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Hearings Officer Packet - 06/14/1984 - Koll Co -0-- 1640 HEA1'ING OFFCER DECISION W84 Koll Company SL 5-84 %':-• • •• • • . BEFORE THE HEARINGS OFFICER FOR THE CITY OF TIGARD IN THS, MATTER OF THE APPLICATION ) No. FOR A SENSITIVE LANDS PERMIT TO ) ALTER THE TOPOGRAPHY WITHIN THE ) SL 5-84 100-YR. FLOODPLAIN; The Koll Company, Applicant. ) The above-entitled matter came before the Hearings Officer at the regularly scheduled meeting of June 14 , 1984 , at the Durham Waste Treatment Plant., Tigard, Oregon, at which time testimony, evidence, and the Planning Department' s 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 TT IS HEREBY ORDERED SL 5-84 is approved subject to the following conditions : 1 . Seven (7) sets of plan-profile public impro 'ement construc- tion plans and one (1) itemized construction cost estimate , stamped by a registered civil engineer, detailing all proposed public improve- ments 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 improvement plans (the Division will require posting of 100% performance bond) , the payment of a permit fee and a sign Page 1 - SL 5-34 • installation/streetlight deposit. Also, the execution of a street opening permit or construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. 3. 3 'Uition, the applicant shall submit an engineering plan showing flood flow and flood storage, which meets the require- ments of the City of Tigard engineer. 4. 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. 5. A joint application to the Division of State Lands and the US 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. DATED this 29th day of June, 1984 . HEARIN-GS OFFICER A PROVED _. // /l_ i / ss //e: :ETH MA • j -- THE DECISION SHALL BE FINAL ON _ July 13, 1984 UNLESS AN APPEAL IS FILED. Any party to the decision may appeal This decision in accordance with 18.32.290(A, and Section 18.32.310 which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is July 13, 1984, 4:30 P.M. • Page 2 - SL 5-84 STAFF REPORT AGENDA ITEM 5.2 THURSDAY, JUNE 14, 1984 - 7:00 P.M. TIGARD HEARINGS OFFICER DURHAM WASTE TREATMENT PLANT CORNER OF SW HALL AND DURHAM TIGARD, OREGON 97223 A. FINDING OF FACT 1. General Information CASE: Sensitive Lands Permit SL 5-84 REQUEST: 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 III of Koll Business Park. COMPREHENSIVE PLAN DESIGNATION: I-L (Industrial Light) ZONING DESIGNATION: I-P (Industrial Park) APPLICANT: The Koll Company OWNER: Same 8605 SW Creekside Place • Beaverton, Oregon 97005 LOCATION: On SW Nimbus Avenue, Tigard (Wash. Co. Tax Map IS1 34AA, Tax Lot 1800 and 1900; and Tax Map 1S1 34AD, Tax Lot 6200). 2. Background A zone change to an Industrial Park (M-4) designation was approved in 1979 (ZC 26-78). Site Development Review approval (SUR 8-80) was granted in 1980 to construct eleven buildings in the M-4 zone. This first phase as been completed. 3. Vicinity Information Fanno Creek runs along the west side of the property and single family residential development primarily zoned R-4.5 (Residential, 4.5 units/acre) lies on the other side of the Creek. Scholls Ferry Road and the City of Beaverton are to the north, the Southern Pacific Railroad is east, and additional land zoned I-P is south on the east side of Fanno Creek. STAFF REPORT - SL 5-84 - PAGE 1 • 4. Site Information and Proposal Description The applicant proposes to raise the grade of a portion of Nimbus Avenue to prevent seasonal flooding c the street. An additional phase is proposed to the south of the existing development. A driveway extending south from the Nimbus Avenue cul-de-sac will provide access to this segment of the project. The proposed driveway will primarily be within the 100 year floodplain and permission to excavate and fill will be necessary to achieve the alignment shown on the site plan. Also, grading is proposed for the parking area for the building to be located at the corner of Scholls Ferry and Nimbus Avenue. A Site Development Review for the entire project will be conducted following a decision on this application. 5. Agency and NPO Comments The Engineering Division has the following comments: 1. Raising a portion of Nimbus Avenue will require removal of existing pavement and con rete. Public improvement plans showing the new location of all utility lines shall be submitted for approval. 2. The proposed grading in conjunction with the building to be located at the corner of Scholls Ferry Road and Nimbus Avenue and the southern driveway extension represent intrusions into the greenway/tloodplain but it is outside of the zero-foot rise tloodway. The City has no mitigation standards for alternate uses of the greenway. 3. The Division would prefer excavation that would improve storm water flow rather than water storage. 4. The applicant indicates that the existing bicycle/pedestrian path will be extended outside of the annual flood area, but the plans do not show its location. 5. Approval should be conditioned to required dedication of all lands within the 100 year floodplain after construction. The Buildirg Inspection Office and State Highway Division have no objection to the proposal. B. ANALYSIS AND CONCLUSION ii Section 18.84.040 of the Code requires that the following criteria be met in order to approve a Sensitive Lands Perini'_: a. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-toot rise floodway shall not result in any narrowing of the floodway boundary. STAFF REPORT - SL 5-84 - PAGE 2 b. The land form alteration or development within the 100-year floodplain shall be allowed on in an area designated as commercial or industrial on the Comprehensive Plan Land Use Map; c. The land form alteration or development is not located within the floodway; d. The land form alteration or development will not result in any increase in the elevation of the zero-foot rise floodway; e. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bi.cycle pathway plan; f. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. The Enf,ineering Division indicates that the general concept for earthmoving within the floodplain is consistent with the criteria above. However, additional plans and calculations should be reviewed and approved by the Division prior to the excavation work. The plans should be modified as suggested to acommodate flood flows rather than water storage. The proposed excavation and filling will raise land elevations along several portions of the floodway/greenway fringe but this will be offset by other excavations within the floodplain. Review of the final plans by the Engineering Division should insure that this request will not adversely effect the floodplain. The revised plans should also include the location and design of the bicycle/pedestrian path extension for Planning and Engineering approval. C. RECOMMENDATION The Planning staff recommends approval of Sensitive Lands Permit SL 5-84 subject to the following conditions: 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 he 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 improvement plans (the Division will require posting of a 100% performance bond) , the payment of a permit fee and a sign installation/streetlight deposit. Also, the execution of a street opening permit or construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement plans. 1 STAFF REPORT - SL 5-84 - PAGE 3 3. The applicant shall submit an engineering plan for excavation and filling to the City Engineer for approval prior to the issuance of any permits. Said plans shall be modified to show the location and design of the bicycle/pedestrian path extension and grading shall be performed to accommodate flood flows as much as practical. 4. 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. 5. A joint application to the Division of State Lands and the US Army Corps of Engineers shall be approved. 6. Thi^ approval shall be void for a period of one year from the final approval date. ��� d PROVED BY: William A. Monahan / PREP REU BY: Keith Li en Associate Planner Director of Planning -- Development (dmj 0472P)) STAFF REPORT - SL 5-84 - PAGE 4