Hearings Officer Packet - 08/12/1982 - Losli •
r
ti
I
IV
MI 1111111111111111111111•1111111111111111,111111111111111=ES
.J640 HEARING OFFICER DECISION _
8/82 Lo91i, Donald & E. Howard
M 4-81
i
•
F.
•
H
•
r
0
BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE M tT'I A OF THE APPLICATION FOR )
No.
A SENSITIVE LANiS PERMIT FOR CONSTRUC- )
TION WITHIN THE FLOODPLAIN IN AN M-3, ) M 4-R1
LIGHT INDUSTRIAL ZONE; Donald A. and )
)
E. Howard Losli, Applicants. •
The above-entitled matter came before the Hearings Officer
at the regularly scheduled meeting of August 12, 1982, at which time
testimony, evidence and the plinning department staff report were
received; and
The Hearings Officer adopts the findings and conclusions
contained within the staff report, a copy of which is attached
hereto and incorporated by reference herein and marked "Exhibit
A" ; therefore
IT IS HEREBY ORDERED:
M 4-81 is approved subject to the following conditions :
1 . A detailed landscape and irrigation plan shall be
submitted with the preliminary development plan.
2. The applicant shall propose ar engineering plan to the
Engineering Division of the City to fill to 152 feet. The plan
shall propcn specific excavation to offset fill and shall be
approved by the Engineering Division prior to the issuance of any
permits.
3. A soils investigation by an approved soils ennineer
j
. it '
M 4-81
Page 2
of the area to be filled shall be made before and after the filling
•
and excavation occurs.
4. The material used for stream bank protection shall be
'
/ as required on the attached plan from the City of Tigard Drainage
'/ Plan (Figure #6. 1)
5. All unused lands remaining in the 100 year floodplain
shall be dedicated to the public prior to the issuance of any
permits . The dedication document shall be recorded with Washington
County after it is approved by the City.
6. A drainage plan shall be filed with the Preliminary
Development Plan. .
.
DATED this 31st day of August , 1982.
If,
HEAP1AGS OFFICER
J
APFRQ�dGD:
'
,•//"."--------y' _____5 -:, . - 7 ' '' .4(: ./' BETH BLOUNT
G
1
•
•
Ui ' IVA
WASHINGTON COUNTY,OREGON
NOTICE OF FINAL DECISION
1 . The final decision was filed by: Hearings Officer
Concerning M 4-81 on August 31, 1982
Case Number Date
2. Name of Owner: Donald A. & E. Howard Losli__
3. Name of Applicant: Same as above
Address 8015 S.W. Hunziker Road City Tigard__ State Oregon
4. Location of Property:
Address 8015 S.W. Hunziker Road
Legal Description 2S1 1BD lot 300
5. Nature of Application: Sensitive lands permit to include channel improvements
and cut and fill within the floodplain for future development of a building,
landscapin and open spaces.
6. Action: Approval as requested
L.2( I Approval with conditions
I Denial
7. Notice: *Notice was published in the newspaper & was mailed to:
X The applicant & owners
Owners of record within the required distance
Fri
Lid I The affected Neighborhood Planning Organization
' E 1 Affected goAernmental agencies
*If there are questions regarding the names of the persons or agencies who
received notice, this information is available at the Planning Department.
8. Final Decision:
The adopted findings of fact, decision, and statement of condition can be
obtained from the Planning Director, City of Tigard, City Hall, 12755 SW
Ash, P.O. Box 23397, Tigard, Oregon 97223.
In the case of a decision on an application for a variance, the applicant
must acknowledge this form and return it to the City of Tigard, Planning
Director, before any building permits will be issued or engineering approval
given.
Signature of Applicant or Applicant's Agent Date
-over-
9. Appeal: An appeal has been filed ` 41 has not bean riled.
Note: Any party to the decision may appeal this decision. MUmmer
10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639-4171.
•
ir
rpt•' •, .i ^ ue .. +' �
�' . • - - 9
E ,kf P1
STAFF REPORT
AGENDA ITEM 2.1
CITY OF TIGARD HEARINGS OFFICER
AUGUST 12, 1982 - 7:00 P.M.
DURHAM WASTE TREATMENT PLANT - CONFERENCE ROOM
Corner of S.W. Durham & S.W. Hall, Tigard, Oregon
A. FACTS
1. GENERAL INFORMATION
CASE: M 4-81 Sensitive Lands Permit
REQUEST: For a Sensitive lands permit to include channel improvements,
and cut and fill within the floodplain for future development
of a building, landscaping and open space.
RECOMMENDATION: Based on staff analysis of the technical information
supplied by the applicant and site inspection, staff
recommends that the Hearings Officer approve
the Sensitive Lands Permit with the conditions listed
on page 4 of the staff report.
APPLICANT: Donald A. & E. Howard Losli OWNER: Same
8015 S.W. Hunziker Road
Tigard, Oregon 97223
LOCATION: 8015 S.W. Hunziker Road (Wash Co. Tax Map 2S1 IBD lot 300)
NPO # 5
LOT AREA: 5.3 acres
PRESENT ZONE DESIGNATION: M-3 Light Industrial
NPO COMMENT: No comments from NPCP " 5 had been received at the writing
of this report.
PUBLIC NOTICES MAILED: 13 notices were mailer'. on August. 2, 1982. No
comments ha:) been received at the writing of this
report.
2. BACKGROUND
On September 8, 19''1, the Tigard P un: ing Commission tabled the applicant's
request for a Prel: unary Plat Revizn d Sensitive Lands Permit until such
time as staff could make a rerAimmecidut for approval or denial based on
full consideration of mrlerial submitted by the aptlicant. At tnis time,
the applicant is regUest:ing that only the Sc. sitive Lands Permit be
considered.
1 1. VICINITY INFORMATION
The property to the west i,+ zoned and developed for light industrial.
The area across Hunziker Road to the south is •ci ) zoned 4:nd developed 4s
light industrial..
STAFF REPORT
AGENDA ITEM 2.1 - '.•t 4-81
Page 2
The rroperty across Red Rock Creek tc the east is developed as light
industrial..
'To the north of the subject rite lies the Par% 217 Industr.ial;Commerei'1
Development and Highway 217. f,
4 . SITE CHARACTERISTIC'S
The property is approximately one third developed as light industrial,
There is a large building on the southern end of the lot aur.r.ound'.d by
paved parking and maneuveriTtg areas. The land elopes to the nor,:h and
the unbuilt portion is grass covered.
B. APPLICABLE LAND USE POLICP S AND STAFF ANALYSIS
1. LCDC GOALS AND GUIDr:.INES
a. Citizen Involvement - The intent of this coal is to .nsure the
opportunity for c:itizeno to be involved in. all p}lases of the planning
process. Owners of records within 250 feet of the ite were notified
by mail en August 2, 1982. In addition, a lec-,al noz.ice was published
in the Tigard Times on July 29, 1982.
b. Land Use Planning - All applicable LCDC goals and guidelines, NPO II 5
policies and Tigard Municipal Code sections have been considered in
review of this application.
c. Open Spacea, Scenic and Historic Areas and Natural Resources - The
intent of this goal is to protect land which may have a value as open
race, historic or natural resource areas. There are twelve resources
to be considered in review of this goal. The resources applicable to
the applicant's proposal are as follows:
1. Land needed or desirable for open space; a portion of this site is
designated Greenway on the City's adopted Parks and Open Space Plan.
The applicant is proposing a flood retention area in the north
portion of the property adjacent to the Park 217 Open Space Development.
2. Water areas, wetlands, water sheds and groundwater reseur,cs. A
portion of the property lies within the 100 year floodplain of Red
Rock Creek. The applicant is proposing to cut a storm water retention
to mitigate the proposed fill which will allow for construction of
the new building. Section 18.57.070 of the Tigard Municipal Code
addresses standards for reviewing proposals to cut and fill within
the floodplain.
d. Areas Subject to Natural Disasters and Hazards • In the case of this site,
flooding is a concern. The excavation and fill proposed by the applicant
will be done to meet the requirements of the City under Section 18.57.070
of the Tigard Municipal Code. This code section prohibits any fill or
excavation which would reduce the capacity pf the floodplain area or raise
flood surface elevations or adversely affect flow direction on upstream or
downstream properties.
1111111
STAFF REPORT
AGENDA ITEM 2.1 - M 4-81
PAGE 3
e. Economy - The purpose of this goal is to improve and encourage
diversification of the state's economy. Economic growth and expansion
of existing businesses should be encouraged by the City. However, the
benefits of encouraging business expansion in this case need to be
weighed against: the effect of the applicants proposal on the floodplain
and flood control measures.
f. Public Facilities and Services - The intent of this goal is to insure
the availability of public services to developing areas. Sewer, water
and storm drainage are available to service the site . Specific
locations will be addressed in the preliminary and general plan review.
2. APPLICABLE NPO # 5 POLICIES
POLICY 22.. The industrial portion of the NPO is seen as an economic asset
to Tigard, communl.ty and land use decisions which affect this area must be
judged according to their economic implication.
3. A'PLICABLE POLICIES FROM ENVIRONMENTAL DESIGN AND OPEN SPACE PLAN
Policy 1„ Designate areas of physical limitation (poorly drained, seasonally
flooded, ground instability) and incorporate these designations in the
City Zoning Ordinance and Map, and develop graduated development restrictions
according to the distinct characteristics of the constraints and anticipated
limitations.
A portion of the site is designated greenway/floodple.in and is subject to
requirements under Chapter 18.57 of the Tigard Zoning Code.
rulicy 5. The City shall. adopt an ordinance to regulate the removal and/or
replacement of existing natural vegetation in designated. areas, e.g. flood--
plains, drainageways, areas of high visibility, unique habitats, or rare
species. Significant trees or stands of Number shall be protected.
Chapter 18.57 of the Tigard Municipal Code regulate::, activity within the
floodplain.
4 . APPLICABLE POLICIES FROM THE TIGARD MUNICIPAL CODE
Chapter 18.57 Sensitive Lands
a. 18.57.010 Statement : Intent - The floodplain district has for its
purpose the preservation of natural water stor ige areas within the
floodplain district by discouraging 3n prol biting incompatible uses..
h. 18.57.040 Uses and Activities allowed with a Special Use Permit.
(2)(B) Any change in the topography or terrain which would change the
flow of waters during flooding periods, or which would increase the
flood hazard or alter the direction or velocity of floodwater flow.
• The fill and excavation proposed by the applicant will alter the
topography of the site.
STAFF REPJRT
AGENDA ITEM 2.1 - M 4-31
PAGE A
I c.
18.57.060 Special Use Permits - The applicant has provided the staff
and commission adequate information to make a decision on the proposal.
I d. 18.57.070 Standards - (a) application for a special use permit in
, , Floodplain areas shall be granted or denied in accordance with the
2 following standards:
i' (1) No structure, fill, excavation, storage or other use shall be
permitted which alone or in combination with existing or proposed uses
would reduce the capacity of the floodplain area or raise either the
I flood surface elevation or flow rates, or adversely affect flow direction
on upstream or downsteam properties, or create a present or forseeable
1 hazard to public health, safety and general welfare.
ii
In the attached narrative (Exhibit "A") , the applicant specifically addresses the
standards required for action on a Sensitive Lands Permit to fill and excavate
within the 100 yea•. floodplain. Under item B., the applicant states that the
(I proposal will improve the channel efficiency and that the flow directio.i will remain
unchanged by the proposal.. It is staff's opinion that by reducing the wetted
perimeter, the channel efficiency will be improved and that no adverse flow direction
i will occur.
I '
it Under item. C. in the narrative, the applicant states hat the change in velocity
after construction will be less than 0.20 ft./sec. Under Item D. , the applicant
1i suggests a velocity cif 2 - 3 ft/sec. . Staff would like the applicant to elaborate
' further on the proposed change in velocity.
Under Item D. , Erosion Control, the applicant addressed erosion control of native
soil. The Public Works Director has indicated that the soil will not be native
and for that reason , rip rap for stream protection purposes shall be required for
the length of the contact area between the fill and floodplain.
5. APPLICABLE OREGON REVIS3D STATUTF,S SECTLONS
I Staff has attached applicable ORS sections to this report (Attachment "B")
C. STAFF ANALYSIS
After review of the technical. data .submitted by the applicant, it is the opinion
of staff that the proposed cut and f .11 does not violate the intent or purpose
of the floodplain district. The applicaritb proposal will not reduce the
capacity of the floodplain area, raise the flood surface elevations or flow
rates, adversely affect flow direct:i.en or create a hazard to public welfare.
Staff recommends approval of the Sensitive Lands Permit to fill and excavate
as proposed with conditions as follows:
1. A detailed landscape and irrigation plan shall be submitted with the
preliminsty development plan.
2. The ap;alir.ant shall propose et►g .ueering plan to the Engineering Division
to fill to 152' . The plan shall propose specific excavation to offset fill
and shall be approved by the Engineering Division prior to the issuance of
any pnrmitn .
4
..ai iiL - '
•
/1/
, ,,i
STAFF REPORT
AGENDA ITEM 2.1 - M 4-81
PAGE 5
3. A soils investigation by an approved soils engineer of the area to be
filled shall be made before and after the filling and excavation occurs.
4. The material used for stream bank protection shall be as required on
attached plan from the City of Tigard Drainage Plan. (figure 416.1)
5. All lands remaining in the 100 year floodplain shall be dedicated to the
public prior to the issuance of any permits. The dedication document
shall be recorded with Washington County after it is approved by the City.
6. A drainage plan shall be filed with the Preliminary Development Plan.
1
( Ph
( h 72Vee4 r U
FREP ED BY: liz, bL. h A. Newt n APPROVED BY: William A. Monahan (I TE) bi
Associate Planner Planning Director l
I J ''
': e
./
I?,,
'iii
)iii
tn
In
0
LIMINIMMOMINNIMINIIIMINMENIMMWM1MINIMMINIMINIMMINIMINIMAIMINIa