Hearings Officer Packet - 11/14/1985 - Koeber & Nelson ,/
ND
1640 HEARING OFFICER DECISION
• 12/85 Koeber & Nelson
SL 9-8F.)
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1 BEFORE THE HEARINGS OFFICER
2 FOR THE CITY OF TIGARD
3 IN THL .BATTER OF THE APPLICATION )
FOR A SENSITIVE LANDS PERMIT TO )
4 ALLOW FOR THE PLACEMENT OF FILL ) No.
AND OVERFLOW CHANNEL IMPROVEMENTS )
5 WITHIN THE 100-YEAR FLOOD PLAIN; ) SL 9-85
Mr. and Mrs. George Koeber and
6 Mr. and Mrs. Gale Nelson,
applicants.
7
8 The above-entitled matter before the Hearings Officer at
9 the regularly scheduled meeting of November 14 , 1985 , at the Durham
10 Waste Treatment Plant, in Tigard, Oregon; and
11 The applicant requests a sensitive lands permit to allow
12 for the placement of fill and overflow channel improvements within
13 the 100-year flood plain of Ball Creek on property zoned I-P
14 (Industrial Park) , and located at 14864 SW 74th Avenue, property
15 more specifically described as Tax Lot 900 and 1200, 2S1 12AC, City
16 of Tigard, County of Washington, State of Oregon; and.
17 The Hearings Officer conducted a public hearing on November
18 14 , 1985, at which time testimony, evidence and the Planning Department
19 Staff Report were received; and
20 The Hearings Officer adopts the findings of fact raid
21 conclusions contained in the Staff Report, a copy of which is attached
22 hereto, marked "Exhibit A" and incorporated by reference herein;
23 NOW THEREFORf1: IT TS HEREBY ORDERED that SL 9 -85 be and
24 hereby is approved subject to the following conditions :
26 1. Construction of the proposed channel and site
26 earthmoving shall not commence until after the Engineering Division
Page 1 — SL 9-85
SCRCVGIN&MASON
AIt miy.al law
8106 S W.Holl Blvd.,Sv1rs 310
Bsaysr$on,Oi gon 97005
Islsphons 15031 611.7990
e
•
1 has issued approved public improvement plans. The Division will require
2 posting of a 100% Performance Bond and the payment of a permit fee.
3 Also, the execution of a street or construction compliance agreement
4 shall occur prior to, or concurrently with the issuance of approved
5 public improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE
6 SPECIFIC INFORMATION REGARDING FEE SCHEDULES , BONDING, AND AGREEMENTS.
7 2. Right-of-way for construction of the proposed overflow
8 channel shall be secured prior to issuance of any building permits
9 and prior to any site earthwork activity.
10 3. No work shall occur within the flood plain from October
11 1st through April 30th unless approved by the City Engineer.
12 4. Prior to any channel work occurring, U.S.A. shall review
13 and approve the improvement plans.
14 5. Dedication of all land below the 100-year flood plain
15 elevation of 135 feet to the public for greenway purposes is required
16 and shall be executed on City forms.
17 6. A hydrologic study shall be prepared by a registered
18 engineer, including cross-sections and an analysis of the backwater
19 curve at low and high flows. This report shall be submitted to the
20 Engineering Division for review and approval prior to issuance of
21 any permits.
22 7. A geotechnical report by a soils engineer relative to
23 the proposed filling on the site, for development thereof , shall be
24 submitted to the City for review prior to issuance of any permit.
25 8. The area shown on the site grading plan (Cooper
26 Consultants, Inc. , 8/16/85) as "desired buffer area" shall be
Page 2 - SL 9-85
SCR0001N&MASON
Anomsy,a1 low
8196 S.W.Hall Slyd.SuH1.310
Beaverton,Oregon 97005
Telephone 15031 611 7990
>mp
1 maintained in its natural state. A tree cutting permit must be
2 obtained from the City prior to cutting any trees over 6 inches in
3 diameter which are within this area.
4 9. The necessary permits shall be obtained from the Division
5 of State Lands and the U.S. Army Corps of Engineers prior to the
6 issuance of any permits.
7 10. This approval is valid if exercised within one year
8 of the final decision date noted below,
9 DATED,this December, 1985.
10 HEARIN ; OFFICER
11 APP 'OVED:,/ /
12
13 " Arm.
:ETH O
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Page 3 - SL 9-85 •
SCROGGIN&MASON
Attoms at tits
310
B196 S.
Orogen 9700S
telephone IS03)641 7990
STAFF REPORT AGENDA ITEM 2. 1
November 14, 1985 - 7:00 P.M.
DURHAM TREATMENT PLANT
CORNER OF HALL & DURHAM
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE: Sensitive Lands Permit (SL 9-85)
REQUEST: To allow for the placement of fill and overflow channel
improvements within the 100-year flood plain.
COMPREHENSIVE PLAN DESIGNATION: Light Industrial
ZONING DESIGNATION: I-P (Industrial Park)
APPLICANT: Mr. & Mrs. George Koeber OWNER: same
Mr. r, Mrs. Gale Nelson
6700 6tk ;.11th Ave.
Beaverton, OR 97005
LOCATION: 14865 SW 74th Ave. (WCTM 2S1 12AC, T.L. 900 and 1200)
2. Background
No other land use proposals have been reviewed by the City regarding
this property .
3. Vicinity Information
The properties to the north and south are also zoned I-P.
Seventy-fourth Avenue and the Burlington Northern Railroad tracks lie to
the east and residentially zoned parcels (R-7 and R-12) arG directly
Ywest.
4. Site Information
The property is presently undeveloped and predominantly wooded. Fanny,
Creak meanders in and out of the parcel near the western property line
and Ball Creek crosses the northern half of the parcel from 74th Avenue
to its confluence with Fanno Creek . The 100-year flood plain elevation
in the immediate area is 135 feet.
STAFF REPORT - Si 9-65 - PAGE 1
1
t
The applicant proposes to place fill within the 100-year flood plain to
create one building site on each side of Ball Creek. An area of
. t approximately 140 feet in width will be left in its natural state on
each side of Ball Creek. The channels for both creeks will not be
altere ', however, an overflow channel is proposed for Fanno Creek to
compensate for the f:ll.
5. Agency and NPO Comments
The Engineering Division has the following comments:
a, Because a sewer trunk line controlled by U.S.A. is located in the
vicinity of the proposed overflow channel, U.S.A. should be given
an opportunity to review this proposal prior to construction.
•
b. Fill and excavation work should not occur between October 1st and
April 30th because of potential erosion or flooding problems .
c. A hydrologic study prepared by a registered engineer including
cross sections and an analysis of the backwater curve at high and
low flows should be submitted for review before the issuance of
permits.
d. A geotechnical report prepared by a soils engineer will be
necessary relating to the landfill areas prior to issuing building
permits.
e. The necessary approvals must be obtained from tie Division of
• State Lands and the U.S. Army Corps of Engineers.
The Building Inspection Division indicates that a civil engineer should
be involved to ensure the suitability of the fill, areas for building
construction.
Tualatin Rural Fire Protection District has no objection to the proposal
but notes that further review will be necessary when specific plans for
the warehouse and office building are formulated.
NPO #5 has no objection to the application provided that all engineering
requirements related to Sensitive Lands approval are followed and that
the developer retain as many Douglas fir trees as possible.
B. FINDINGS AND CONCLUSIONS
Section 18.84.040 of the Community Development Code contains six
criteria that must be addressed in order to approve a request within the
100-year flood plain.
1 . Land form alterations shall preserve or enhance the flood plain
storage function and maintenance of the zero-foot rise floodway
shall not result in any narrowing of the floodway boundary.
2. The land form alteration or development within the 1t3O-year flood
plain shall be allowed only in an area designated i cornmerci,sl or
industrial on the Comprehensive Plan Land Use Map.
STAFF REPORT - SL 9-85 -- PAGE 2
3. The land form alteration or development is not located within the
floodway.
4. The land form alteration or development will not result in any
increase in the elevation of the zero-foot rise floodway.
5. The land form alteration or development plan includes a
pedestrian/bicycle pathway in accordance with the adopted
pedestrian/bicycle pathway plan.
6. The plans for the pedestrian/bicycle pathway indicate that no
pathway will be below the elevation of an average annual flood.
Although some additional information will be necessary, the Engineering
division is satisfied that no encroachment or development will occur
•• within the zero-foot rise floodway . The property is zoned I-P and this
• proposed land form alteration is appropriate. The proposed grading plan
will allow for the installation of a bicycle/pedestrian path at a later
date. The City has not required the installation of the path when it
would represent an isolated segment without any legal access.
The City has a policy of requiring the dedication of the Fanno Creek
flood plain for open space purposes. In commercial and industrial
zones, the City requires the dedication of all land which remains within
the 100-year flood plain after a plan for modifying the flood plain
boundary is approved. Policy 3 .2.3 of the Tigard Comprehensive Plan
supports this greenway dedication requirements.
C. RECOMMENDATION
Based upon findings and conclusions noted above, the Planning staff
recommends approval of SL 9-85 subject to the following conditions:
1 . Construction of the proposed channel and site earthmoving shall
not commence until after the Engineering Division has issued
approved public improvement plans. The Division will require
posting of a 100% Performance Bond and the payment of a permit
fee. Also, the execution of a street or construction compliance
agreement shall occur prior to, or concurrently with the issuance
of approved public improvement plans, SEE THE ENCLOSED HANDOUT
GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES, BONDING,
AND AGREEMENTS.
2. Right-of--way for construction of the proposed overflow channel
shall be secured prior to issuance of any building permits and
prior to any site earthwork activity.
3 . No work shall occur within the flood plain from October 1st
through April 30th unless approved by the City Engineer.
4. Prior to any channel work occurring, U.S.A. shall review and
approve the improvement plans.
STAFF REPORT - SL 9-85 - PAGE 3
•
5. Dedication of all land below the 100—year flood plain elevation of
135 feet to the public for greenway purposes is required and shall
be executed on City forms.
6, A hydrologic study shall be prepared by a registered engineer,
including cross—sections and an analysis of the backwater curve at
low and high flows. This report shall be submitted to the
Engineering Division for review and approval prior to issuance of
any permits.
7. A geotechnical report by a soils engineer relative to the proposed
filling the site, for development thereof, shall be submitted
to the City for review prior to issuance of any permit.
8. The area shown on the site grading plan (Cooper Consultants, Inc. ,
8/16/85) as "desired buffer area" shall be maintained in its
natural state. A tree cutting permit must be obtained from the
City prior to cutting any trees over 6 inches in diameter which
are within this area.
9. The necessary permits shall be obtained from the Division of State
Lands and the U.S. Army Corps of Engineers prior to the issuance
of any permits.
10. This approval is valid if exercised within one year of the final
decision date noted below.
41/".•01°‘‘411"1"1/0.5.4
--
PREPA'ED BY: Keith Liden APPROVED BY: William A. Monahan
senior Planner Director of Planning &
Development
(KL:pm/2116P)
STAFF REPORT — SL 9-85 — PAGE 4
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111I1 .,. -11411°.'"7,1 • •
1640 HEARING OFFICER DECISION
• .s -12/85 Koeber & Nelson
SL 9-85
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•
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I.i. a"
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•
1 BEFORE THE HEARINGS OFFICER
2 FOR THE CITY OF TIGARD
3 IN TH'L .MATTER OF THE APPLICATION )
FOR A SENSITIVE LANDS PERMIT TO )
4 ALLOW FOR THE PLACEMENT OF FILL ) No.
AND OVERFLOW CHANNEL IMPROVEMENTS )
5 WITHIN THE 100-YEAR FLOOD PLAIN; ) SL 9-85
Mr. and Mrs. George Koeber and
6 Mr. and Mrs. Gale Nelson,
applicants.
7
8 The above-entitled matter before the Hearings Officer at
9 the regularly scheduled meeting of November 14 , 1985 , at the Durham
10 Waste Treatment Plant, in Tigard, Oregon; and
11 The applicant requests a sensitive lands permit to allow
12 for the placement of fill and overflow channel improvements within
13 the 100-year flood plain of Ball Creek on property zoned I-P
14 (Industrial Park) , and located at 14864 SW 74th Avenue, property
15 more specifically described as Tax Lot 900 and 1200, 2S1 12AC, City
16 of Tigard, County of Washington, State of Oregon; and
17 The Hearings Officer conducted a public hearing on November
18 14 , 1985, at which time testimony, evidence and the Planning Department
�`\ 19 Staff Report were received; and
20 The Hearings Officer adopts the findings of fact «nd
21 conclusions contained in the Staff Report, a copy of which is attached
22 hereto, marked "Exhibit A" and incorporated by reference herein;
23 NOW THEREFORP; IT TS HEREBY ORDERED that SL 9 -85 be and
24 hereby is approved subject to the following conditions:
26 1. Construction of the proposed channel and site
26 earthmoving shall not commence until after the Engineering Division
Page 1 - SL 9-85
SCR:X,GIN&MASON
0.1Mm�a or low
B196 S W.Hall Blvd.,Buhr 310
B•ay.non,Orpon 9700$
7dsphone 15031 8114990
t
1 has issued approved public improvement plans. The Division will require
2 posting of a 100% Performance Bond and the payment of a permit fee.
3 Also, the execution of a street or construction compliance agreement
4 shall occur prior to, or concurrently with the issuance of approved
5 public improvement plans. SEE THE ENCLOSED HANDOUT GIVING MORE
6 SPECIFIC INFORMATION REGARDING FEE SCHEDULES , BONDING, AND AGREEMENTS.
7 2. Right-of-way for construction of the proposed overflow
8 channel shall be secured prior to issuance of any building permits
9 and prior to any site earthwork activity.
10 3. No work shall occur within the flood plain from October
11 1st through April 30th unless approved by the City Engineer.
12 4. Prior to any channel work occurring, U.S.A. shall review
13 and approve the improvement plans.
14 5. Dedication of all land below the 100-year flood plain
15 elevation of 135 feet to the public for greenway purposes is required
16 and shall be executed on City forms.
17 6. A hydrologic study shall be prepared by a registered
18 engineer, including cross-sections and an analysis of the backwater
19 curve at low and high flows. This report shall be submitted to the
20 Engineering Division for review and approval prior to issuance of
21 any permits.
22 7. A geotechnical report by a soils engineer relative to
23 the proposed filling on the site, for development thereof , shall be
24 submitted to the City for review prior to issuance of any permit.
25 8. The area shown on the site grading plan (Cooper
26 Consultants, Inc. , 8/16/85) as "desired buffer area" shall be
Page 2 - SL 9-85
SCROOOIN I MASON
Attomi tat low
81 96 S,W.Hall Blvd.,Suit.310
B.overton,Omen 97005
telephone(5031 641.7990
zap
1 maintained in its natural state. A tree cutting permit must be
2 obtained from the City prior to cutting any trees over 6 inches in
3 diameter which are within this area.
4 9. The necessary permits shall be obtained from the Division
5 of State Lands and the U.S. Army Corps of Engineers prior to the
6 issuance of any permits.
7 10. This approval is valid if exercised within one year
8 of the final decision date noted below,
9 DAZED this7L2 f December, 1985.
i
10 HEARIN ICER
11 APP 'OVED:/ /
12
13 )1FPF1.
"—
:ETH 0
15
16
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18
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25
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Page 3 - SL 9-85
SCROGGIN&MASON
Atoms•of law
819 31 0
6 S. a�IOtegon 97Su005
Telephone 15031 641.7990
STAFF REPORT AGENDA ITEM 2. 1
November 14, 1985 - 7:00 P.M.
DURHAM TREATMENT PLANT
CORNER OF HALL & DURHAM
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE: Sensitive Lands Permit (SL 9-85)
REQUEST: To allow for the placement of fill and overflow channel
improvements within thu 100-year flood plain.
COMPREHENSIVE PLAN DESIGNATION: Light Industrial
ZONING DESIGNATION: I-P (Industrial Park)
APPLICANT: Mr. & Mrs. George Koeber OWNER: same
Mr. r. Mrs. Gale Nelson
6700 SW ; 11th Ave.
Beaverton, OR 97005
LOCATION: 14865 SW 74th Ave. (WCTM 2S1 12AC, T.L. 900 and 1200)
2. Background
No other land use proposals have been reviewed by the City regarding
this property .
3. Vicinity Information
The properties to the north and south are also zoned I-P.
Seventy-fourth Avenue and the Burlington Northern Railroad tracks lie to
the east and residentially zoned parcels (R-7 and R-12) arG directly
west.
4. Site Information
The property is presently undeveloped and predominantly wooded. Fanno
Creek meanders in and out of the parcel near the western property line
and Ball Creek crosses the northern half of the parcel from 74th Avenue
to its confluence with Fanno Creek . The 100-year flood plain elevation
in the immediate area is 135 feet.
STAFF REPORT — 81. 9-88 — PAGE 1
ammumont
The applicant proposes to place fill within the 100-year flood plain to
create one building site on each side of Ball Creek. An area of
approximately 140 feet in width will be left in its natural state on
each side of Bail Creek. The channels for both creeks will not be
altere ', however, an overflow channel is proposed for Fanno Creek to
compensate for the fill.
5. Agency and NPO Comments
•
The Engineering Division has the following comments:
a. Because a sewer trunk line controlled by U.S.A. is located in the
vicinity of the proposed overflow channel, U.S.A. should be given
an opportunity to review this proposal prior to construction.
•
b. Fill and excavation work should not occur between October 1st and
April 30th because of potential erosion or flooding problems .
c. A hydrologic study prepared by a registered engineer including
cross sections and an analysis of the backwater curve at high and
low flows should be submitted for review before the issuance of
permits.
• d. A geotechnical report prepared by a soils engineer will be
necessary relating to the landfill areas prior to issuing building
permits.
e. The necessary approvals must be obtained from t,e Division of
• State Lands and the U.S. Army Corps of Engineers.
v‘
The Building Inspection Division indicates that a civil engineer should
be involved to ensure the suitability of the fill areas for building
construction.
Tualatin Rural Fire Protection District has no objection to the proposal
but notes that further review will be necessary when specific plans for
the warehouse and office building are formulated,
NPO #5 has no objection to the application provided that all engineering
requirements related to Sensitive Lands approval are followed and that
the developer retain as many Douglas fir trees as possible.
B. FINDINGS AND CONCLUSIONS
Section 18.84.040 of the Community Development. Code contains six
criteria that must be addressed in order to approve a request within the
100-year flood plain.
1 . Land form alterations shall preserve or enhance the flood plain
storage function and maintenance of the zero-foot rise floodway
shall not result in any narrowing of the floodway boundary.
2. The land form alteration or development within the 1(�O-year flood
plain shall be allowed only in an area designatedcnmmerci�l or
industrial on the Comprehensive Plan Land Use Map.
STAFF REPORT - SL -- PAGE 2
MMIMMIIMIMi
3. The land form alteration or development is not located within the
floodway.
4. The land form alteration or development will not result in any
increase in the elevation of the zero-foot rise floodway.
5. The land form alteration or development plan includes a
pedestrian/bicycle pathway in accordance with the adopted
pedestrian/bicycle pathway plan.
6. The plans for the pedestrian/bicycle pathway indicate that no
pathway will be below the elevation of an average annual flood.
Although some additional information will be necessary, the Engineering
division is satisfied that no encroachment or development will occur
within the zero-foot rise floodway. The property is zoned I-P and this
proposed land form alteration is appropriate. The proposed grading plan
will allow for the installation of a bicycle/pedestrian path at a later
date. The City has not required the installation of the path when it
would represent an isolated segment without any legal access.
•
The City has a policy of requiring the dedication of the Fanno Creek
flood plain for open space purposes. In commercial and industrial
zones, the City requires the dedication of all land which remains within
the 100-year flood plain after a plan for modifying the flood plain
boundary is approved. Policy 3 .2.3 of the Tigard Comprehensive Plan
supports this greenway dedication requirements.
C. RECOMMENDATION
Based upon findings and conclusions noted above, the Planning staff
recommends approval of SL 9-85 subject to the following conditions:
1 . Construction of the proposed channel and site earthmoving shall
not commence until after the Engineering Division has issued
approved public improvement plans. The Division will require
posting of a 100% Performance Bond and the payment of a permit
fee. Also, the execution of a street or construction compliance
agreement shall occur prior to, or concurrently with the issuance
of approved public improvement plans. SEE THE ENCLOSED HANDOUT
GIVING MORE SPECIFIC INFORMATION REGARDING FEE SCHEDULES, BONDING,
AND AGREEMENTS.
2. Right-of--way for construction of the proposed overflow channel
shall be secured prior to issuance of any building permits and
prior to any site earthwork activity.
3 . No work shall occur within the flood plain from October 1st
through April 30th unless approved by the City Engineer.
4. Prior to any channel work occurring, U.S.A. shall review and
approve the improvement plans.
STAFF REPORT - SL 9-85 - PAGE 3
•
•
•
5. Dedication of all land below the 100—year flood plain elevation of
135 feet to the public for greenway purposes is required and shall
be executed on City forms.
6. A hydrologic study shall be prepared by a registered engineer,
including cross—sections and an analysis of the backwater curve at
low and high flows. This report shall be submitted to the
Engineering Division for review and approval prior to issuance of
any permits.
•
7. A geotechnical report by a soils engineer relative to the proposed
filling cr, the site, For development thereof, shall be submitted
to the City for review prior to issuance of any permit.
8. The area shown on the site grading plan (Cooper Consultants, Inc. ,
8/16/85) as "desired buffer area" shall be maintained in its
natural state. A tree cutting permit must be obtained from the
City prior to cutting any trees over 6 inches in diameter which
are within this area.
9. The necessary permits shall be obtained from the Division of State
Lands and the U.S. Army Corps of Engineers prior to the issuance
of any permits.
10. This approval is valid if exercised within one year of the final
decision date noted below.
1/4W
1/X.1.4",1145114
PREPA Keith Liden APPROVED BY: William A. Monahan
Senior Planner Director of Planning &
Development
(KL:pm/2116P)
STAFF REPORT — SL 9-85 — PAGE 4