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Hearings Officer Packet - 11/27/1995PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Planning Commission meetings by noon on the Monday prior to the meeting. Please call (503) 639- 4171, Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: ? Qualified sign language interpreters for persons with speech or hearing impairments; and ? Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above. (OVER FOR MEETING AGENDA ITEM(S) TIGARD HEARING'S OFFICER PAGE 1 OF 2 11/27/95 PUBLIC HEARING h:\login\patty\masters\agendho.mst • • CITY OF TIGARD HEARINGS OFFICER NOVEMBER 27, 1995 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 SITE DEVELOPMENT REVIEW (SDR) 95-0014/SENSITIVE LANDS REVIEW (SLR) 95-0010/VARIANCE (VAR) 95-0009 kDUNCAN INDUSTRIAL BUILDINGQ The applicant requests Site Development Review approval to develop a 13,970 square foot industrial building and Sensitive Lands Review to perform land form alterations within the 100-Year Floodplain, 100-Year Floodway and Wetlands areas to connect to an existing sanitary sewer line in Fanno Creek. The Applicant has withdrawn his application for a Variance. COMPREHENSIVE PLAN DESIGNATION: Light Industrial (I-L). ZONING DESIGNATION: Planned Industrial (I-P). LOCATION: 16055 SW 74th Avenue (WCTM 2S1 13AB, tax lot 800). APPLICABLE LAW: Community Development Code Chapters 18.42, 18.68, 18.84, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.134, 18.160 and 18.164. Comprehensive Plan Policies 2.1.1, 3.1.1, 3.2.1 and 3.2.2. 3. OTHER BUSINESS 4. ADJOURNMENT TIGARD HEARING'S OFFICER PAGE 2 OF 2 11/27/95 PUBLIC HEARING h:\login\patty\masters\agendho.mst • RECEIVED NOV 2 7 1995 •Ci ol?j f Tj,prd 13t, 1??5Y SW Hall •Tigard,Oregon • COMMUNITY NEWSPAPERS, INC. Legal Notice Advertising • ? Tearsheet Noti( Blvd. 97223-8199 .Accounts Payable-Terry • ? Duplicate Aff idi • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, ass. Judith Koehler being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTi gard-TnaI at i n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at ttTigard in the a5ietedl?eve?op 339-5- h0.1tth%uncan a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and . consecutive in the following issues: Subscribed and sworn to ore me thisl 6t- rJay of November, l Nota blic for Oregon I- My Commission Expires: AFFIDAVIT P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON, OREGON 97075 Legal Notice TT 8349 The following will be considered by the Tigard Hearings Officer on Mon- day, November 27. 1995, at 7 P.M., at Tigard Civic Center - Town Hall, 13125 S.W. Hall.Boulevard, Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter accompanied by statements or evidence suffi- cient to allow the hearings authority and all parties to respond precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division at 13125 S.W. Hall Boulevard, Tigard, Oregon 97223 or by calling (503) 639-4171. PUBLIC HEARING: SITE DEVELOPMENT REVIEW (SDR) 95-0014/ VARIANCE (VAR) 95-0009/ SENSITIVE LANDS REVIEW (SLR) 95-0010 DUNCAN INDUSTRIAL BUILDING A request to construct a 13,970 industrial office/warehouse facility. The project consists of a 9,152 square foot one story warehouse/manufacturing facility with 5,622 square foot two story office structures. The applicant has applied for a variance to the required 20 foot front yard setback. The applicant has also proposed land form alterations within the 100-year floodplain to connect to an existing sewer line in Fanno Creek. LOCA- TION: 16055 S.W. 74th Avenue. The site borders Fanno Creek to the west and south, and 74th Avenue to the east. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.68, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150 and 18.164. ZONE: Planned Industrial (I-P). The I-P zone permits a range of light industrial uses within an. Industrial Park setting. • • TT8349 - Publish November 16,1995. November 16F 19.9c; CITY OF TI&RD HEARING'S *FICER SIGN-IN SHEET AiL;t CITY OF TICARD OREGON NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORD THEIR ADDRESS ON THIS SHEET ...(Please PRINT eibly) AGENDA ITEM #: 2.1 DATE OF HEARING: 11/27/95 Page 1 of 2 FILE NAME(S): DUNCAN INDUSTRIAL BUILDING CASE NUMBER(S): SITE DEVELOPMENT REVIEW (SDR) 95-0014NARIANCE (VAR) 95-0009/ SENSITIVE LANDS REVIEW (SLR) 95-0010 OWNER(S)/APPLICANT(S): JOHN DUNCAN (Both the Owner and the Applicant) LOCATION: 16055 SW 74TH AVENUE MAP(S) & TAY LOT(S) NO(S). WCTM 2S1 13AB, TAX LOT 800 PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE PROPONENT (For the proposal) OPPONENT (Against the proposal) (PR/NT NANUADDREZRIP S AFRUATION) (PRINT NAME/ADDRESS/ZIP S AFR/UATIONI Name: JIM AN 0 {2. t W4 P (A?Gow emc A) Name: Address: '102.0 'S• W . C emTr Q 6T. Address: Cit.- Ti& .W.Q State: ©IZF- zing-l224 City: State- Zip- Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: h:\login\pauy\si gniaho.mst CITY OF *GARD HEARING POFFICER SIGN-IN SHEET Ai? CITY OF TIGARD OREGON NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORD THEIR ADDRESS ON THIS SHEET ...(Please PRINT Legibly) AGENDA ITEM #: 2.1 DATE OF HEARING: 11/27/95 Page 2 of 2 FILE NAME(S): DUNCAN INDUSTRIAL BUILDING CASE NUMBER(S): SITE DEVELOPMENT REVIEW (SDR) 95-0014/VARIANCE (VAR) 95-00091 SENSITIVE LANDS REVIEW (SLR) 95-0010 OWNER(S)/APPLICANT(S): JOHN DUNCAN (Both the Owner and the Applicant) LOCATION: 16055 SW 74TH AVENUE MAP(S) & TAX LOT(S) NO(S). 1 FWcTM 2S1 13AB, TAX LOT 800 PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE PROPONENT (For the proposal) OPPONENT (Against the proposal) (PR/NT NAME/ADDRESWIP 8 AFfIUATION) (PR/NT NAME/ADDRESWIP 6 NRUATION) Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: h: \Iogin\p atty\signinho.mst • • BEFORE THE LAND USE HEARINGS OFFICER FOR TIGARD, OREGON Regarding a request by John Duncan for a Site Development Review to develop an industrial /office building, a Sensitive Lands Review to alter the land form to connect to a sanitary sewer line in the 100 year flood plain and wetlands along Fanno Creek, and a Variance from the side yard setback standards. 1. FINDINGS FINAL ORDER SDR 95-0014 SLR 95-0010 VAR 95-0009 (John Duncan) The hearings officer adopts and incorporates herein the Tigard Community Development Staff Report dated November 20, 1995 (the "Staff Report"), including the summary, findings about the site and surroundings, applicable approval standards, agency comments, and evaluation of the request, except to the extent expressly modified. II. HEARING The hearings officer conducted a duly noticed public hearing regarding the application on November 27, 1995. The following testimony was offered in relevant part. 1. City Planner Mark Roberts summarized the staff report. He recommended two revisions to the conditions: a. A new condition 9i should be added related to the front setback variance request, which was withdrawn by the applicant. It was recommended in the staff report that the applicant revise the site plan to show a minimum 20 foot front yard setback from SW 74th Ave., but the conditions failed to incorporate the setback requirement. b. Condition 9d deals with the 15-foot pedestrian/bike pathway easement. The City would be willing to stipulate that the alignment of the trail be placed in areas other than those the applicant proposes to develop. 2. The hearings officer said that she had drafted potential added and amended conditions to cover discrepancies between the staff report and the proposed conditions: a. New condition 9i: The applicant shall revise the site plan to provide at least a 20-foot setback from SW 74th Avenue. SDR 95-0014, SLR 95-0010, VAR 95-0009 Final Order - Page 1 • • b. Amended condition 6: The site plan shall be revised to eliminate intended street crossing; revise the width of proposed driveways to the parking on the east side of SW 74th Avenue to conform to City standards; consolidate the orooosed driveways to a maximum of one driveway on each side of the street which should be aligned directly ooaosite each other; and show the 100-year floodplain. (Underlined language is new). 3. Jim Andrews, Nicoli Engineering, representing the applicant, had four concerns regarding the staff report: a. Mr. Duncan wanted to have the hearings officer consider his application for a variance of 5 feet from the required 20 foot setback. b. Mr. Duncan has a concern about the proposed condition requiring construction of a sidewalk and a curb along SW 74th Ave. Mr. Duncan is in the process of purchasing the Burlington Northern Railroad property and he would like to defer putting in curbs and making improvements to the property until he purchases the property. Mr. Duncan improved SW 74th in 1988 on his own, so he has some reservation about making further improvements when he has already paved the street and installed sidewalks on the street. He questions making curb improvements on the site that he does not own that belongs to the railroad. Several years ago he went to the expense of improving the street and Tigard didn't require curbs. The existing parking was built several years ago and Tigard didn't require curbs. He is only adding 53 spaces to the existing parking and he doesn't understand why Tigard is requiring curbs now when it didn't require them then. c. Mr. Duncan has a concern about the condition requiring the dedication of a 15-foot easement for the pedestrian bicycle pathway. Mr. Duncan opposes the open- ended easement agreement that Tigard requires him to enter for this project. He would like some language in the condition so that he would have some participation in the location of the pathway and its impacts on his property. d. Regarding the proposed condition to consolidate the driveways, Mr. Andrews pointed out that of the five driveways in the plan, four are existing driveways. One is to a loading dock that goes to a service door in the existing Jadco building. He said the site will function fine if one of the driveways to the Railroad property is closed, but if the driveway to the service door is closed that would create a hardship for the Jadco operation. III. SITE VISIT The hearings officer visited the site before the hearing without the company of others. She observed the site, the parking lot, the existing building, access, the nature of surrounding development and terrain, and condition of surrounding streets. SDR 95-0014, SLR 95-0010, VAR 95-0009 Final Order - Page 2 • • IV. DISCUSSION 1. City staff recommended approval of the application subject to conditions in the Staff Report. The hearings officer finds that the Staff Report contains all the applicable standards for the application and the findings showing that the application can comply with those standards. Except for the variance request, those findings are not disputed in large part. The hearings officer adopts those findings as her own, to the extent they are not disputed as expressly provided otherwise in this final order in support of a decision to approve the Site Development Review and the Sensitive Lands Review requests. 2. The record was kept open for seven days to obtain additional information on the request for variance from side yard setback standards. The applicant included the variance request in the original application and the city included it within the notice of public hearing but the applicant withdrew the variance request and it was not addressed in the Staff Report. a. The applicant supplied written argument in favor of his request for a 5-foot variance from the 20-foot setback requirement from SW 74th Ave. in letters dated June 27, 1995 and December 1, 1995. The City staff evaluated the variance request in a December 4, 1995 memorandum to the hearings officer and recommended the hearings officer deny the request. b. The two letters from the applicant differed on whether the requirement is for a 20 or a 35 setback and whether the existing Jadco building has a 15 or 20 foot setback. In the first letter the applicant erroneously thought the setback required was 35 feet rather than 20 feet and stated that the Jadco building has a 20 foot setback. In the second letter the applicant corrected the setback required and stated that the Jadco building has a 15 foot setback. The hearings officer notes that the applicant's representations of the setback of the Jadco building's setback are inconsistent. The plans, prepared by the applicant, show the Jadco building has a 20 foot setback, whereas the applicant's December 1, 1995 letter says it has a 15 foot setback. The hearings officer concluded she did not need to resolve the inconsistency because deciding compliance with the variance standards pivoted on two unrelated criteria, Tigard Community Development Code (TCDC) 18.134.050(A) subsections 2 and 4. Subsection 2 requires that the special circumstances that exist on the site not be applicable to other properties in the same zoning district. The application does not meet this criterion because the 100 year flood plain and wetlands areas constraints exist for other properties along Fanno Creek and along SW 74th Ave. in the same zoning district. Subsection 4 requires that the hardship not be self imposed. The application does not meet this Criterion because the majority of the proposed building meets the setback standard and with slight adjustments the remainder of the building could comply. 3. Regarding the proposed condition to construct the sidewalk along the west frontage of SW 74th and a curb along the east SW 74th on the leased portion of the Burlington Northern site, Mr. Roberts said that although Mr. Duncan doesn't presently own the parking site he proposes to develop the site with parking spaces and landscaping. The staff feels TCDC section 18.164, street utility improvements standards, requires these SDR 95-0014, SLR 95-0010, VAR 95-0009 Final Order - Page 3 • • sidewalk and curb improvements. The Code doesn't require sidewalks on both sides of the street, so the staff didn't require sidewalk improvements on the east side of 74th Ave. But, the curbing replaces the existing system of ditches on the east side of SW 74th Ave. Because Mr. Duncan is making permanent improvements to the Burlington Northern Railroad site, the staff feels that the curbing is essential to that property and the parking is part of the office warehouse development. He said that the parking use was not required to be a separate application because it is within 300 feet of an industrial building. As the applicant has designed the proposed development, the Duncan building would use the majority of the parking. The TCDC requires the provision of 50 spaces for the new building, so 50 of the 53 proposed parking spaces are required as part of this warehouse/office project. Because the applicant is developing the railroad site for parking to serve the proposed building the TDCD requires the curb improvements. 4. The hearings officer noted that the location of the bikeway easement will be a matter of negotiation between the property owner and the City. Mr. Andrews said that if that were the case that would be fine, but there was no language that assured Mr. Duncan that he would have some say about where the easement will go and what kind of impacts it will have on his property. The hearings officer asked Mr. Andrews if Mr. Duncan would feel more comfortable if the following phrase were added to condition 9d: "the applicant shall negotiate with the City and enter an agreement." He responded it would. 5. Mr. Roberts stated that the staff would not oppose leaving the existing service driveway open because of the design of the existing Jadco building and the limitation of the rest of the site in accessing the main driveway that would be designed to serve both the proposed building and the Jadco building. He said that the staff would support a total of three driveways between the two sites instead of the five proposed. V. CONCLUSIONS The applicant's request does or can comply with the applicable standards of the City of Tigard Community Development Code and should be approved, subject to the conditions of approval in the Staff Report as modified by this final order. VI. ORDER The hearings officer approves the applicant's request for SDR 95-0014 and SLR 95- 0010 subject to the conditions of approval in Section VI of the Staff Report as modified by this final order, but denies the variance request VAR 95-0009. 1. The following new condition 9i should be added: The applicant shall revise the site plan to provide at least a 20-foot setback from SW 74th Avenue. SDR 95-0014, SLR 95-0010, VAR 95-0009 Final Order - Page 4 • • 2. The following conditions should be amended as follows: a. Condition 6: The site plan shall be revised to eliminate intended street crossing; revise the width of proposed driveways to the parking on the east side of SW 74th Avenue to conform to City standards; consolidate the proposed driveways so there is a maximum of three driveways; and show the 100-year floodplain. [Amended language is underlined]. b. Condition 9d: The applicant shall negotiate with the City and enter an agreement or contract which says that the applicant will grant a 15-foot access easement to the City for the purposes of providing a pedestrian/bicycle pathway. This easement shall be located within the floodplain area and the alignment of the trail will take place in areas other than those proposed to be developed. The agreement shall be valid for a period of 12 months while the City undertakes a study to determine the preferred location of the pathway along this section of Fanno Creek. [Amended language is underlined]. Dated this 13th Day of December 1995 Deniece B. Won City of Tigard Hearings Officer SDR 95-0014, SLR 95-0010, VAR 95-0009 Final Order - Page 5 • AGENDA IT M: 2.1 HEARING DATE: 11/27195 7:00 PM BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by John STAFF REPORT Duncan to develop a 13, 970 SDR 95-0014 square foot industrial building. SLR 95-0010 VAR 95-0009 1. SUMMARY OF THE REQUEST CASE: Duncan Industrial Building SUMMARY: The applicant requests Site Development Review approval to develop a 13,970 square foot industrial building and Sensitive Lands Review to perform landform alterations within the 100-Year Floodplain, 100-Year Floodway and Wetlands areas to connect to an existing sanitary sewer line in Fanno Creek. The Applicant has withdrawn his application for a Variance. APPLICANT: John Duncan OWNERS: Same 16055 SW 74th Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Light Industrial (I-L) ZONING DESIGNATION: Planned Industrial (I-P) LOCATION: 16055 SW 74th Avenue (WCTM 2S1 13AB, tax lot 800) APPLICABLE LAW: Community Development Code Chapters 18.42, 18.68, 18.84, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.134, 18.160 and 18.164. Comprehensive Plan Policies 2.1.1, 3.1.1, 3.2.1 and 3.2.2. STAFF RECOMMENDATION: ? Approval Subject to Conditions Q HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 1 i • II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Background Information: The site is bisected by Fanno Creek. Much of the site is within the 100-Year Flood Plain or contains wetlands. The site is. also developed with an existing industrial building, outdoor storage and parking lot uses located towards the corner of SW 74th Avenue and SW Durham Road. B. Site Size and Shape: The gross property acreage is 6.64 acres and roughly rectangular in shape with dimensions of 352 feet along SW Durham Road and 642 feet of length along SW Durham Road. C. Existing Uses and Structures: A portion of the property south of the proposed development site has an existing industrial building with outdoor storage areas. The majority of the site is undeveloped at this time. D. Surrounding Land Uses: The properties immediately to the north, east and south of the site are zoned Planned Industrial (I-P). To the north and east are properties which are developed with light industrial uses. To the west are areas zoned for residential use. To the south and west of the property are areas which are developed with single-family residential uses. III. APPLICABLE APPROVAL STANDARDS A. Community Development Code: 1. Section 18.68 (Planned Industrial Zoning District) allows a range of light industrial uses developed within an Industrial Park setting. The applicant has proposed office and warehouse uses which are among those uses permitted within a light industrial park setting. A maximum height of 45 feet is permitted for habitable structures. Based on the limited topographic change around the proposed structure, the building would not exceed a height of 34 feet which complies with the building height limitations. Section 18.68 specifies that the minimum landscaping requirement shall be 25 percent. The site plan indicates that the total site area is 6.64 acres. The areas to be maintained as wetlands or within the 100-Year Floodplain are not specifically HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 2 i identified by acreage amounts, however, the application does include the acreage to be developed and the percentages of each development site to be landscaped. The applicant states that 15% of the portion of the site is to be developed with the new industrial building. A large portion of the 6.64 acres is within Wetlands, 100- Year Floodplain and Floodway Areas which are not expected to be developed in the future. For this reason, the percentage of landscape of the overall site will continue to be in excess of the 25% minimum landscape standard. The applicant indicates that a minimum of 40% of the excess railroad right-of-way to be developed as a parking lot is to be landscaped. Overall, the applicant has provided a minimum of twelve parking lot trees for the 53 parking spaces which is in excess of the one tree for each seven parking ratio requirement. Areas which are not planted with street trees are proposed to be planted with lawn or shrubs in compliance with the applicable landscape standards. 2. Chapter 18.84.040(Al states that the Hearings Officer shall approve or approve with conditions an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: (a) Landform alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any narrowing of the floodway boundary. This project shall preserve the floodplain storage function and maintenance of the zero-foot rise floodway as this project proposes to add no net fill. The sewage connection will, therefore, not impede water flow or increase volume within the floodplain. No development is allowed in residential floodplains in order to retain storage capacity for the 100-year flood and to not impede flow. (b) Landform alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards. The subject project is in area designated as Industrial on the Comprehensive Plan Land Use Map, therefore, this type of landform alteration is permissible. (c) Where a landform 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. This land form alteration will not result in any increase in the surface elevation of the 100-year flood as discussed previously. As indicated in (#1) above, floodplains are restricted from development in order to retain 100-year flood capacity. HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 3 • (d) The landform alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrianlbicycle pathway plan, unless the construction of said pathway is deemed by the Hearing Officer as untimely. The Tigard Park Plan indicates that the floodplain area within this parcel is part of the proposed pedestrian pathway system. However, staff does not know the location of the pathway, and will not, until a future study determines the preferred location. It should also be noted that neither of the adjoining properties currently contains a pathway which would allow a connection to the pathway system. Staff, therefore, concludes that construction of a pathway is not timely and recommends that the applicant only be required to provide a 15 foot access easement to allow the City to construct a pathway in the future. Such requirements must be roughly proportional to the impact of the use. In this case the estimated value of an easement of sensitive lands is $9,641. This compares to an unmitigated impact of the development on the transportation system ranging conservatively from $27,673 - $26,766 according to the Larson methodology utilized in the Dolan finding (calculations indicated on the two (2) page FINDINGS - ROUGH PROPORTIONALITY exhibit attached.) Prior to obtaining building permits, it is recommended that the applicant sign an agreement or contract which states that the applicant will grant a 15 foot access easement to the City for the purposes of providing a pedestrian/bicycle pathway. This easement shall be located within the floodplain area. The agreement shall be valid for a period of 12 months, while the City undertakes a study to determine the preferred location of the pathway along this section of Fanno Creek. (e) The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. This criteria is not applicable as a pathway will not be constructed in conjunction with this application. Further, a sensitive lands review will be required for the actual construction of the path and will be reviewed for compliance with this section. The necessary US. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. The applicant shall obtain the necessary, applicable permits from the Division of State Lands and Army Corps of Engineers. (g) Where landform alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the dedication of HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 4 sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. The applicant has been conditioned to provide a 15 foot access easement which is sufficient to provide for a pedestrian pathway in accordance with the pedestrian/bicycle pathway plan. While staff recognizes that residential development within the floodplain is not permitted and the property within the floodplain will, therefore, remain undeveloped. The City would welcome the voluntary dedication of the floodplain area by the applicant. Such a dedication would leave the City with the responsibility of flood control maintenance, as well as maintaining this area in its natural state. Otherwise, the applicant shall provide deed restrictions which restrict use of this floodplain area, provides maintenance of the floodplain storage capacity and maintains the area in its natural state. 3. Chapter 18.84.040(D) states that the Director shall approve or approve with conditions an application request for sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: (a) The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland. The proposed storm line will be within a wetland area but it is not designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map, nor is it within 25 feet of such a wetland. (b) The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use. The disturbance is the minimum disturbance necessary to accommodate the connection to a existing 60" sanitary sewer line in Fanno Creek. (c) Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated. This project does not propose to change on-site or off-site drainage. (d) Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening. The minimal amount of vegetation loss expected with construction will be re- vegetated. Erosion control measures shall be as conditioned by the approved Division of State Lands permit or site work permits. HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 5 • (e) All other sensitive lands requirements of this chapter have been met. Other sensitive lands requirements have been met as addressed in this report. (t) The provisions of Chapter 18.150, Tree Removal, shall be met. No tree removal has been proposed. (g) Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. Applicable Comprehensive Plan Policies are satisfied as discussed below. Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. The sensitive lands request is consistent with Policy 2.1.1 because notice of the application and the public hearing on this item was provided to owners of property in the vicinity of the site. Policy 3.1.1 provides that the City shall not allow development in areas meeting The definition of wetlands under chapter 18.26 or areas having slopes in excess of 25% except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development. (Note: This policy does not apply to lands designated as significant wetlands on the floodplain and wetlands map.) Policy 3. 1.1 is satisfied because engineering techniques will provide a connection to the existing sanitary sewer in Fanno Creek and the applicable approval criteria for development in wetland areas have been satisfied. Policy 3.2.1 provides that the City will prohibit any development within the 100-year floodplain that would result in any rise in elevation of the 100-year floodplain. Policy 3.2.1 is satisfied because this proposal will not result in any rise in the elevation of the 100-year floodplain. Policy 3.2.2 provides that the City shall prohibit development in the floodway, except if the alteration preserves or enhances the function and maintenance of the zero-foot rise floodway. Policy 3.2.2 is satisfied because this development will preserve the function and maintenance of the zero-foot rise floodway. 4. Section 18.100 (Landscaping and Screening) provides standards for landscaping and screening for between uses of varying intensity. On three sides of the property the portion of the site to be developed is adjoined by areas zoned for industrial use so the buffer setback does not apply to these areas. To the west the site is adjoined by residential areas, however, the Fanno Creek provides a buffer between these areas and the proposed industrial use. The applicant has not proposed to orient service or loading areas towards residential areas to the west of HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 6 s • the site. Also, none of the proposed development is closer than 220 feet to the westerly edge of the parking lot. Because the proposed site improvements do not adjoin the property line no land use screening and buffering is required to screen the new uses from residential areas to the west of the site. Section 18.100.030 requires street trees. Section 18.100.035 requires narrow street trees (under 25 feet tall) to be spaced, no greater than, 20 feet apart. The applicant's plans show sixteen (16) chanticleer flowering pear trees to be spaced twenty (20) feet apart on the center, thereby, meeting the tree requirements. 5. Section 18.120.180.(A)(4)(b) requires screening of storage areas as viewed from all directions regardless of the adjoining land uses. Currently the property owner stores barrels related to the existing use. It is recommended that the applicant provide a plan to screen the storage areas near the existing Jadco Chemical Building. 6. Section 18.102 (Visual Clearance) requires that a visual clearance area be maintained along the intersections of all public and private right-of-ways. No site improvements are proposed at the intersection of the access driveways to the site which would interfere with a motorist's vision entering, or exiting the site. 7. Section 18.106 (Parking). The applicant has indicated that 9,152 square feet is to be developed for warehouse use which requires one space per each 1,000 square feet or portion thereof or 9.15 spaces. The applicant has proposed 5,622 square feet of office space which requires one space for each 200 square feet of gross floor area or 28.11 parking spaces. The applicant also indicates that the existing Jadco Use is developed with 1,000 square feet of office and 7,000 square feet of warehouse space which is based on the same parking ratio requirements, requires a total of 12 parking spaces. Based on these uses a minimum of 50 parking spaces is required. The applicant has provided 53 parking spaces which exceeds the minimum requirements. A total of 31 parking spaces are proposed to be located on areas which is Burlington Northern Railroad right-of-way. A portion of this area is currently used by the Jadco Chemical Building for parking. The applicant shall provide a copy of an agreement with Burlington Northern for the use of the Railroad right-of-way for parking. If the right-of-way area is later needed for railroad use the applicant shall develop an alternative location(s) for the required off-street parking. A maximum of 40% of the required parking spaces can be developed as compact spaces. Because a minimum 50 spaces are required, up to 20 parking spaces can be developed as compact spaces. The applicant has proposed to develop a total of 18 spaces as compact which is less than the maximum allowed for this site. HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 7 s • 8. Section 18.106 (Bicycle Facilities) requires one bicycle parking space for each new classroom. The site plan provides three bicycle racks. Based on the floor plan which was provided, a minimum of 50 parking spaces are required which requires a minimum of three bicycle parking spaces. The site plan, as proposed, meets this requirement. 9. Section 18.108 (Pedestrian Circulation) requires that a pedestrian walkway extend from the ground floor entrances from commercial, industrial and institutional development to the streets which provide pedestrian access and egress. A walkway system has been provided from the proposed building entrances to the SW 74th Avenue frontage. 10. Section 18.108 (Access) requires that a minimum of a 30 foot accessway with a minimum of 24 feet paved shall be provided to serve a development which requires up to 99 parking spaces. A total of five driveways have been proposed some of which are existing. The Conditions of Approval recommend consolidation of these driveways to a maximum of one driveway on each side of the street. The driveways should be aligned to directly oppose each other in order to avoid turning movement conflicts. The Americans with Disabilities Act (ADA). Became effective on January 26, 1992. The act requires two disabled person parking spaces if from 25 to 50 parking spaces are required. The applicant has provided two handicapped parking spaces near the entrance of the proposed building, but none near the entrance of the existing Jadco Chemical Building. It is recommended that, if possible, a minimum of one parking space be relocated near the main entrance of the Jadco Building. It is suggested that the parking space be relocated in such a manner so that handicapped persons using the space are not required to cross a driveway aisle to access the main entrance. 11. Section 18.114 (Signage) states that one freestanding sign up to 70 square feet per face may be permitted in the Planned Industrial Zoning District. Wall signs are limited to fifteen percent of each building elevation. No signs have been proposed as a part of this application. Therefore, sign permits must be obtained prior to the installation of any sign. 12. Section 18.116 (Waste and Recycling Enclosures) provides a range of methods of compliance with trash and recycling enclosure design requirements. The applicant has provided a trash and recycling enclosure which appears to meet the minimum size standards set forth within this section. Due to potential ongoing problems with site servicing, it is recommended that the applicant obtain approval from the site's franchised hauler for the proposed enclosure location and design. The enclosure shall also be provided with a six foot tall solid screen around the enclosure. HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 8 13. Section 18.134 (Variance) provides review criteria for approval of a variance to a development standard. The applicant had requested a variance to the 35 foot front-yard setback of the Planned Industrial Zoning District. Because the property is a corner lot with frontages in excess of 75 feet on each adjoining street, the applicant may determine which frontage is to be the front yard setback area. The applicant has proposed to designate SW Durham Road as the front yard setback. The existing Jadco Building meets the 35 foot setback from SW Durham Road. As a corner sideyard, the applicant is also required to comply with a 20 foot setback from SW 74th Avenue. The new structure is presently proposed to be developed at a dimension of approximately 15 to 22 feet from SW 74th Avenue. The applicant has withdrawn the variance request and agreed to a recommended condition of approval that the site plan be revised to develop the building at a minimum of 20 feet from SW 74th Avenue. 14. Section 18.164 (Streets and Utilities) contains development standards for streets and utilities. a. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. b. Section 18.164.030(E) requires a Minor Collector street to have a minimum 60 feet of right-of-way, a 40 feet minimum roadway width, and 2-3 moving lanes. C. Section 18.164.070(A) requires sidewalks adjoining both sides of a major collector streets. d. Section 18.164.090 requires sanitary sewer service. e. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The Engineering Department has reviewed the street and public utility needs for this site below. Conditions of Approval have been recommended concerning the required street and utility improvements. IV. OTHER STAFF COMMENTS FINDINGS: STREETS: Access to the site is along SW 74th Avenue, a local commercial street requiring 50 feet right-of-way width, 34 feet paved width and five foot wide sidewalks. Portions of the site are fully improved with curb and sidewalk; the remaining portion is improved with curb only. The plans show the sidewalk will be completed. HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 9 The submitted site plan shows that the street has an existing paved width of 26.5 feet. The east side of the street fronts along railroad property and is improved only with ditch and culverts within 20 feet from the centerline right-of-way. This side of the street should be improved with curbs and an inlet at the existing culvert. The railroad parcel provides the applicant with paved parking spaces; construction of additional parking spaces is proposed. The widths of the proposed driveways for this parking exceed the maximum width of 30 feet permitted by City standards. The site plan shows a four foot-wide, painted pedestrian crossing across SW 74th Avenue from the site to the parking area within the railroad property. Since no other traffic control devices are proposed, the crossing should not be permitted. 2. SANITARY SEWER: Service is proposed from an existing 60 inch sanitary interceptor manhole within the floodplain and wetlands along the west of the project area. The connection will require a permit from the Unified Sewerage Agency and is expected to require a water tight inside drop connection. 3. STORM SEWER: The parking area within the railroad property drains to an existing ditch along the side of the street. The site is drained by a private storm drainage system that outfalls to an existing pond that will be used as a treatment facility. The facilities plans shows that the existing pond will be converted to a treatment facility by installing an outlet device. Additional treatment will be provided by an undisturbed corridor upland of an existing wetlands surrounding the pond. The portion of the site below an elevation of 130 feet is inundated by the 100-year flood. Although the floodplain is not shown on the site map, it closely follows the lower edge of the proposed parking lot. V. CIT & AGENCY COMMENTS 1. The Water Department reviewed this application and provided the following comment: (a) The D.D.C. for the fireline may be located inside the building if the device is located on an outside wall. However, since the floor plan shows a fire sprinkler room in the interior of the building, the D.D.C. will need to be located in a vault at the property line (street right-of-way). HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 10 0 0 2. The Police Department reviewed this application and provided the following comments: (a) The parking lot lighting is inadequate as is proposed. Particularly on the west side of the parking lot where there is none. There is a light pole indicated to be placed at a curb line of the parking lot just south of the screened dumpster but will be interfered with as the Douglas Fir tree matures next to the pole. (b) I see no proposed pole lighting for the parking lot across the street on the east side of SW 74th Avenue. (c) There are two wall pack lighting fixtures proposed over the two overhead doors on the south side but no mention as to the proposed wattage. (d) The entire ground floor area of Office Area #1 facing out towards the wetland area of Fanno Creek needs lighting as well. (e) The proposed landscaping looks acceptable. 3. GTE reviewed this application and provided the following comment: (a) The developer to place conduit/conduits to GTE specifications. 4. The Oregon Department of Transportation reviewed this application and provided the following comments: (a) The site is located adjacent to Durham Road (Beaverton - Tualatin Highway) and SW 74th Avenue. The Oregon Transportation Plan 1991, designates this portion of SW Durham Road a district highway which provides for efficient and safe medium speed, and medium to high volume traffic movements on innercity, intracity and intercommunity routes. (b) The proposed development, an industrial office and warehouse facility, has the potential to generate sufficient traffic to negatively impact the functioning of SW Durham Road. Therefore, we are recommending a traffic impact analysis be performed. Specifically, impacts to the intersection of Durham Road and SW 74th Avenue should be analyzed. Trip generation projections for nearby Durham Elementary School, which recently submitted an application for an expansion that would double its student enrollment, should be included in the scenario. The City has not recommended a traffic study due to the limited expected traffic impacts of this development. 5. The South Citizen Involvement Team was notified of the proposed development. No comments or objections to this development were received. In addition, the applicant conducted a neighborhood meeting regarding this request. HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 11 • • No other comments were received by the Planning Division. VI. CONCLUSION AND RECOMMENDATION The Planning Division recommends that the Hearing's Officer find that the Site Development Review and Sensitive Lands requests for this existing site will promote the general welfare of the City and will not be significantly detrimental, nor injurious, to surrounding properties provided that development which occurs after this decision complies with applicable local, state and federal laws. In recognition of the findings staff recommends APPROVAL of Site Development Review (SDR) 95-0014/Sensitive Lands Review (SLR) 95-0010 subject to the conditions which follow: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: Recommendations: 1. The applicant shall submit written authorization from Burlington Northern Railroad to construct the proposed parking on its property. STAFF CONTACT: Greg Berry, Engineering Department. 2. Additional right-of-way shall be dedicated to the Public along the western S.W. 74th Avenue frontage to increase the right-of-way to 25 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department. 3. The applicant shall complete construction of the sidewalk along the entire west frontage of SW 74th Street and install a curb along the leased portion of the east frontage to City standards. STAFF CONTACT: John Hagman, Engineering Department. 4. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings, and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements). STAFF CONTACT: John Hagman, Engineering Department. HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 12 5. The applicant shall pay the Water Quantity fee as established by Unified Sewerage Agency Resolution and Order No. 91-47. STAFF CONTACT: Greg Berry, Engineering Department. 6. The site plan shall be revised to eliminate intended street crossing, revise the width of proposed driveways to the parking on the east side of S.W. 74th Avenue to conform to City standards and show the 100-year floodplain. STAFF CONTACT: Greg Berry, Engineering Department. 7. The applicant shall submit an approved permit from the Unified Sewerage Agency for the connection to the existing sanitary sewer. STAFF CONTACT: Greg Berry, Engineering Department. 8. Detailed construction plans and calculations, prepared by a registered engineer, shall be submitted for the water quality facility in accordance with Unified Sewerage Agency Resolution Order No. 91-47. STAFF CONTACT: Greg Berry, Engineering Department. 9. The applicant shall submit revised site and landscaping plans or obtain approval of the following: STAFF CONTACT: Mark Roberts, Planning Division. a. The applicant shall obtain the necessary, applicable permits from the Division of State Lands and Army Corps of Engineers. b. The site plan is required to be revised to provide a minimum of one (1) additional handicapped accessible parking space. C. The applicant shall obtain approval from the site's franchised hauler for the proposed location. d. The applicant shall enter into an agreement or contract which states that the applicant will grant a 15 foot access easement to the City for the purposes of providing a pedestrian/bicycle pathway. This easement shall be located within the floodplain area. The agreement shall be valid for a period of 12 months while the City undertakes a study to determine the preferred location of the pathway along this section of Fanno Creek. e. The applicant shall submit security lighting plans meeting the specifications of the Police Department. f. The applicant shall provide a plan to screen the storage areas near the existing Jadco Chemical Building. g. The applicant shall provide a copy of an agreement with Burlington Northern for the use of the Railroad right-of-way for parking. If the right-of-way area is later needed for railroad use the applicant shall develop alternative location(s) for the required off-street parking. h. All site improvements shall be installed and maintained pursuant to the approved revised site and landscape plan. HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 13 s • IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE: THIS IS NOT AN EXCLUSIVE LIST 1. SECTION 18.160.170 IMPROVEMENT AGREEMENT A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period, within which, all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid, and may also provide for the construction of the improvements in stages, and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.120.060 BONDING AND ASSURANCES A. On all projects where public improvements are required the Director shall: 1. Require a bond in an amount not grater than 100 percent of other adequate assurances as a condition of approval of the site development plan in order to ensure the completed project is in conformance with the approved plan; and 2. Approve and release such bonds. B. The bond shall be released when the Director finds the completed project conforms to the approved site development plan and all conditions of approval are satisfied. 3. SECTION 18.164 STREET AND UTILITY IMPROVEMENT STANDARDS Section 18.164.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. SITE DEVELOPMENT AND SENSITIVE LANDS REVIEW APPROVALS ARE VALID FOR EIGHTEEN MONTHS FROM THE EFFECTIV OF THIS DECISION. 11/20/95 Prepared By: ark Roberts Date Associ a P`lann r 11/20/95 Approved By: Dick BewersdorfF Date Senior Planner HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 14 0 FINDINGS - ROUGH PROPORTIONALITY The following provides findings for the determination of the rough proportionality of a requirement for a pedestrian easement on sensitive land adjacent to the development of a 13,970 square foot industrial building at 16055 SW 74th Avenue (SDR 95-0014/SLR 95-0010/Duncan Industrial Building). A pedestrian way is shown on the City Comprehensive Plan Park Plan to follow Fanno Creek. Fanno Creek flows through the property to be developed under the above Site Development Review. Providing a pedestrian way will provide the potential linkage of this and adjacent properties to the partially constructed existing pedestrian system along Fanno Creek. The proposed industrial building will generate additional vehicle trips on the City's street system. The added trips will take up capacity on the City street system which must be accommodated by infrastructure improvements. Unmitigated Impact According to the Washington County TIF ordinance, 32 percent of a project's impacts are met by its TIF assessment in Tigard. This leaves 68 percent unmitigated. The actual cost of system improvements per trip generated by new development on the Tigard street system can be determined by the following equation (Larson, Mackenzie Engineering, Dolan Findings, June, 1995): According to the TIF Ordinance a Light Industrial Use has a traffic trip generation factor of 6.97 trips per 1,000 square feet of gross floor area. Because the applicant has proposed to develop 13,970 square feet of light industrial space this new use would be expected to generate 97.37 vehicle trips per day. The industrial per trip TIF assessment is $153.00 according to the Washington County TIF ordinance. Using the above, the unmitigated impact of the Duncan Industrial Property is as follows: Full Impact Less TIF Assessment Unmitigated Impact Value of pedestrian mitigation 97.37 x $465.12 = $ 45,288 97.37 x $153.00 = 14,898 $ 30,390 The value of the mitigation of a pedestrian path can also be determined. In this case, it should be noted that only an easement is being required with the City having to construct the pathway at a later time. According to the LUTRAQ study (The Pedestrian Environment December, 1993), increasing pedestrian trips reduces auto trips. LUTRAQ shows a Pedestrian Environmental Factor (PEF) for the Durham/74th area of four to six. According to LUTRAQ, 94 percent of all trips are by auto in such an area. Increasing pedestrian trips by a pathway would increase the PEF. LUTRAQ also indicates that construction of a pedestrian friendly environment will result in system wide improvements of 10 percent. HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 15 0 0 Conservatively, the reduction of reliance on the auto in the area of this development could range from six to eight percent. This yields a mitigation value as follows: 97.37 trips x.06 x $465.12= $2,717 to 97.37 trips x.08 x $465.12 = $3,623 These figures would reduce the unmitigated impact to $27,673 or $26,766 depending on the use of 6 or 8 percent. Estimated property value The value of the land needed for a 15 foot wide easement for a pedestrian path potentially located on both sides of Fanno Creek is approximately $9,641. This is determined by a maximum need for an approximate 700 foot long trail multiplied by 15 feet in width which equals 10,500 square feet on either side of the creek. According to the City of Tigard Park and Recreation Facilities System Development Charge Study (Draggo, Nov., 1994), the value of an acre of Sensitive Land is $20,000 per acre. The square footage of the easement needed for a pathway is just over one- half acre. The value of just over one-half acre and would therefore have a value of $9,641. Conclusion The unmitigated impact of the 13,970 square foot light industrial building is roughly $27,673 to $26,766 compared to an estimated value of the easement of $9,641 indicates that the unmitigated impact is much greater than the value of the easement. Therefore, the requirement of an easement for a pathway more than meets the rough proportionality test. HEARING'S OFFICER SDR 95-0014/SLR 95-0010 - DUNCAN INDUSTRIAL BUILDING PAGE 16 6 0 i ?.? .?f i o? SW Durham Road ? I l 1 e= TnOr?t I ?, ? ,y.OOC i ? ?b Tq TVO? ' O / ?? ? ? w.r.>rrrm? w r j - b >bi ? Z CL Uj 0 z z z a J a 0 a LL O H U b PLOT PLAN EXHIBIT MAP CASE NO. SDR 95-0014 VAR 95 SLR95--00100009 INDUS1 WJ x I I I I -LL-L) KABLE LN > F- a Z W F- TF1 Z ?0< Q a JQQ`? W SIT C? oc ?F ?Ra z Q QQ `?? a >'Q m V O F- U CASE: SDR95-0014 VICINITY MAP n VAR95-0009 SLR 95-0010 NOTE: MAP IS NOT TO SCALE N Duncan Industrial Building c. mp c aPl 0 • EXHIBIT A { I I? I i I I l i l I l l l l l I I.! I l i!? j '? I I I(? I I I I I • _ i Il Ilil I 11--I IIIIIIIIIIIII I I?! I i I i I i i l i j i t h i l l i I I I I I I I I I! I I I! I I I I I I I I I' l i s t I? l l: l l ___i I I I I i l i l!? j l l l l l I I I I I I I I I I I I I I I IIII IIIIII I ? ?? I!I? III Illlliilll!IIIIIIIII ' I I,_ ? I ' ' I I I 1 I i I I I I I I I i! i ' ? I , I I it II!II IIIIIIIIIII M ITI IIII, -? I I 1! 1. 11 77l • ???"??? I I I I I l l l l l l l l ? I I I •? I l l l l l l l l l l l l i i l l? ? I I ? _, i t I? ? I I i l ? ? ?T?-, i i -- --- L__.__ ??? I•IVl I I l l l i l l 1 1 1 1 1 1 1 i and Construction Services, Inc. 9025 Southwest Center Street P.O. Box 23784 • Tigard, Oregon 97223 (503) 620-2086 • FAX (503) 684-3636 June 27, 1995 City of Tigard Community Development Department 13125 S. W. Hall Blvd. Tigard, Oregon 97223 Re: Office/Warehouse facility John Duncan 16055 S.W. 74th Avenue Tax Lot 800 APPLICANT'S STATEMENT The applicant is proposing to develop a portion of the site just north of the existing Jadco Chemical building. The project consists of a 9,152 square foot one story warehouse/manufacturing facility with 5,622 square foot two story office structures. The proposed project is being constructed as a speculative development and will not be a part'of the existing Jadco Chemical business. The site is bordered by the natural features of Fanno Creek and its flood plain to the west and south, and 74th Avenue to the east. The buildings orientation and site development takes advantage of the unique natural features by orientating the office views to the Fanno Creek area and enhancing the existing bank by reestablishing this border with native plants consistent with the existing vegetation. The site parking and circulation areas have been designed in such a way as not to encroach into the flood plain or disturb any of the adjacent low lands along Fanno Creek. Due to the existing natural constraints not all of the required parking can be located adjacent to the building. Some of the parking has been located on this site with the remaining required parking being located across 74th Avenue in the existing parking lot and with additional new parking being added to the north of the lot. The existing lot now utilized by Jadco will be upgraded with landscape islands and curbing. Both the existing Jadco facility and the new structure will use this parking lot. 7 0 0 City of Tigard Community Development Dept. June 27, 1995 Page 2 To the best of our knowledge the proposed development meets all applicable code requirements. If any further information is required please do not hesitate to call me. Sincerely, C\?Gr/WU4-J 4J, J James D. Andrews, Project manager JDA:mlh 0 0 EXHIBIT ij • . • • Wetland Determination and Delineation for the Duncan Property at S.W. 74th Avenue in Tigard, Oregon Prepared For Jim Andrews Nicoli Engineering and Construction Services, Inc. 9025 S.W. Center Street P.O. Box 23784 Tigard, Oregon 97281 Prepared By Julie Fukuda Dan Cary SRVSHAPIRO, Inc. 1650 N.W. Front Avenue, Suite 302 Portland, Oregon 97209 SRI/SHAPIRO Project #7955130 August 28, 1995 1.0 INTRODUCTION SRI/SHAPIRO, Inc. was contracted by Nicoli Engineering and Construction Services, Inc. to conduct a wetland delineation on an approximately 6.6-acre property on S.W. 74th Avenue in Tigard, Oregon. The study area is limited to the northern 2.0 acres of the property and is located west of S.W. 74th Avenue, east of Fanno Creek, and north of S.W. Durham Road, in Washington County, Oregon (Township 2 South, Range 1 West, Section 12) (Figure 1). The proposed development for the site is a two-story warehouse and office, with associated parking at the northern end of the property. Field work was conducted on August 9, 1995. The property includes an open field, a portion of Fanno Creek and its associated floodplain, and moderately sloping to nearly vertical banks. A pond is located in the southern end of the project area. 2.0 METHODOLOGY AND SOURCE MATERIALS 2.1 The Federal Manual The primary source document used in our investigation was the "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1 (Environmental Laboratory 1987). This manual is currently recognized by both the Oregon Division of State Lands and the U.S. Army Corps of Engineers for the delineation of wetlands within Oregon. The 1987 manual provides technical criteria, field indicators, and recommended procedures to be used in determining whether an area is a jurisdictional wetland. The manual requires three technical criteria in undisturbed situations before areas can be considered wetland under federal or state jurisdiction. These criteria are hydric soils, hydrophytic vegetation, and wetland hydrology. Hydric soils are those that have formed exclusively under wet conditions (soils which characteristically have high water tables, soils which are ponded or are frequently flooded, or soils which are otherwise saturated for extended periods during the growing season). Hydrophytic vegetation consists of those plant species that have adapted to growing in substrates which are periodically deficient of oxygen due to saturated soil conditions. Five basic groups of vegetation are recognized based on their frequency of occurrence in wetlands. These categories, referred to as the "wetland indicator status," are as follows: obligate wetland plants (OBL) are estimated to occur almost exclusively in wetlands ( > 99 %); facultative wetland (FACW) plants are estimated to occur 67-99 % of the time in wetlands; facultative (FAC) plants occur equally in wetlands and non- wetlands (34-66 %); and facultative upland (FACU) plants usually occur in non- wetlands (67-99%). If a species is not assigned to one of the four groups described above it is assumed to be an obligate upland (UPL) plant, which is estimated to occur almost exclusively in non-wetlands (>99%). In addition, plants designated "NI" have not yet received a wetland indicator status, but are probably not obligate upland. i-ocarion or property on S.W. 74th Avenue west of the Burlington FIGURE Northern Railroad tracks in Tigard, Oregon (U.S.G.S. Beaverton and Lake Oswego, Oregon, 7.5-minute quadrangles, 1:24000, 1961, photorevised 1984). SRI/ SHAPIR4 I N C 0 R P 0 R A T E D The 1987 manual defines wetland hydrology as saturation within a major portion of the root zone (usually above 12 inches) typically for at least 12.5 % of the growing season. The wetland hydrology criterion can be met, however, if saturation within the major portion of the root zone is present for only 5 percent of the growing season depending on the wetland status of the plant community. The growing season for any given site or location is determined from U.S. Soil Conservation Service data and information. 2.2 Field Methodology Prior to beginning field work, available information and data was compiled and reviewed. A review of soil series boundaries, the U.S.G.S. topographic quadrangle, and the U.S. Fish and Wildlife Service National Wetland Inventory map was conducted. These efforts were made to develop a preliminary indication of where potential wetland may exist and to facilitate the on-site gathering of data. Observations of soils, vegetation, and hydrology were made using the "Routine Onsite" method of the manual. One-foot diameter soil pits were excavated to a depth of 18 inches in selected locations. The soil profiles were examined for hydric soils and wetland hydrology field indicators. In addition, a visual percent-cover estimate of the dominant species of the plant community for a 30-foot radius area was performed using soil pit locations as a center of reference. Data were recorded in the field and subsequently transferred to standard wetland delineation data sheets (included in the Appendix). Data were collected for representative sampling locations; however, numerous soil pits were excavated between these data points to verify changes in the three parameters. 3.0 PRESENT SITE CHARACTERISTICS 3.1 Topography The study area is an open field, which has been disturbed by the placement of fill in an arm that extends into the floodplain of Fanno Creek in the northwestern comer of the site. The field continues offsite to the north. At the northwestern comer of the site, Fanno Creek bends sharply to the west in an incised channel. It then flows southward, on the western boundary of the study area, with its forested banks becoming moderately to steeply sloping. In the southern portion of the site, a narrow, earthen berm projects southward within the floodplain of Fanno Creek, separating the creek from a pond which lies to the. east of the berm. Elevations within the property boundaries range from approximately 124 feet NGVD at the creek, to 138 feet NGVD at the top of the slopes and the field. , 3.2 Hydrology Hydrologic activity on the site is dominated by Fanno Creek which flows along the western site boundary. The creek flows offsite, and eventually into the Tualatin River, approximately 1.5 miles to the south. An old mill pond is located at the southern end Wetland Determination and Delineation for the Duncan Propem, in Tigard, Oregon Page-2- • • • 0 of the study area. It is separated from Fanno Creek to the west by an earthen berm overgrown with vegetation. Hydrology sources for the pond are precipitation, groundwater, stormwater from a culvert originating along S.W. 74th Avenue, and irregular floodwater from Fanno Creek which enters from a channel offsite to the south. The wetland hydrology criterion was satisfied in the creek and pond areas by direct observation of soils that were saturated at or near the surface. In addition, active oxidized root channels were observed in the upper soil layers. 3.3 Soils Two soil types, Chehalis silty clay loam (mapping unit 9), and Hillsboro loam (mapping unit 21B) have been mapped by the Soil Conservation Service (SCS, 1982) as occurring on the project site (Figure 2). Chehalis silty clay loam may have inclusions of Wapato soils, which are hydric. Chehalis silty clay loam, occasional overflow consists of nearly level, well-drained soils on smooth floodplains. This soil formed in recent alluvium on bottom lands. The surface layer is typically very dark grayish brown (10YR 3/2) and dark brown (10YR 3/3) silty clay loam to a depth of 16 inches. The upper 7 inches of the subsurface soil is dark brown (10YR 3/3) silty clay loam. Runoff is slow, and permeability is moderate to a depth of 34 inches. Chehalis soils are classified as a fine-silry mixed, mesic, Cumultic Haploxeroll. This soil is mapped on the majority of the site. Hillsboro loam, 3 to 7 percent slopes, is a well-drained soil on broad valley terraces. This soil formed in mixed, silty and loamy, old alluvium. The surface layer is 11 inches deep and dark brown (10YR 3/3) loam. The subsoil is dark yellowish brown (10YR 3/4) loam, and dark-brown (10YR 4/3) heavy loam, about 37 inches thick. Permeability is moderately slow. Hillsboro soils are classified as fine-loamy, mixed, mesic, Ultic Argixeroll. This soil is mapped in a narrow band along the southeastern portion of the site. Soils sampled on the site were primarily comprised of silt loam. Some areas in the floodplain of the Fanno Creek have soils composed of silty sand. The area surrounding the pond has soils composed of thick organic muck. Colors ranged from dark grayish brown (10YR 4/2) to very dark grayish brown (10YR 3/2), to black (10YR 2/1), with strong brown mottles (7.5YR 3/3) at the edge of the pond and creek to brown and dark grayish brown (10YR 4/3-3/2) in the upland slope areas of the site. At the edge of the pond, soils have a strong odor of hydrogen sulfide, indicating reduced soil conditions. 3.4 Vegetation The study area is dominated by upland grasses and forbs in the field, with forest and emergent wetland vegetation along the creek and edge of the pond. Wetland Determination and Delineation for the Duncan Property in Tigard, Oregon Page-3- I ,?,SRI / SHAPIRO I N C 0 R P 0 R A T E D aoii mapping units tor the property on S.W. 74th Avenue west of the FIGURE Burlington Northern Railroad tracks in Tigard, Oregon (Soil Conservation Service, Soil Survey of Washington County, Oregon, 1:20000, 1982). Along Fanno Creek and within its floodplain, the dominant tree and shrub species include red alder (Alnus rubra) (FAC), black cottonwood (Populus trichocarpa) (FAC), and Pacific willow (Salix lasiandra) (FACW). Himalayan blackberry (Rubus discolor) (FACU) dominates the woody vine layer. Herbaceous species dominant in this area are redtop (Agrostis alba) (FACW), soft rush (Juncus effusus) (FACW), and reed canarygrass (Phalaris arundinacea) (FACW). At the edge of the pond, Scouler's willow (Salix scouleriana) (FAC) is the dominant tree species. Himalayan blackberry is the dominant woody vine. Dominant herbaceous species include western touch-me-not (Impatiens noli-tangere) (FACW), and reed canarygrass. Other species present are climbing nightshade (Solanum dulcimara) (FAC), and American speedwell (Veronica americana) (OBL). The slopes of Fanno Creek are dominated by red alder, bigleaf maple (Acer macrophyllum) (FACU), and snowberry (Symphoricarpos albus) (FACU) in the tree and shrub layer. Himalayan blackberry is the dominant woody vine. Common species in the herbaceous layer include English plantain (Plantago lanceolata) (FAC), reed canarygrass, tall fescue (Festuca arundinacea) (FAC), common velvet grass (Holcus lanatus) (FAC), and perennial ryegrass (Lolium perenne) (FACU). The field upslope and east of the creek is vegetated with Himalayan blackberry and weedy herbaceous species such as perennial ryegrass, red clover (Trifolium pratense) (FACU), chicory (Cicorium intybus) (UPL), Canada thistle (Cirsium arvense) (FACU), Queen Anne's lace (Daucus carota) (UPL), and cat's ear (Hypochaeris radicata) (UPL) . 4.0 DISCUSSION AND CONCLUSIONS The U.S. Fish and Wildlife Service, as part of the National Wetland Inventory (NWI) program, has mapped Fanno Creek as a palustrine, forested, broad-leaved/deciduous, saturated/semipermanent/seasonal (PF01Y) body of water (USFWS, 1981) (Figure 3). This mapping is mostly consistent with SRI/SHAPIRO's field investigation along the creek. However, the old mill pond in the southern end of the study area is not included in the NWI mapping and is more emergent in character. Our investigation of hydric soils, wetland hydrology, and hydrophytic vegetation has determined that potentially jurisdictional wetland within the project site is located along Fanno Creek and its floodplain, and adjacent to the pond at the southern boundary of the study area (Figure 4). At the northwestern end of the study area, Fanno Creek flows in an incised bank. In this portion of the site, the potentially jurisdictional wetlands are limited to a narrow fringe along the creek. It should be noted that wetland boundaries determined by SRI/SHAPIRO do not become jurisdictional until the U.S. Army Corps of Engineers and the Oregon Division of State Lands review and approve our work. Wetland Determination and Delineation for the Duncan Propem_, in Tigard. Oregon Page-4- P01NKi6 J, E. 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IPe" 1Yd U 1 217, A- PFOIN 7955130 8/28/95 National Wetlands Inventory designations for the property on S.W. 74th FIGURE Avenue west of the Burlington Northern Railroad tracks in Tigard, Oregon (U.S. Fish & Wildlife Service Beaverton and Lake Oswego, 3 Oregon, 7.5-minute quadrangles, 1:24000, based on 1981 color infrared aerial photography). %9?S R I / S HAP IR O I N C 0 R P 0 R A T E D 1 I 1 1 WETLAND BOUNDARY ?esv? 1 Nicoli \7', ample site letland area i and Construction Services, Inc., 1995 U= I L-AMNiJ / BOUNDARY / APPROX. EDGE Of= POND I UPLAND AREA N 1v 1 I i < 1 c ? co 1 ? / ? tl i 1 I I 1 1 1 1 1 t 1 1 I I I I I I I I I $ 1 ? I I 7955130 Sample sites and potentially jurisdictional wetland areas identified for the FIGURE 0 75 150 property on S.W. 74th Avenue west of the Burlington Northern Railroad /I tracks in Tigard, Oregon. `t FEET NORTH SRI / SHAPIRO • • • I H C 0 R P 0 R A .T 9 D