Resolution No. 84-61 CITY OF TIGARD, OREGON
RESOLUTION NO. 84-61
A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR A SENSITIVE LANDS PERMIT TO
ALTER THE TOPOGRAPHY WITHIN THE 100-YEAR FLOODPLAIN REQUESTED BY THE KOLL
COMPANY, FILE NO. SL 5-84, APPROVING THE APPLICATION REQUEST, ENTERING
FINDINGS AND CONCLUSIONS.
The Tigard City Council heard the above application at its special meeting of
August 20, 1984. The applicant appeared and was represented by Attorney Terry
Hauck. Appearing for the opposition was NPO # 7.
The Council finds the following FACTS in this matter.
1. The applicant for this matter, the Koll Company, requested a
sensitive lands permit to alter the topography within the 100 year
floodplain to allow for reconstruction of an existing street and to
provide additional land for the development of Phases II and !II of
Koll Business Park. The property has an I-L (Industrial Light)
Comprehensive Plan designation and is zoned I-P (Industrial Park) and
is located on SW Nimbus Avenue, Tigard (Washington Cou^ty Tax Map IS1
34AA, Tax Lots 1800 and 1900; and Tax Map 1S1 34AD, Tax Lot 6200).
2. The Council had before it the record of the proceeding before the
Tigard Hearings Officer on June 14, 1984. The Hearings Officer
approved the request on June 29, 1984. The matter was brought
before the City Council under section 18.32.090 D of the Tigard
Community Development Code.
3. The approval criteria which apply are the State-wide Planning Goals
1, 2, and 5 and local criterial found in section 18.84.040 of the
Community Development Code. In addition, the City of Tigard
Comprehensive Plan Policies 2.1.1, 3.2.1, 3.2.2, and 3.2.3.
Based on the record in the case, the Council makes the following FINDINGS in
this matter:
1. The general concept for earthmoving within the floodplain is
consistent with the criteria contained in Section 18.84.040, however,
additional plans and calculations should be reviewed and approved by
the City Engineering Division prior to excavation work. The plans
should be modified to accommodate flood flows.
2. The proposed excavation and filling will raise land elevations along
several
portions of the floodGay/greenway frim but this will be
offsetby other excavations within the floodplain. Review of the
final plan by the Engineering Division should insure that this
request will not adversely affect the floodplain.
RESOLUION NO. 84-
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3. A revised plan including the location, and design of the
bicycle/pedestrian path extension for Planning and Engineering
approval is required.
4. Condition # 4 adopted by the Hearings Officer requiring that all
unused lands remaining iz the 100 year floodplain be dedicated to the
public prior to the issuance of any permits. The condition requires
that the dedication document be recorded with Washington County
following approval by the City.
5. The applicant appealed condition # 4 and provided arguments to the
City Council that condition # 4 cannot be met since The Koll Company
Is not the owner of the land in question, but a lessee.
The City Council adopts the following Conclusions of Law:
1. Based on Finding 1, 2, and 3 the Council has concluded that when
th-,se conditions are met, the applicant's proposal will be consistent
with criteria contained in Section 18.84.040 of the Community
Development Code.
2. Based on testimony given by the applicant, the Council determined
that condition # 4 is not appropriate and should be replaced by a
condition requiring that the applicant execute a sublease naming the
City of Tigard as sub-lessee of that land remaining undeveloped in
the 100 year floodplain.
{
The Council, therefore, ORDERS that the above referenced request be, and the
same hereby is, APPROVED with conditions set forth below:
1. Seven (7) sets of plan profile public improvement construction plans
and one (1) itemized construction cost estimate, stamped by a
registered civil engineer, detailing all proposed public improvements
shall be submitted to the City's Engineering Division for review.
2. Construction of proposed public improvements shall not commence until
after the Engineering Division has issued approved public
improvements plans (the Division will require posting of a 100%
performance bond), the payment ofp permit fee and a sign
installation/streetlight deposit. Alsothe execution of a street
opening permit or construction compliance agreement shall occur prior
to, or concurrently with the issuance of approved public improvement 9
plans.
3. In addition, the applicant shall submit an engineering plan showing
flood flow and flood storage, which meets the requirements of the
City of Tigard engineer.
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RESOLDION NO. 84-
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4. All unused lands remaining in the 100 year floodplain shall be
dedicated by leasehold interest to the City of Tigard. The leasehold
agreement shall be recorded with Washington County after it is
approved by the City.
5. A ,joint application to the Division of State Lands and the IIS Army
Corps of Engineers shall be approved if required.
6. This approval shall be valid for a period of one year from the final
approval date.
The Council FURTHER ORDERS that the Planning Director and the City Recorder
send a copy of the Final Order as a Notice of Final Decision to the parties in
this case,
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
PASSED: This day of 1984.
yor'- City of Tigard
ATTEST:
Deputy City Recorder y of Tigard
(WAN:dmj/0597P)
RESOLUION NO. 84-
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