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Letter of Approval – GRAD 2020-02 – Smith Creek Phase 3B Page 1 of 3 April 15, 2021 Brandon Deehan, Land Project Manager Lennar Northwest, Inc. 11807 NE 99th Street, Suite 1170 Vancouver, WA 98682 RE: Approval of Grading Permit GRAD 21-02 “Smith Creek Development Phase 4B” for Tax Lot 052W130000109 Dear Mr. Deehan: Staff approves the grading permit (received March 23, 2021) with the following conditions: Planning Conditions of Approval: 1. Conformance with Approved Plans: All site work shall be in substantial conformance with the approved grading plans. 2. DEQ: All development activity shall be in accordance with the approved Department of Environmental Quality (DEQ) 1200-C permit. The applicant shall provide to the City any modifications to the DEQ permit. 3. Other agencies: The applicant, not the City, is responsible for obtaining permits from the US Army Corps of Engineers (USACE), Oregon Department of State Lands (DSL), Oregon Department of Transportation (ODOT), and other agencies which might require approval or permit. 4. ROW: All work within public rights-of-way (ROWs) or easements within City jurisdiction shall require plan approval and permit issuance from the Public Works Department. 5. Trees: Grading excludes approval to remove any trees. Prior to the start of any grading work, install tree protection per one of the methods outlined in the enclosed City of Portland Title 11.60.030. ---PAGE BREAK--- Letter of Approval – GRAD 21-02 – Smith Creek Phase 4B Page 2 of 3 Public Works Conditions of Approval: 6. The applicant shall comply with the submitted grading and erosion control plans, including measures to keep the ROW clean, to protect existing catch basins around the work area, and maintain dust control measures. All catch basins around the work area shall be clean of debris and soils at all times. Note that erosion control plans may be subject to modifications if and when grading and civil improvements of other phases of the Smith Creek Development are completed. 7. Construction access is limited to only be through Parr Road and internal Smith Creek streets. Construction traffic is not allowed on W. Hayes Street, Austin Avenue, Desantis Drive, or Smith Drive. Applicant shall obtain agreements for crossing on to existing private streets that are under construction in order to get to public streets. 8. The applicant is responsible for coordinating work activities with other contractors. 9. The applicant shall continuously maintain adequate protection of all work from damage and protect the public and private property of others from injury or loss arising in connection with the work. 10. The applicant shall comply with City of Woodburn Planning Department requirements through Woodburn Development Ordinance (WDO) 5.01.04 Grading Permit. 11. Prior to starting work, contact the Public Works Department for inspection of the erosion control in the public ROW. Contact the Engineering Division at (503) 982-5240. 12. The applicant shall leave ROW in clean condition, free from litter and debris, at the end of each workday, or more frequently if directed by the City Inspector. 13. Sidewalk and street closures are not allowed under this permit. Background The property owner through Stafford Land Company and Ordinance No. 2565 (2018) annexed territory including the subject property and obtained approval of a planned unit development (PUD), preliminary subdivision, and ancillary applications for the Smith Creek Development via the Final Order of November 14, 2018. The project is split into nine phases; the grading plans are limited to Phase 4B. Context This grading permit in no way abrogates or supersedes any conditions of approval in the Smith Creek Development Final Order of November 14, 2018. ---PAGE BREAK--- Letter of Approval – GRAD 21-02 – Smith Creek Phase 4B Page 3 of 3 Summary of Review: This site is subject to the development standards of the Woodburn Development Ordinance. The applicant is requesting to grade the site in preparation for the installation of public improvements including utilities, streets, and stormwater management facilities relating to Phase 4B of the Smith Creek Development. Pursuant to WDO 4.01.02, The Director shall render all Type I land use decisions. The Director’s decision is the final decision of the City on a Type I application and cannot be appealed by any party through the City land use appeals process. If you have any questions regarding this matter, contact Chris Kerr, Community Development Director [EMAIL REDACTED] or (503) 980-2445. Final decision approved by designee: Dan Handel, AICP, Associate Planner April 15, 2021 Enclosures: 1. Approved Plans 2. City of Portland Title 11.60.030 tree protection methods cc: Roy Hankins, P.E., 2677 Willakenzie Rd, Suite 1A, Eugene, OR 97401 Chris Kerr, Community Development Director Colin Cortes, AICP, CNU-A, Senior Planner Eric Liljequist, P.E., Public Works Director Dago Garcia, P.E., City Engineer Alyssa Nichols, Permit Technician file: GRAD 21-02 ---PAGE BREAK--- 48 28 30 27 29 13 15 16 21 23 26 31 14 24 19 17 22 33 25 35 20 32 34 18 36 37 42 44 45 43 50 39 41 40 52 38 54 55 53 62 56 58 63 4 59 61 3 57 60 5 1 64 66 65 10 6 7 11 12 2 46 49 47 51 TRACT TRACT 9 8 TRACT COVER SHEET AND INDEX OF DRAWINGS 01 Dig Safely. Call the Oregon One-Call Center DIAL 811 or 1-[PHONE REDACTED] Dig Safely. Call the Oregon One-Call Center DIAL 811 or 1-[PHONE REDACTED] VERTICAL DATUM SITE MAP PROJECT CONTACTS IMPERVIOUS AREA SUMMARY SITE DATA VICINITY MAP N N 66-LOT SUBDIVISION TAX MAP 052W13-TL112 WOODBURN, OREGON 1"=1500' STUBB RD PARR RD SITE CORNWELL ST BOONES FERRY RD SMITH DR BEN BROWN LN CASCADE DR EVERGREEN RD FRONT ST HARVARD DR PAPER SCALE NOTE SMITH CREEK PHASE 4B STUBB RD PARR RD CORNWELL ST BOONES FERRY RD SMITH DR BEN BROWN LN CASCADE DR EVERGREEN RD FRONT ST HARVARD DR 471-001 30 2677 WILLAKENZIE ROAD, SUITE 1A EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com SMITH CREEK - PHASE 4B TAX MAP 052W13-TL 112 WOODBURN, OREGON ---PAGE BREAK--- N LEGEND SURVEY NOTES: DEMOLITION NOTES: 1 2 3 4 EXISTING CONDITIONS AND DEMOLITION PLAN 04 3 3 3 3 471-001 30 2677 WILLAKENZIE ROAD, SUITE 1A EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com SMITH CREEK - PHASE 4B TAX MAP 052W13-TL 112 WOODBURN, OREGON 1 3 4 ---PAGE BREAK--- 48 28 30 27 29 13 15 16 21 23 26 31 14 24 19 17 22 33 25 35 20 32 34 18 36 37 42 44 45 43 50 39 41 40 52 38 54 55 53 62 56 58 63 4 59 61 3 57 60 5 1 64 66 65 10 6 7 11 12 2 46 49 47 51 TRACT TRACT 9 8 TRACT N EARTHWORK SUMMARY GENERAL NOTES: SETBACK LIMITATIONS GRADING PLAN 07 471-001 30 2677 WILLAKENZIE ROAD, SUITE 1A EUGENE, OREGON 97401 TEL: (503) 746-8812 FAX: (503) 639-9592 www.emeriodesign.com SMITH CREEK - PHASE 4B TAX MAP 052W13-TL 112 WOODBURN, OREGON ---PAGE BREAK--- Significant Tree Protection: Follow the City of Portland Title 11.60.030, specifically either the subsections set of C.1.a.(1), and C.1.b., & f. (clear and objective); or, the subsections set of C.2.a., & d.-f. (arborist’s discretion) and as outlined below. Subsection D. applies in either scenario. C. Protection methods. The Tree Plan shall show that the contractor adequately protects trees to be preserved during construction using one of the methods described below: 1. Clear & Objective Path. a. A root protection zone is established as follows: For trees on the development site - a minimum of 1 foot radius (measured horizontally away from the face of the tree trunk) for each inch of tree diameter (see Figure 80-2) Figure 80-2 Root Protection Zone Existing encroachments into the root protection zone, including structures, paved surfaces and utilities, may remain. New encroachments into the root protection zone are allowed provided: ---PAGE BREAK--- the area of all new encroachments is less than 25 percent of the remaining root protection zone area when existing encroachments are subtracted; and no new encroachment is closer than 1/2 the required radius distance (see Figure 60-1); Figure 60-1 Permissible RPZ Encroachments b. Protection fencing Protection fencing consisting of a minimum 6-foot high metal chain link construction fence, secured with 2-foot metal posts shall be established at the edge of the root protection zone and permissible encroachment area on the development site. Existing structures and/or existing secured fencing at least 3½ feet tall can serve as the required protective fencing. ---PAGE BREAK--- When a root protection zone extends beyond the development site, protection fencing is not required to extend beyond the development site. Existing structures and/or existing secured fencing at least 3½ feet tall can serve as the required protective fencing. e. The following is prohibited within the root protection zone of each tree or outside the limits of the development impact area: ground disturbance or construction activity including vehicle or equipment access (but excluding access on existing streets or driveways), storage of equipment or materials including soil, temporary or permanent stockpiling, proposed buildings, impervious surfaces, underground utilities, excavation or fill, trenching or other work activities; and f. The fence shall be installed before any ground disturbing activities including clearing and grading, or construction starts; and shall remain in place until final inspection by Planning Division staff. 2. Arborist’s Discretion. When the prescriptive path is not practicable, the applicant may propose alternative measures to modify the clear and objective root protection zone (RPZ), provided the following standards are met: a. The alternative RPZ is prepared by an arborist who has visited the site and examined the specific tree’s size, location, and extent of root cover, evaluated the tree’s tolerance to construction impact based on its species and health, identified any past impacts that have occurred within the root zone, and forwarded a report through the developer to Planning Division staff; b. The arborist has prepared a plan providing the rationale used to demonstrate that the alternate method provides an adequate level of protection based on the findings from the site visit described above; d. If the alternative methods require the arborist be on site during construction activity, the applicant shall submit a copy of the contract for those services prior to permit issuance and a final report from the arborist documenting the inspections and verifying the viability of the tree(s) prior to final inspection by the Planning Division; e. If the alternative tree protection method involves alternative construction techniques, an explanation of the techniques and materials used shall be submitted; f. The arborist shall sign the tree preservation and protection plan and include contact information. D. Changes to tree protection. Changes to the tree protection measures during the course of the development may be approved as a revision to a permit provided that the change is not the result of an unauthorized encroachment into a root protection zone (RPZ), and the applicant demonstrates that the tree protection standards of this Section continue to be met. When an unauthorized encroachment has occurred, the City may pursue an enforcement action or other remedy.