrntal Services Source: Flood Insurance Rate Map,City of Tigard,Oregon, 1982.Community Panel „�4�MAN � �a��,orcsonV 97209 3600304 Number 410276 0003B (503)224-0333 Project# 97126 i »__ _- -- _ . '-__'___'__ _ -$T �� • I • � �, ` � � : 7i' , I � � I` � �'°r��, t� .I---� 1 cl,Ir,l•I I � - i I �,� : . , ,, .�l/ 1 , �,. ' � �� lill ` B-5 � '� \ � r�} � ' �.i \, '� � �u1 i � ���._ I � `,'�; � ' L i ;�I . . , �`, ` 1 ��,.:« i +4 � // I ` � I •1 I f. ._I_ �_"_ �� ;;�i,�:i i � � �a �d��l.� 1 ' ��` ��� IIIIIIi� � �� �I�((l � ' it � i ���: / � _ , . � � y � '• 5 � IU16r! . ��• l� f/ � J l�'+.%!i. �� �i�, ' I I' 6j7 � _� - ' •1! � �.`J_/ �tir�� /j'\\ I I�l l � � �r / �� _� �~� �� .-.� (6q) / �\ �.�a�Y-•�J-.. � l> I �, � l7' /.. .I/ ,_ 4t� J )- \. ,-�_ J ; ��•, �► )1� � f; __ � 'f, �-y, - .;� ' ' � '� �`,` . , ,I S �/ � T . .�` i=ES��` /, `1 ,// j, . \ '_.\��� � - ;.�)` � ���� � I�}� l_�� +� �`�� ...� �1" `\�/ �/ / %l� . i_ � � .. 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" �.' �,Hi 1 - �. _ f. , , , � � � . ,.- .:,., /�) �_I __ _ ' '�. �� �. �ti <- ,_ _ � .� �.�' I '��� � � /, � � i r. .�� � 1_�_�.I-1 .1__ }�;>,�; � :,;.� ,�:� ;< s�. .� ,�_ (.�^„ �' ; > �� " �;�. R AR _ LL' ' f._ 'i/`\� ( ``�J�` �• .�i��Y�� � __ � ( _I I� I I� — i_�_ ,/ ,� � / �`. ` �;/; )�� � -tj�r � t�i�G � - ' � �'l'• .,!; ' � ;.Zt^y./ � 'y� � �. � � j � �� X , ,,`�' ��''�'�>`� f �' ' � _1 I I I I_1_1_ ,] T�_ � � -` ` � �ical 7 �� ', — __ reo« � -� ,�� ... .'� ' ` .:I�.srt �_ r,nK _ , � �. ,. .�. y y > { ..� \ F4�f_r � _ --� � ' � _ t, � _ yl�, r,.�� y4 4'"= i : �___ - - -I _. _ / . , N.F 1 ( �, � •��� . . �. �, ' ��^�:/�� ,' �9J ;��1 � , . . r � _1 ��, J � _r�` _ _ + _ - _�, - _ 1 ; ,fi,. ,. ,,:.. , � �, . ,, .1�,;. . , :�: - 1 - - ' '�' f � . . � . ,�/j_ ;�� � �;,. =1 - �I' - _ ' /i � '�`� : . - - �r LI-�'"� �_ y� �' _ - .� � f �. . � \� N \��� ���.. '%J% / y ,cP, \.;•, , � �' s''1. .` .� _ � -C11 I Ja_l I_ - , . � ; � ' �_l�'� � "`�" q , � , "-,`'.�,,.r . , r ,. ^ I _1 � � � !� I �,�'� � ' , y , a , ' ,� '�-, ` y - !��� j! v(I1r`I.� , - / 5 �p ( ''1�! , � _ •�~ 'L_ _ ... . .��'J_!�.J_•\ . � � ( _l_�__ �_ � � , l . ;- ; � �� J , yt. � _aw�ru -`_ . ��w•� , ,i" i ' � �_ �^' , ". ". � ' � � ��� a; ;�,�,��,�..�.� i� -� ; - , � . ;��,,�� . � . �_ :-;�� �Ci 1-I -�—� I 1__I I I i LEGEND � , wec�anaS Fanno Creek Trail DRAWN: S._Benjamin Wetland Delineation -- - - Streams APPROVED: M.Walker Resource Unit Boundary DATE: March 1998 TIGARD LOCAL WETLANDS INVENTORY SCALE: 1 inch=appmx.700 feet ca��rr�v�Kot���e�r F,1 ille # 5 _ - ,�,.�.�o��,� g n .FitM�en FrviroomrnW Scrviccs Source:City of Tigard Local Wetlands Inventory ` �rua ; ,3a rrw s�w���„�•s��soa pro eet# 97126 "Offsite Option"and Wetlands Assessment, 1995 '�4� Sp�p�jo�9�209�600 .1 - - - ---- — — � _, _ _ _ _ _ _ _ _ � „ � � • - � —__ _ -� PLOT 1-1- \\'\ � � - � �� �.�c� �,�� I .�9.WHOp \ \\� \\ .( �� . ��\\ \\ `\ \ . / � i i�:u..os" i ` � \ . � . . . . ��s,�sco 1 \ \ �\•\` \ M�°iQ \ \ � � ��'.rnc-� trx \\ \�� � Sh, � �, o�� .nus�w.��� ��_—__�`` n � \ U� I KR11 \\ _�� `\C ";o-a r ��T��' Z----���_ ` ��\ 'M4'ti' � a�� l �� � '�i:•.w.w `\'yL`c.�\ a is w ,00 r.00tt. \ �ec�„nao � �n.a �\ \ 'a.owva' .� � �e i �.M�, � �ET�P�ND �,Fq�,, ��� _i_ . roa �� „�I'�Q��,�, \��CRF\� \ aM�i«"�N� i � � r� ���f \ .nw ro wsn,ee• crt��u.0 � � � I � �� \��`\ � `\ \ /:,n:io�on a nc.no lutHr Cdr11e0. � I I �MMlR 0 DRM!' 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Yrw \.saa�u �sti�+�[ \ \ �G •M ....!o..(r7.y� —r°�py}� \� � I � I � �1 ' �o•.a ausiue f°�) � . o � ........ �ae�aur .\ I N auwGt � wR ar \ [W+yMT� '�1���+rt,qR[�L �i ' S� yp� u� �� �1 ��uZRL / � T ,{J� 141RP1i ,. >a-1 �Q 1 (J `� r� :i*.c�°Ni+n�a - __ cw»ydr � - !� � 'DU CWn4' ��'�(OGO '''�, 1 J , I �/S �`�u.n a 'ou ca:n�a R i ,r.v� r d M'�9r PLoT �� u� C�I�L/-� ,��.� .�,�,: N D .,u„m L.✓� e•a�sra �r � °A'��0 `ma or +�.o� 2_y :�� � ,;;,�% P�oT� ,..�..� ..ti..� , � LEGEND � DKAV✓N: S_Benjamin Fanno Creek Trail Wetland Delineation r�i s�( z��9 r � ��'f J'��'GI.V`�_ APPROVED: M.Walker __ c.i -- AREA ONE-FOWLER SCHOOL SITE DATE: —M-��h 199s_ _. WETLAND MAP AND SAMPLE PLOT LOCATIONS Source:David Evans&Associates, Inc. 2/]0/98 SCALE: As shown Figure # 6 Project# 97126 WETLANL �.TERMINATION DATA SH�ET- j7 MANUAL �� �-- Project #: �I�oSite: Fol.-�l e,r Sc.�ol Af'calCounty:��rorF� State:o� Date:aJ�Iq£'� Plot: 1- ApplicanVOwner: G��k-T�.� T�o�zr� Sect.(1/4)3ll�S� Township JS Range�w Wet / U Plot Location: -�r11 �rca a��zc-e.�} �-O ��'���. -�z�p � S��pe Topographic Location: � " �u•�r�,oGILS� �� P��►�S Do normal environmental conditions exist?� N Explain: Are soils_ vegetation_ hydrology_significantly disturbed?�l Explain: D VEGETATION *Dominant Plant Species % Cover Ind. *Dominant Plant Species % Cover Ind. Herb Stratum (% total cover: 1� ) (5 ft. radius) Shrub/Sapling Stratum (% total cover: ) (5' rad.) Q/klope�arc�s (a�a �;S �1C� FA{-�.J 1. Rubc.�..s �,'.sca!o r -� �AC.(�1 2. P�alar�s arur,��►-�2cea 10 �� 2. 3. 3. 4. 4. 5. 5• 6 Tree Stratum (%total cover: ) (30 ft. radius) 7. 1. 8. 2• 9. 3. Remarks: Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): �/1 = IOC�°70 Hydrophytic Vegetation Criterion Met? YES NO NWI Class SOILS Mapped unit name:��ve S�I-�t��la�� Matches Profile? Y N Taxonomy: U��,G haPl�qc,�ollS DrainageClass:pc��l(a �lz��� Depth Horizon Matrix Color Mottle Abund., Size, Color, on Pores/Peds? Texture, Struct., Other o-(6 �a �a�r,-►- r,a+�S S 1GL Histosol Reducing Conditions (test) Hi. Organic Cont. Surf. Layer Histic Epipedon Gleyed Organic Streaking Sulfidic Odor Mottled(w/i 10") Organic Pan Prob. Aquic Moisture Regime Concretions (w/i 3", >2mm) On Hydric Soils List Remarks: Soi IS bc�.�,� IoY� 3/3 til u ' Soc�-3�, ;r� PN,�� -�r�ta�caio���1�. �ar+;r,o-, Hydric Soil Criterion/Indicators Met? YES NO HYDROLOGY Depth of inundation: Depth to free water: Depth to saturation: �'�l�� seeps: 1° Indicators 2° Indicators 2° Indicators Inundated Oxidized Root Channels in upper 12" Local Soil Survey Data , �Saturated in upper 12" Water-stained leaves FAC-Neutral Test Water Marks Recorded Data Available (aerials, gauge)? Explain: Drift Lines Other: Sediment Deposits Remarks: S � � �" fi� Drainage Patterns Wetland Hydrology Criterion/ Indicators Met? YE NO DETERMINATION: Is this plot a Wetland? YES NO Comments: Determined by: d� � i Fishman Environmenla!Services rcv 9/97 WETLAND . �TERMINATION DATA SHEET - 1 MANUAL ��Z Project#:�a(o Site: �C,Jlcr .SG�-�ou)�k'ca�County:���r�o��State: �Q Date:alS/98 plot: a Applicant/Owner:Gi Ti" Sect.(1/4) 3�S� TownshipJ S_Range �� et / U Plot Location: ^' �� �S o .'- Topographic Location: ^'3� b���.-J P«'.�, G����mm�S y ��'�i�S Do normal environmental conditions exist?� N Explain: Are soils_ vegetation_ hydrology_significantly disturbed?�Explain: VEGETATION *Dominant Plant Species % Cover Ind. *Dominant Plant Species % Cover Ind. Herb Stratum (% total cover:1� ) (5 ft. radius) Shrub/Sa�ling Stratum (% total cover: ) (5' rad.) �, �I�rr.S an�r��,�r-,a c� .�_ �� 1- Q�C�oDa Gc�rZ.1S D�a-�.rSi.S � LLt�1 2• 3. 3. 4. 4. S. 5. 6 Tree Stratum (% total cover: } (30 ft. radius) 7. 1. 8. 2. 9. 3. Remarks: Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): �/a = ICYS a Hydrophytic Vegetation Criterion Met? ES NO NWI Class �/�I SOILS Mapped unit name: �r �S;-}-t,, G�a�.� )o�� Matches Profile? Y N Taxonomy: l)r=r}�'G Na�l ao� ol?S Drainage Class:.poof�u �z�r�� Depth Horizon Matrix 3olor Mottle Abund., Size, Color, on Pores/Peds? Texture, Struct., Other o -(� o�'R a n� r�-��s s�cL ("l(0 3 C�•-,l M 1oYQ /��I ec�L'16`'�U R G S-h' G1� Histosol Reducing Conditions(test) Hi. Organic Cont. Surf. Layer Histic Epipedon �Gleyed Organic Streaking Sulfidic Odor �Mottled (w/i 10") Organic Pan Prob. Aquic Moisture Regime Concretions (w/i 3", >2mm) On Hydric Soils List Remarks: Hydric Soil Criterion/Indicators Met? E NO HYDROLOGY /, �� Depth of inundation: Depth to free water: Depth to saturation: Q_7 seeps: 1° Indicators 2° Indicators 2° Indicators Inundated �Oxidized Root Channels in upper 12" Local Soil Survey Data �Saturated in upper 12" Water-stained leaves FAC-Neutral Test Water Marks Recorded Data Available (aerials, gau�e)? Explain: Drift Lines Other: Sediment Deposits Remarks: Sa-k.�ra-4im��o�c,'�i-�-��� Drainage Patterns Wetland Hydrology Criterion/ Indicators Met?� NO DETERMINATIONo Is this plot a Wetland? � N� o� RU,1� Comments: I..�L b un�_�I ao� o-�_� Determined by:�Mw t-5� Fishman Envrronmental Services«�9iv� WETLAND ..�;TERMINATION DATA SHEET - . 1 MANUAL �-3 Project#:��'��Site: FcY.�1� 5�1.aol�r'ca1 County:������i�n State:� Date:a�5198 Plot: 3 Applicant/Owner: Li� o.0 -i"i"o>�r� Sect.(1/4)3�1 S� Township� Range I� Wet / Plot Location: '� 300� L.� c� Plo-l� 1 �5 � N o� �� bO����-� I� Topographic Location: i�(.�-� �� � Do normat environmental conditions exist? N Explain: Are soils_ vegetation_ hydrology_significantly disturbed?�Explain: VEGETATION *Dominant Plant Species % Cover Ind. *Dominant Plant Species % Cover Ind. Herb Stratum (% total cover: ��D ) (5 ft. radius) Shrub/Sapling Stratum (% total cover: ) (5' rad.) ��lo Pecc-�2.�5 Dfa�-�rSi S �_ �i4Gl.J 1. 2..��-.a I�i S a rt.+r,�,•n a.�ea J<, � 2. 3. F�ft.�G� �2�r��;na.Geo1 � � FAC= 3. 4. U i"L,'a Sp — �"'r _" 4• 5 5. 6 Tree Stratum (%total cover: ) (30 ft. radius) 7. 1. 8. 2. 9. 3. Remarks: Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): �II = IUD d Hydrophytic Vegetation Criterion Met? ES NO NWI Class SOILS Mapped unit name: �V� Si�-�-�1 u a�a )oar� Matches Profile? Y N Taxonomy:��-}iG Naol�nr�nl)S DrainageClass:�)[� �la'r`�� Depth Horizon Matrix C,olor Mottle Abund., Size, Color, on Pores/Peds? Texture, Struct., Other o-� !U� � a r�o r-,o+� � S r C , sa-� ,�9 �:�yR 3/a ��,�r„e .�a.;t,-� n-.r�� �S;c�l. q-1 y 1v�2 �/3 �-� ^ne- �a;r.+- �o�S S i L Histosol Reducing Conditions (test) Hi. Organic Cont. Surf. Layer Histic Epipedon Gleyed Organic Streaking Sulfidic Odor Mottled (w/i 10") Organic Pan Prob. Aquic Moisture Regime Concretions (w/i 3",>2mm) On Hydric Soils List Remarks: Hydric Soil Criterion/ Indicators Met? YES � HYDROLOGY i� Depth of inundation: Depth to free water: Depth to saturation: �ys seeps: 1° Indicators 2° Indicators 2° Indicators Inundated Oxidized Root Channels in upper 12" Local Soil Survey Data �Saturated in upper 12" Water-stained leaves FAC-Neutral Test Water Marks Recorded Data Available (aerials, gauge)? Explain: Drift Lines Other: Sediment Deposits Remarks: sa�u�a-I;u, -�� P/�'-�(�i-1a�� Drainage Patterns Wetland Hydrology Criterion/ Indicators Met? ES NO DETERMINATION: Is this plot a Wetland? YES O -` �4'��G'�" �y��^°���y ��� �� Comments:z� b�'�eS /�� a e y Determined by: �'l�Vl!'t-�g Fishman Environmental Services rev.9/97 WETLAND . �TERMINATION DATA SHEET - : ' MAIYUAL 1-� Project#:�� Site: FoC,�l�r ,SG!-ool��1 County:l�Ja_51,ir��-� State:oR Date:a� Plot: L� Applicant/Owner: Gi��� �Po�� Sect.(1/4)�S� Township1s Range �LJ e / U Plot Location: l�eS�r� �r c.-, Sl� Topographic Location: r���u ��� � S�o,pe Do normal environmental conditions exist?0 N Explain: Are soils_ vegetation_ hydrology_significantly disturbed?�Explain: VEGETATION *Dominant Plant Species % Cover Ind. *Dominant Plant Species % Cover Ind. Herb Stratum (% total cover: �Od ) (5 ft. radius) Shrub/Sapling Stratum(% total cover:_�) (5' rad.) 1. �I D�eC�c,��S D��r�S i S � �_l.J 1.��a e�,�5 r�or��un a 5 �C,�d� 2. rb�r.ra-, r�a�r.� � F�G_ 2.Ru.�uS ��Scolar -�-f �� 3.,)i G�a S�P �!L 3. 4 4. 5. 5. 6 Tree Stratum (%total cover: ) (30 ft. radius) 7. 1. 8. 2. — 9. 3. Remarks: Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 'l� _ �O v�o Hydrophytic Vegetation Criterion Met? � NO NWI Class P�/�'1 SOILS Mapped unit name: ��x° Si��c.a Gr� �o� Matches Profile? Y N Taxonomy: �er-4iC N a D)a G[.�o11S Drainage Class: P����-r �z�r�� Depth Horizon Matrix Color Mottle Abund., Size, Color,on Po�es/1'eds? Texture, Struct., Other �f� �D yR 3II �,,�-r-� bYQ`�/�►!IoYRS/�� 1� , o�c. 5 tc L Histosol Reducing Conditions (test) Hi. Organic Cont. Surf. Layer Histic Epipedon Gleyed Organic Streaking Sulfidic Odor �Mottled(w/i 10") Organic Pan Prob. Aquic Moisture Regime Concretions(w/i 3",>2mm) On Hydric Soils List Remarks: Hydric Soil Criterion/Indicators Met? ES NO HYDROLOGY ,� Depth of inundation: Depth to free water:�- '��r Depth to saturation:0�1� seeps: 1° Indicators 2° Indicators 2° Indicators Inundated �Oxidized Root Channels in upper 12" Local Soil Survey Data �Saturated in upper 12" Water-stained leaves FAC-Neutral Test Water Marks Recorded Data Available (aerials, gauge)? Explain: Drift Lines Other: Sediment Deposits Remarks: Drainage Patterns Wetland Hydrology Criterion/ Indicators Met?(�E NO DETERMINATION: Is this plot a Wetland? S NO Comments: l.✓��'�a.-�-��. ��;r`c��S �-a -I'�-�P t^-'�St _-- Determined by: CM.� f-7g Fishman Environmenlal Services rcv.9/97 WETLAND u�TERMINATION DATA SHEET - , .1 MANUAL ��� Project#:��o Site: F�IeT SG��'��-1 County:l.�l�hi�ar�� State:� Date:a � 8 Plot: s Applicant/Owner: Gi-+-u o� T�'o��d Sect.(1/4)3�1�Township 1S Range 14� Wet / rlot Location: 30' N o.� rlo-1- y, 10'N o.� t,�L r,d�t Topographic Location: 1 � (..�PS1�_o� ��o-�' y Do normal environmental conditions exist?�N Explain: Are soils_ vegetation_ hydrology_significantly disturbed?�Explain: VEGETATION *Dominant Plant Species % Cover Ind. *Dominant Plant Species % Cover Ind. Herb Stratum (% total cover: �40 ) (S ft. radius) Shrub/Sapling Stratum (% total cover: /o� ) (5' rad.) �j1 /�Loa�rz.,��' or�r•S,'s�+�'��'loo ���(f� Rc.�bc�S �.,�s�lor 8b 2. UfG�a SP- �_ �G��a�o,us cana � ��-+�' , � 3.�olr.,.S+ic4�c�r•-, r*�u���r� � F�CU 3. 4. 4. 5. 5• 6. Tree Stratum (%total cover: ) (30 ft. radius) 7. 1. 8. 2. 9. 3. Remarks: Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): � 3 = 33�d Hydrophytic Vegetation Criterion Met? YES �O NWI Class SOILS Mapped unit name: �are Si)-k� Gl� laar� Matches Profile? Y N Taxonomy: U e�-};L Na��GUV11� Drainage Class: P��1Ca �'�f'r�� Depth Horizon Matrix Color Mottle Abund., Size, Color, on Pores/Peds? Texture, Struct., Other O-S /o Y23/a �,�-r� �.5� 4/N ,�'ec.� 62c S�c� 5-)� IoYR �/i ��,,r►.�-c�se�-_3YR 4/4 S;c,L Histosol Reducing Conditions (test) Hi. Organic Cont. Sur£ Layer Histic Epipedon Gleyed Organic Streaking Sulfidic Odor �Mottled (w/i 10") Organic Pan Prob. Aquic Moisture Regime Concretions (w/i 3",>2mm) On Hydric Soils List Remarks: Hydric Soil Criterion/ Indicators Met? � NO HYDROLOGY /I M Depth of inundation: Depth to free water: � Depth to saturation: U-Ia seeps: 1° Indicators 2° Indicators 2° Indicators Inundated �Oxidized Root Channels in upper 12" Local Soil Survey Data �Saturated in upper 12" Water-stained leaves FAC-Neutral Test Water Marks Recorded Data Available (aerials, gauge)? Explain: Drift Lines Other: Sediment Deposits Remarks: Drainage Patterns Wetland Hydrology Criterion / Indicators Met?� NO DETERMINATION: Is this plot a Wetland? YES Comments: a � a oG L cr Determined by: IN�'f- 5 Fishmnn Fnvironmental Services «.-9ie� WETLANG _�TERMINATION DATA SHEET - 7 MA1vUAL /�-�j Project #:�(�z Site: �wl� SG���ca1 County:l,Jas�,;�o��State: O(1 Date:��5 9 Plot: � Applicant/Owner:C i�a� T'o�ar� Sect.(1/4) 3�!S� Township1S Range �w Wet / Plot Location: Soc,��l.,e��-, o�-►;�-. T-G S i-}e, Soc�i�., o.L Su�-.rr�Gr�IC, tilvo' � o.� �o� Topographic Location: Do normal environmental conditions exist?�Y N Explain: Are soils_ vegetation_ hydrology_significantly disturbed?�Explain: VEGETATION *Dominant Plant Species % Cover Ind. *Dominant Plant S.pecies % Cover Ind. Herb Stratum(% total cover: �O6 ) (5 ft. radius) Shrub/Sapling Stratum (% total cover:�) (5' rad.) �I �`�°—�Drc��R As or�c�s;S 8CS F GI.,��.�,,,bc.�s �.,•s cal�r 1D FA�/ a QG°S-a, ,ra ar(.�n��r��c e_a �� �C=- 2. 3. 3. 4. 4. S. 5. 6 Tree Stratum (%total cover: ) (30 ft. radius) 7. 1. 8. 2. 9. 3. Remarks: Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): r/3 = 33�a Hydrophytic Vegetation Criterion Met? YES � NWI Class SOILS Mapped unit name: Co�� Si�-k��-+ �ozr� Matches Profile? Y N Taxonomy: U�r-�:G �1�DI�T f 1� Drainage Class: ►n� � �'r� Depth Horizon Matrix Color Mottle Abund., Size, Color, on Pores/Peds? Texture, Struct., Other o -ro lo�R 3l� no r��s 5�Z f v-1� 1 v`�Q 3/a �eca.�'r,e -�a�n-�- �*�F�S -5iC� Histosol Reducing Conditions (test) Hi. Organic Cont. Surf. Layer Histic Epipedon Gleyed Organic Streaking Sulfidic Odor Mottled(w/i 10") Organic Pan Prob. Aquic Moisture Regime Concretions (w/i 3",>2mm) On Hydric Soils List Remarks: Hydric Soil Criterion/Indicators Met? YES O HYDROLOGY Depth of inundation: Depth to free water: Depth to saturation: seeps: 1° Indicators 2° Indicators 2° Indicators Inundated Oxidized Root Channels in upper 12" Local Soil Survey Data Saturated in upper 12" Water-stained leaves FAC-Neutral Test Water Marks Recorded Data Available (aerials, gauge)? Explain: Drift Lines Other: Sediment Deposits Remarks: I''�o i S-}- �n I(.-I Drainage Patterns Wetland Hydrology Criterion/ Indicators Met? YES �O DETERMINATION: Is this plot a Wetland? YES Comments: Determined by: �MM.1 ��� Fishman Environmental Services�e�9i9� Losses and Gains in Wetland Functions The proposed project is expected to result in the loss of 0.81 acres of emergent and forested wetland. The wetland currently provides less than optimal wildlife habitat due to its location within a rapidly developing and re-developing area. The development site is bounded by � Highway 217 and 72"d Avenue, and is adjacent or very near to two newly approved commercial ; developments. The creek at the development site is separated from other waterways by extensive culverting both upstream and downstream of the development. The Oregon Freshwater Wetland Assessment Methodology identifies these factors as limiting the value of wetlands for wildlife. The existing commercial,residential, and transportation land uses, and the approved developments on adjacent lands will increase the fragmentation and isolation of resources at the development site by interrupting the continuity of undeveloped land between the development site and suburban yards to the north. The future commercial developments will also dramatically reduce the areal coverage of the remaining adjacent wetlands and forest canopy, again further isolating and lower the resource values at the development site. The site also provides limited water quality and flood retention benefits due to its small size. Mitigation is proposed at two locations: Fanno Creek and Greenway Park. � The Fanno Creek mitigation site is located away from a major freeway and commercial developments and is connected to a large undeveloped area of the Fanno Creek floodplain. However, the Fanno Creek Watershed Management Plan (USA, 1997) (the "Plan") identifies this site as being in poor overall condition. The banks of Fanno Creek in this reach, including the mitigation site, currently have 0 to 25% shade, 0 to 25% native plants and low habitat value. The Plan identifies a particular need for shade and vegetative structure in this reach. While the Plan does not identify this reach as having a high erosion rate,the creek banks are vertical and some erosion, with associated sediment loading, appears to be occurring. The Fanno Creek mitigation plan will establish native vegetation that will overhang the banks of the creek for approximately 400 feet and provide native forest vegetation for three adjacent acres. This will increase shading of the bank,help decrease stream temperatures, increase vegetative structure, and provide bank stabilization. At a 3.8:1 ratio of mitigation to filled wetlands, this mitigation plan will fully compensate for the loss of vegetation at the development site. The vegetation will also provide habitat for terrestrial stage insects, an important food source for fish. The existing mixed emergentlash forest at the mitigation site is approximately four acres in size. Removal of the approximately four acres (3.1 acres by Eagle, and 0.9 acre by the City of Tigard) of reed canarygrass and revegetating as proposed will substantially increase the size of the ash forest wetland. As tree and shrub species grow, the mitigation site is expected to provide habitat function for a larger variety of aquatic and amphibian species than those in the development site because of the site's proximity to a large undeveloped area. Permit Application—Attachment 2 Novertiber 12, 1999 . � � TIGARD, OREG4N ►��ANT• LOwE'S HOME IMPROVEMENT WAREHOUSE +s.�o F�aw�r���, suh �ss CARlSBAD.CA 92008 GENERAL NOTES� �T,�,: 5,��,EN� (760)9t8-Ot3� WETLAND ENHANCEMENT TABULATION 1.ALL WORK SHALL BE PERFORMED IN A FINISHED AND WORKMANLIKE MANNER TO THE 9�R• SATISFACTION OF THE OWNER AND DESIGNER. ALL WORK SHAIL BE INSTALLED IN TIGARD TUALATIN SCHOOL DiSTRICT APPROXIMATE WETLAND AREA 7.6 ACRES �3i39 5w aACK�C wCNw�r ACCORDANCE WITH RECOGNIZED TRADE PRACTICES, PLANS AND SPECIFICATIONS. nwao,oa �nz3 EXISTING WETLAND 3.6 ACRES coHr,�,cr: rm�Huosa+ (OREGON ASH & WILLOW FOREST COMMUNITIES) 2.CONSTRUCT OR MAINTAIN ACCESS DRNEWAY(S) AS REQUIRE� BY WASHINGTON COUNTY �yp���_2Y35 EROSION CONTROL GUIDELINESS. AREA SUITABLE FOR ENHANCEMENT 4.0 ACRES 3.CONTRACTOR IS RESPONSIBLE FOR 51TE SAFETY, WAYS, MEANS, AND METHOOS OF P�A�saNC i eNC�eniNC: PROPOSED ENHANCEMENT CITY OF TIGARD 0.9 ACRES CONSTRUCTION. DAVIO EVANS AND ASSOGATES, Inc � � 4.CONTRACTOR SHALL FURNISH ALL LABOR, MATERL4L5, EQUIPMENT, ANO TOOLS NECESSARY 28�28n��BEyjpp�EN�� PROPOSED ENHANCEMENT �LOWE�S� 3.1 ACRES TO COMP�ETE THE SCOPE OF WORK. CONTACT: KRISTINA 41FORD YdCENDE 5.CONTRACTOR TO 61EL0 VERIFY LOCATION ANO DEPTH OF ALL EXISTING UTILITIES. �503�z�'-�' BALANCE OF WETLAND AREA 0 ACRES 6.SOIL TESTS TO 8E PROVIDED BY CONTRACTOR AND RECOMMENDATIONS TO BE SUBMITTED pp� ' G-�p��wT1�1�� OWNER CONCERNING ANY SOIL AMENDMENTS OR FERTILIZATION REOUIREMENTS. r���T INI�./fIMH 1 M�1 7.DURING INSTALLAT�N, THE CONTRACTOR SHALL NOTIFY THE OWNER OF ANY CONDITIONS WHICH MAY BE HARMFUL TO PLANT LIfE. SUCH AS POOR DRAINAGE, HAZARDOUS MATERIALS, ETC. THE LANDSCAPE CONTRACTOR SHALL MAKE A RECOMMENDATION TO AODRESS THE SPECIFIC SITUATION. S.ALL PLANTS, MATERIALS, PLANTING AND SEEOING ACTNITIES SHALL CONFORM TO AMERICAN NURSERYMAN'S ASSOCIATION (ANSI). 9.CONTRACTOR SHALL CONTROL ALL NOXIOUS WEEDS INCLUDING BUT NOT IIMITEO TO BLACKBERRY, REED CANARY GRASS, PURPLE LOOSTRIFE, AND TEASEL WHICH MAY DEVELOP ON-SITE DURING WARRANiY PER100 USING MECHANICAL MEANS OR RODEO. NON-CHEMICAL CONTROL OF WEED SPECIES IS RECOMMENDED WHENEVER POSSIBLE. PRO�JECT (NFO TI SHEET INDEX 10.DIG, PACK, TRANSPORT AND HANDLE ALL PWVTS WITH CARE TO ENSURE PROTECTION FROM INJURY. STORE PLANTS IN THE MANNER NECESSARY TO ACCOMMODATE THEIR HORTICULTURAL REOUIREMENTS. HEEL-IN PLANTS IF NECESSARY TO PROTECT R00T BALLS AND KEEP THEM FROM ORYING OUT. N►r?�� 1 1.TREE PROTECTION FENCE AND SE�I�AENT BARRIERS SHALL 8E INSTALLEO PRIOR TO CRADING. �� Fµ� CREEK � �� � � THEY SHALL BE I�AAINTAINED THROUGHOUT CONSTRUCTION. N uucor� � 2 EXI�NC3 C�O�DfT10NS 12.TREE PROTECTION FENCE SHALL BE ORANGE �AESH BARRIER FENCE SECURED ON METAL 'f' s+' T�o Posrs oR z' x a- POSTS 8' o.c. Mn�c��uM. �� 3 MTIGATION SRE PLAN � �� � WALNUT 4 MTKKiAATION PLANTNC3 PLAN FOINLER YIppLE �p������y�y' ����p�y p� ��� F ��� 5 �1MLl�Ra/GT/�/1, \.+LA�1 fIVL rL/'11\ 9 w c �wr C � V f\R.�7 � m ° LOCATION MAP � _ Nor To scuF '��_�t� ��� DAVID EVANS AND ASSOCIATES, 2828 9.W. CORBET'I� .A�"E�i:F: PORTLAND.Oft. 97Y01-�&90 15031 YY3-666.9 ' I ' \ \ . N RA NOT : � � . \`� �. 1. LEGAL OESCRIPTION — T.L. 900, T.L.1000 1 Sl 34DD CITY OF TIGARO, I T.L. 1100 / T.L. 1200 `� \ WASHINGTON CO., WILLAMETTE MERIDIAN. � ' � `\ 2. TOPOGRAPHY — 1' CONTOUR INTERVAL z . . � . � . W � �\ ` 3. WET�AND OELINEATION — BY fISHMAN ENVIRONMENTAL SERVICES FOR � W � ' 27, . \ CITY OF TIGARD — FANNO CREEK p a ' � � , � 7 �� \ `� 4. FLOODPLAIN — 100 YR. FLOODPLAIN FIRM FLO00 INSURANCE RATE MAP, CITY OF TIGARO, � W � � � � � ' __---- �� 4� � `�Sk, WASHINGTON C0. PANEL NO 410276�003 8, MARCH 1, 1982 ELEVATION. � � al Q �--`'"- � � O. � _YN«o\\, � �\ c�" � T.L. 1300 �r�Faf 5. SOILS — WASHINGTON C0. SOIL SURVEY a� � _ � sa --� � ��`��� � F /� �, � � . �q,�, A. A�OHA SILT LOAM — LEVEL SOIL O SMOOTH TERRACES. RUNOFF IS SIOW. C� � � �•06� / %I� ���9 \) � � - q �� SOMEWHAT POORLY DRAINED SOILS. PERMEABLITY IS p W � t / /: ��Ta" -.,j � � / u 8• \ T.L. 1400 � ��`�, MOOERATELY SLOW. HAZARD OF EROSION IS SUGHT. � � ` Q — = ��� ;� ' �•�� � � \\ WATER SUPPLYING CAPACITY O 18" — 20'. p O 3 � r- ' �� � �`� r� '� '' ,' '�,,� 82•� �' -� I �� � � B. COVE SILTY CLAY LOAM - LEVEL SOIL ON FLOODPLAINS. OCCURS ALONG LARGE dc � _ -��, ; Qro.ch* ' f % , \ �� x � � F� � � T.L, 1500 � SMALL STREAIuIS, POORLY ORAINED SOILS, PERMEABIITY � � `� IS VERY SLOW, RUNOFF IS SLOW EROSION IS SLIGHT. �K�� l � �iJJ ', '\,` / ` ` \�.�� � X� L " 1 � \ WATER SUPPLYING CPACITY IS 20� - 26". W \ � !� OO � �F\ O � T.L. 1600 � �O � . r.000cw ' : � i l /, � `\ �,,y � � � �:b \ �v � `\ �• � '�"� � �' ; \ � `� EASEMENT � \ sa \� � � b �s:' �� �\ x � ��� �� � \ �� �`' � T.L. 1700 �� \ � /, `,.�` ��� � \ ,�'b O_ \ � ' SL� ,� � � �� / � I `D � -_ ` b \\\ x \ !?�� � � — — � � \-� � \ � � I � .\__ � �� �� Q � \ \ � ��/ � ,� I � ` \ ` i � � \\ �/ � � �" � � ��� � (wi+ \ � `\ . , �`� ,� � � � � >J'" � �, c �� � �; '`•.,, ` F � �" r.�. �aoo ��, � W ��� � ���i°�� f � \ � U =m \ � `� � AF _ � `� Q� \ n � ,� -� � /" ey� - � APPROXIMATE � � - E� ' \\ `.\ �� � � ' � �L \ � l0T LINES �w �? � 100 YR:�FLOODPaAIN / �� � \ I� / � F" OC g � \ / QU V& A � ) __� �'' '\ � � � / / \ � w� o � � . .. � � � � V � / �� ' ` AQ 0i I �� � '. � , � r � y ♦ vi � � H I W \ . >A n� I o \ — / a, a z � E X I S r I N G W I L L O W \ CR�� ` � I � A a Ng FORE,ST � k.� � `��. `\ 5 � �/ �� \ 166'_ � ' `\\ � /� � � `\ . �• T.L. 1000 y,,Op� „ � ` 1� EXISTING OREGON—/ N „� �\ � � I � ��j ASH FOREST a _ • �;�� ' �` . N y . `\�` 1 �� �,`'. � `� I � = p y Q , � N � ` < N � ". : I � . + ="_' ._ v t v J � „ N �� V ri O .`\ � � , \ O -, . _ __ .. ,._. � � � —° a � a � d � O 'a��m\ � o 970' ` � � � _�� �;�� . c�, ; , !� G��- —=�e— �-.a � � � ��'. '.n �\ i.0 rt�cc � � � T.L. 900 . � ' � � n± Q d � O � � o � � ; . `� � i � 1 _ ` � _ . _ 0 . - � I � `, ` - _ \�c�1 � �s0 o O � �\�nnca i•� \'� J I f . `•� . � O CdRSE.�.M � , � 1 � f+ . . ', . ._. . ..._.._ -- �-, ._ , \ � . �� �� — . _ � 'O COIiYEM � � � \ . .... :.. ... ....... . ._ _ . .- O � T �� � / I ' _ ' _ .. _ . _ ... . __ _�'— . . - OP, � \ c � \�� �\ \``-` \� ,- _- � �a�rTir -- -- ,�a �. _ 1�ncss I— ��. w \ /< a `\ / .' � ., \ , � � .- -- � -�.yo� \ \ / , �< � / g �'�00�YR.\FCOODPLAIN / / �s5� .�omcwr _ - �/ 3 � � '"' ' ;. .t�iwca�� _�.., Y I -_ _... . . :�. . .. COU/'11EN7 < _ % nG `\ Y u ,/ � 8 I 1 k\ � k .. � . _ _ a � �% FOWLER �AIDDLE SCHOOL I R a / BALLFIELD I � � � � �' / �u�„ °F wu��n `,� �o� � d a „ „ o g _ �-__ , a�acsron � � coa a ° I — =` — � � ��0� � 4 ° � � � < '� ' � R . _ o �O c �i � ' I 1 _ � '� — � � �, a 7 a � WETLANO DELINEATION � � � � � I I (BY FISHMAN) o zs so �oo � � � � �� ` � K o €� . .. � � i �� .\ �` / � +' / `� NOTE: � I ` `� APPROXIMATE WETLANO AREA IS DEFINED � i \ T. � • BY FANNO CREEK ON THE EAST, SUMMER WETIlWO ENHANCEMENT LEGENp W Y � � � Q � CREEK ON THE SOUTH, AND THE WETLANO � � PROPOSEO i ��` \ DELINEATION LINE ON THE WEST AND NORTH � PROPOSED ENHANCEMENT (CITY OF 71GAR0) � W � — � � STREAMBANK � a LIVE STAKING / �� � � EXISTING WETLAND TO REMAIN UNDISTURBED � � � � � �' � � (EAGLE) � ' `�Sk, `� � OREGON ASH FOREST (PROPOSED 2.63 ACRES, fAGLE) � � ? � ♦ + A � �I '""'0 + ��� � I `��Fp�, � WILLOw FOREST (PROPOSED 0.19 ACRES, EAGLE) �p � O � � � '• i r� ��\ / / \� � STREAMBANK/RIPARUW LNE STAKING W � ` a�isa � � ��'� + � / �` �. � � � / 'i � � �y�,N (PROPOSED 0.18 ACRES, EAGLE) � < Q �o h . � .s� +t i < � ..,, a � . � � � \ 0 3 .� r . � �� F F . F� _ \ � � / � `\ �� -�� � � a;� rl ��y�'� � �� .— ' . o y �'� • — ♦ ♦ +�-.�� �- R \. � \\ � s'a•.+ � �'_ '� :.';`�` \ � PROPOSED WILLOW/ ' W "�`""`� ~� � . . A � FOREST � �� �O � �' ~�'6~~ ��f�� �^ �(CITY OF TIGARD `\ �. O Y�OOOEM � � � � � �..- - r�� ��3--� o\�� \ \ I � `\ r.e-� �\ �� '� � � \.\ r`r��.-- .-.� ` .�r�- ����`F. \ �` \ � � PROPOSED O — — -a�` � l ASH FOREST (EAGLE) �^��—� ` � i � � ^--�� >--�~��� `\` `9 ` / `? � I r ^ � — — ~ \ ' � \ / �� .-.-Jr----- � � � \ ` � . •-- j J•-•---. r-.&��. • � I \ / \\ � I � �� \r�� / I \ I ♦ � � 1 ~.� ' I��° � �A \ � ' � � \ `� .� ~.:-� � -� ' �'I � ' �~l� � I `C OF OVERFLOW CHANNEL \ ` ��"¢ ✓n � y i� � � x . � -�'Q�' " GRADE TO DRAIN. �� � W �� � � ��'��"_+ - b ' � `I LIVESTAKE BOTH BANKS i��'' - � � � , _ _ `���^ Cf � 5' O.C. . SINGLE ROW � � ` j�=°� 'N y-O"� , � 1 rr �� � ��. . .� -.n �� ' � ~ a ''°-, \ I / \ z F a N � �<� I , � ~1 � ` \ ( � >o °.o � , r � � 1 � — \ `z'� 3 0 � �- ,WJ W1 I , � \ . � / / . \ Q¢ oo� � W ' W ' W . . � . , ��O\� I W \ \ 7 A mF y j W W W.i ' ' � � { .. . � � C�� / � / v � AQ N6. I W �` �` ' � : PROPOSEO OREGON \'`����- I \ , �. W W l � • ` ASH FOREST � �� W ° I � W W W i 1 , � (CITY OF TIGARD) -- _– -- � . � r W W W W `\ � 1 e \ ^ - . 1 � (/� `\ ` � \� � I r �PROPOSEO ------ �--1 EXISTING OREGON � i �MLLOW FOREST ASH FOREST `\ � ��1GLE) W W � _ � � � � � � � � ° W _� . � O t � o I1 � �� tJ � �v�i o � ry� + OIAM\ O I � .- . �_ �� �� _ �����' ����a�T�o p �� • • � + lNl[i'EMCE �\ `\ " ; � ��. . n N � • �� • s[� D ' ��(� V O ti p •:f \ L' u I � (1]•1 1 tX✓ ,� o O �•O ,��iTME ���� `\ \ SQ � � � -:+ - — � � .on�aT� ' I � � - O � EOUPYEMT ,Q�, � OUPYEMi - � � \ /< �n � � 155 \ / a' I � ���� � �oa�cauT � v ^ q� EOUI'11EMT � � 1 o k\ M ~ \ bzi a I � � � � PROPOSED SHRUB ENHANCEMENT � � � "�n°f (CITY OF TIGARD) �r� � � ° uw _ • EDQ Oi N o iRALl( c y l U Y � I PROPOSEO TRAIL I _ � o � � � o i ' (CITY OF TIGARD) I < �� � I __�--�-- -- -- –_ _– -- -- –_ -- -- – _ , a � � g � BY LFISHOMAN�NEATION EXI�TIF��IA�LZDW FOR�T— —— ——� Y # $ _ o _ I I s g o zs so ,00 � r �, < ; - .. ~ G J K f �si � � / \ � � PL.ANT SCHEDULE � � `�,\ � TYPE BOTANICAL NA1AE/Commo� Nome QUANTIiY SIZE CON�ITION ` ` � / � ` TREES: FRqXINUS LATIFOLIA / OREGON ASH 526 1 GAL. CONTAINER � \� SALIX LASIANORA / PACIFIC WILLOW 94 1 GAL. CONTAINER 'j i � ��\ W Y ' � WILLOW AND DOGWOOD `� • .� SHRU85: CORNUS SERICEA / REO-OSIER DOGW000 352 1 GAL. CONTAINER = � Q IIVE STAKING `� LONICERA INVOLUCRATA / TWINBERRY 140 1 GAL. CONTAINER � {V � � 0 25 so �oo PHYSOCARPUS CAPITATUS / PACIFIC NINEBARK 140 1 GAL. CONTAINER � � � ' / `\� \ ROSA NUTKANA / NOOTKA ROSE 298 1 G�►L• CONTAINER � � W � — ! � / �� \ `� CAREX OBNUPTA / SLOUGH SEDGE 7,320 8 CU. IN. SiYRO-BLOC PLUG � � � � � ♦ 4 + i « ' � � `�S� HERBS: CAREX STIPATA / SAW-BEAK SEDGE 910 8 CU. IN. STYRO-BLOC PLUG � � Q • + �`� � / 'i �\j�FO GLYCERIA ELATA / TALI MANNA GRASS 1,820 8 CU. IN. SiYRO-BLOC PLUG � � _ � . F� SCRIPUS MICROCARPUS / SMALL-FRUITEO BULRUSH 910 8 CU. IN. STYRO-BLOC PLUG W � S , ,� q `�~ � +' ��,\ - � / `� \`y �` LNE STAKES: CORNUS SERICEA / RED OSIER OOGWOOD 91 3/4'-2" DIA. 2'-2' 1/2' BURIAL � Z' t Q � N � � ,�` � � ; j � �{�.N SALIX LASIANDRA / PACIFIC WILLOW 91 3/4"-2" DIA. 2'-2' t/2' BURIAL Q ; H �r.-+�l ,�\ \ � � � .T. NOTE: SHRUB SPECIES TO BE PIACED WITHIN 25' �F TRlUL. � 1 '� � / / � , o �N . . �\ � s � r� `.'�� ��� � a� � � � .� ` IY � a .�� x ._ = . , � m , « , �� ic \ ,,,,,, a+ + �`+_,� a � PROPOSED WILLOW/ ' �r . + �+ ± � . � FOREST . � � i r-g�� � ����7� ` �� ' �(CITY OF TIGARD�f `� �� WETLAND ENHANCEMENT LEGEND ^-< � ,�.- �� .--�sor�� �\ o� � / \\ r'�����- �-\\ '�� R � '� '� �\`\ � EXISTING WETLAND TO REMAIN UNOISTURBED �'��--r -� ��r�r� �----�` �'!� � �� \ � OREGON A5H PLANT COMMUNITY 2.63 ACRES � �OREGON�AS`H �,�'-�`� ~ ~��� � � WILLOW PLANT COMMUNITY 0.19 ACRES �,�PLANT COMMUNITY�r� -�. � � �i�� �-- �.-��,� � _�`��r,� \\ 1� � �` / � � STREAMBANK/RIPARIAN LNE STAKING ' I �,,-- ^- "�'d-r — — �� � ' r r �� r:a.�r�.. \~ � 1 \ ( `\ I J r � / I \ ` OREGON ASH PLANT COMMUNITY ��2 �"b � i r � ''� ~.:r� .;� \ � � \ � `\ BOTANICAL NAME/Common Nome UANTIiY !�E�{ r.� I ' , I -��lr ° � � � �� � %� �� J � � FRAXINUS LATIFOLIA / OREGON ASH 526 ��t�' °. « i ���J ��� _ R r ��X �,S�o� PACIFIC W���oW 22 � ���� F � ' � � OF OVERFLOW CHANNEL. � � v� ; �z � <o.`�� . ~ � �� GRADE TO DRAIN. � � CORNUS SERICEA / RED-OSIER DOGWO00 270 W m� I � ` •:�' `'� � � L I V E S T A K E B O T H B A N K S LONICERA WVOLUCRATA / TWINBERRY 95 z< O� \ 5' O.C. � ¢U U � �� �f �� ` I � PHYSOCARPUS CAPITATUS / PACIFIC NINEBARK 85 W o 0 � a � ^' � I � � ROSA NUTKANA / NOOTKA ROSE 146 A� �< � i _I �vl � �� � / � \: CAREX OBNUPTA / SLOUGH SEDGE 6.600 ¢z r a � 3 1 +� +� , �. ���� — W C A R E x S T�P A 7 A / S A w-B E A K S E D G E 800 A a N g N +� + W � C� / _ � I U GLYCERW ELATA / TALL MANNA GRASS 1,1 0 0 0 I W� W .r � �F,����. I SCIRPUS MICROCARPUS / SMALL-FRUITED BULRUSH 790 � , - W W W �OREST (CS7Y OF TIGARD) � \/ � I �� � W ' ' . . �� �� �� � � �W W �. .� - M j WIILOW PLANT COMMUNITY LOWE'S � I BOTANICAL NAME Common Nome i WILLOW.PLANT � I QUANTITY i � oCOMMUNITY W � EXISTtNG OREGON � � W� W W ♦ W .r N N � 7 ASH FORE$,T N SALIX LASIANDRA / P A CIFI C WI L L O W 7 2 � — �` =� � � °� � � � '�u�i � o CORNUS SERICEA / RED-OSIER DOGWOOD 82 � I � - � = _' _- ��g �����_-�r--� --�_�T_S�'' __��'_ • . _ � �, n„ � o . o�— „ - � LONICERA INVOLUCRATA / TWINBERRY 45 � �---�•---� I � � � � r� � �� O �Q � � � . PHYSOCARPUS CAPITATUS / PACIfIC NINEBARK 55 o �.-r-��� �� _ � � �� O �` ROSA NUTKANA / NOOTKA ROSE 60 , .�,--�� .�.� � , _ - i � -fs+ ' I o i I N � ^ � �� - � � � CAREX OBNUPTA / SLOUGH SEDGE 620 CAREX STIPATA / SAW-BEAK SEOGE 100 � � � �� � �� , GLYCERIA ELATA / TALL MANNA GRA55 520 � I F � — + SCIRPUS MICROCARPUS / SMALL-FRUITED BULRUSH 120 � a o � � � � \ � i � p k o I 2 �\ � �� + � n � � ~ � SHRUB ENHANCEMENT � �IVE S,4TKES pUANTIiY „ o � (CITY OF TIGARD) � � • � BOTANICAL NAME/Common Nome � � � � I o a c kzi � PROPOSED TRAIL I CORNUS SERICEA / RED OSIER DOGW000 91 i ' (CITY OF TIGARO) 1 � I --�-----�--�-- ----- -- -- -- -- -- - 1 SALIX LASUWDRA / PACIFIC WILLOW 91 € $ ^ I i WETLAND DELINEATION EXI�TIA'G-VDILZII�P F'ORE�T'-- -- --� � � � � I I (8Y FISHMAN) ` � � Fy0 PLANT NOTES SEE SHEET 6 � J. k � �s` 810-FILTER _ .a TO 8E BUTTED TOCETFIER NOTES: SNUCLY IN LINES IICRO55 TME ENIIANCED (.'l1ANMEl 1. IHSTALUTIpN $MALL FOLLOW THE MMIUFACTURER�S RECOMMENWTqNS, �:�1--8q-fIITER BAC 2. POSTS Sw�LL BE MtSTAtLEO 50 F f'.;:;;:�- FlLTER FABR�C WTERML A � THAT A MIN. OF 3�-0� EXTENDS 'Z <:::i:�:��' 36� riIDE ROLLS MINIMUY. ABOVE THE CROUHO wfTN A IAIH. OF �( t::`��� ATTPCH TO STAKES. 2'-0' EMBEOMENT. �,� p�P � 3. FILTER FABRIC $HALL BE pURCf/tiSEO IN QpJE� - � A CONTiNU0U5 RQL� TO AMOiO JDIMS. 1. SPIICE J01NT5 AT SUPPORT POSTS ONLY, �� � � W 2�-6� YIN. �.'Q°. � � MITH A 41N. 6�OVERUIP. �yo*' Y� 1 2� s 2' ■ S. �ABRIC REINFORCING NETTING. �ABRIC dR � j°��'0 4 �. M i i<i;:ii� ExPOSURE IF RECOIAYENDED � �.o'.b c�.s y. i::z;;:::�::. PEC EACH &0-BAG � �s c��•.'s..;.' � h !z::i::y BY NFG. S(� . �,��Sti9�p���s.9��o�0 � t O W •. .: ` as.e.:.0:..0�� � �. � �: � f r�;:%`;:: e....`FIAw �ij1Qb �_I��1f 2'-6' M�H. � 0:.+°�R�'`��f:e. � � � Q f:iYt:;:3 �J+`= - . 1e p�.�•. Y. � t�;:;;;;f BURY 80TTOM OF FILTER i'ABRIC � :a.a.�e.0. 0��, "'"'� NATERIA� IN NIN. 6� DEEP EXPOSURE R ' 25� YIN. .r.•�.o:��Q^00�p�o.:. a� � O � .. Bv 6'NnDE TRENCH �s ^.0:y a;�pX� • � •i C !?'i�i€"� �QIFS — — — — — — — — — — — CLEAN PR RUN OR ��a•.�. •. ., � � W � i:�:;�:�:: g' yy�, 2� - MINUS CItAVEL ,'r - W �:;:.;<:::�r t.ENBED 8AG5 4 TO 6 INCItES. gURy iN �y � ` Q wM.iLOW �?iiiy� p'r2'�yppp ppsn NATNE CROUND / 6� YIN. F� z<;?:;�» 2.DRNE STAKES MINIMUM 12' ALTERN�TE: STEEL fENCE � BURY FOR FABRIC $U��E REiNFORCEMEHT SS /' O 3 � t;::::z:.+. TRENCN— � �.;?�:;:, i N T O C R O U N D S U R F�C E. P O S T S. S w E SP�GNC G E O T E I(f�E.�l 5 R E O U E S T E O �� ELEVATION �• �KF6 Y�N� �� �1'S� � V EOf� OF CwWNEL 1'-0' YIN. M O =II '� W PLAN VIEW 3 i BIO—FlLTER BAG � 1YPICAL SEDIMENT FENCE DETAIL SECTION A-A• �GRAVEL CONSTRUCTION ENTRANCE � G NOT TO 5('i�LE 6 NOT TO $GLE wor To sc.we J �wvES�wo aooT caowr+ NOTES• TO REAANN UNpAMAGEO OURINC PUMTiNG BONOTERRA C2 OR APPROVED EWNA�ErtT 1. vER�fY ALL pUANTRIES, YE/lSUREMENTS MID SITE CONDITIONS. LIVE STAKES FA SIDE 2, pLAM�NG pEqp� 5 Fp�y SEpTEYBER 15 TO NOVEMBER 1. ROOT CROWN LEVEL N?TH (TYPICAL) S� O.C. FiNiStf CRApE 3. TrpS PLAN 6 ONGRAMATIC ANO LOC��TqNS Y�� BE SUBJECi TO CwWCE TO SUrt SITE CONOfTi0N5. ThiS WiLI BE ARRANGED AT POST-GRADiNC SRE YEETi� FIHISH CRADE BEIMIEEN UNDSCAPE ARCHfTECT, OMMER ANO lANO5C1?E CONTRACTOR. Np PLM1TiNG WILL BE PERFORMED BEFORE TM5 MEETiNG. NOTifY UWp5CJ1PE 2 2 ARCHRECT AT LFAST TWO WORKING pAY$ PRIOR TO COMMEHT. �� ���I I I I—I I F �L� -i �1 1� ��—���. 4. PUNT IIATERIAL $MALL CONFORY iN SiZE ANO GRADE TO THE 'AwER�GN STMtp�RD ,�•� 1' BERM I�I III— � _I I I ��P�TED SUBCR�DE �C����_ ro' _,,, 1=1 I "�I� f OR NURSERV$TOCK', CURRENT EORION. � � r-� �Fu,�sr, cr� 'LI I I�I I— �'l � 'N S. TOPSqI USED �N PulPffiNC PITS fOR TREES u� SHRUBS Sw1LL BE CIEAN, ri � y � Puxr aoors ro se sTw�crn '�LI I f=1 I�=I I= �� � —c •��--� FERTiLE, FRNB�E, w�TURAI TOPSOiI OF LOAYY CrU(tACTER, WITFqUT ApMiXTURE OF `a- - � U N d W A G E O B Y 1 N S T A L U T I O N $U B S p IL MA T E RIA�, p8TA1HE0 FROM A WEII DftNNEO VICINIiY REASONABLY FREE ;;� i� �� OPEN PV�MING tpLE URGE ENOUCH TO FROAA CUr, LU�PS. CWRSE SANDS, STONES, PlJwTS, ROOTS�w0 OTrfER fOREiGN in { �� �-�� S� 2-�� WTERIALS. W 50/50 MIX OF PREPAREO SOIL MINI4UM BURIAL 6' 1-�i� ACCOYA1ppATE R00T5. COVER R00T5 �w AND MUSHROOM COMPOST OR INTQ NATIVE $Q1� WfTM $OIL AND IICHT�Y T/WIP TO ELIMINATE ;J;� ^� Z i i APPROVED EOUAL NR POCKETS tN PLANTINC FIOIE. 9-13 ��-' p o �i n 2 TIMES 6. PUWT YATERULL 5 TO BE GROwH wITHIN 150 M4E5 OF THE PR0.IECT AND z�' a o W PUOOI.E �ND SETTLE PREFEfUBLY PROPOG�TED FROU SEEO w�TivE 10 iHE rnLLNrETfE Vµ1EV. PurrtS � �� -c�o CONTIUHER DN. g�KFiLL MIX PRIOR YVST HAVE BEEN PROPAGATED FR011 WiLO STOCK H�TNE �0 OREGON MID f`V V� TO SETTING SMRUB NOTE: b�VARIES 1' TO 2' OEEP WtiSHINCTON wEST OF TME CASCApE 4pUNTNNS. EXCEPT AS APPROVEO. W� � q< m z° 7. IANpSG1PE CONTRACTOR SfIA(.L DELINEATE PROf'OSED PUHTMIC AREAS IWD FiAVE � � SHRUB PLANTING DETAIL � 8 CU IN S1YR0—BLOC PLUG _�PROPOSED CHANNEL SECTION ��E �tCHrtECT RE1nEw. SO�E RE�D MJUS7WENT YAY BE NECESSARY TO >A mF NOT TO SCALE 6 NOT TO SCALE NOT TO SC/1LE REFLECT ACTUAL CRAqNC. Q z N a c�Q c�i S 8. INSTALLED PlANTS TO BE IMNEDIATELY WATERED IN BY CONTRACTOR. INSTALL DUR�NG THE DORIMNT CUT TOP SqUARE FOR EAS�ER ° SEASON (SEPTEMBER - �NSTALUTION, PROTECT TOP 9. UNDSGPE CON7RACTOR TO WA�ER PIMfTINGS FOR pNE YEAR AFTER INSTA�LATqN, g FEBRUARY). CUTTiNCS F� 5�����' AND CUARANTEE TREES /w0 SNRUBS AFTER FlNAL ACCEPTANCE FOR DURATiON Of TAKEN ANO INSTALLED INSERT $TAKE W/ 7W0 YEARS. PIANT MATERIAL SWLLL BE ALNE ANO IN SATISFIICTORY MEALTH AS SAA1E wr � BUD$ PpINTINC UP DETERMINED BY UWDSfME ARCH�TECT AT THE END Of THE CUARANTEE PERiOD. WARRANT ALL REPUCEYENT PUNTS fOR ONE YEAR AFTER INSTALUTION. STAKE TO PROTRUOE A II III—III—II UES�GrMTED TREE OR SNRUB u�N�NUN OF TWU LEAF NOOES 10.PLANT REOUIREO OUANTItt ANO AREA OF WETIAND SPEqES BUT USE IRREGUUR, I I—I I I—I I I—I I I— 'CLUMPEp' SPAC�NC ThUT AVERACES TRWJCUlATEO D�STANCES. MERBACEWS n —I I I—I —I I I—I I I—I I I—�I I P�TE�T� � FLUGS SHALL BE PLANTED IN AAtiSSES OF Y5. 50, 100, OR 150 AT 12� TO 1B�O.C. o I—I I�—i��— '—I I I—I I I=—I I�— '�8• e""a°° �,�E � n -I I I—I I I�I I I—I I I I—I I I—I I I—I I 11.FERTILIZE TREES AND SMRUBS wiTN 'AGRiFORM' 21-GRAM T�BLET. 20-10-5 �5 3/4�W000 STAKE GALVANIZEO 1� G�l 2' X 1' wwY S CAL. CONTNNER GROWN SiOCK 4ANUFACTURED BY AGRIFORY INTERNATqNAL CHEU�GLS, NEWARK, CAL�FORNU� 2 ENCLOSURE; 4� HICN (MIN.) O 6' TABLETS PER SHRUB, 3 TAB�ETS PER TREE. MIN. fRON BASE OF TREE. BURY I I I I I I I IC�I'��I I I I I I—I I I�N I�f BRANCHES 4' MIH. BEIOYY FINISH CR1DE �I-w� CCFiW CUTS —I I I—I I I—I I I—I I I —I L j�I I I�� 12.(',RQUNDCOVE ,R OR OT�R YULCAH�ROVEO B'f UWOSG�PEE�RCHi ECBT.S. µD � �I—I FlNiSrf GRADE � I I—I I I—I I(—I I I—I L !I I� 21NZ UM BURNL Z ROOT CROWN AT FINISM CRADE 1}.��D��E EARCHITECT.�HYDROSEED AUOITIVES�.� C�TRACTOR WHEN APPROVEO —I I I—I I I—I I I, '''' � �„T��l � � MULCH 2� LB./,�. � FI�R ►�CH � �i�—I I I , _ II I II I II I—I�I I I—I I I—I I I I—I I I- � � �RM_� B�K MULCH 2 1/2� YIN. TACKIFIER 40 LB./AC. " FERTIUZER WEBF00T TRIPLE SEVEN ORGMIIC FERTIUZER APPLIED AS �' a ° ,—III—III—III—III—I —III 6' FINSM GRADE RECOMNENOEO BY IMNUFACT,IRER � III �—I_� YIN. � Q o —I I I—I I I—I I I—I I I—I I I— I II I II�'I I I�� 6� YIN. i � � 50/50 MIX OF PREPAREO SOIL 14.RE$EED ARFI1$ MMICH FNL TO PRONDE UNtFORY GRA55 COVERACE, UNTIL ALL ANO MUSHROpY Cp11PO5T OR Ai'i'ECTED ARFAS ARE ACCEPTAB�E TO THE LANOSGPE ARCHRECT ANO OWNER. o � �� �� �I—I I I—I(I—I I I—I I I—I I I- =�II—III I—III= �PRWED EOUAL EROS�ON CONTROI MfASURES SW�LL NOT 8E REMOVED UNTIL S�TE t5 COMP�ETELY z —I I I—I I I — — — I�I I- vECEU7E0. wL wtiS�+0U75 SFULL BE REPiwtED�wD R£SEEDED AS NEEDED. � u —I I I—I 1 I—I I I—I I — _ �— � o o - I—I I I=�I � 'I I I H —I I I—I I I—I I I—I I I_= co►�P,�c�EO cora�cTE� SUecw�oE � � a o o � o CUT END TO A PpM FOR —f ir I I I—)I 1=1 I 1=1 I�_ SUBGR�OE 15.��STy�H.K�ST/uCES�SttkLDBE M5T��iiE SwE O��v TH�ARER EAS�ER p15TALU7pN PREPAREO. PLANT PROTECTION DECIDUOUS � $ � LNE STAKE INSTALLATION 8 �TREE PLANTING DETAIL � , � ; - G NO7 TO EC4LE NOT TO S('J1LE NpT TO SCALE � � � ."- �.�a � o � �Jz�,,��� n r,� .��o� �I��l�. -'. - � �c�n DAVID EVANS AND ASSOCIATES, � T R A N S M I T T A L O z8z8 Sw Corbett Avenue �v� ro: Julia Hajduk R�GG� oO� Po►aarid,o►t�cm g�zoi City of Tigard Community Development Department �(1��- �� 13125 SW Hall Blvd. pQ� O�V��pQN`� Td 5o3.u3.6663 Tigard, OR 97223 � DATE: 4/24/00 �' Fax:5o3.zz3.zyoi FROnn: Heather Coleman PROJECT: LOWE'S HOME IMPROVEMENT WAREHOUSE WETLAND MITIGATION SITE PRO�.#: LHIW0000-0001 010 COPEES DATE 1 4/24/00 Summary of pre-application conference ❑ AS YOU REQUESTED ❑ FOR YOUR APPROVAL ❑ RETURN REQUESTED ❑ RECORDS MANAGEMENT � FOR YOUR INFORMATION � FOR YOUR REVIEW ❑ COMMENTS: Attached is a summary of the pre-application conference held Apri120 for the proposed wetland mitigation work to occur at Fowler Middle School. Please let me lrnow if this summary concurs with your notes on the conference and if you feel anything should be added. . � - �cn DAVID EVANS AND ASSOCIATES, D E A M E M O R A N D U M z8z8 S W Corbett Avenue To: Julia Hajduk Frank Flynn Ponland, oregon g�zoi Kristina McKenzie Scott Banker Tel: So3.zz3.G663 FROM: Heather Coleman Fax: 5o3.as3.z�oi DATE: Ap�ll 24, 2��0 suB�ECT: PRE-APPLICATION CONFERENCE FOR WETLAND MITIGATION SITE AT FOWLER MIDDLE SCHOOL—SUMMARY PRO�.#: LHIW0000-0001 010 Attendees: Julia Hajduk,City of Tigard Frank Flynn, Stoel Rives Kristina McKenzie,DEA Scott Banker,DEA Heather Coleman,DEA "The purpose of this memo is to summarize the pre-application conference held April 20,2000 at the City of Tigard for the Lowe's Home Improvement Warehouse wetland mitigation site at Fowler Middle School. The conference provided additional information about the project to the City of Tigard and clarified permit requirements for the applicant. Two types of land use reviews will be necessary for the project: a Type III Sensitive Lands Review,and a Type II Water Resources Overlay Review. The reviews can be processed concurrently. Decisions are expected to take six to eight weeks after the application is deemed complete. The City's completeness review of the submitted application materials is expected to take approximately two weeks. Sensitive Lands Review A Type III review will be needed because the project will involve soil alterarion in the floodway. The fish channel to be created as part of the proposed wetland mitigation project will connect at both ends to Fanno Creek,and thus involve alteration to the creek banks. Water Resources Overlay Review A Type II Water Resources Overlay Review will be necessary. A Type II review is triggered by in-stream and streambank enhancement within 10 feet of the top-of-bank or edge of wetland. A number of studies and reports are required as part of a Type II Water Resource Overlay reviews: a hydrology and soils report, grading plan,vegetation report, and streambank conditions report. Ms.Hajduk emphasized the importance of the Streambank Condirions Report,which gives the city information about the baseline status of the stream for comparison with the proposed project and as a reference for future monitoring. The report may be short but should describe existing conditions,including the degree of streambank erosion and degradation,and should include a photograph. • . . . �mmary.doc .� � � �c,n DAVID EVANS AND ASSOCIATES, � April 24, 2000 Page 2 If the applicant can make a case that a particular required report is not pertinent to the review of the proposed project,the Community Development Department will consider waiving the requirement. Other Requirements And Discussion Ordinarily, a"Service Provider Letter" is necessary from the Unified Sewerage Agency(USA)for activities in "water quality sensitive areas." DEA will contact Alison Rhea at USA to determine whether such a process will be necessary for the proposed enhancement project. Ms. Hajduk provided copies of the relevant sections of Tigard's Community Development Code and an application checklist. The criteria to be addressed are in Section 81.797.080 for the Water Resources Overlay District Review and Section 18.775.070(B) for the Sensirive Lands Review. The application narrative should address all development standards in these sections of the code to either demonstrate the project's conformance or the non- applicability of a particular standard. Copies of the Corps and DSL permits should be included with the application. The application narrative should also make it clear that the applicant has consulted with NMFS and ODFW through these permitting processes. A question was raised about the adequacy of the site plan submitted for the pre-application conference to serve as the required site and grading plans. Ms.Hajduk suggested accompanying the drawings with a narrative describing the project in lay terms and making specific references to the plan sheets. The City approved another wetland mitigation project which required the same type of land use reviews under case file number SLR 1999-00012. This file may be a useful reference regarding the content of the required submittal materials. The applicant is required to hold a public meeting on the project prior to submitting the land use application. All property owners within 500 feet of the subject tax lots must be notified two weeks prior to the meeting. T'he application may be submitted directly thereafter. The city will generate the list of property owners which must receive notification of the public meeting, staff decision,and hearing. The public meeting should be held in the neighborhood where the project is to be located,if possible. Fowler Middle School was suggested as an appropriate meeting location. The project team emphasized the interest of the client in seeing this project through in a rimely manner and expressed a desire for close coordination with the Community Development Department in ensuring that all necessary information is submitted for review. . � � CITY �F TIGARD '� �r � PRE—APPLICATION CONFERENCE NOTES rE���e�����a������ '� �ommunTty�IJeveCopment , (Pre-Ap lication Meetin Notes are Yalid for Six (6 Months) s��r���Berxercommu«=ty � _ ____ --- NON-RESIDENTIAL ' � � . PRE-APP.MTG.DATE: �a0-a�0 STAFF Ai PRE-APP: SV��•1 APPLICANT: K�,'s�i;�., J��_Kc�2,� AGENT: Phone: ( ) 2�.3 - 6 G 63 Phone: j� PROPERTY LOCATION: ADDRESS/GEN. LOfATION: TAX MAP(S)/LOT #(S): ! 5/ 3 y DJ- /o o a NECESSARY APPLICATIONS: �¢�s��t�nc Lqnds R¢v�'ew � I�9 /Qes����c5 A/t/�ay PROPOSAL DESCRIPTION: w� �� Mi � COMPREHENSIVE PLAN MAP DESIGNATION: _. ZONING MAP DESIGNATION: ____ _ _ � C.I.T. AREA: �G- C�4��9/ FACILITATOR: � PHONE: (503) ZONING DISTRICT DIMENSIONAL R�QUIREMENTS —----- _ MINIMUM LOT SIZE:__ sq. ft. Average lot width: ft. �ximum building t�i ht: ft. Setbacks: Front ft. ' Side ft. Rear ft. Corner ft. street. MAXIMUM SITE COVERAGE: % Minimum landsc ped or natural vegetation area: %. [Refer to Code Section 18. 1 / i ADDITIONAL LOT DIMENSIONAL REQUIREMENTS MINIMUM LOT FRONTAGE: 25 feet unless lot is cre ted through the minor land partition process. Lots crea as part ofi�-pa�tition must have a min� um of 15 feet of frontage or have a minimum 15-foo ide access easement. - -- --— T DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/z TIMES THE AVERAGE WIDTH, unless the arcel is less than 1'/2 times the minimum lot size of the applicable zoning district. [Refer to Code Sectlon 18.810.060] GTY OF TIGARD Pre-Appliation Conference Notes Page I ot 9 NON-Aaiden6�l ApplicaUOn/Pl�nan�Dnisian kction � I ' � � , FRANK M; FI,YNN � I � 9IX1 SW FIFI'H AVENUE,SUITE 2600 � PORTLAND,OREGON 97204-1268 . ST�E�. RJVES i i i' i'CL(5031 294-9623 FAX(503)220-2480 ,A .�. .� r� k � i. � � www.stceLcom fmflynn�stcel.com SEATTLE PORTLAND VANCOUVEX,WA &litiL SALf LAKE CITY WASHINGTON,D.C. . SCOTT W. BANKER, L.A., CPESC Senior Landscape Architect z8z8 SW Corbett Avenue Ponland,'Oregon 97�0� TeL Soj.zz3.6GG; ��� Fax: joj.zz3.z�oi DAVID EVANS AND ASSOGIATES, � KRISTINA GIFFORD McKENZIE ► Planner f �,A'�,5 SLC� Cnrbcff _arc�iuc° � Portland. Oregorr �,-aot Tel: So3.zzj.G66; ��� r Fax: So3.zzg.a�oi DAVID EVANS AND ASSOCIATES, � r � � HEATHER COLEMAN , Planner z8z8 S W Corbett Avenue ' Portland, Oregon q�zoi Tei: 5o j.zz3.6G63 � � � Fax: So3.zzj.Zyoi DAVID EVANS AND ASSOCIATES, �i' SPECIAL SEiBACKS ➢ STREETS: feet from the centerline of ➢ LOWER INTENSITY ZONES: feet, along the site's boun � ➢ FLAG LOT: 10-FOOT SIDE YARD SETBAGK. (Refer to Code Chapter 18.7301 SPECIAL BUILOING NEIGHT PROVISIONS BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential one may be built to a height of 75 feet provided that: ➢ A maximum building floor area to site area r ' �n�1.5 to 1 will e ' t; ➢ All actual building setbacks will be at lea half('/z) of the building s eight; and ➢ The structure will not abut a residential oned district. [Refer to Code Secdon 18.730.010.BJ PARKING AND ACCESS REQUIRED parking for this type of use: Parking SHOWN on preliminary plan(s): SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): N M RE THAN ° F REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPA S. PARKING STALLS hall be dimensioned as follows: ➢ Standard parkin space dimensions: 8 feet, 6 inches x 18 feet, 6 inches. ➢ Compact parking pace dimensions: 7 feet, 6 inches x 16 feet, 6 inches. Note: P rking space width includes the width of a stripe that se arates the parking space from an adjoining space. Note: A rr�ximum of three (3)feet of the vehicle overhang area in front of a wheel stop or curb can be i�cluded as part of required parking space depth. This area cannot be included as Iands�Faping for meeting the minimum percentage requirements. [Refer to Code Sectio 18.165.0401 Handicapped Parking: ➢ All parki shall PROVIDE APPROPRIATELY LOCATED AND DIMENSIONED DISAB D PERSON PARKING spaces. The minimum number of disabled person parking space to be provided, as well as the parking stall dimensions, are mandated by the Americans with Di abilities Act (ADA). A handout is available upon request. A handicapped parking space symbol hall be painted on the parking space surface and an appropriate sign shall be posted. ➢ BICYCL�RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELO MENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. Minimum numb r of accesses: Minimum access width: Minimum pavem nt width: All driveways an parking areas, except for some fleet storage parking areas, must be paved. Drive-' uing areas: [Refer to Code Chapters 18.765 and 18.705] qTY OF TIGARD Pre-Application[onference Notes Page 2 of 9 NON-Aaidenti�l Appliatan/PUnning Dnuioa kaion INALKWAY REQUIREMENTS WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commerci , institutional, and industrial uses, to the streets which provide the required access and egress. Wal ays shall provide convenient connections between buildings in multi-building commercial, instituti nal, and industrial complexes. Unless impractical, walkways should be constructed between a ne development and neighboring developments. [Refer to Code Section 18.705.0301 LOADING AREA REQUIREMENTS Every COMMERCIAL OR INDUSTRIAL BUILDING I EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size nd location shall be as approved by the City Engineer. IRefer to Code Section 18.765.0801 CLEAR VISION AREA The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, roa /railroad, and road/road intersections. The size of the required clear vision area depends upon the a utting street's functional classification. [Refer to Code Chapter 18.7951 BUFfERING AND SCREENING In order TO INCRE E PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPAC S between adjacent developments, especially between different land uses, the City requires lands ped buffer areas along certain site perimeters. Required buffer areas are described by the Co e in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obsc ring screens or fences may also be required; these are often advisable even if not required by the ode. The required buffer areas may o� be occupied by vegetation, fences, utilities, and walkwa . Additional information on required buffer area materials and sizes may be found in the Develop ent Code. [Refer to Code C apter 18.1451 The RE UIRED BUF ER WIDTHS which are a licable to our ro osal area are as follows: feet a ong north boundary. feet along east boundary. feet a ong south boundary. feet along west boundary. IN ADDITION, SIGHT BSCURING SCREENING IS REQUIRED ALONG: LANDSCQPI — ST EET fiRE E REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR P VATE STREET as well as driveways which are more than 100 feet in length. Street trees must be laced either within the public right-of-way or on private property within six (6) feet of the right-of- wa boundary. Street trees must have a minimum caliper of at least firro (2) inches when measured fou (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the bra ching width of the proposed tree species at maturity. Further information on regulations affdcting street trees may be obtained from the Planning Division. A INIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in nd around all parking areas in order to provide a vegetative canopy effect. Landscaped parking ar s shall include special design features which effectively screen the parking lot areas from view. T ese design features may include the use of landscaped berms, decorative walls, and raised anters. For detailed information on design requirements for parking areas and accesses. [Refer to Code Chapters 18.745,18.765 and 18.7051 pTY OF TIGARD Pre-Application(onference Notes Page 3 of 9 MON-Aaidenuil AppliouonlPlmne�Dnuion kction sisNs 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 review before the Hearings Officer. [Referto Code Chapter18.7801 SENSITIVE LAND� The e provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR VELOPMENT 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 identify sensitive land areas. and their boundaries. is the responsibility f the a licant. Ar a meeting the definitions of sensitive lands must be clearly indicated on plans su mitted with the development a�plication. Chapter 18.84 also provides reg ulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS [Refer to Code Chapter 18.T151 STEEP SLOPES When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.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. IFIED SEWERA6E AGENCY[USAI BUfFER STAN�ABOS.B a 0 96 �e1��'��s ��� �rB���NT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR SHALL BE A MINIMUM OF 25-FEET-WIDE, measured horizontally, from the defined boundaries of the sensitive area, except where approval has been granted by the Agency or City to reduce the width of a portion of the corridor. If approval is granted by the Agency or City to reduce the width of a portion of the vegetated corridor, then the surface water in this area shall be directed to an area of the vegetated corridor that is a minimum of 25 feet wide. The maximum allowable encroachment shall be 15 feet, except as allowed in Section 3.11.4. No more than 25 percent of the length of the vegetated corridor within the development or project site can be less than 25 feet in width. In any case, the average width of the vegetated corndor shall be a minimum of 25 feet. Restricti n in the Ve etat rrid r: NO structures, deve opment, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as allowed below: ➢ A GRAVEL WALKWAY OR BIKE PATH, NOT EXCEEDING EIGHT (8) FEET IN WIDTH. If the walkway or bike path is paved, then the vegetated corridor must be widened by the width to the path. A paved or gravel walkway or bike path may not be constructed closer than ten (10) feet from the boundary of the sensitive area, unless approved by the A�ency or City. Walkways and bike paths shall be constructed so as to minimize disturbance to existing vegetation; and ➢ WATER QUALITY FACILITIES may encroach into the vegetated corridor a maximum of ten (10) feet with the approval of the Agency or City. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. [Refer ta R a 0 96-44/USA Regulations-Chapter 3,Design for SWMI CITY OF TIGARD Pre-Appliaoon(onference Notes Page 4 0(9 NON-Ilndmtiil Appliution/PUnnin�D'nuion kction WATER RESOURCES OVERLAY DISTRIC�' he WATER R (WR) OVERLAY DISTRICT implements the policies of the Tigard Compre ensive Plan and is intended to resolve conflicts between development and conservation of significant wetlands, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear and objective standards to: protect significant wetlands and streams; limit development in designated riparian corridors; maintain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. Safe Harbor: The WR OVERLAY DiSTRICT ALSO MEETS THE REQUIREMENTS OF STATEWIDE PLANNING GOAL 5 (Natural Resources) and the "safe harbo�' provisions of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significanY' wetlands and riparian corridors be mapped and protected. The Tualatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1000 cfs. Major Streams: Streams which are mapped as "FISH-BEARING STREAMS" by the Oregon Department of Forestry and have an average annual flow less than 1000 cubic feet per second (cfs). ➢ Major streams in Tigard include FANNO CREEK, ASH CREEK (EXCEPT THE NORTH F4RK AND OTHER TRIBUTARY CREEKS) AND BALL CREEK. Minor Streams: Streams which are NOT "FISH-BEARING STREAMS" according to Oregon Department of Forestry maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain short tributaries of the Tualatin River. Riparian Setback Area: This AREA IS MEASURED HORIZONTALLY FROM AND PARALLEL TO MAJOR STREAM OR TUALATIN RIVER TOP-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WETLAND, whichever �is greater. The riparian setback is the same as the "riparian corridor boundary" in OAR 660-23- 090{1)(d). ➢ The standard TUALATIN RIVER RIPARIAN SETBACK IS 75 FEET, unless modified in accordance with this chapter. ➢ The MAJOR STREAMS RIPARIAN SETBACK IS 50 FEET, nu less modified in accordance with this chapter. ➢ ISOLATED WETLANDS AND MINOR STREAMS (including adjacent wetlands) have no riparian setback; however, a 25-foot "water quality buffe�'' is required under Unified Sewerage Agency (USA) standards adopted and administered by the City of Tigard. [Refer to Code Sectlon 18.197.0301 � - -- Rip�an Setback Reduction� The DIRECTQR 1VIAY APPROVE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR ANY MAJOR STREAM RIPARIAN SETBACK BY AS MUCH AS 50% to allow the placement of structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better protection for identified major stream resources is ensured through streambank restoration and/or enhancement of riparian vegetation in preserved portions of the riparian setback area. Eligibility for Riparian Setback in Disturbed Areas. TO BE ELIGIBLE FOR A RIPARIAN SETBACK REDUCTION, the applicant must demonstrate that the riparian corridor was substantially disturbed at the time this regulation was adopted. This determination must be based on the Vegetation Study required by Section 18.85.050.C. that demonstrates all of the following: ➢ Native plant species currently cover less than 80%of the on-site riparian corridor area; ➢ The tree canopy currently covers less than 50% of the on-site riparian corridor and healthy trees have not been removed from the on-site riparian setback area for the last five years; ➢ That vegetation was not removed contrary to the provisions of Section 18.85.050 regulating removal of native plant species; qiY Of TIGARD Pre-Application Con(erence Notes Page i of 9 NON�Aaidmu�l AppliauaJM�nnin�Divisan ktion ' ➢ That there will be no infringement into the 100-year floodplain; and ➢ The average slope of the riparian area is not greater than 20%. [Refer to Code Section 18]97.1001 ��- __"`�`� TREE REMOVAL PLAN REQUIREMENTS A TREE PAN FOR THE PLANTING, REMOVAL AND PROT CTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or comb' ation of lots or parcels for which a development application for a subdivision, partition, site devel pment review, planned development, or conditional use is filed. Protection is preferred over removal here possible. THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all e isting trees including trees designated as significant by the City; ➢ Identification of a program to save existing trees or itigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidel nes of Section 18.150.070.D. according to the following standards: ♦ Retainage of less than 25°/o of existing tr es over 12 inches in caliper requires a mitigation program according to Section 18 50.070:D. of no net loss of trees; ♦ Retainage of fro €--e�i ' trees over 12 inches in caliper requires that two-thirds of t trees to be removed be mitigated according to Section 18.790.060.D.; ♦ Retainage from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of th trees to be removed be mitigated according to Section 18.790.060.D.; ♦ Retainag of 75% or greater of existing trees over 12 inches in caliper requires no mitigatio ; ➢ Identification of II trees which are proposed to be removed; and ➢ A protection pro ram defining standards and methods that will be used by the applicant to protect trees dur ng and after construction. TREES REMOVED W THIN 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 S ction 18.790.060.D. [Refer to Code Sec on 18.790.030.C.1 MITIGATION REPLACEMENT OF A T EE shall take place according to the following guidelines: ➢ A replacement tre shall be a substantially similar species considering site characteristics. ➢ If a replacement t ee of the species of the tree removed or damages is not reasonably available, the Dire tor may allow replacement with a different species of equivalent natural _ resource value. ➢ If a replacement tr e of the size cut is not reasonably available on the local market or would not be viable, the irector shall require replacement with more than one tree in accordance with the followi ormula: ♦ The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. [Refer io Code Section 18.790.060.E.1 CITY OF TIGARD Pre-Application fonference Notes Page 6 0(9 NON-Residenti�l Applia[ion/Plinning Dnision kRion �—�� �"�"� 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. [Referto Code Chapter18.3901 �- - CNAPTERS� i I 8.330�c�e�o��u�� 18.620�r�d r���o��s�a�a:� 18.165(ot�-sueet vuw�gnwding Requirtmenb) I 8.340��ecmrs p�c�rpanuo�) 18.630(wuhi�qm�sq���g�on�li�a� �.115��m���a��ri� 18.350(Pl�need uere�opmen� 18.705(Acuss/Egress/Grwlauon) 18.750�igns) I 8.3 60�u o��e�opme�c�ew) I S.1 I O(Acassory ksidenG�l Units) I 8.785�r��u�r�a� 18.370 n��«�w;�s��� I 8.715��q c�,P�tio�� 18.790���� I E.3SO(loning N�p/fat Amendmen�) I B.12O(Design Canpzubiliry Stmduds) 18J95�r��a��«,�u� I 8.385�n�«d���:r���� I$.115(Environmennl PeAomuna Sundards) ✓I$.T9I(Warer Aesources(WR�Overliy District) �� I E.39O(Dedsion M�king Proudures/Impact Swd� I E.13O(ExapOOns To Derebpment 5hndards) I H.798�reless(omrwniu6on Fn6liues) I E.4 I O(lat line Adjusonene) I A.74O(Historic Oreday) I H.H I O(Soxet 6 Uoliry Improvement St�ndards) �8.410(land Puti6ons) I E.742(Hortie Ocapa6on Permits) I 8.430(SubdivisionsJ I 8.745(��nesnping 3 Saeening Shnduds) I S.S I O(I{esideno�l loning Districu) I H.�SO(Mmufuwrcd/Mo6il Hane Reguuoons) I H.SZO(Conmerd�l loning Districts) I E.TSS(Nixed Sdid Wuk/Reryding Sror+ge) __.— I H.S3O(Industrial 2oning Districu) I 8.�60(Honcon(aming S�m�uons) IMPACT STUDY As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at larg e, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. [Refer to Code Sections 18.390.040 and 18.390.0501 IGHB HOOD MEETIN& ' �Ptt�ANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET AND THE APPROPRIATE CIT FACILITATOR AND THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S) 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 your application or the application will not be acce�ted. [Refer to the Neighborhood Meeting NandouU SU6DIVISION PLAT NAME RESERVATION PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are re�uired to complete and file a subdivision plat naming request with the Washington County Surveyor s Office in order to obtain approval/resenration 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. [County Surueyops Office: 503-648-88841 CITY OF TIGARD Pre-Application fonference Notes Page 7 of 9 NON�Aesidenti�l Appliation/Pl�nnin�D'niiion kdion BIIILDIN6 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 polir{y is to a�plv those system development credits to the first building_permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). RECYCLING Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY with Pride Disposal's vehicles. CONTACT PERSON: Lenny Hing with Pride Disposal at (503) 625-6177. [Refer to Code Chapter 18.7551 ADDITIONAL CONCERNS OR COMMENTS: PROCE�URE Administrative Staff Review. _� 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: .A�alications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned A�plications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other week days• Maps submitted with an a�plication 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. CITY OF TIGARD Pre-Applicatian(onference Notes Page 8 of 9 NON-Aaiden6�l Appliauon/Pl�nnin;Dnisian kc6on 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. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal perio,� follows all land use decisions. An appeal on this matter would be heard by the Tigard � ��f� C�,o�.,�,/ . A basic flow chart 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. PLE E NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan.. Failure of the staff to provide information reguired b�y 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 Communi Develo ment Code or ask an uestions af Ci staff relative to Code re uirements nor to submittin an a lication. 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: �T✓��a /`v4 ��� LITY OF TIGARD NNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: (503) 639-4171 FAX: (503) 684-1291 E-MAIL (� flr � � m@ ci.tigard.or.us H:lpatt�\masterslPre-App Nates Commeraal.dac (Engineering section:preapp.eng) Updated: 28-Feb-2000 UTY OF TIGARD Pre-Appliation Conference Notes Page 9 0(4 MON-Ilesidenti�l Applintioa/Plinninc�nuion kction � � CITY OF TIGARD� LAND USE APPLICATION CHECKLIST Please read this form carefullv in conjunction with the notes provided to you at the pre- application conference. This checklist identifies what is required for submittal of a complete land use app�ication. Once an application is deemed complete by Community Development staff, a decision may be issued within 6-8 weeks. If you have additional questions after reviewing all of the information provided to you, please contact the staff person named below at the City of Tigard Planning Division, (503) 639-4171. Staff: Date: 1. BASIC INFORMATION ALL LAND USE APPLICATIONS REQUIRE THE FOLLOWING: � Completed Application Form with property owner's signature or name of agent and letter of authorization � Title transfer instrument or grant deed � Written summary of proposal � Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) � Two (2) sets of stamped, addressed #10 envelopes and a notarized mailing list of all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (#10), addressed with 1" x 4" labels (see attached envelope submittal requirements) � Documentary evidence of neighborhood meeting (if required) � Impact Study per Section 18.390.040.6.2.(e) � Copy of the Pre-Application Conference notes � Filing Fee 2. PLANS REQUIRED In addition to the above basic information, each type of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (Section 5 of this checklist provides details on what information to include on each plan): �/�icinity Map B'� Preliminary Grading/Erosion Control Plan L'�' Existing Conditions Map ❑ Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan ❑ Tree Preservation/Mitigation Plan 0-' Site Development Plan ❑ Architectural Drawings ❑ Landscape Plan ❑ Sign Drawings ❑ Public Improvements/Streets Plan 3. NUMBER OF COPIES REQUIRED The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR AN APPLICATION SUCH AS YOU ARE PROPOSING THE CITY REQUIRES /8 COPIES OF ALL APPLICATION MATERIALS. City of Tigard Land Use Application Checklist Page 1 of 5 � 4. SPECIAL STUDIES AND REPORTS � Because of the nature of your project and/or the site you propose to develop, THE FOLLOWING ADDITIONAL STUDIES W ILL BE REQUIRED. These studies must be prepared by certified professionals with experience in the appropriate field: ❑ Traffic Study ❑�/- Local Streets Traffic Study N7 Wetlands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Storm Drainage System Downstream Analysis ❑ Preliminary Sizing Calculations for Proposed Water Quality and/or Detention Facility ❑ Geotechnical Report i� Other __ /YJ;� 'on 0�4n #9�v d�tr rtdo��5 �c�v/rcd �v �g 797 5. PREPARING PLANS AND MAPS Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200') and include a north arrow, legend and date. The same scale should be used for all your plans. Where possible the City prefers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet. Architectural drawings may be prepared at an architectural scale. One copy of each plan must be submitted in photo-ready 8Y2 x 11 format. THE FOLLOWING IS A LIST OF REGlUIRED INFORMATION FOR EACH TYPE OF PLAN (If the plans you submit do not include all of the information requested because you feel it is not applicable, please indicate this and provide a brief explanation). Vicinity Map � Showing the location of the site in relation to: • Adjacent properties � • Surrounding street system including nearby intersections ❑ • Pedestrian ways and bikeways ❑ • Transit stops � • Utility access ❑ Existing Conditions Map � Parcel boundaries, dimensions and gross area ❑ � Contour lines (2' intervals for 0-10%slopes or 5'for slopes >10%) ❑ � Drainage patterns and courses on the site and on adjacent lands ❑ � Potential natural hazard areas including: • Floodplain areas ❑ • Areas having a high seasonal water table within 24"of the surface for three or more weeks of the year ❑ • Slopes in excess of 25% ❑ • Unstable ground ❑ • Areas with severe soil erosion potential ❑ • Areas having severely weak foundation soils ❑ � Locations of resource areas including: • Wildlife habitat areas identified in the Comprehensive Plan ❑ • Wetlands ❑ � Other site features: • Rock outcroppings ❑ • Trees with?6"caliper measured 4'from ground level ❑ � Location and type of noise sources ❑ � Locations of existing structures and their uses ❑ � Locations of existing utilities and easements ❑ � Locations of existing dedicated right-of-ways ❑ Subdivision Preliminary Plat Map City of Tigard Land Use Application Checklist Page 2 of 5 , � The proposed name of the subdivision [] � Vicinity map showing propert�s relationship to arterial and collector streets � � Names, addresses and telephone numbers of the owner, developer, engineer surveyor and designer�as appiicabie� ❑ � Scale, north arrow and date [] � Boundary lines of tract to be subdivided � Names of adjacent subdivisions or names of recorded owners of adjoining parcels of unsubdivided land ❑ � Contour lines related to a City-established benchmark at 2' intervals for 0-10%grades and 5' intervals for grades greater than 10% � � The purpose, location,type and size of all of the following (within and adjacent to the proposed subdivision): • Public and private right-of-ways and easements ❑ • Public and private sanitary and storm sewer lines ❑ • Domestic water mains including fire hydrants ❑ • Major power telephone transmission lines (50,000 volts or greater) ❑ • Watercourses ❑ • Deed reservations for parks, open spaces, pathways and other land encumbrances ❑ • The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level ❑ • The location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting ❑ � Supplemental information including: • Proposed deed restrictions (if any) ❑ • A proposed plan for provision of subdivision improvements ❑ � Existing natural features including rock outcroppings, wetlands and marsh areas � The proposed lot configurations, lot sizes and dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots ❑ � If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application materials ❑ Preliminary Partition/Lot Line Adjustment Plan � The owner of the subject parcel ❑ � The owner's authorized agent ❑ � The map scale, north arrow and date ❑ � Proposed property lines ❑ � Description of parcel location and boundaries ❑ � Contour lines (2' intervals for slopes 0-10% or 5'for slopes>10%) � ❑ � Location, width and names of streets, easements and other public ways within and adjacent to the parcel ❑ � Location of all permanent buildings on and within 25`of all property lines ❑ � Location and width of all water courses ❑ � Location of any trees with 6"or greater caliper at 4' above ground level ❑ � All slopes greater than 25% ❑ � Location of existing and proposed utilities and utility easements ❑ � Any applicable deed restrictions ❑ � Evidence that land partition will not preclude efficient future land division where applicable ❑ � Future street extension plan showing existing and potential street connections ❑ City of Tigard Land Use Application Checklist Page 3 of 5 � Site Development Plan � The proposed site and surrounding properties ❑ � Contour line intervals ❑ � The locations, dimensions and proposed names of the following: • Existing and platted streets and other public ways [] • Easements on the site and on adjoining properties ❑ • Proposed streets or other public ways and easements on the site ❑ • Alternative routes of dead-end or proposed streets that require future extensions ❑ � The locations and dimensions of the foliowing: • Entrances and exits on the site ❑ • Parking and circulation areas ❑ • Loading and service areas ❑ • Pedestrian and bicycle circulation ❑ • Outdoor common areas ❑ • Above ground utilities ❑ • Trash and recyclable material areas ❑ � The locations, dimensions and setback distances of the following: • Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25' of the site ❑ • Proposed structures, improvements, utilities and easements on the site ❑ • Sanitary sewer facilities ❑ • Existing or proposed sewer reimbursement agreements ❑ • Storm drainage facilities and analysis of downstream conditions ❑ � Locations and type(s) of outdoor lighting considering crime prevention techniques ❑ � The locations of the following: • All areas to be landscaped ❑ • Mailboxes ❑ • Structures and their orientation ❑ Landscape Plan � Location of trees to be removed ❑ � Location, size and species of existing plant materials ❑ � General location, size and species of proposed plan materials ❑ � Landscape narrative that addresses: • Soil conditions and how plant selections were derived for them ❑ • Plans for soil treatment such as stockpiling the top soil ❑ • Erosion control measures that will be used ❑ � Location and description of the irrigation system where applicable ❑ � Location and size of fences, buffer areas and screening ❑ � Location of terraces, decks, shelters, play areas, and common open spaces ❑ Public Improvements/Streets Plan � Proposed right-of-way locations and widths ❑ � A scaled cross-section of all proposed streets plus any reserve strips ❑ � Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ City of Tigard Land Use Application Checklist Page 4 of 5 Grading/Erosion Control Plan � The locations and extent to which grading will take place � � Existing and proposed contour lines � � Slope ratios [] Utilities Plan � Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans � � Plan of the proposed water distribution system, showing pipe sizes and the locations of valves and fire hydrants ❑ Preliminary Storm Drainage Plan � The location of all areas subject to inundation or storm water overflow ❑ � Location, width and direction of flow of all water courses and drainageways ❑ � Location and estimated size of proposed storm drainage lines ❑ � Where applicable, location and estimated size and dimensions of proposed water quality/detention facility ❑ Tree Preservation/Mitigation Plan � Identification of the location, size and species of all existing trees ❑ � Program to save existing trees or mitigate tree removal (Section 18.790.030) ❑ � A protection program defining standards and methods to be used during and after construction ❑ Architectural Drawings � Floor plans indicating the square footage of all structures and their proposed use ❑ � Elevation drawings for each elevation of the structure ❑ Sign Drawings � Specify proposed location, size and height ❑ i:\;curpinUnasters\revised\chkl ist.doc 26-Nov-98 City of Tigard Land Use Application Checklist Page 5 of 5 � �cn � LOWE'S HOME IMPROVEMENT WAREHOUSE GREENWAY PARK WETLAND MITIGATION SITE PROJECT INFORMATION Taxlot: 1 S 1 34 DD O 1000 Location: Fowler Middle School Applicant: Lowe's Home Improvement Warehouse 1530 Faraday Avenue, Suite 125 Carlsbad,CA 92008 (760)918-0132 Applicant's Representative: Kristina McKenzie David Evans and Associates,Inc 2828 SW Corbett Avenue Portland,OR 97201 (503)223-6663 Property Owner: Tigard Tualatin School District 13139 SW Pacific Highway Tigard, OR 97223 (503)684-2235 � �cn DAVID EVANS AND ASSOCIATES, � z8zfi SW� Curbt�t Avenue Portland, Oregon gyzo� April 12, 2��� Tel: 5o3.zz3.GGG3 Fax: 5oj.zzj.2�oi City of Tigard Community Development Departrnent 13125 SW Hall Blvd. Tigard, OR 97223 REFERENCE: LOWE'S HOME IMPROVEMENT WAREHOUSE WETLAND MITIGATION To Whom It May Concern: We are writing on behalf of Lowe's Home Improvement Warehouse to request the scheduling of a pre- application conference for a wetland mitigation project. The project would enhance 3.1 acres of wetlands adjacent to Fowler Middle School. Enclosed you will find information about the site, a namative description of the project, and a site plan. Sincerely, DAVID EVANS AND ASSOCIATES,INC. ji,!'�'l,�',� i���`2''�v Kristina Gi rd McKenzie Planner Enclosures o:\projectUVhiw0000-0001\!docs\101-genl�cityoftigard_Itr_4_12.doc T �-���; G�oen�DEx�N A��iwHC[ - ` � �cn � DESCRIPTION OF PROPOSAL The proposed action consists of mitigation work to offset anticipated impacts to wetlands associated with Lowe's Home Improvement Warehouse,planned for construction at Highway 217 and 72°d Avenue and approved by the City of Tigard(SDR 98-0007). The mitigation site described here represents one of two sites within the Fanno Creek Basin that will compensate for wetland loss caused by the hardware store development. The applicant has obtained necessary permits for the wetland impacts and mitigation plans from the US Army Corps of Engineers (COE#99-199) and the Oregon Division of State Lands(DSL FP 18352). The proposed mitigation project involves enhancing 3.1 acres of wetlands along Fanno Creek at Fowler Middle School. The mitigation site contains a segment of Fanno creek and adjacent wetlands dominated by reed canary grass, an invasive species. The site currently provides flood storage and some water quality benefit,but little habitat diversity or structure. The mitigation project will enhance existing wetlands by removing reed canarygrass and revegetating them with native vegetation. The proposed planting will establish ash forest,willow shrub, and mixed emergent communities similar to adjacent wetland areas. Native vegetation will also be established along approximately 400 feet of the stream bank to increase shading of the bank,help decrease stream temperatures,increase vegetative structure, and provide bank stabilization. Grading activities on the site will involve contouring the land to create oxbows and depressions that pond water for a significant part of the growing season. T'his will increase flood storage capacity and associated water quality benefits at the site and improve fish habitat. The proposed mitigation project will complement adjacent enhancement projects planned by the City of Tigard,to include planting of Oregon ash and willow forest, shrub enhancement,and a proposed trail. The applicant wishes to begin work by July 1,2000. Mitigation would be constructed during the summer of 2000 season to facilitate excavation. Planting would occur during the fall of 2000 to promote plant survival. 1'he pre-application conference is requested to clarify permit application requirements and procedures and to elicit feedback from City of Tigard staff regarding the proposed project. Pre-Apps (CD Meetings) A r�� Z000 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Thursday, April 20, 2000 30 s:oo 8:30 9:00 Pre-app 9:30 10:00 Morland Properties 503�460-9313 10:30 11:00 Pre-app - Kristina McKenzie, 223-6663... 11:30 12:00 12:30 1:00 � 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 2:40PM Wednesday,April 12, 2000 Customer Receipt Cl"1'Y OF T[GARD Printed:04/12/2000 14:39 User: DEBBIE Station: 02 Operator: DEB Rcpt No: 0001379 Date: 04/12/2000 Customer No:000000 Amount Due: 240.00 Name: DAVID EVANS AND ASSOCIATES Cash: 0.00 Address: 2828 SW CORBETT AVENUE Check: 240.00 PORTLAND, OR 97201 N/A 0.00 Change: 0.00 Twe Description Amount LANDUS Land Use Applications 240.00 C--�v v C..,�L-� � , , � � �� loc� �,� �....>1 � -, _ -{ / I � � L. J�' - ((v�1 � �,,�� ,�, �.,�� �2_�,-� / r , L , �. ��` �'`- � ���' � � � � �� �;� 1 �'�l r-c..��.,�. �/' ��aC: -C}�' , � , �..� f f -�� �� 04/.06/00 14:42 $50J 684 7297 CIT'Y OF TIGARD f�001/001 CITY OF TIGARD 1AND USE APPlICATIONS PRE-APPLICATION CONFERENCE CHECKLIST ���� S ' A Bscre. /j9v5�- Go��h � G�� � sc�� pr��,p� Q�a/s�6�r„�i/�� / Du 'i. All of the items identfied within this chedc list are required to be submitted and reoeived by the Planning Division a mini of n w k ' r iall �heduling�pre-���licatiom m�fer nce d�te/time to aflow Staff ample time to � prepare for the meeting. A pre-application conference c�n usually be sche�luled within 1-2 weeks of the Planning Division's reoeipt ofi the �equest for eithe� u r Th r m rr' q� Pre-apptication conferences are typlcally held between the hours of 9:00-1 • A.M. 2. The application process for requesfing a pre-application conference is ;nifiated by � the applicant in the form of a let� r 1 (submit 2 copies of each), containing the following pertinent i�fonnation: • Name, address and telephone number of the applicant and agent if applicable. • A brief description of the proposal and any site-speafic questions/issues that you would like to have Staff�esearch prior to the meeting. • Site plan showing the proposed lots and/or buildirlg Iayouts, drewn to scale. Show the location of the subject property in relation �o the nearest streets; and the locations of driveways on the sub�ect property, and across the street (this is beneficia! in providing a more accurdte assessment of possible issues conceming development). � • The proposed uses. • Tax maps and lot numbe�s for alf subject properties. • CuRent owners of the subject property, if other than the applicant. • Topog�aphic informaSon (include contour frnes ff possible). • If the pre-application oonference is to� a MONOPOLE project, the app[icant must attach a copy of the letter and proof in the form of an affidavit of mailing, that t he collocation Protocol was completed (see Section 18.798.080)_ • $240 pre-application conference fee. - r Post-it�Fax Note 7671 � ���► To- �rS � Fmm��r • � �O'�� Co. Pn«�� T ,-� zz3- �#8 �3 � � i �7 F�# a�o, o a 0 DAVID EVAiVS ANDASSOCIATES �NC. October 12, 2001 Mr. Sherman Caspers City of Tigard, Planning Department 13125 SW Hall Blvd. Tigard, OR 97223 71Tf�T�r��r�rT � Ti^re� �<)r? � [� nST9"7w�ITT icr,: i,i!i�'r,�� t1lJiVlt, [lvit'I(iJ V r.!i`1L'1'�i rv i-ii�.til�u Jc. JEiv,�i i i v� i:iai"r�� r�ruvu i WETLAND MITIGATION SITE AT FOWLER MIDDLE SCHOOL SLR2000-00007 AND SLR2000-00008 DEA PROJECT NO. LHIW0000-0001 Dear Mr. Caspers: The intent of this letter is to confirm that the wetland mitigation for said development has been completed. The mitigation work for the development at SW ?2nd Street and Hwy. 217 was completed at the Fowler Middle School in accordance with City of Tigard Sensistive Lands Permit ST R2000-00007 and SLR2000-00008, DSL RF-16790, and CUE #2000-0092. Should you have any questions or need additional infoimation,please call me at (503) 499-0581. Sincerely, DAVID EVANS AN ASSOCIATES, INC. � �V ` Scott W. Banker rrujeci ivianager O:\PROJEC7�L\Lhiw0000-0001\!DOCS\l 01-GEN LU-101201-tigard.doc 2828 Southwest Corbett Avenue Portland Oregon 97201 Telephone: 503.223.6663 Facsimile: 503.223.2701 � 'O E'S HIW, INC. ESTATE DEPARTMENT Box 1111, North Wilkesboro, NC 28656 Phone: 336/658-7519 (Street Address) —Hwy. 268 East, North Wilkesboro, NC 28659 Fax: 336/658-3643 Email Address: PhiI.J.CurleyC�Lowes.com January 29, 2001 VIA UPS RED LABEL City of Tigard, Oregon 13125 SW Hall Blvd. Tigard, OR 97223 Attn: Sherman Casper-Permits Coordinator Re: Changes in Name for Permits issued to Eagle in Tigard, OR Dear Mr. Casper; Attached please find the check for $187.50 for the name changes for the former Eagle Store in Tigard. My understanding is that this covers approximately 22 building permits, 4 land use permits, and one engineering permit. LOWE'S HIW. Inc. (REO) A Washington Corporation P.O. Box 1111 North Wilkesboro, NC 28656 SURFACE Highway 268 East(REO) North Wilkesboro, NC 28659 The aforementioned Corporation is the successor in Name to Eagle Hardware& Garden (a Washington Corp.) If you have any further questions or comments, please feel free to contact me at any time at 336.658.7519. Re ards, Philip J. Curley -- Manager/Property anagement WF# 1108 OCT. 2.2000 4�34PM DAVID EVANS PDX UP N0. 169 P, 1i� � , nAVID EVANS AND ASSOCIATE5, ��', ; ; TEI.� GO � Y T1tAN5MITTAi�� 2828 S W Carbr,Ct Avtnuc To; Ms Julia Hajduk FAx No: 503-s847297 � Portland,O,rg'on 97zoi PHONE NO: FiRM: City of 7igard � � #OF PAGES: 3 Td:So3,�j,6663 FROM= SCO��B��ICf �; � PROJ.#: LHIW0000-0001 ; I �a� go3�2x3,��o3 pAT�; �0/2/OO " REGARDING: 8-7-00 Letter, Lowes Mitigation at , , Fowler Middle Scltool � COPIES: � FAX N0: �,i ORIGINAL 70 FOLLOW: p R�GUI1►R Mi,SI i ❑ OV�RNIGHT MAIL ❑ COURIER � WA i COMMENTS: i;�I Attached is the letter for your rev�e�v p k ' our prior conve�ation. per our phone conv�rsation with Bob Poskin of the Building Department,we understand t�t our project does nat require a Site Permit because it does not involve 50 or rnore cubic yards of�ill. The overflow��annel is cut only. i� ;�� i"� Please call if you have questions or ueed additional uzforniation. '� Scott Banker ���,� 503-499-0581 ��' � ,+ ; � � II I;�I i� 1 u� �I �1 'S � I' ' I �I I� , I'1i I"! I� � I�� �'� �! I �',,I i1" i; , ; I ��� I��; �I � o��n�n e;: �w ocs -gen a u c .doc �' OCT. 2.2000 4�35PM DAVID EVANS PDX UP N0.169 P.2i3 . y �I,: • y� ;��� ,��: i„'i ;1', ;; � � Augu�t 7, 2000 �;.; , i�', ,� ., �� � �; �� � I''� Lawrence L. Epstein '�', City of Tigard �"'' �r., ,;� Public Hea�inge Office I;;.; Engineering Aepartment i'�� 13125 SW�-Iall Blvd. ��.� ;� ; Tigard, OR 97223 ;;:� �f" �� REFERENCE: LOWE'S$IW SENSITIVE I,ANDS PERMI'r CONDITIONS WETLAND�}iITIGATION SITE AT FOWLER MYDDLE SCHOOL SUPPL�ME�'I'AL CONDITIONS INFORMATION SLRZ000r00�007 AND SLR2000-00008 �.� Doar Mr.Epstein: �`�� �,, Pursuant to the above-reference��Conditions o�'A oval, followin is su lemental informativn intended to P� g PP clarify the conditions. '� � ,�� i �� 1. Plans for the mitigation cons�tucdon have gone out for bid,but no contractor haB been awarded a construction contract as of �'s date. The normal constructior�equipment utilized�or e�ccavatiun of the overflow ehannel would be�v;vide-tracked hydraulie excarrator to minimize ground disturbances. �; The area to be impacted by the overflow channel excavation is 0.59 acr�s/25,771 square feet. � Tracked equip�nent impacts�,e ground le�s than rubber ti�e equipment. The existing reed canary grass Will provid�a buffering"ma� '�effect as it lics beneath the tracks. A tracked hydraulic excavator can eomplete the exeavatiam wor�Ifaster than a rubber tue vehicle,thereby lessening the time construction ta1Ce8 t0 C01n le�. �' ' P k.� 2, The eroaion cantrol meaSUre� �,Are noted on the Gtading Pla�n,sheet 5 of 6,a�d the de'tails of the measures are located on�heet 6 of 6. �i e�neral Note#11 on the cover aheet(�eet 1 of��tates that tree protection fenciug and sediment barrier��shall be installed prior to grading and maiuntained tlunughout construction. I��; 3. Sheet 5 of 6 calls for a double; w of txee protection Fencing and sediment fencing adjacemt to the overQow chamnel to pmUeect�es. �'� � 4. Surveyozs ahall clearly�talce�orlring limits pxior to conshuctiun, !� � I� I'�'1 �•�' �I�i I' ' �� OCT. 2.2060 4�35PM DAVID EVANS PDX UP N0.169 P.3i3 I� , . �, �I ��� i, '� Lavvrence L. Epstein ,i August 7,2000 ��� Page 2 � '' ,;I' ;�; �� �, Please contact us if you require ai�ditional information to clarify the abov�responses, We look for�vard to recei�ving�rour ap�roval and comii�encing construction. �'ii ,��� Sincerely, ;� i � �� DAV'TD EVAN'S AND ASSOCJ�P�TES, INC. �; 'll Scott Baaker '"i Senior Landacape Architect ,;�I , �� �, SWB:pao ' j� ���i o:\proiece�\1hiw0000-0001\Idocs\181.gen1lep�tipin ltr 8_7.doc ;I � �;;i �'� ��'� .�I,� �!� � , '; �ii i; � �� ;��� ,I�I I� � i � i��� illti �r�i �I'� ��i� �i�1 N � I ''!I I � i`,;��� .'Ij ,II ��I� !�I I��I I�'I I�'� i � ���I I��I � l /� �� _ �� �. I ' � � � \\ \ H , � \ Z . . ,\ � W � � ` �. �a 3 GRAVEL CONSTRUCTION � �� NOTES: p J W � ' g ENTRANCE � � \ 1. EROSION CONTROLS ARE TO BE IN PLACE AND MAINTAINED AT ALL � � — � / � �` TIMES ANO CONFORM TO THE STAN�ARDS ANO REQUIREMENTS SET � Q W � \ FORTH IN THE FROSION AND SEDIMENT CONTROL PLAN TEGHNICA � � F�1�,, j `\Sw �UIDANCE HANDBOOK, CITY OF PORTLAND, BES, AND i1NITED a V � � O �� ��. ''b � / i �r�FpF� SEWERAGE AGENCY OF WASHINGTON COUNTY (REV. FEB. 1994), � _ � � r°""�D /� � ��V 2. E R O S I O N C O N T R O L F A C I�I T I E S S H A L L B E C O N S T R U C T E D I N � ,e„�_,� /-i' ° � .r+���t � / . �\ � / `� • a W � � �y � i � i q CONJUNCTION WITH ALL GRAOING ACTIVITIES AND IN SUCH A O W � � 1i0"0T0.R° ^ '^ I 48.0� i � • \�ti��, MANNER AS TO ENSURE THAT SEDIMENT AND SEDIMENT LADEN �j � t Q eOTi 'T. �u,� � \� / / � WATER DOES NOT ENTER THE DRAINAGE SYSTEM OF VIOLATE � � ; � r f F '°6 � I � ` �,� / � APPLICABLE WATER STANDAR�S. THE FACIUTIES SHALL BE � _ � aro I I r.��= S � � A� � i ` `� �. INSPECTED DAILY BY THE CONTRACTOR AND MAINTAINED AS '� � 0 147.85 ' �1 "��\. : � \ 1 810-FILTER� �\ NECESSARY TO ENSURE THEIR CONTINUED FUNCTIONING. 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