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M 2-82 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. • JADCQ CHENtI A" '.. r • 1605. 74h 2S1 13A lot 1500 yy a ,�.. n..n. .v.v•...v.w •a .r.....n.:.nx.i s..r. Yw.:.... v.I.' ..•.:_J:rz.d+w..w eiii..as{•...-...w:.% r•4.w'#?^�w'x^.�.1 8 • ..l 1 . r 2 sn vS Y w Vi)..,...1-....,'„,,k'„,:;...,4? ,...•r.AN I.: .. ;. i' • ' TSF 1Y 84rNN 2Yfr• � ^"•"'�«:+ruu+' • ',. t v • k • • • REPORT A'I • • �3U SURA'ACE; OZLS v U�l'tiV,",w4" �l ' AT SITE FOR • FU2JR2tiDUE RZA , BUILDING ,+ 1,25 ti X 225 • • LOWLAND AREA 74th Ave•� �q*y�C ►urhar Road • R EcLAIME D QUARRY TON CONCRETg Ei EARTH FIT.L FOR JOHN DUN kiA O CHEMICAL* Ltd* :` 611223 • Port:Lai-it/ OR /4 As COOPER Oonammo tlts ext " r., IRVIN A. COOPER CIVIL ENGINEER e December ,; 1983 ; . - OFFICE 2�,-4123 - e REGISTERED: WILLAMETTC BUILDING I z. OREGON .PORTLAND:OREGON 97204 .. WASHINGTON • RES, 246.3453 1" JJWC CH `e"ZCAL L t d.w b 16055 S,W. 74th Ave. Portland, OR 97223 ?UTURE BUILD/NG SITE 74th ( Durham Rd Lowland PILLED Area BORIS SURVEY Subject . Subsurface soils investigation to appraise suitability ) of the site for development. JADCO property is situated on Durham Road at the intersection with S.W. 74th Avenue. It comprises 6.9 acres in a roughly recce• tsngul lr plot, fronting 375', on D Rd,, and widening to 440 feet in 650 feet northward (approxs distances). Its westerly 1/ ► sector t.s traversed by Fenno Creek; the easterly portion carr a aly I the site of the 60'1(12O' Plant '& Office structure, positioned for access off S.W. 74th Avenue, 275..400 :teat no, ti 'rom Durham Roast Proposed for further development is. the southeasterly ast.erly 1251x25e area, south from the ex ting building and extending to Durham Road. This was originally ' lo*ewlan « h, gh' water overflow area' of Penn Creek, recently (summer 1982) 'subject d to reclamation FILL deposition of Quarry Stone & Concrete Demolition material„ was placed following reported red clearing of natural tree, brush grass vegetation. • On assignment to site appraisal for suture building con t uct." on an .initial recohneissance was made November 17. Prom the 74th .Avenue P/L, the area was noted to be essentially ntially level about one ,r Ot below street grade: This entails a plot width of 100..125 feet a 4tersding to the upper edge of a 2t1 ( V) bank slope, down } to original aurfao, terrain. The bank Comprises stacked large Quarry Stones, in sizes of 1/4 to 11/ Ou, yd. The' rILLdeposition, comPrlaing t * 4we lamatior ares, is reported to entail comparable stones, including large chunks of concrete. qhs procedure w40 Page 1 ST'IttlartlitAt DAMAOM Pltil I4tS t'dUN lAttON Sr tt .NaliJ't7PIONS ,,SURVEYS tNV STIGAPIONO 'ii described as simultaneous placement in earth, with dozer operation ;. mechanically spre, ding in layers and compacting the. conglomerate material. To observe the existing state of the completed PILL, a pattern , of Test Locations was established, for exposure of the compacted strata. This would permit assessment of density (absence of voids), t • including overall suitability for future structure load bearingt . . Employment of a large capacity backhoe excavator was determined to be necessary for the subsurface survey. With successful reser- vation of suitable equipment, the plot limits were identified', Six Open Pits were excavated (November 29 & 30) along two p rallet lines, 5$ feet apart, intended to b - fairly representative of the • site The positions are indicated on the attached SITE PLAN, ' oriented with the existing WARZ OUSE/O ZCI structure and adjacent streets During the progress of strata exposure in the sine piTS$ detailed notes were recorded, descriptive of the materials encountered (including photographs). These, have beep recapitulated and are herein presented in LOO form. Depth of ZLL was found to vary. from minimum of three feet (at 74th Ave. P/L) to twelve feet, byeacpe- sure 04 origlhel ground surface, as evidenced by small vegetation toa roots, limited tti 1/5" '- 1/2" sizes: Total bedding of Quarry Stones and Concrete Pieces in CLAYEYSILT soil, as described by the Owner, was confirmed in all`Test Pits. dense f, onglomerate has been successfullyattained, with no • ' nificant presence of voids This condition further confirms the reported continuous employment of a large t r:ctor do er during XUJ placement, in` controlled incremental layers. MAR' A SITE PLAN prepared (Nov. 84 /988) by MtcKenzi+ , Engineering, Inc. designates 1004-year Flood Plain, in this area of 'Panne Creek dra.ir . age, as elevation 1 9 5 feat. The Building Site possesses surface essentially levelled at L3 .0 : So a feet. The existing' exceptions ally large quarry stones on the west side bank constitute a superior protective dike-revetment to the site development. ,, . r I ' en "est its exposed 4 e • Concrete demolition piece to b teprminant i L, avergI g NSpf. *. 60 to 70%« The survey indicated thismaterial has been: bedded in earth and apparently g rk dr', by' action Of the tractordozer, ;. '' --:".. .to attain maximum density the CL.,$ ' soil. ° ' is permits the assessment of structure support to be based upon ground. loading • for building footing design ' 2200 lbs./Sq. Ft. for ,q4% aLL. r The assumption must be made that the entire site. as developed is uniform. and represented.ented by the six subsurface face sxposureso assurance to compensate for passible localized areas of lesser perimeter footings of a future strqture should entail adequate steel reinforcement ent i .t short stem wall to provide i;:„.,..: spandrel be tml tionx fluor slab th Ckne55 may be increased from , "usu .l u 4 to inches to include we .dyad wire mesh placed at one . . inch below finished surface. Overall building settlement is anticipated to be negligible. „,i.i:w6 'Ut 11 F '} t' +SON • s 1 IA zca * A. Cooper Consulting &ngit&eeer Soils - Foundation. Pace o . unnA ST t^.� �,`4 Ir j ' >'UR hBI J/I� 1...1w sr'r. I' *I I IV I `c JJ t�'' 1\ .ii ti0aTl1 tlaktlr� $ ) 4W. VN } '* 6 * I B l ul ' ; a N" W pf. ;� „1" : �. ''•'--- , rl ; 3 a ,I, [._.._ Cpm ad f lT7 if Li.I i " lw ntrsel. " A 11 r • _ ,.E ,G9 �r MA,r. ' ..�nA� ,i T 1 TEM y! I. r '� ' r rr l 1 T r M1 - W., ill } N11X! 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Yt't.II TWn kt dr� •r k. ..L ti` .•r ''•____ 0- \ 1 i , r-j I i 11 w,/ • • >r, n tt�ce r �� a.r�� •,. y i. :-. 'Ili •11''i'"r.-/ 11 t •_L4x r � '1 1 !3�1 ' i_'s j , SYMo_eit s `` •4 •it 's 'n " i.7/4" /'/(t e"a k; i a. 1•• ,, ' ;'.:Z-i',0011/. 1 ,� .YI y ▪ ". F 1 ....•,)14 111 r 50r co w 7$ ,h��(ll.' rl .rt.'..' 1L' •i 18., - 3 • 1' '1 • "1, ..f.•r' tF �„ltf 11 •fA t. .440-••"r i t • -1�,• z'. ' ♦ • °_i' '.'�I '*-N-...i. 11 �1® IY ,_ti•L' ,f IC �It- • ..,0l fly. w 1 • 1 w -: d 51.34-, CITY TIS$ fp) E NOTICE OF FINAL D[.CISION OCT 11 1983 7ilackene Engine^,ing into natated 1. The final decision was filed by: 1HEARINGS_OFFICER Concerning hd 2-82 on October 4a _1953 Case Number. Date 2. Name of Owner: John 4 Janice Duncan 3. Name of Applicant... . John A Janice Duncan, Address . 16055 S.W. 74th City Tigard State. Or 97223 4. Location of Property: Address s S at h Legal Description Baa ah Cso.Tax Map 1 s 1 ]3,:.int 1500 5. Nature of;Application:_. Sensitive bands permit o inclade ianrtseam;ng and f;11 h flood + thinte -P11.�J for t atmime ' eveYQg4nitat_ag a bul:n''"r►¢ 8; Landscaning. 6, Action: r--1 Approval as requested n,l Approval'with conditions pet final order. • 1111 Denial 7. Notice: *Notice'was published in the newspaper & was mailed to. C The applicant & owneXX rs [:::1 Owners of record within the required distance . ... The affected Neighborhood Plnning Organizatiofa Affected goverrnental agencies *If there are questions regarding the names of the persons or agencies Who .. received notice, this information is available at the Planning Department./ s 8. Final Decision: The adopted findings of fact, dcision,' and statement of condition can be obtained from the Planning Director, City of Tigard, City Hall, 1275.5 SW 6` Ash, P.06 Box 23397, Tigard, Oregon 97223, Zn the :case of a decision on an aippii;cation for a variance, the applicant must acknowledge this form and return it to ‘',,he City of Tigard, Planning Director, before any building permits will be issued Or 'engineering approval given ij . Signature of Appli .ant or Appl9Cant'n Agent Date inFu 6. r i • • • • 9. Appeal: An appeal has been filed has not been filed. Note: Any party to the decision may.apEeal this decision in accordance 4, With Section 18.84.250 'which provides that a written appeal may be filed within fourteen days after notice is given and sent: v Notice is given on therefore the deadline for filling of an appeal 'is ocootber 19 3 . 10. Questions If you have any questions, piease call the City .of .Tigard Planning 'De;partment, 639-4131: E • • • BEFORE THE HEARINGS OFFICER FOR THE CITY -.O ' TIGARD IN THE MATTER OF THE APPLICATION ) FOR A SENSITIVE LANDS PERMIT FOR ) No. FILL WITHIN THE 100 YEAR FLOOD ) PLAN OF FANNO CREEK; John and . .M 2-82 • Janice Duncan, Applicants } The above-entitled matter came before the Hearings Officer at the regularly. scheduled meeting'.of September 29, 1983, atthe ti Durham Waste Treatment Plant, Tigard, Oregon, at which time testi- mony, 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 IT IS HEREBY ORDERED M 2-82 is approved subject ,to the following conditions: 1, The applicants and City Engineer shall determine a final grading plan to arrive at solution which alleviates the City Eng eers concerns relative to erosion and stream flow direction and gains the same result aS proposed by the� app,JJ'can w =1a..�C�Le .rl� A soils investigation by an approved soils engineer of the area to be tilled shall be made before and after the filling and exoa I vaton occurs • ,r 3: The material used fox' stream bank protection shall be as required by the City Engineer. page 1 -: M 2-82/M 2-83 A P ,,.. _ _ . _,_. , . , 4 . - . ‘',4/1 0441/..1111-41.44a14.1-4,-'41-1 , '' . '1"/111-1427/7 ./' '°"14°-.441.) ail vlia;14 7 '1, , ' "t/iti7L- C-L4 1 ' hull�ed'date that j on, of he 5u�j t l�c fit s ,+ iLt ."Z: 4. The app f. . �° (� which between the old ood ay line to •/ e center of; property straight along the liner extending Fanno Creek and from an imaginary [ • course of that line which represents the gide of the building on the existing property, that line proceeding west untilit inter- � sects the center of Fanno Creek, thence south to the edge of the subject property along Durham Road. The dedication document shall .:M be recorded with Washington County after it is approved with the E• city. 5. The applicant eant shall provide a cash deposit to constuct . standards, the length of the g a bikeway eight feet wide to City from Durham Road to the imaginary line extending dedicated property r from the north side of the building on the subject property: The , slde of F'anna .. bikepath i when built, shall, be :located o,U thiiiipp 0 Creek. - , //. ji DATED this - day� o October, i98.. �• _ BEARINGS OFFICER AWROVED: ` •, / //. ., BETH MASON - ", . i Page 2 CITY OF VVCARD, OR:GON •NOTICE OF PULLIC, HEARING NOTICE IS HEREBY GIVEN'THAT THE CITY OF TIGARD'S HEAR/NGS OFFICEP,AT A. ,MEETING ON Thursday; Setitember . L9, 1983 o at 7:00•' PrM. , IN THE CONFERENCE ROOM OF THE DURHAM WASTE TREATMENT. PLANT, CORNER OF S.W. HALL BLVD. AND S.W. DURHAM ROAD, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: . FILE No. M 2-82 NPO .1 5 APPLICANT: JADCO CHEMICAL/John Duncan OWNER: Same 16055 SW 74th Tigard; Or. 97223 REQUEST: A-remand from City Council to the Hearings Officer to rehear a t Sensitive Lands Permit request to fill within the 100 years floodplain in light of the n •w Floodplain/Greeawr y policy. LOCATION: 16055 SW 74th• Street (Wash. Co. Tax Map 2S•1 13A lot 1500) (See IOcation map on the reverse. side) 11B PUBLIC HEAi1'.INCa ON THIS MATTER WILL. BE CONDUCTED IN ACCORDANCE WITH TRE MULES OF PROCEDURE OF THE HEARINGS OFFICER.; TESTIMONY MAY BE SUBMITTED IN o WRITING TO BE ENTERED INTO TAB RECORD. PLEASE CONTACT THE PLANNING DIRECTOR AT 639-4171 FOR FURTHER INFORMATION. TIGARD C..TY HALL IS LOCATED AT 12755 SW ASA:AVENUE, TIGARD, OREGON, 97223 - THE CORNER OF ASH AND BURHAM STREET.. .....:..<,,..._.Y.. .w.... »,a ,......._ .,..,. .,.... �,.. .. .. _ . _ ... q 1 . . O � --- a j 4 T ,., . . ,,,,3 , • • - ,- • , . — —i .,, c ®s.:* ,_ . i .,-J-19 r' N . • 'r a � •-, .y ti' z1 L __ - • to MEE 5 .. ...........=. ® ®��. p-k r NI =El * no" . 7 . ®� r YF7Yx11 7Y11r 1,.. r . . . -Ili■I ,tee®®, .4i • mumasom 0110,... /41 LIIIIIIIIIIII4 • Mill ® ` ■N■■ _ r 'III . - . , Ili 7. - . ., . .•;___ -____. , , . , .. _. - - , ,‘ ■ . .... s, . ..it...4 , , . q . .F0 • • i 0 1 . . i'rl . . L 1 ® jj. . 1 r- ,�,�W ' :o • O'L7.ONNELL, SULLIVAN 4 RANHIs r, r SW MARI<P.O•DONNEL, 181-N.GRnN'%.SU1TI;202 EDWARD J SULLIVAN - - BALLOW & WRIGHT BU!i..1�ING CANBY,OREGON 97013TIMOTHY'V.RAMIS - (503) 288.1149 KENNETH M. ATTORNEYS AT LAW 1727- - 1727 N,W.HOYTSTREET E N E' - CORINNC.SHE{ITON PORTLAND,ORE(±o77.09 - - SALEM eFr.IGE - -� ` - STEPHEN Fr CROW' - - 1503) 222.4402 EQUITABLE ewwBY CENTER TOWER STEVEN L,PFEIFFER - 530 CENTER ST,N,E„SUITE 240 SUSAN K,SCHNEIDER - - PLEASE REPLY TO PORTLAND OFFICE - SALEM,OREGON 97301 KIRKLAND T.ROBERTS - - (503) 378-9191. September 27, 1983 Fred A,. Anderson Attorney at Law P. O. Sox 23006 Tigard, Oregon 97223 ; Fie: Jadco, Inc. Dear Fred: Thank you for your letter of September 23, 1983, and your call following up that letter on September 26, 1983. I think this case should go to hearing later this week. My 1 office, and the city staff, will be prepared to work with you to hammer out appropriate conditions which meet both the needs of your client, as well as those of the city. I do not see any need for further delay. If the conditions cannot be worked out at the hearings officer level, it is quite possible they pp could be worked out On review, by the city council. ilT look forwardto working with you to resolving the problem and, /1I thank you for your efforts to do the same in the past. IISincerely, III Edward J. Sullivan EJS:mcY F cc: Ms: Elizabeth Newton, re Mr, Frank Ctl,rrie ao C4- r) Mr. Hob 17ean Co c `°- c wj. Lii X11 40 AF'FADAVI'T OF MAILING .. STATE. OF OREGON ) 1'' County of Washington ) ss. l City of Tigard ) I, Diane M. Jelderks, being first duly sworn, on oath despose • and say: That I am a Secretary for ^, the City of Tigard, Oregon. That I served notice of hearing.of the Tigard Hearings Officer,. of which the attached is a copy (Marked Exth' •'t, A) ea of the followi.nc. named parsons on the _ &v:. P:� 1983, by mailing to each of them at the address si on on e attached list (Marked 'E xh bit B) , said notice as he to attached, desposi p the United States Mail on the /y _; day of 1 ` �'i� , 198P , postage prepLi !, aid. 6 c._,, ,„ (/G lj S •-cribed and sworn to faefore ^n the � b-(_ ," : cl c7Y a of p,.-L ,•` s... �.,.: ii.� b �. 198 J 0 „, __) e. NOTARY f,'U4TtC OF OREGON I' -'' 0. COILIW SiAf ldcpt s /!"`! t rks- , y TIMES PUBLISHING COMPANY te+7a' 7-6215 P.O_BOX: 370 PHONE(503)084-0360 Nc tiC.e BEAVERTON.OREGON 97075 Legal Notice Advertising Fill;.., Gs • 0 Tearsheet Notice 2 - City of Tigard G'J�.:: ��$ • PO Box 23397 0 t? C)upiicate Affidavit �FTJG,q , Tigard, OR 97223 AFFIDAVIT OF PUBLICATION h os n ..-cc G row`w >;�?..; +i ;: .aa�c a.E STATE OF OREGON, ) Ert eo aspat co v 1g-,2-.0 COUNTY OF WASHINGTON )ss. a E N �'a anai aui_xi T.3 c, a— 5 beingfirst duly I, SUS L' P nk-leY m 5.a d 2 N k as o -.6.--c7 Z.co 1 y sworn, depose and .,zy that I am the Advertising o as o,�,_ o. Director, or his principal clerk, of the Tigardrrimes o o L - •- ' =. z r -. _ l al a newspaper of general circulation a defined in ORS 193.010 a� a G.:e,Q ��a o m S 2,--r-1.0. and 193.020; published at Tt'i ga:rr. in the ir'" . m =',;-::. C3' ,r ac"i^'a C4¢,.a.2 y ��..M. giM - Z 3;... aforesaid county and stab, that the i3 r E ° fa'p_uj-il i c. Haar .g 2.t' c.• ofU • o o. 'y j p,G Ys s L7 . r�.a a printed cnnv of ..ifich is hereto annexed, was published in the r v,_ .z : _el a' -U=1,„ '-,= 14 r si o` ' dam 0 > successive and -.�:...... r2-.sr-a.0. .,07 c__ " U•.c entire issue of said newspaper for 1 1-1C4�� v'��, S.w �" -e, consecutive in the following issues: >,:',C:1-:...• c *, :c - c-1 dr co s.,m o=- Sept 15 , 1983 '°o.gv -. --—� � Z.8 a co X'a s; oh , alle e gid '** [� E;`8 •v�S`a g� 1 > fal a.rn g o t 8 o a �i y e W c,.'s >.o a R'.. 0,ca m aT d J 21 1983 ri -Z,-21) Ta— n•w r 1 E oQ o i Subscribed and • n to before me this - , yL,�� -y m .. o _ Notary Pubin• c for Oregon _a�c o oh.: '� �3 � T-R.a v, ZE12 v » c,� w , - o a s �4 'cr a w`<o •i3 a'. My Commission Expires: 3,16/.87 - _ 'Olc ' �380 ,e _ c cD �m(� � ix, c� ^O' 0 5 h. -y.ems.] 'N C,..7 L ri AFFIDAVIT i { ANDERSON, !DrrMAN, 8e ANDERSON ?: ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER es,85 S. W. CENTER STREET P. 0, BOX 23006, TIGARD, OREGON 2722.6 503 s 636-1121. FRED. A, ANDERSON DERRYC:K H. DrTTMAN ROGER F. ANDERSON September 23, 1983 Sullivan O'Donnell, Sullivan & Ramis 1 1727 N.W. Hoyt Street Portland, Oregon 97209: Re: Duncan/Cite b£ Tigard •- Sensitive Lands Permit klearin This will` acknowledge and respond toyour letter of September 16, 1983 as well as prior matters relating to the above-referenced topic. It is true that the draft of the proposed revised conditions which you prepared did not reach me until September 6th, and my immediate review of the ' draft resulted in certain revisions which I set forth in form similarto what ' you had previously prepared, copy of which is herewith for your consideration. . , It is not to be .understood as a final proposalat all, but only an initial re- ' '' action. ]3y reason of other commitments I. did not have an opportunity to go over the ` ' matter discussed at our conference of August 18th at CitHall where you, Prank Curry and Liz Newton representing the city, and the Ouncans and the undersigned were present, with John Duncan and Engineer Larson until today. I called your ' office in hopes you could be present, too, but was informed that ,you were at the liar convention, I had intended to be present, too, but Derryck Dittman has been ® ill since Monday and Roger Anderso.. Is the only member of out firm at the convention. I have endeavored to fill tt'eir .two spots and have a renewed apprecia ion of what is required of t sole practitioner. My rev+ieW today of my memo of August 19, 1983 with Engineer Larson and John }r` Duncan gave rise to a reiteration of,the points . et forth on the attached sheet, additional to those mentioned in the revised conditions. As you have been advised, all matters set forth in the staff report are acceptable except the dedication and bike/pedestrian path, Lou also have a copy of my letter of Septeiroer 22, 1983 requesting an additional. set over for the scheduled hearing, as by ruasott of delays and interferences we are not, 'and perhaps the city is also nOt, prepared to proceed on September 29th. 1 In this context I enclose a copy of my memo of July 28„ 1983 as well as a copy of my memo attaY+.sis of Au st l7, 19u3, which you may find to be of some interest s es•r'' with respect toiinatters therein discussed, including the dedication requirement, the objection to which may be overcome if ail interested'persons and agsncie" can agree upon a common outlook with respect thereto and the hearing officer is A • • Edward 3. Sullivan • September; 23, 1983 Page 2. • minded to accept such recommendations as the basis for issuance of a permit. , I am aware of the provision in the within draft of the proposed revised conditions that the city hopes to avoid taking under the Oregon Consstitut:i:on. srt well as under the federal constitution, and the applicants are more than anxious to get this matter behind them. Thus, it is my utmost hope that after you have reviewed this matter again, we can get together with you and the city staff members and achieve a common outlook with respect to the path and dedication, which must %f be on. at easement basis and not an outright fee title transfer. Please contact me at your early convenience as to whenwould be an.agreeable time for the interested parties to once again go over the matter: Very truly yours, ANDERSON, DITTMAN & ANDERSON Fred, A. Anderson • FAAao Ends; • ANDERSON, DITTMAN & ANDERSON ATTORNEYS Al` _L W TIGARD P e w L CENTER �'', IV GREET � • GO97223 332 FRED. A. ANDERSON �`�+J,�7 ROGER E. ANDERSON C1„'1 I IlatNr� PLANNING nEP " September 22, 1983 �. Hearing Officer City of Tigard. � . P.O. Box 23397 Tigard, OR 97223 Re Sensitive Land Permit Hearing Duncan I' It appears probable that additional time will necessarily be required to reach any common outlook with respect to the above referenced matter, which is now scheduled for hearing on Thursday, September 29, 1983. The additional delay is riot attributable to any particular person or cause, and as stated to you I. -eviously, the problems involved have resulted 12 in a rescheduling of various appointments of persons concerned with this 11' matter on the side of the applicant, and by reason of the Bar Convention, . f.. the next meeting will be on Monday, September 26, 1983. I regret the. necessity ty of asking that the matter be set over to October 27, 1983, but it is hoped in the meantime the problems heretofore existing , . can be resolved 1 Very truly yours, fi AND J. , DIT' IAN & ANDERSON .ed: A. Anderson FAA tsr cct. Edward J. Sullivan TT • • • • • • • C7'r1ONIVELL., $JL'UVAN &. RA•ott. MARK P.O'DONNEiLL • • ATTORNEYS AT LAW • CANSY'OFFICE- • EDWARD.1.SULLIVAN 181 N.GRANT;.SUITE 202 • TIMOTHY V.RAMIS BALLOW a.. WRIGHT BUILDING CANBY,OREGON 97013 • KENNETH M.ELLIOTT 1727 N,W,'HOYT STREET -• (b03) 266.1149. - - CORINNE C,SHERTON PORTLAND,.-OREGON 97209 SALEM OFFICE STEPHEN F.CREW - - - - (5031 222.4402 - - EquITAeLE CENTER TOWER - -,,: STEVEN L,PrEIFFE,R .. -- 530 CENTER ST.N.E.,SUITE 240 SUSAN K,SCHNEIDER PLEASE REPLY TO PORTLAND OFFICE SALEM,OREGON 97301 KIRKLAND T.ROBERTS (503) 378.1119.1 • September. :16, • 1983 Fred. A. Anderson Attorney at taw • F; •• O Box 23006 Tigard, Oregon 97223 Re: Sensitive• Land. •Permit• lieari ag (Duncan) Dear ?red: ; I m sorr that the conditions .drafted shortly after our meeting with the Duncans took so long to .get to you. I.f. • you have. any • questions regarding them, .please feel free to.• contaot me. • I look forward to having this matter resolved. • Sincerely, • Edward. •il. Sullivan • BJS:mch • 7e d i k {ire. G G(+fir `f ,f t 4 • • • . •: .. .. • { • TIGARD MUNI.CIPA COURT C I1YOF 111-0°-A RD WASHINGTON COUNTY,OREGON September 1, 1983 'Fred A. Anderson, Attorney at Law P.O. Box 23006 Tigard, OR 97223 Reference John Duncan (Jadco) K: Case No. 83-1334 Dear Mr. Anderson: Judge Pelay has requested a letter be sent to you advising you of his determination in the abotre matter of.a Guilty finding, with no fine or sentence imposed. If you have any quepitions, please contact me at 639-4171„ Sincere]y, Pi, .11ie Rawlings rdunicip,al Court Clerk /br cc: Steve Crew- City Attorney Vic: W. A: Monahan, Diteetor of Planning & Development --- 12768 SW,A8H P0.bOX 28397 TIGARD,OREGON 97223 PH.639,4171 ! • ANDERSON,: OUTMAN •8c ,,AGNILDERSON; ATTORNEYS AT LAW TIGARD PROFESSIONAL CENTER 8865 S. W. CENTER STREET P. 0, BOX 23006, TIGARD, OREGON 97223 $03 - 639-1121 FRED. A. ANDERSOI'd. I.7ERRYOK. H, DITTMAN. ROGER F. ANJERSON :F+ I .. 11 1f� August 25, 1983 1 ,l' r �;..�. ) ' crux OF Y IGHKU Hearing Officer PLANNING I)EPTq City of Tigard �.. Tigard. OR 97223 R'et. Sensitive Land Permit Hearing, September 1, 1983 - Duncan Case No. M2-82 AP '.I understand,the previous hearing proceedings were continued until the evening September1, > Ybreferencedc . and the pur Poseof this request thatthe matterbeagancontinueduntit the last part of Septemberor early October, 1983, for the reason that ne- ' gotiations are in the process between City planning, engineering and legal a authorities, and the undersigned and our clients, Mr. and Mrs. Duncan, with the hope that we can reach a unanimity of outlook with respect to several pertinent matters, which should beresolved to enable amendment to recom- mendations by the City staff, tntl these matter'sare resolved or it is 0' determined that they cannot be resolved, any hearing on the merits of the application for the sensitive land permit appears to me to te premature. This request for a continuanrc of the matter is being made after dis- cussion with members of the City staff and the City attorney, and as I un- derstend it, they have no objections to this request Very truly yours, ANbgRSON, DITTMAN .& ANDtRSOi , A. Anderson PAA:sr cc. Edward Sullivan, City Attorney 'b' • • • .l, • TIMES PUBLISHING COMPANY Legal ' > ECEIvEI P.O..O.BO 370 PHONE(503)684-0360 Notice 7-6189 BEAVERTON,OREGON 97075 ' AUG 2 5193 Legal Notice Advea'tising CITY OF TIGARDT 0 0 0 Tearsheet Notice City of Tigard 0 P.O. `Box 23397 ® 0. Duplicate Affidavit ... ,`• Tigard, Oregon 97223 i. AFFIDAVIT OF PUBLICATION ' N �, "„ 71 ` ' STATE OF OREGON, 4. „ k'.;Ilia �+ f COUNTY OF WASHING`T`ON, )ss. asierf '"� ii, . 1, ' R�11s P-in i�� ,., ti nt, A to' 4 { being first duly sworn, depose and say that I am the Advertising f"', �� $r�}'� _I (Director, or his principal clerk, of the Ti gar°d Ti mPs � �`ei . • a newspape of general circulation as defined in ORS 153:010 ,� � R. ',1 and 15 .020; published at Tigard, Oregon in the `&� �� n' '�x ;, i aforesaid county and state; that that,g,cs , ', 11 P[TT3T,TC. F-WARTNt; Mgr h` �y o''';',4.` �i SJ, °'„t. v a printed copy of which is hereto annexed, was published in the ��+;, �i” J,� entire a issue of said newspaper for _ successive and a ; 7't ak entire M ve in the following issues' 'y� ?,-,,' k a, , , x of � '11�' ]7�'y1983 4v C"'A,; O.f6"��—i ��,, i / i 4.1r1 r 2-TE.-5 n ' 01 , l'..1.1 - r' • lillir i 41111p9pormAll, A l 5 , 1 �" n er , a r 3' Subscribed and swoin,,� ore me hiss 'AUgt.s ..t.....2.2„...1-9.8-3 P 5.0 w ,d, ,, , r. ,... --z--- -- yY�.? a1•20. e i i Notary Publlc for Oregon a, a A'...11 „ -=';',:e,V' ti • •, r My Comrr is�kion Ek irest24, 19860 p FebE' b. ,! AFFIDAVIT .:r ,., {j� 3� • Place under City of Tigard Logo The following will be considered by the Tigard Hearings Officer on Thursday, Sept.. 1, , 1983,• at 7:00 P.M. at the Tigard School District - Board Room - 13137 SW Pacific Hwy. Tigard, Or. Further information may be obtained from the Planning Director at 6 12755 SW Ash, Tigard, Or. 97223 or by calling 639-4171. , PUBLIC HEARING 2. 1 SENSITIVE LANDS PERMIT M 2-82 JADCO/DUNCAN NPO 11 5 A remand from City Council to the Hearings Officer to rehear a Sensitive Lands, Permit request to fill within the 100 year floodplain in light of the new Floodplain/Greenway policy. Property is located at 16055 SW 74th Ave. (Wash. Co Tax Map 2S1 13A lot 1500) Written comments are encouraged, please submit written comments to. the, Planning Director at the above address in advance of the public hearing date.• TT published August 18, 1983 I 11 Ili STAFF REPORT AGENDA ITEM 2.1 CITY OF TIGARD HEARINGS OFFICER JULY 28, 1983 7:00 P.M. DURHAM WASTE TREATMENT PLANT -- CONFERENCE ROOM 1 ., Corner of S.W. Durham and S.W. Hall . . Tigard, Oregon J. A. FINDINGS OF FACT as 1. GENERAL INFORMATION P CASE: M 2-82 Sensitive Lands Permit REQUEST: For a Sensitive Lands Permit to include landscape and fill within the floodplain, for future development of a building and p p landscape. This application has been remanded from the City Council. 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 withmodifications and conditions listed on,Page 6 of the staff report. APPLICANT. John & Janice Duncan OWNER: Same 16055 S.W. 74th Tigard, Oregon 97223 LOCATION: 16055 S.W. 74th (WCTM 2S1 13A lot 1500) LOT AREA: 6.9 acres COMPREHENSIVE PLAN DESIGNATION: Light Industrial .. PRESENT ZONE DESIGNATION: Industrial .Park, M`4 NPO COMMENT`: No comments from NPO #5 had been received at the writing of this report PUBLIC NOTICES MAILED: 22 public notices were mailed to surrounding property owners on June 13, 1983. No ,written comments had been received at the writing of this report. Persons appearing at the June 23, 1983 hearing were notified on July 7, 1983 of the July 28, 1983 hearing. 2.s BACKGROUND In 1979, Jadco received two permits front Washington County which were approved with conditions. The Jaddo property was annexed to the City in 198l6 The annexation was ratified by Council Ordinance No 81-31. On July 19, 1982, the City?a Code Bitforcentent Officer informed Mr, Duncan in a letter (copy attached) that the fill placed onhis property required. 4 Sensitive Lands Permit. • {�. .. 'k: 2.. BACKGROUND (Continued Mr. Duncan applied for the required Sensitive Lands Permit which was denied by the Hearings Officer on October 7, 1982, Mr. Duncan appealed the Hearings Officer's decision to the City Council. In November, 1982, the City Council postponed the Hearing on the appeal until the Comprehensive Plan policy on the floodplain was adopted. : On March 28, 1983, the City Council adopted Policies 3.,2..1. and 3.2.2 of the Comprehensive ?lan relative to development in the floodplain. rr, On April 11, 1983, at a Public Hearing on the appeal, Council remanded the issue, to the Hearings Officer for consideration under the new floodplain policies. The Sensitive Lands Permit request was placed on the May 12, 1983, Hearings Officer agenda. On Friday, April 29, 1983, in a staff meeting to review the permit request, it was determined that additional inXormaton would be required to process the permit. On May 9, 1983, staff received a letter from John Duncan stating that he would not authorize the engineer to do additional work, that he feels that. the application requirements havebeenmet. On Nay 11, 1983, Fred Anderson, John Duncan, John Skourtes, Currie, Bill Monahan and Liz Newton met to discuss the application. 11 ' I . On June 3, : 1983, the revised application was submitted for consideration at the June 23, 1983. Hearings Otfi.cer:mee! ing. On June 23, 1983 the. Hearings Officer continued the hearing on the application to July 28, 1983. 3. VICINITY INFORMATIOrr. A. The property to the northeast and .sough is developed for indusLriai: uses. The western portion of the pilperty is within the 100 year floodplain. Fanno Creek runs southerly through the property. All of the land within the 100 year floodplain is designated greenway/open space on the. Comprehensive Plan. The property west of the greenway is currently designated urban low density residential. 4.. SITE CHARACTERISTICS There is an existing warehouse on the site which occupies approximately 1/4 of the total land area: A little more than 40% of the property lies within the 100 year floodplain. The property slopes toward Fanno Creek. B. COMPREHENSIVE; PLAN POLICIES: 2.1.1 The City shall maintain an ongoing citizen involvetneit program and shall assure that citizens will be provided an opportunity I` to be involved:'in all phases of the planning process. STAFF" REFOR.T Ii 2-82 Page - 2 �:. r.. All owners of record within 250 feet of this site received notice of the hearing in the mail. A public notice was printed in the Tigard Times on July 14, 1983. In addition, NPO #7 was notified of the application. _ - a 2.1.3 The City shall ensure that information on land use planning issues is available in an understandable form for all interested itizens. All interested parties are given 10 days at a minimum to comment on land use planning issues and are encouraged to do so. In addition, the planning staff is available to answer specific concerns or questions individuals may have concerning a land use application. 3.2.1 The City shall prohibit any land form alterations or development in the 100-yearfloodplain which would result in any rise in elevation of the 100-year floodplain. 3.Z2 The City shall: a. Prohibit land fe;m alterations and development in the floodway, except alterations may be allowed which preserve or enhance the function and •r:aintenance of the zero-foot rise floodway; and b. Prohibit land form alterations or development in the floodplain outside the zero-foot rise floodway except as follows: 1. Land form alterations shall be allowed : hick preserve or enhance the function of the zero-foot rise: .floodway. 3:2.3 Where land form alterations and development are allowed within the 100-year floodplain outside the zero-foot rise floodway, the City shall require: a.. The streamflow capacity of the zero-foot rise floodway be maintained; b. Engineered drawiin s and documentation showing that there will be no detrimental upstream or downstream changes in the floodplain areas and that the criteria set forth in the Sensitive Lands section of the code have been met (See VIS September, 1971); e The dedication of sufficient open land area for greennway adjoining the floodplain* including portions at a suitable elevation for the construction of a pedest=rian/bicycle g pathway within the floodplain* in accordance with the adopted. pedestririn bicycle pathway plan. S rAr'1' PEPO11T 14 2-83 Page - 3 Ck The City Engineer has reviewed that applicant's proposal and finds that the filland excavf,tion will enhance the flow characteristics of Fenno Creek in the area and will not raise the elevation of the 100 Year floodplain. The fill will be limited to the area outsic:a the zero foot rise floodway. All land remaining in the 100 year floodplain should be dedicated to the public and the applicant shoul& be required to construct a bikepath the length of the property in conformance with the City's adopted bikepath plan. • C. APPLICABLE TIGARD MUNICIPAL CODE PROVISIONS: 18.57.010 Statement of intent. < Sensitive lands are lands potentially unsuitable for development because of location within the one-hundred-year fltyodplain, within a natural drainageway, or on steep slopes. : Sensitive land areas are designated as such in order to give recognition to the need to protect the public health) safety and welfare of the community through the regulation and control of lands within floodplains; drainageways, and steeply-sloping, land areas, and to thereby mitigate potential financial burdens arising from flood, damage loss and to preserve natural drainageways from encroaching uses which threaten to affect adversely, the property rights of the citizenry of the community, public safety, and the Public health by natural conditions arising from upstream or downstream flood levels City actions under this chapter will recognize the rights of riparian owners to be free to act on the part of the city its commissions, representative and agents, and landowners and occupiers. The floodplain dstriCtt has for s ur ose the reservation of natural ; water storage areas within the L'l o discoura n prohibitin floodplain district ,'�-�-� �„i�- or incompatible uses. (Ord. 79-73 section, 1 (part)s 1979: Ord. 79-46 Section' 1 (part)., 1979: Ord: 74-50A Section 1 (part), 1974). 18:57.020 Definitions. In this chapter the 'ollowing words and phrases shall be construed to have the specific meanings assigned to them as follows: (6) "Floodplain') means . the relatively flat area or lowlandsadjoining the channel of a rivers stream, watercourse or other body of "water which hens been or ' may be covered by floodwater within the are of applicability defined by the floodplain 4istrict. (7) "floodplain districts' 'Means those areas within the. city of Tigard inundated by the one-hundred-year • regulatory flood STAFF? REPORT M 2-g3 Page - 4 7 1857.040 Uses and activities allowed with a special use permit. The following uses and activities are allowed only by special use permit granted by the Hearings Officer and based on the standards set forth in Section 18.57.060: (2) Within the floodplain/greenways only: (A) Any temporary structure which by its nature cannot be readily removed from the floodplain area during periods of flooding, and which would impede or interfere with the flow of the floodwaters within the district (B) Any changes in the topography or terrain which would change the flow of waters during flooding periods, or which would i; crease the flood hazard or alter the direction or velocity of the floodwater flow. (Ord. 79-73. Section 1 (part), 1979: Ord. 79-46 Section 1 (part), 1979: Ord. 74-50A Section 1 (Fart.), 1974). 18.5i.060 special use permits. In accordance with the procedures and .' `► requirements set forth in Chapter '18.84 of this code, an application for a special use permit filed as by said oa chapter stated may be approved or-, denied by the Hearings' '� Officer following public ublic hearing. All applications fox special use permits shall be supported by the following information to enable the Hearings Officer to detrmine whether the proposed use is located in the j. floodplain or..drE•inageways district and if so, whether the proposal, if approved, will conform to the purposes and guidelines as set forth in this chapter. k (1), Floodplain: (A) Plans drawn to scale, submitted in triplicate as prepared by a registered professionai engineer with polo experience in hydraulic and geohydrologic engineering and processes, showing the nature, location,: dimension, elevations and topography of: the site; the location of existing and proposed structures located uptn the site, existing and proposed areas to be filled: Jr otherwise modified, and the relationship of these tc the location of the stream channel, and proposed, m€sthods for controlling; erosion: (B) Any documentation) photographs, water marks, and ; similar evidence offered is support of the claim that the ( ' site of -area in question lies above high water as defined :fl by the regulatory flood: fr STAlsr FtJPORT -a3 Ease 5 `, f':, lnr P . , . ,, , , , . The Catty Engineer is concernedthat the applicant's proposal for excavation will, during high water periods, change the direction of -. stream flow outside the channel. This could cause erosion on the west side of the stream at the bridge and at the southerly and of the w •. excavation adjacent to Durham Road, The City Engineer feels ' additional rip rap material of sufficient size and placement sh, uld , be required in these two areas. The City Engineer would prefer, however, the fill in the floodplain, be on the west side of Fenno Creek where it would :have the effect of straightening the direction of highwater flows as they approach the bridge. He feels this would reduce, changes in direction and subsequent erosion. The applicaut has submitted sufficient:. information toreath a decision on the 'request. 18.57.070 Standards. (a) Application for a special use permit in floodplain areas shall be granted or denied in accordance _ ' with the following standards (1) No ` structure, fill, excavation, storage or other use T shall be permitted which alone or in combination with' existing or proposed uses would reduce the capacity of the floodplain area oto raise either the flood surface elevation or flow rates, or adversely .affect flow' direction on upstream or downstream properties, or create a present or foreseeable hazard to public ', health, safety and general rweslfare. (2) The applicant must obtain 'the permit required by the state of Oregon under ORS Chapter 541 for removal or >` filling of waterways, or demonstrate that the provisions of this statute do not apply. The applicant's narrative (attached) addresses standards required for M1 action on Sensitive Lands Permit :to allow fill and excavation within - ° the 100 year floodplain , and the zero '.foot floodway. The City , Engineer has reviewed the applicant's narrative and finds that the proposal, will not adversely impact runoff, ground stability, water g114e<lity, groundwater level, flow rates;, or flooding. STAFF .ANA11'SIS AND. CONCLUSIONS After review` of I he technical data s; a:nitted by the appiir±nt, it is the opi.,ioi of the City Engineer and planning staff that the proposal will not adversley 'impact runoff, water quality, groundwater levels, flow rates or flooding. Further, it' is •staff opinion that the applicant's proposal does not violate the intent of the Sensitive Lands Ordinance,.. Staff recommends approval 2-83 with .conditions as follows a' . 1. The applicant and City Engineer shall `determine a final grading plan ''° to arrive at a solution which alleviates the City Engineers concerns $ relative to erasion and stream flow direction and gains the same ' result as ' ropoatd by the applicant. ,• i 8 i AVE REPORT et 2-83'' Paga f^^ 7 Ti 2.. 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 3. The material used for streambank protection shall be as required by the City Engineer. 4. 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 tit the City. 5. The applicant shall construct a bikeway to City standards the length of subject property, to meet the approval of the City Engineer; or at a minimum the applicant shall submit to the City an estimate for the cost of constructionfor the bikepath and deposit to cover those costs. Should the' permit not be approved the. new fill shall be removed PPprior to September 1, 1983. P1iEPAR, i BY: :lizabet l A. Newton APPROVED im William A. Monahan Associate Planner Director of Planning and Development IMPORT 14 2-83 Page ! t Cl'IOoNNEI;.L,, SULLIVAN & AZAMI.S I MARK P.O•DOHNEL.L ATTORNEYS AT LAW. CANSY-OFFICE . 181 N,GRANT.SUITE 202 EDWARD J.S-ULLIVAN. -- -- - CANBY,OREGON 97013 TIMOTHY V,RA?+Ils BA.LLOW & WRIGHT BUILDING t503) 28e•1149 KENNETH M.ELLIOTT .1727 N.W.HOYT S'`'NET • CORINNEC,SHERTON- - . PORTLAND,OREGOP- x.09 SALEM oPPICE STEPHEN F.CREW (503) 222•440k EQUITABLE CENTER TOWER STEVEN L.PFEIFFER - FF6yyy��4� 530 CENTER ST.NIX,.SUITE 240 SUSAN K,SCHNEIDER - - PLEASE REPLY TO PORTL.ANo o C VQT1� 1•"\ SALEM.OREGON 97304 • KIRKLAND T.ROBERT,S -. .•.; ��P...'...rr�, (5G3) 378.9151 (I1 is • July 18, 1983 ' g 1 JUL 2 "1.. ��° 1 D . T. pL 4(�i4�ING Frederick A. Anderson it Iv OF Attorney at Law p 0. Box 23006 Tigard, Oregon 97223 Res Application of 3"adco for Sensitive Lands Permit t Dear Fred:When we spoke on July 13th, you asked me fora listing of the �, authority of the City of Tigard .to impose conditions on a C" development application, filed by your client, Jadco. I mentioned to you that 1 .had not 'seen the staff report and could not pass upon the conformity of the specific requirements proposed to be imposed upon your client, but that I would attempt to get for you a listing of some general legal prece- dents relating' to exactions. Oregon statutes do provide for the imposition of reasonable conditions on development, applications under ORS 227.175 (3) . The City of Tigard has also provided for the impc :Ition of such 4' conditions under TMC 18 .84.110: The leading case on constitu- tional limitations on exactions is Homebuilders 'Association of Greaterr Fast Bay va Walnut Creek, 4 Cal3d 633, 484 P.2d 606, 94 Cal,Rptr. 630 (1971) appeal dismissed 404tT.S. 878 (1971) . } Finally, the 1982 edition of the Continuing Legal Education an entire chapter pter devotedto exactions* pon Land Use has , d i.e. Chapter 22. I hope this information iS of assistance ;to you. 8ind'erely; 8dward J. Su.l.livan 1 BJ5:mch cd: , tqk...Nasof F.sq:, 11 Liz Newton, City of Tigard a fl, F FELE VEc : TIMES PUBLISHING COMPANY Legal P.O.BO)(370 PHONE(503)604-0360 Notice 1 J U L 2 1983 BEAVEATON,OREGON 97075 ° CITY OF`TIGAR Legal Notice Advertisin d Tearsheet Notice , City. of Tigard W 'P.0 Box 23397 . 0 0 D iplioate Affidavit Tigard, Oregon 97223 G AFFIDAVIT PUBLir�'�:1'EC7i�i k1�,",�^"}t° � t STATE OF OREGON, : c + • COUNTY OF 1,W'ASHINGTON, has, . is uo ,`•_�+ �,iy` Ii yrs �L�i +`' _ being first duly sworn, depose and say that I am the Advertising i� , Qircotor, or his principal clerk, of thm.„ Tigard Times , • TA;'9 a ' , ,,a +;, a newspaper of general circulation as defined in ORS 'f93,010 ,v t ; and 193 020, published at '� l;a in the • aforesaid county and estate;that the '.,; ��, • -.1 ,la ,; a printed copy of which is'hereto annexed, was p iblished in the 01,v1' 4.144, ', -, t " ' „ entire issue of saki n)wspapsr for ,.. Ir aUccessive and w i Vil• .• ,,e. ;,Roc', consecutive in the falfowir�,g issues; 'a..'°i �` r �i j-.430" 45 19P mak' I , ,t r.,',0, �' 1 • t d r. `�II� xf e ,. d,( ,13J i . wdcaied ando ;:to bef•re me thi � , ..9 3 #` � F °�� • ' Notary'Pnblic for Oregon , 4,r � asllaai ,'q i� i My Commission Exp M= • J/16/8 A AFiDAvi` i .. f.: S i,t; -- r I • Place under City of Tigard Logo The following will be considered by the Tigard HearingsOfficer 1313on hurWda , JulyH28, 1983, at 7:00' P.M. at the Tigard School DisttIet Tigard, Or. Further information may be E)btatine2t from the Planning Director at 12755 SW Ash, Tigard, Or. 97223 or by calling 639-.4171. PU1:1'tIC HEA.ltIN 2.1 SENSITIVE LANDS PERMIT 14 2.82 JADCO/D11NCAN NPO # 5 A remand from City Colancil to the Hearings Offi.cer to rehear a Sensitive ,ands Permit request to fill. within the 100 year floodplain in light of p g policy. ., . .. 74th Ave. the new Floodp,,.ain/Oreerria- 0 � Property �.s located at 16055. SW (Wash. Co. Tax Map 281 13A lot 15 ) Written cotments are otteouraged, please atlbmitt writtekt comme'cits to the Planning Director at the above address in advance of the public hearing date. TT publip hed July 14, 083 3 • • ' d . ci a 2 • • Y • • ijk 81/101100 lis. 7 • art OF TIM Rii) V ASHINGTON COUNTY,OREGON MEMORANDUM M July 5, 1983 TO: Concerned Citizens FROM: William A. Monahan; Director of Planning & Development OMs'" SUBJECT: JADCO Chemical Sensitive Lands Hearing Please be advised that JADCO Chemical appealed denial of its Sensitive Lands application of last year. After several ;delay►, the appeal has 'been scheduled before the Hearings Officer for Thursday, July 28, 1983, at 7:00 P.M. at the ' Durham Treatment Plante that the issue still pet in this issue last year, I wanted to advise you Y expressed , WAM:pm/0104P I. fj?1/0 ii,/,...... • reliC ? 0 ' �,. 1S,W, . . .. ,. - . . -275�a, �8H (y30..BO 28307 71GARb,OIl'EGON 97223, PH:b39=4•171 ,::- 4 . • CITY OF. TIGARD, OREGON NOTICE O PUBLIC HEARING NOTICE XS HEREBY GIVEN'THAT THE CITY OF TIOAkD°S HEARINGS OFFICL3 R,AT A ;.MEETING, ON June 23, .1983 ,, at7 00' P.M. IN THE CONFERENCE ROOM OF THE DURHAM WASTE TREATidENT. eLANT, CORNER OF S.W. - HALL BLVD. AND S.W. DURHAM ROAD, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE No. M 2-82 OP0 . 5 APPLICANT Jadco/John & Janice Duncan OWNER: Same ' 16055. S.W. 74th • Tigard, Oregon 9723 a' REQUEST: A remand from CityCouncil to the 1earings Officer to rehear Sensitive Lands Permit application to fill within.the 100 veer , flood lain in ligh• p g ` ofthe new Floodplain/Greenway Policy. • LOCATION: 16055 S.W. 74th Ave. (Wash: Co. Tax Nap 281 `13A' lot 1500) ' (See locatioin thlap .on the reverse side.) THE PUBLIC LEADING ON 'THIS MATTER WILL BE CONDUCTED.IN ACCORDANCE W111: TIE RULES OF 3''1tOCE17URE OF THE HEARINGS OFI'IGEP ? STINON'( NAt BE SUBMITTED IN • :: WRXTING TO BE ENTERED INTO THE RECORD, CONTACT THE PLANNING DIRECTOR AT 639-4171 FOR FARTHER INFORMATION. {n;Lr` HALL T$ LOCATED ATt 0P 12155 SW ASH AVENUE, TIGARD, OREGON, '.`HE CORNER OF ASH AND EURHAM STREET. • "'lr , ..ate ........... ... ry a .. _... .y�.AsA�N :l .�v� tea';, ,,ti y ;w ;y p..::.: .... • . " , .',.. . : '' '. ...L.•.:.4.,...L'...',„.''.' '' . . .. .. . .• ... ... .. . , . • ,,,, . 1. ..;• ,'•ii..'•'s, , ''' . k...... : 4.• ,.. _ . . , • . . I 4 .•-. MICADVIP 1 Apia) I 1 1 . . • . . - -../- —1..,: .:,,.., T, . , • 1 i • • • . . i . ...., • . . _..... .. \\\.._:_i 1 (1 . • ,.., ; \!--...., • .. - 7.: •• • ••.: . .. \ ,••''''.3 . . . . • 1 .•• .. . ' • • It/ : \ . • • I . . 1.:0144 L''''''.2.--. ' • • • . --------•'-' ' , ( ' III - • 7-1 la . r ---- ,. . • 1 : a , .. !, ..,• . ------- ._ r , . . _ ....j.,.....,L,,_..,,,,....._ I \ . -• . , 1 .. , . 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". , . . .. . . • f °,«, ' _ • • TO: TIGARD CITY COUNCIL FROM: NPO#5 cqi {(\771E DATE: June 16, 1983 11,1 JUN 171983Cr f.: •Y RE: JADCO SENSITIVE LANDS PERMIT cl- Y GF TIGARD tLANNING DEFT. Dear Mayor and Members of the Council : , During the past year the committee members of NPO#5 have been monitoring f the Council 's actions regarding the J dco Sensitive Lands Permit: At this time we wish to express our deep concern at the lack of corrective action which has • been required of Mr, Duncan regarding this issue. ` '• Although we can perhaps understand the Council 's difficulty in dealing €:• with this issue considering the state of flux in the comprehensive plan, it is • none tie less alarming to us that such a condition has been allowed to continue period for a of> nearly a year: This is particularly disconcerting when Mr. Duncan's illegal fill on a sensitive lands area may have had andcontinue to have an adverse impact'Upon the surrnuhding environment. ; > It is also of concern to us that the crrent citation system apparently does not provide a sufficient deterrent to prevent developers such as M r. Duncan from violating the city's permit requirements, This has been certainly punct- uated by Mr Duncan' . continuing violation of the city's permit process. • • i.y We would recommend to the Council that this situation merits careful review with regard to the city's policy and methods of dealing with such violations. in light of the morelenient foodplain policy we feel it is particularly important that that the city; have a swift and;efficient method of preventing such violations in the future. We do not feel in the current situation that the rights' or the best, interests of the other property owners along Fanno Creek, wr the city as a whole, have been protected. The lack of positive and or indeed swift action by the Council has seta dangerous precedent for other potential developers along the Fanno Creek Greenway. We are, ofcourse, available to further discuss our concerns in this area or to assist in any exercise toward the resolution of this situation. Sincerely, The Members of NPPO#5 cc: Tigard Planning Commission • Jt , MEMORANDUM TO: Liz Newton, Associate Planner PROM: Frank A. Currie, Director of Public Works ..*--1--..1 41, SUBJECT: JADCO CHEMICAL SENSITIVE LANDS APPLICATI. FOR PERMIT/REMAND TO H.O. I have reviewed the subject application in light of existing approval criteria under TMC 18.57.070. The applicant has adequately ad. :ressed the criteria relative to capacity, flood surface elev& ,:on, and flow rates. This is accomplished by limiting fill to outside the 'o' foot rise floodway to compensate for lost capacity in the flood plain. Such excavations have a dual effect in that they also enhance the flow characteristics of the stream and lower the flood surface elevations. I do have some concerns, however, that the proposed excavation as shown on the plan view will have an adverse effect immediately downstream as the chaline1 narrows to cross under. the Durham Road Bridge. During high water periods, direction of stream flow outside the channel (ie: in the proposed excavation area) will be changed due to the excavation. This resultant change could cause erosion on both the west side of the stream at the bridge and at the southerly end of the excavation adjacent to Durham Road: The effect of this erosion could cause undermining of the bridge and Durham Road placement rip-rep material of sufficient size and should be 1 required in these two areas. I would prefer the excavation, to balance 4. the fill in the floodplain, be on the West side of Fenno Creek where it would have the effect of straightening the direction of high water flows as they approach the bridge. It would reduce changes in direction and subsequent ., erosion. I will suggest that the hearings officer allow staff the latitude to deter.- mine a final grading plan with the applicant to arrive at a solution that satisfies the approval etteria to gain the same result as proposed by the _,$ applicant. (See paragraph D under "Action Proposed bythe Owner . ." page 3.) • • • • AFFADA'VIT OF JAILING _ f STATE OF OREGON ) County of Washington ) ss. City of Tigard ) ' I, Diane M, irelderks, being first duly sworn, on oath despose and say: That I am a Secretary for the City of Tigar+:l, Oregon d igan Hearing s That T�sF rued notice of hearing of the T Officer. of which the attached is a copy (Marked Exhibit A) •ii•, each of the following flatted persons ori theday of SIV 1981, by mailing to each of them at the address s • Vac the attached li.sL (Marked Elchibit B) , said notice.- hereto attached, dd osited in the United States Mail on the Al (3 day of 1983, postage prepaid. T1 4i' o ' �'` IC' • 1It• Snbecx'ibed ?end swop. to before tie on the day of • r+ - o N 7 RY 1UP, C OF OREC T My C n aliss 'ati ratpires: • • c• t �. 1 • • 7v- TIMES PUBLISHING COMPANY ILesal P.O.BOX 37U PHONE(503)684-0360 NOtiCe 7-6888 BEAVERTON,OREGON 97075 • Legal Notice Adverticing RECEIVED * c D Tearsheet Notice Cit of Tigard. �U 198i ®P.0 Box 23397 • 0 Duplicate Affidavit a Tigard., Oregon 97223 CITY QF TIG 4. s • r r'. AFFIDAVIT OF PUBLICATION 51x 7s 4" " ,, .. 4 STATE OF OREGON, )- l ;. , ; ` , COUNTY OF WASHINGTON, ) F F �� ',,,, ' ° } , ,: I, Sta a.n Pink �y cs, S y4•, ; xs r3, Lg gib; !i being first duly sworn, depose and say that I am the AdvertilJing c p S ..,, Director, or his principal clerk, of the P�i..��,.y^c� T ti m P A $ a 4q„:.-74,,..., } a newspaper of general circulation as defined in ORS 193.x')10 ,1� ' tr :r:'�`� and 193.020; publi;,hed at'Di Via.r ri in t to ...,?;,;:i,,,,,v , a aforesaid county and state; that the ['l �8. ....E� ' puh1i'n I ar n o g' ', r` r, i a printed copy of which is hereto annexed, was published in the 41 Q•is r a• entire issue of said newspaper for 3 srccvissive al1d '�` F'g b c '' : . © v consecutive in the following issues: •.0-T.)'?,,..,,>4` `yrr 4d� f dI i une 9 X83 ;, ;r� `,' f , '.,'-' . - : °,:': ' -,. 44/112fr 411. ?c;, 8'",3'''''. '-'4.t.LISI 1, gl . �. /i Jg Sul sorlped;atld'�S o�,to before me thi ne41 :1. 8 . 0.ice�++ a � g .:1 . .t4,,z, ,,,z, ..Ht-- 1.,J Notary Public for Oregon ;{ '444' ,o ley commission'Ir pir y'' m 3./16 j8 w ?a:: sir : AFFIDAVIT • • ,,fir ;.... ... ..�._:..:. -.�..:., ,,,.. :,.. ...... .� �� r MACKENZIE/SAITO &; "SSOCIATES, PC , ::.....,,..,, :,:•.:, . :... .. :::„....,..,..:•:..,.t....‘....,,:::..,.....,...... :..,,...,.... :::,,,,,,.:: . , ,, ,..., RECORD OF TELEPHONE CONVERSATION - JOB. e--CP e.�C35lTty -�t'I� JOB NO 11131,2;%.7 DATE 6 - l3 V3 TIME �"� Il COMING CALL b:. •Iii?°Ttl ' PERSON � OUTGOING CALL LJ' . COMPANY C%T 1 Q "T1 G Ai PdON�NO. :Ei31-'/i7 f SUBJECT I TIt7G L)/F -4�. REMARKS L'� : SA1_b .- - i� Pt..l� "0 tti:: 45 Co Pd�E'1C'- 1 .48VT -� l'd7°, i i1t,, F1� gC- c 1 . &.V rek's A `V I PSP:t 1 �'7A-' C 11#E � �rpt Ger 1 ; is ectgar - _:. ::f,..,ae:, ''1 AC:-t"�k��:!'• ! • . ..._ .. _ .�►? I�`� VS +�H�:�. �Q;A�Y—� . � Distr�but►c�n tom F� .'�"fl "T:.t��,A'5W�1�.::. STN"' = 1r : " iPILE ` l � 11:- is : , ,r y ElY�3I�6t:ER.S 0 OE9C sal . IAN`(0 t'sTF I+f T iF c RtLANb41-,::::'0'::.0::::g----C:-:.4..'„?:::..-'.,° 9 ' OO1, +. C,NbNR 58 1 7IS u . / Place' under' City, . Tigard Logo ,, The follasring r i7.3. be considered by the Taga d. Hearnes Officer- on June 23, 1983, at I:00 PbM. at Durham Waste Treatment Plant at the corner of S.Wi Hill and Durham, Tigard, Oxr 'urther information may be obtained..., from the Planning. Director at 127 0" S.W. Ash. Vii. �',gatd Or`. 97223, or by calling 639 4171. PUBLIC }1EARTNGS ri �.1 SLNSTTT DA DS:PERMI'i M'':2 82,..Jaden/Duncan NPO # 'S , A'".-errand from 'City :Coutacil to ,the.,Reaiiings Of cer'�to rehear: a Sensitive .tv:res':Perms t1.!,request t J. fill cwitnin the::100 year floodplain in light of µ. ,the" yew Floodplain/Greenwap policy. -�Propert� sg located 'at 16056:�a'.W. '' ... . 74"th.Avenue•. 00� • (Wash��:Co�.}�+. ax"Ma 2S 1 f 3A...lot 15 , • Written comments are` encouraged, please 'submit;wriItten comments he Planning above address: n advance :of the public hearing date. Director at the s • Published • ':rune 9,. 19°3 I h i 1 • I < + I ' • 1VIACT�F�NZIE ENGINEERIN ®RPORA'TED June 3, 1.983 �. 1'l'* , JU '� '31 " R.i �; Ms Liz Newton CITY -01.Department; � E • K ] City of Tigard I rLANJjjNQ D 12755 S. Cry. 5h.pvenue � Tigard, Oregon 97223 Dear Ms. Newton. RE: Jaddo• enss ti'veLands'APhl�cat.on; -'.. pleas fin find attached , fi re .sets of the Sensitive 'tends Applicaticn, `inc .udirig narrative, c:axlcula tins,: and: exhibit drawing. Please- contact this office if additional copies, or additional ins k r a I R d. - n formation, is required. : • Pursuant to our ,,.--,.t..,.evious conversations, we•w�..li look forward ;tea • .eari g on. JunEi 23. 1983. , lease: call if''you have: any questions S1tice `el s; bavid G. Larson, P .. ?roj.ect Engineer DGT :mn t ` EnGicsure Mr. John Duncan s:.. i cc: Mr. Fred Anderson'' . I is I I ' » Thomas(q,Mackei e E 0S§0.S,1W BAN i o �r 31"I�t `r I b L Ni k OR GON 91 b1 r f HQN 5:81.22, 0 rb MEMO1 ANbUM : 983. May TO: FILE • FROM:• . hiZ NEWTON: SUBJECT; JADCO ..'`. At`May 233 1983.Council: Meeting, Mayor 'Bishop. pointed ou:t that ire :t it-ifs.Ed,"` street improvements and 'now fill at Jadco that morning. He naked staff �:f permits r . had bee ndicated that no,;permits had been n issued frfr approvals. Staf�` i , issued.` rMayor asked, and Council concer i:'ed, that, r' ths' staff •take some mmediate action:, in.:.the situation:. r. On Tuesday, May 24., 1983s, I spoke with Bred Anderson, John D.ti:n.canys attorney.. I told Fred of the Council meeting:the previous evening and `that "tank, Brad : acid I would be inspecting the, site the next:>raorning. , On Wedtt esday:mi�rnng, May 251983> at approximately 8:30, Brs:d, Frank acid 1 ;� visited the site. We found that approximately 150' ctt.• yd.. of fill had been placed on the property, some of it• on top of the-.fill. previously "` p ps p g to: :City Hall, we, discussed the matter and determined that a citation should ' laced w:tliout a r -mita U or_ returning �. be issued • ^. On Wednesday afternoon,: -I spoke with Dave arson of McKenzie Engineering and explained the situatioi .to...him. .I alsoefLlt:>a 'nessage for !red A. dersoi to : : , • .......:..:: .:•::... :...i,,,.. call me.. On Thursday, May ZEi,plg83 I asked the Code gnforcw':mentpOfficer to cite JadCo,• 'I for violation of Cha ters 14 &. 18 of the Ti and Municial Code. (See t : y y : es te4, a memo which I•submitted to him: Egad requested Memo to Brad Roast from'm self dated Ma: 2&, 1983 Around noon On 'Thursday, May 26, 19$3 f Called .Fo`l n 15tincan tib exp11a.in the situation t,o<him Shortly after 1; p.m.:,. Mrs„ Duncan returned the call. .; explained the situgtion to her and told' her I eras instructing Brad. to city by ,�y y , a s quite upse . : John 1:00 pM on 1"rid�., , Ma. �� 1..�� S e was Sometime after 3'00 P dyi+ on Thursday, 1: spoke with Fred Anderson and etpld tie.cS the situation. to Wa t•.i�"°'"i told him I had written sr memo to Brad requesting .. issuance of a Citation and Oat the violations were for. I also sold Hr i" Mrs Dundan and Dave .Larson Anderson that I lzad talked to ' , (' 4 a I # i • r CI°i'lf'CJF TIGA• wAso��Nc�.�;000NITY, OREGON. ysft �1t •• r re*. 1 r ,�'afQ'''.";t,,, ,.;!,:'; - �" \� .:-i a+ s�x� c 1 3F3'tde ti tee" "r^ y °jp.§ �° '�G1 1 1.^i f'' 4a C;;r #Kix 3,1"w °t ��? r" f J w+,� Yn y 511 j1 it,,'�'` }',+° t sS:dif�e/�y� :ad:,.l- Q.B ;►.. d i� C 4':� ' r�.�'0=f' �t� �"r 7. ri'',•1Vti:"i ah II`di�r`ybpb,: ;:ifii , v!6 v ;6 y t !�,� }�, -F`4S x 3� �MzV�d}a�yy��ac. ��:c�r,, .:yr t i �J:(7 i::�'ltl. e". .1 d,y. :i.��4• �S. � .�; .~ ' :"'di;^� s« fie;.4jS!I 41 fy$y�:w } �, .�,Zt ��,': !: rp,1,Tz: t,, 1 •a.. S b1,7"`k {)5,1?k�;5'.>eld 'iii `.d'° 1 1♦"L r 'di:y •'^ry,.%....it%ii .i L,r• _ ... �. +F: t'S":-yiY.A'il ;,4.«v:..'y, '. 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May `s,• 1983 : 1tE d'ad o ApP eal Dear 1 • ' - •I. am providing th•e•: atntached met ,. ront Washington C,'oLL.: _y for yot ' • • 'itiformation. ;.'aha: ,4n. ormat an wI3> provided, to Coutici or Kenneth Scheokla 141....the; Couhzs*_ . Copies 1izN-e been forwarded to tho .'Coutncil et •the 'request of• Courcc:x; • • • • i 44 B{p G.-1412,4i141 bATE'S:'ler.gd'c o . • .MACkENZ1E ENGINEERING INCORPORATED . %"-rc;tTts, ` 1..a4?41:::).S f4� i.1� ^COWSULT t4G EfNGGINEER JOB* 1a23Ei r"j14•. .C. 'cl a?. ?rdj .— Sh.EE'T NO. .. .1 OE s . C . N E I Ob'`-/i :rj C' b ug Mfd- = ` . 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I ,,"" w•. rte V »^ i r 4 ; I i.: a w ., iiiiliiinliMill111.1111iiiiill.M.11.111111 r i ,.•rte' - .7 _ r O1 ©11 �JJC� I f `�`. �}, Y l ii_____ :. _ ._ . ... . 4t� DATE �' f l `!int ,F="..1.4.7.7,-) �'.,• _.;. n j ;. DRAWN - _. _. t ._. - w� F ILL I ' •` . fes( f ° ! : i f: --- I CHECKS .. .'.-'.. • - - CJ7 __I��. RE�t�S1C _ , • ` 1;‘--1,-...„ : �- I fi _ I 7 ^lC :allt L I _ iI 1 in . I --.- ' '' .-i .-: -:-.---.- - --: - -- : ',-i--I 1 1 Emi - - tF1EE11� . ANO ARE P41 (' .r-� !1v�P U' ,tet 112kJ 4/4 � O 1Y�1' OUCE TM SHEET . �O; �'�' . . :': ��+A� �gyp` � �-�� .. `3IaG` " fitz i � 11 1a �- ` "rix-it4�3#a1 -f-'" 0- _ "'�Q p 3'i lZ , 1 f? `/EIS - ,�..� _ _ - - .. - JOB [� � � _ _ - - \ d . c � .-. .. . .. '...1:.:...411;... i' : �'' C�lrJao{ •.,. „ .....\ 1 . ., .. . .. . ;: r. f: 1 I : ' ' .. . . .. :. . . ....:... . I . / 1 . •... . ..... . _:. . .. .... .. .. .. • „. .,.. . , . . _ . , . . „ . ., :... _., ..-..,., .„. .._-1 -- •—-- -..--:::.--: •••• � ..., . J_,.• . ..., _ ,..: . . .. . , • s. � : I } i • F . - -r2 , a r Z� ZOO �� __ 6, r Air -'- • r . i F 1 - - - _ L s �` f a s' f iii # F I �( r t } i. ..'. .. , . ''....--.- ,:.7 .---.-' .7...'.-. - 1.-it.. ._ - I - .1. .:. — i- . I. 1 [ rt �� { , s-k i__ .,ms• f'hfi , ' F L F _T_ . p�— - s • ! w� � F f • r 40 1 - '? kQ TQC' _ 9 - fi .. - _ p.p _ -1 �y • Y I/ ft : ' V : May; 9, 1983 Ms. Ehz ab tlah Nelaton Associate nrier :. P.O Box 23397 Tigard, Oregon 97223 Dear Liz In -reference to..yolur letter Of May 3, ... ...- .059y believe that the additional information you requested has already been answered by the.: engineering report that MacKerize Engineering submitted in September of 1982. I have enclosed another copy ri the„event that yours has been misplaced. Also enclosed is a copy ,of EX unit D used it. the meeting ;before the Hearings Offices.. . Please 'refer to the Ordinance, 3. 2.3' (b and note that •t is report meets tYce criteria set' forth. I feel, at this tame ...„.: .. , .,.............,:::„. :::::: :::„.:: ., to h� .ve more engineering done is an unnecessary expense. Also., please be re ►inded teat the Hearings Officer turned down my i::....,..;:. :., 1 •ermit zeclues t due to ari unclear i reenway ola.c in T� g:ard P and iil`1t; clue to any detrimeac�a,al of*ect ;'of the fill on the F P. - -Otain. r . ....:1. :,. ; '•:...:';';'.'::,.:'',, Thank, fou for y, - ` P rour consider •,tion. ” 1 too r' ho e that 1�re sari cotrte .:, y' ion of this issuer t : .,I t0 a speed resolut , !' c Si. c ire .y, 'ohxi A Dttn:oafl r:. < ) I J''.•:,:‘!!!. y�,AtrXf O CyH�EMECAL I:r0. ^;f'rii :'i4F oPmuIMed C mlCa .1 ,.ct- x ! tiL+y::. y , ,M :.: . tilos)G84=0044" 1GbS C,W:'4th A�It U� O �LANI ,I f 91 / �\ i.. • . • . •. • • •..•.• -.. . -. •• • .• ,• • .. '•••• • .. •. .• • • „ , • • .• • .. • • . "L. " WASHINGTON COUNTY ••• • ••• •.••• :. • •:. • • Liter.-Departmc.' Co�rrespo��dence Date >May 5 1S€i3 : ro r�' chard A. Daniels, P]dnning Director \` mFrom Steven' A., con nway,, Code.. Enforcement .officer - L sub�e t. . DUNCAN CHEMICAL COMPANY C0MPLiANCE TO 4SE:FILE 79 56-FP AND 79-79�C On May 5., 1983, staff cor%si4ted a, site inspection at Duncai Chemical Compri ny to determine•'w* m; ler the,.` site was in compliance with the" above mentioned case files.: I. Cas;: fi'1e 79-7g-D Condition l reads: . Prior to the occupancy u'f the proposed„building the applicant sha11 ::. ""•” additional :right-of-way to provide45:' from • • • centerline where tax lot ]500 abuts :Durham Road. S ff comment. Dedication has not ac+purred. Dedicate five ;(5) feet wnd construct a full half • street iimiproveinerit to ST-:a standards where ir; it lot 1500 SW 74th Avenue. r. standards`•have..not been met. •.r Staff cortrment., Dedi cats ofi has not o , to ccurt;�d ah' ST Condition ready:: •• The approved landscape plan,shall'' provide,street trees, planted' SW 74t1�°�Avenuel der. 35: and a size of of ]�-2" in caliper, along � I :I staff 4�inen:t: Some street tt�eas. have, been planted, but land = scape plan has not been fully fiiripl: rented (see t A: F plan � [�atbs lA, ]6, 2C and 20.and site attachment B .attachment '`onditon 3 :reads The aapptoved`l andscape i Ipl an shttl°ahe i pi rm�ented : r ioi to ccs panc�� I I Sf tf� comnnment� 'The landscape plan has been implemented l and �a t a'.ttt .has occupied .(see attachment B) en y .. Y ' : ' . .. Page 2 May 5, 1983` Condition 4 reads:: Drainage riPtention plans and calculations' 'shall be submitted .and approved prior to issuance oftbuilding permit. Staff comment: Condi tion 4 has been complied with. Condition .5 reads: • There shall be compliance to flocd plain alteration penfini':i 79-28S-FP. ` Staff conment Conditions of approval 79-286-FP Pp (see below). • Condition 6 reads:. Signing shall be limited to ground mounted wi* a maximum height of`four (4) feet. Staff coninents Duncan Chemical Company has erected .no sign. .' :AI ' Condition 7 reads: , ::The vegetatie'e treatment.of the areas within ani adjacent to the (load pyain shall• be completed;Within` 30i days of alteration. Staff comment: Duncan Chemical Company has complied. '(see photo 3A left hand side). Cmdition '8 reals: tjo removal of any trees i6°' orl greater in d7ameter, Without prior approval of Planning Director of h.is designee. Staff oomertc rid record in file. II Case File 7 ,i2864P, Flood' Plain Alteration \ 1 Cond ,ti�in 1 reads: • Afland �apenplan ntfee the eeentire ssite, as is required by Chapter 120 9 g ) shall include provision for ei'o on control and other items related to the' fill as maybe F necessary. Staff comment Platt desitgnates erosion control but has been fully implemented see attachment HC and left hand : :ide photo I 6 P I Page 3 a hay 5, 1983.' condition 2 :read4 No ,'equipment shall ;be allowed in the active 'flowing stream between; September 1 and June 1 Staff conment No equipment was located in the active flowing stream area (see. Photo ,3A). Condition 3 reads The applicant shall execute, notarize and record a Notice of:. Flood Plain District Alteration Permit.with the Washington County Department of Records and Election, Deed Records, within 30 days of the action of tete Planning Director, A .copy of the recorded notice shall be provided to the Planning .Department 'for' its record. prior to the issuance of a building permit. Staff comment: A copy.of th recorded notice isnot found in the case 'file presume it was recorded as staff has issued a building permit., • Additional Co merits By analyzing the site against the, site plan, the following items have not been"complied wt is Pond areas still contain decayed organic debris which was to ; ° be removed accordinq to the plan (see attachod photo 1D). • Asphaltic paving, approximately 3400 sq: ftw anis parking for ( . sfix sta11s' has not been'complied with (see photo 2A}, landscaped Area between 74th Avenue and parking..area-has not been compli ed:with (see photo 2C). Landscaped area and paving south ®i` building has not been complied with (see photo 18 and 2J) Ft'll area located in photo 2[ and 3A, contains 1eechat.e . shrubs* brush, asphalt; `phis fill` materials i e area is identified. as future gra"eI parking awe, Which was riot approved'',by Design Review. Photo 3A, left-hand side, 3844 cubic feet removed and re vegetated. Right-hand side fill areanot approved 74th .AVenu: e - nt�t �p� across from, approved.Photo , employee parking r:. . . . . . ii . r -i•-,:•. ^iii .t,,• •:i "• "VI. ' ; • .!' i •�: 2 :Sr• 1 `fli .� ...j.�'��r:vim wFI�F!., a�•:y`�..,..r,7 IY. • •• •I f"W, �1.. • ,!+1' / ' •'d I L'a t•,a .. I r y L• .. • • r •, •�,_ •- t' 4 •I,• ire,.. .......r..-44' ir .-'° ''•"`f. ♦ Tt" `< (' 1. 1� • t ��•%.I I1.•l *.S •nM„�•..{a+, •I••••� . _ N—= �- '�,Z•�' •• '� • rrFr _ i•'}% • ^`?�;'ticr__ �ui�F� •+,t-t.' ^-•-•°••••';4•',�,..y4.�' -cr� �''• (°' 'I ,.• �'�"' ‘..",,,•,• _ . 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'�?. ..+••.y;• • -:,�,.• ....t.--.4� -,'"-;•.41,..`,'. •sr.•-i.-•••••,---•••:•,--• ``y"-�-• .'• .•:;�h.7..••,' • •• •• I': • • • • 4:,!'7..i:.1:*..6'.'..-:I•::;.;F-r, •: .6''-In . 7 '.i`e.t .t....- d _ ,Y'. 3 a.r • ;' • • • I 4",1 • t Attachrient H,A'I • WASH • INGTON . . ' Enter-Departmerrt Corre.spoudencc • • on•e May•5, 1983 ' To File no. 79-286-FP' and, 79--79-D From • Steven •• A. Conway, Code Enforcement .Officer Subiect . Site Inspect• ion to determ• ine compliance with the Cond ti • ons of approval of:the above menttons. casef pies; JADCO Chemical Co. j.`. s`.4..". � 'S' r�+J4•1�'`,'tR .ii d. 4.-;fir. S.'rr.ler 4 {•,?^. •.....4',X.....7.1..04.' i i�4.•.'fir ��4 ms s-.1,-.----,••` + i• Li a►4.rs ..r 1. js}•'� f "1.., '• • �5 • •:�x /• • ;_' R.. :!.• '' t. �.,.Y qr... . � 4..n" .fi n, '4 R{. r i''• ' �. .• .� 3a .rr2. 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A_l Vii: • /, ,•, a1 I •; •/ Z� . t s . . 61U'S 70 r /JIlefGr! •�Ctd 1. _. / �Y3 �'+„ -- ,----A,,,,,'rqy rel �� •4,tetL pc�K. •t � o�u�Matott c• ,_ � • 4 /1, i i 1 r G�ottrty INOroCM!?!�_, '1 r-r / M+.restM �51G�1: A*��1�++eliaa M Ili - X16- i• . + ' s_ •• • 1 I; 1 r '. ,...• CD sICt11CH LtJ14iJFly( l+aT�iR_ "<. / _ ! 1/ � `f3 +tom• t1. � ♦ 1�.r ,,waiJ _ rlc�cv Pat*1 Tor 1. .1 �' -; . • • .• - -- • - ' : ' '': -. • - • . - • ' ' I " ,V.:-'","14d4t,"4-s,,.:/:Y.t_..f P„ 1 t iii 1 • • 'I , i I 1 , / � '�=rl r4x1F1 ars✓ i cn .,--1,..1..,11..:1,;:t� . •, + �: a •- . , ' ..-.,.--•.:•-.. ,:_..• - - f' 1 i f ••` •• r > • • ray .•..t..• .'•"''...Yi_ . 4::';:. :;:.:....1118...L• .:).:.•:.-:•• ,': -.,-. , q.,...... 77.• ,-4,:,,..,-..7-e_....,i:,...._. .,...,. -.-.-_-.....• ) , ... ......... ,..1 _1_., • . ...._ .. ......:..... . . . • .•., . . . , . : .. .. . . , • . --.-•-•:.•_• . ,.... . c ....... . . .. • 414z. . •-•'-• N • t . • • • - rr /- i/ n_ / 1 r / t ) :a 0. . .. . .a < • ' Irk q ♦ - b k :,*--..-:'_•••- l . ' Place under City of Tigard Logo The following will be consider y ed b the T�•.gard Bearings `Officer on May ]2, 19$3, at 7:00 'P.M. at Durham Waste Treatment• Plant at the 'corre,r of. .9 W Haig, and• Durham, Tigard, ,Ore. Further information may to.: obtained from the Planning Di e.c ora > 12755. S.W. ;Ash Ave.. Tigard,. 'Ore. 97223, or by calling 639-4171 • PUBLIC.HEARINGS I ...:•••••1',":';':...'. , 1-83 Ste Te 'Louie` NPO 4 4 . 2 1' 5ENSITT•.�1>i LANLS PERMIT M A request to retain fill plated at the east end of the parking lot and removed. noxious vegetation. Propertdesignated Commercial LYn�+ar aid is'zoned C-5. ', Located.,,at: 1153 ..•.-:„,3"11s,.." Pacific Highway. ,....:',, ,W,•...,( sh:. Co ,:.. P April; 28th) Tax.•Ma 1SI 36DA !lot 700) (Set o�rerfrom: ,, 2.Z SENSITI(.VE LANDS P'ERMIT:: M 2-83 . . City of Beaverton NPO �� 7 A request to construct a Sanitary sewer trunk line which would run ' generatllq pe.rallel with Summer Creek. Apps: mately 5010 lineal feet ''; o' sewer line is'within the Tigard corporate limas. Located Washington Countlr;:.T x Map 151-33D tax lot 200. I I • 2.3 SENSIZ`IVE LANDS PERI+CIT M 2-82 ?adcofDuncan NPO ��' S I A retuand front City cot.r'c l to the' Hearings ''Officer .to rehear, a. Se .sitive Lands PermY.t request "..: dill frith=�n the 100 ;year floodplain• in light of the nein Floodplain/Gra �,�ray pnlicy. Property is located at ',1•6055 S ' 74th Avenue. (Wash. County, Taz ap 251. 13A lot 1500 ). I�'t• tten ommeti•ts are encouraged, please subm7.t written comments to 'the P]. tcfiYz�g Director at the above address in adva�c:e of• the pub Li hearing date I ! I: lsubliih 4J`'�$/$3 . I ' a , is , >II i _ TIMESPUBLISHING COMPANY ai[ P.O.°EOX 37U' Pk(ONE(503).684.0360, Notice 7-67 Z6 OEAVERTONt OREGON 97075 1 Legal Notice Advertising Cs' of Tigard • El Tearsheet Ne`csflE —iveo P.O.. Box 23397 t�ctrR *�4. Orec3on, 97223 pupil-date Affidavit 14 19R • i , CF �tC'.; U AFFIDAVIT OF PUBL GATIL al a if y �-- , .�,, : .6.of .o o v r'.n STATE OF OREGON, ) =° o'er ::a 4 ❑ a- 2 1sa_' Z, o,caaH a; 0,,_ q47" --Gz:.> 3 ax o cj, R /% a COUNTY OF WASHINGTON, ::- x .1:1(..),.......,-..5" aof „ = o 40 oS =--- Etom� W2 CS .0 ar F!c '' ,'tit.#- r1rfldeaa_; y ;eing duly swrn,de ose and say that i am the Adt!ertisin •s1 - }�P Tiardimes g , -�_ ,t: _xt sac -6, �;+-� a _. a� ,' 41,2,_:.b ` � .tivz v not, 'a. sc' o� Director,first his sworn, principal clerk,of the ' \; . ::,!,,cu °� a .= 1) w=� AG H a 'R. "� .5 a newspaper of general circulatjn ams efined Vii. ORS 193,010 ti:00,•,,..1r;.---.---„..,..i.r,e15: a �a� warid: 95.()2U pu6lislied of 19 a �n th9 t �,� "• s`� �' - ''�, i:' _\ :"u a� . tx 0 ---s I1 ce".ens ' p- aforesaTsr�ygt�y��fa��i� •N8t•, ��\� , r � a • �„ ...�. o • F4e��no : _ '"coa.�,••0 - 0 O c�a. -0a panted'copy of which is heretoannexed, was published in Atte ,1, grill n -era, aas . , - dal E•c'-•=01:j ,j : �_ °c3 entire-issue of a f which newspaper for successive and i 0 4;'fl ?'. .74 n M a .w �,,,a-,,, ,,...,_ ^ 6a 2%i e, ccnSecutive in the following issues: •:. > .a A � ar b ori-r w'`; ca:: a? } . 4 ah 31, 1933 EAr 17.. 1983- s, c v' az. (ir �, cc R i=4.,-?,. �, o a�4 e.� a te, a ,..=cn . " v f�' 't-C.Oa 4�G+ 0moi - ats -, ��ia f'Si' " a -‘,.\\8a`i c6 caa- -oo s� War ,. F . �. .L ca O-•^ cm-=... II r„ fit;.,-. a, cC ar JS`. . i:✓.-.0 Gar ;! •`j'7 �;. 7 >,��,,F.... C�' 7,,(i) 5--tx of =ed C =.,-4- u ti. . :..:;. a 'a ..,-� v6.-Z ti� ;A.k '7 L`: �f'='3- C3 IF.,0 'Gr- O 4-'-0 7. d--417-'j, - - to before m thi.,_� R83 �ufi�ril3o4l�R4f �'I,/ _._ e F, a a> a'`u a� �,� �w•as ��E i�'v''Ci. _ t z ` ' t f 1 o eQL, ( 1.i r2 L%^--1 g A a s eel jt �( �'� .. ,( /t i�Z-F.C: 67i .� -1 y 4 p,: O ��' � � ': l� `�� Notary.P:bile for Oregon : , i _ 133,--4:.,r°,... uit ar e' c cs, cxta cr = r rY 9 .s o �� ', i3.a . si 3/16/87 �,=a0=17--„3,1z,;`.:14.,n a .r ate' o � i J �'411i1rT1ISSrt7frl• XEI .cs. -. = a� is.� �, H +,f-`t- Ir xi ,h ao � ,..'� W4 3 ,=.,..G�cm • -,30 � BSvr tina. o �u�zo you AFPIt AVII" : �"` : r. E 5.` .SENSITIVE LANDS PERMIT M„a:_-._Jadco ,Chemic al NP0 'fk 5 ' An appeal by John buc nan` of the Hearings Officer`s denial of a sensitive A :lands permit request to excavate and fill within the 100-year f.loodp,lain ' • at 1605 SW 74th Avenue..,(Wash Co. Tax laL p 2S1' 13A ot 1500). : 1 , ". :c.a.''').,,..-;:Director cf Planning .6...!: 'Development made staff's recommendation `.to � remand the', st±sLt�ve Land Permit back to the: H,Parxngs Officer -in light of the,,, new licybeing adopted for the Floodplain/Greenway area.• Mr Mone'nan had discussed!. this recommendationwith the ' ' applicant's attorney, n,;Fred An.dersowho supported this .actions: o Councilor Scheckla`.. uest.ioned i.f Leal: Counsel had been consults Q I g d, ' they had and ;supported the action Discussion • followed regarding ,5 • conditions, and writing anew staff report'. • ' (b); Councilor 'Br,'an moved and Coui=Cil r •- Scott seconded to. remand Sensitive Land- Permit M 2-83 to ,the' Near t;s _Officer on May12, 1983 at: 7:00 P.M,. The meeting will be..beld at 1.he burham Waste Treahaent -- •• Plant. Approved by. unanimous vote of Council present 6''. ESTABLISHED AND DEVELOPING AREAS :MA1�'. . (a.) Associate Planner Coursolle di! Lributed a copy of the established and I developing a�-:eas map and memo expl:ainxng how the need for this map had • resinted from Meetings. with the tiCI and the implementation 'of e N p Po ^: s 3.3.1 and 3.3.2 in '',",he: E�ind3.ri;4 Po: 'and .Im letoentation 1i�-e ' Strategies doc•ument. ; endati:on for approval as submitted , Cour.r5l.�e mac'ie s tb f •r ecomm L. PUBLIC TES TIMONY o • • Yvox,'e Larson 16730 S.W. North Dakota,.reques.ted .t.Lat the area along ' lt'�7th and North bakota he an established. area bet,attse of the number } of flag 'lots and. the size• of the lots 'in that area. She requested Council.. to approve map as presented to protect this area. fi Michael: Berctitt, 3703 S.W. Karan Drive.t Portland,. did not support having the property zoned R-20. He and .his partied, the Bob ergs, had purchased.' their property at 10700: S.W. North .Dakota ,w..th the _ : ici.tenti.on of developingit in <<he future. Mr. Bercutt•,aced Mr. Bober g had both signed • the petition presented by Yvonne Larson, . however from. the sincey• that :time have asked. to have their names rt;moyed I � .: • • petLtion., Discussion followed, o r•councilo .t.•••:-.C/i' eck 'o:d la aEriart di,i riot s;unri:art taking crus Lot in an established area, and make it developing, arcs: kurther dit,cussi,on. (b)- Councilor Brian moved and r'rourici,lu.t;Scott seconded to adopt. DACE, t0U.NC?L MINUTES h s . 11L 11 s 1 $� kl Cd „ AFFADAV � . TT OF MFITLTNG STAVE OF:OREGON ) County of Washini City.of Tigard ) I, Diane M. Jelr erks: • • ' ' - : _. .,, w ' ' ' ' - . ylE .. MORALQDUM - . I T0: All .I.ntereste..d Persons Monahan Director of Planning &,Development FROM• Wia'liam A. M DATE: AMpril : 1 , 1983 STh.3 C:rc . Appeal' caf Hearings Officer ,ase T1o,:'1f2�-82 Sens, t1lire Lanc.. Permit Jadco Chemical I , I In November, 1982 the Ti and Cittaunci l g postponed an Appeal..by Jahn Duncan of Jadco `Chemical re ative to, the de�.tial 'by Ti¢;ard's I�earin,g Officer; of sensitive lands. permit repue,,,t, made by Jadco to excavate; and fill aithin'.the 300 'year floodplain. A hearing data has now been set for Monday, April ll 198 at 7:30 P.M. in. the Lecture Room of nwler, Junior High School, 10865 I S.W. Walnut, Ti;gard,' Oregon. Should yogi wish to participate in "the hearing, please be adv3se�� that nu new :evidence or% arg mens will .be• al7.owed. You may wish to he present, however, g sposition of the appeal ita light 'of newly adopted City policies } concertitn the' floodplain to, Bear the I `iLOGAfl)N . 16055 S W►. Toth (Wash. Co. fax Map. 2S1 .13A • tax lot 15�J ) L; : : e reverse side >I r : , I f tl ' 1 I ' . ' - - - • ' - - . . .. • - , .. . . ......._,.... „:...„,...., ,..‘ . ‘ , .,.:. ..:.� mak- _ , r.l'''... '. t. 1..' .::• '.:;E. .,',...•-, .:'.,,.:.••.,'„'-:,,,, ,''. .''..• . „ �k3 As .Amended 3.2.>1 TH•E CIX S"H�aLL PRORIBLT ANY LANE) PORN ALTERATIONS Qi :DEVELOPMENTS IN THE.•.•1OU.YEAR PLOObPLAIN WHICH siIOULD RESULT •I: ANY RISE IN` ELEVATION OF THE I,OYEAR FLOODPLAIN+. . 3.!...'2....e' 2.,Z • • THE. CITY ,.,ti ALtlF s. PROD.,�r7tT LAND FO", f'•ALI;LRATIANS AND DEVELOPMENT IN 1:114,...F.,.1OADWAY*I EXCEPT ALTERATIONS MAY • BE A£•LAWED< WHICH PRESERV OR ENHANCE' THE .: .' '� THE Zr.Iir1>POOT RISE FLOODWAY*': AND EROS-- -:. ,AND MAINTENANCE OF ,i .E.'.':, ; : .;,....:, .E.E.......;.. ......,:..... ,,, ., •.: b. Pk`1HIBIT LAND FORM ALTERATIO NS R DEVELOPMENT IN THE FICO PLAIN* y DE THE ZERO-FOOT RISE FWO AY* EXCEPT AS FOLLOWS: ' , CUT.s Y 1 LAND FORM ALTERATIONS SHALL ... .,0,..:' ALLOWED: �(iaCI PRESERVE AR ENHANCE THE FUNCTION•OF THE ZERO-FOOT RISE 'F,•LV)DW;'ir*. 2. ; LP�NirALTERATIONS AND DE4ELOPM•IstJT SP ALL BE AI[IAWED WHERE BJTH SIDES,• $ THE' FLAODPMIN* ARE. DES IGNATT D `AS EITHER •• IND_!S;RDAI. :. COMMERC,i•.. Ali ?HE • COZiPI HENSIYE: E'YA• N: MAp P!�,'i� THE FAC�._RS.SE:-.'"--....,"1::.'''.4...-: FOEITH .IN POLICY, 3.2.3 "CAN BE SAT'IyFIED. t 3 ::' "LAN) FORM AI.TERATIO_NS A1413•1 DEVELOPMENT SHALL BE ALLOWED WHERE''' • • INDUSTRIAL r". -: SUBJECT THE FOLLOWI1N ' IMITATIONS.:. AND ONE S1>1vP AF THL FL00,7P -IN+� IS P) A.NNED FOR CC�ERAIAI E. ' •• . Ca) THE LAND FORM ALIERATIAN OR DEVELOPMEN'.t� IS ON LAND DEStCNATEID OW ::-•-.-- COMPREHENSIVE PLAN MAP FOR COMMERCIAL .. OR INDUSTRIAL , (b) .... . 4PPLICAI�T' CAN SHOW T TNT�O' .::"THE FIA0D.?�LAI> IS REASANARATIO�iS : AR DEYELOL'I4EN•T r # - • � AN'D NECESSARY TO � p BETTER ECONOMIC EISE OF THE'.`SITE:1 o i • • f Ce)• ;ti E FACTORS SET L ORTH. IN ?OLICY 34 D CAN BE SATISFIED NT AItE• ALT OWED tThaIN THE WHERE LAND FORM ALTERATIONS Ari[?',°GEVEI:OPMF � � * SE, ELOODWAY ;: 1:HE; :CITY 2 SMALL AR FLtDODPLAIN OUTS IDF .THE ZiW�tl`) r�OOT RI 100-YE REQUIRE • •' u'. THE STREA SFI t)i�i CAPACITY OF`: THE ZERO rF`OOT: [ttSE FLOODWAY* BE ". MAINTAINED,• bra EN ]NEERED DRAWINGS AN) DODO.„,.1'A :IO Sii ' INC THAT THERE WILL BE' 0 'DETRIMENTAL UPSTREA4 'Oit DOWNSTtt"EADt OtiA'CES IN Till :E 1.AADPLAIN* 1 A1.1IA� AND THAT TEIC C% TERIr1 SET' FORTH IN TsiE GEVSITI•VkJ. LANDS :: SEGS SON :AF' T1�iE CODE HAVE BEEN.,•.t .';`:',..:(See :FIS Septeanb et': 19 71) w d : • l-, *Tllo F,�odr lain arnd rloodwsp as: zte*i�ec Hy to.• FI+�t d Ire°t anee Stud:' Foil i.• : : Oi"±r' ,i TiSard dated Septem'be •-•,: „.4r:: .I.9$ r*_ _ l : rte._. G,: '"� C - C. xilE PLANTIWG OC' VST ' :' EVERC EtEEN EiUFE.a ON TH.E CC)�!1iER ax r 4n THOUSTE,I LAND A}.triTIHG ; RESiUr?«�I.1L t.AND WHICH SCREEAS Tr1E DEVFLOP�:ENT ?ROc`i BY THE 'ADJO�ININiG R SLDENTTKL k&ND AFib ' WHYCH:IS OF SUFE'ICIEIiT WIDTH TO'SE NOIS7 :0.T7 E'iUALZNu .tU D UFFICIENT ,QPEIi LAP1'D ARE1L FOR CPEEIrd& �d. TELE D..DICA.TION' I -0g S X &D�OIt4IHG THE ILOODPLATN*: ,I•A1C1.ULx:C' PORTIONS AT A SUITABL;:E �E CONSTRUCTION OF : A PEDESTRIAN/BICYCLE PATHWAY TRTh TliSFFLOODpLAIN* IN :ACCORLANICE THE ADOL'T D ?EDESTR,E,AP BICYCLE PA'13?HAY PLAN.. P . *The Eal�od l�ia and : as defined b tte •a„Iood C11.- 'Of 'Tigard dated Sip'tembec ;, 19H1. • (See 1't� lc� ,opo.-orc 1anguage on ,00..-foot/200 fi at . setbacks ,on .Demme!opmen,t code.). i � L 11� 1 F I � 4 • I I I 1.1. ZONE CHANGE ANNBXATI')NS o ZCA.3-82 Durhaai Island. NPO #5/#6 o ZCA 5-82 Bechtold Annexation NPO o ZCA 7.82 North Dakota Annexation NPC #2/#7 o ZG.4 i7;82 Randall NPO. #4 a ''ZCA, 16-82 Cooper WO. #4 o ZCA 11-82 Benny .Larson NPO #3 (a) . Mayor Bishop ope• ned the publu. hearing. (b); Motion by` Counci1i r Brun. reconded. by councilor Cook to continue .to March 14, 1383..meeting Motion carried by innanioous vo .e of 'Council.. 7 l2: JADGO Ch1MIQA1;: APPEAL y. (a) Mayor Bishop opened the publit hearing.. (b) lot on by Councilor Brian, ,seconded by C.ouac* .oa• Cook to continue * pub:lic hearing. to April 1.1, 1983, and direct giv4, ng of notice to all ' who appeared before the ',Hearings Officer • Cou'nci1or Set%erxkla..reques:ted all in:t.rested parties be made aware of • the rescheduled date. Pw- lanning staff will folloup with notices: • Motion approved by :unaniisous vote of . Council:' 13: REQUEST' BOB Al''�(Tu1STRATIVF� REVIEW (Mr. Wh'i pp); (a): P] •ining Director reviewed the history regarding this appeal aad: referred to staff memo detailing facts. Nr. Whipp claims his appeal has been' filed and :he has:. a .righ'tto be heard: Planning,'Director reported the issue is the .ap;pe al:`was filed ''Apri'.l 26, 1983 but accom��anied by the. required perrlit fee. Mr: Whipp came ,in .later and paid the filing feed Whipp claims as long Es they appeal is filed, he has a standing and no fee• was regnred at that time. Plannin g ; Directorcomiented 'the 'fee: was not paid until.. 3' Weeks• later and :: therefore no'tiu ely appeal w+a6 filed (b) Mr -IA hb)tles Wi•tpp:, l8&fi: S'W .116th' St: , Tigardi. • testified' as, to Che iac=.s as h•e recalls the iss,�e, Be comment(d that' since he paid his •• mone, and ha. not heard , anything •vitil q ecember he was iot % � N • # problem._ 1�. he to-no-dined,. t�"nt. ,:'e received an casement, re oast froom S:��. , checked with Cii,. hall and disco'ti•_red •the roblem. He feels his rights are being denied and is reeluest ng • a hearing date be set the appeal. able di�,aitss�oix by Caun il, Whipp and staff follo ed �'c) CoYsixle� regardatn the iesue and eonsideratiun of hearing the appeak. . I A i iS 1 7 . February 24, 1983 MEMORANDUM TO: Mayor and City Council. FROM: Bob Jean, City Administrator SUBJECT: Floodplain Management Policy Asou directed, Staff has been en woYkrig with members of the Council appointed Sub-Committee regarding the' City's 'floodplain Management .Policy. Consensus has not been resolved among Sub-Committee, C.C.I. , N.P.O. and Staff itearsons. involved oft this important issue. The ur ose f 'hi iemo is u411...lo recommend one .policy over an r, but rather to summarize the issues and options for °Csunci•l decision-maks:ng purposes. Issues: ,'-,y g The primaryissue involved is the function of the Tfl000,, ainitself, the ability to- carry storm water flows.. Two secondary issues they. arise: greenway/open space and econom%c develo meet, The function Or flow of the 1 . floodplain must be our primary concern before tailoring aur policy as to E ; greenway/open space and economic development needs. i . Floodplain,Options I ere are 'fives, ':major` and distinct. . floodplain management policies which have been discus-434d so far: 1. "DEA.Nothinn&;'.. I. 2. "Natatorium-. or the Sub.-Committee's report::. 1 3. Encroachment for "Existing Uses Only' n:r' the 'C.C.I: 's Position... 4 "Controlled Management" as presented to C.C.Z. by 3 members of the, • Sub-Commi ttee... 5.. "Pipe Evaluation of Alternatives O�+.t..Uons #1 (DO Nothing).- and #5 (Pipe It) are not under serious consideration, but clearly help to focus tl t t aal.isric options available between extremes.. The "Du Nothing" option, ##1 is techaictal3,y unacceptable since t Will result in a twox'foot rise in the current flood levels; some woz t in the floodplain (see Marti �, Bina, e l�l.ati . i ' ui,r s raed. Alne er =tine y, tti"e "Pip option. ' ,5 is equally uinacceptible.; lttlT' TECt1NICALIX FEASIBLE: So, if we know what I will happen under "Do Nothing" option Al 'Ind if wse c,en technically determine pa, how`, to "Pipe lt'' under- option #5,; then any of the other options: #2, #3 Or f4 re viable. TO evaluate options` #2, 3 and #4 we need to consider a variety' of factors .:such all. ct t : and who pays, as well greenwa,,/ pen •space and economic deS�elop�henl .', ' ;. . 4 `5 }7 t L3 j I . Alencernative floodplain 2 lss completed Moratoriumtoessentiallyil further detaile study -'of t'he defers the policy decision ••:1 . . until later.'` ...i.aff finds that current information is ;more than adequate for s the policy decision to. be 'made. Funding for arty additional studies is in doubt, ' given`the City`s budget situation Further technical dutails.:should 'be submitted a't the applican:t's expense during the Sensitive Lands Permit review. Sevetal, projects and applications are presently on "hold" until this policy is resolved, one way or another. ' In 'summary, this option ; places further cost.` on the City's limited operating budget, cetfers :the real decision, gives no long ; term:. protection to greenway/open space, delays capital improvement plans:and finding, and discourages economic_develo menet ` Alternative #3 allows some modification or encroachment iii the floodplain, but then: sets up conditions which are' difficult to•quaatify and,further restricted only to existing land uses. Under this policy, the bulk of the cost of needed `' modifications :.o the: floodway/fioodplain would be at community-wide expense Maximum preservation of greenway/open space would occur, but little, if aanyy, economic development benefit would result. Alternat'v �4 iovides .for a controlled m'attag,ement potzcy and attempts to • •' . ' '''/ 'ialance cost, greerway/open ;space: and economic development issues Under the' '' controlled management policy the largest share of cost would be placed on adjacent development and provides maximum relief on anny' communi;:,yy-wide cost shares, In residential' areas a channel would greenway/open large reenway/open space set back ,.from ciAnter be maintained. In non-residential areas abutting real s., areas 'across the floodplain, additional, buffering on the enci:oaching ;non-ress.deritial side would also be reo:urred. Economic development is e icouraggeed l!taf ts• of alternatives:: #2, ;#3 and #4 :.are attached .along with minutesof the C.c I meeting of, Vcbru, ry 22, l: � 9 3. " ,, 1401 . A complete copy of ;thi a,. s report was sent to each PlanningCommission member,' each Park •Board member, each Sub-Committee member and each c C. I. metnb er ch Co447A) I ; b I � • • AL'rEkNATIVE #2 3.:2.1 THE CITY SHALL a, PROHIBIT LAND FORM Q,LTERATI ONS AND 'bEi1ELOPMENT .I'�t THE FLObDWAY*:, A.ND . , b. PROHIBI T LAND FORM ALTERATIONS AND DEVEfuOPMENT IN THE FLIJODPLAIN*. '. THIS `IS AN INTERIM POLICY UNTIL, THE CITY HAS. COMPLETbD A DETAILED FLOODPLAIN STUD AS.,I3IREC` Eb• by CITY'COUNCIL I • *The ' fl1oodp,Iain ;and floodra� as' defined >by the Federal. Flood Insurance ;, Admin .s:trator.: fI I I. : ...'. .'.. .. ., I is :.. ..... . .. r'. • I: p r I , lid ALTERNATIVE �3 Policy •!as' submitted .to th. City •Council following Planning Commission revisions on. January .19, 1983' within the. `Natural Features .arid Open ISpace :Element 3.'2.1 THE CITY SHALL a.. PROHIBIT LAND :PORN ALTERATIONS AND DEVELOPMENT ;IN THE FLOODWAY*, AND b. PROHIBIT LAND FORM ALTERATIONS"': EXCEPT AS FOLLOWS t 1 LAND FORM ALTERATIONS AND DEVELOPMENT .SHALL BE ALLOWED WHERE BOTH SIDES OF :THE FLOODPLAIN ARE DESIGNATED AS LI-T:HER INDUSTRIAL OR• COMMERCIAL ON THE COMPIkEHENSIVE PLAN MAP ANDr -THE FACTORS SET FORTH':IN POLT_CY :32.2 CAN BE SATISFIED . • 2: LAND FORM ALTERATIONS AND ONE SIDE OF THE •FLOODPLAIN IS PLANNED FOP RESIDENTIAL• USE.. AND THE OTHER SIDE OF THE FLOODPLAIN IS PLANNED':FOR COMMERCIAL AND I . : INDUSTRIAL USE SUBJECT TO THE FOLLOWING LIMITATIONS: (a) THE LAND FORM ALTERATION OR DEVELOPMENT IS ON LAND DESIGNATED ON THE COMPREHENSIVE PLAN MAP; FOR: COMMERCIAL OR INDUSTRIAL USE; Ei :CHERE:: lEXISTivri COMMEERCTIAL OR INDUSTRIAL Us$ ON THE SITE AT THE TIME OF.THE ADOPTION OF: THIS `LANs.• THE APPLICANT CAN DEMONSTP.ATE THAT DUE TO EXISTING SITE lDEVELOPiFNT THERE .RE NO- OTHER ONSITE ALTEIlNATIVTE,S• '$UT TO EZY'PANt INTO THE FLO.ODFLAIN; AND C THE FACTORS SETFORTH. IN POLICY" '3:2 a2' WILL:,BE SATISE'IED. • 342.:.2-: •WW RE LAND' FORM' ALTERNATIVES AND I DEVELOPMENT ARE ALLOWED WITRflt THE • :100--YEAR •PLOOD.PLAYN , THE CITY SHALL REQUIRE a,• THE WATER STORAGE THE FLOODPLAIN AND ;STREAK FLOW CAPACITY OF THE FLOODWA.Y AbJOINING T`LIE "HITE BF MAINTAINEbi b• ?NCINEEfED• DRAWINGS AND DOGUHENTATION :PRO-VINO THESE UPSfiREAM OR DOWNSTftEAh'CHANE 4S• IN THE FLOODPLAIN, AREA, c. • THE PLANTING OP AN EVERGREEN ' $f,t:FEif dN THE COHMEttCIAL OR INDUSTRIAL LAND WHICH SCYtEENS THE DEVELOPMENT PROM VIEW B'� THE 4.DJOINTNG RESIDENTIAL 'LAND (SEE DUFFER POLICY ) A 7D WHICH IS SUFFICIENT WIDTH T4 'SE NOISE ATTENUATING, AND "�%rI A'T'1Otif.... QF" SIJFFICTENT OPEN LAND AREA ADOINI'Nr; :nom. OODP��AIN A AS UITABLE t LEVATI( N FOR THE CONSTRUCTION OF 4 r. A?N N PEDESTRIAN/BICYCLE PATHWAY OD ACCORDANCE;�:�1 � WITH THE ADOPTER'PEDESTRIAN-. BICYCLE PLA • Th Floodplain and I'loodway as d to d b •th de r�I, F�.crtict Tt ut rate Adtn �iistrator. • • ALTERNATIVE .#4 3.2 1 THE CITY SHALL: ""..' . a. PROHIBIT LAND ;FORM '` ALTERPZIU,VS AND DEVELOPMENT IN THE ' FLOODOLAIN*/GREE'NWAY 'EXCEPT'Ari FOLLOWS. m S FORM AL.ERATIONS' FOR THE P.U:RPOSES OF. MAFN AIN:ING THE l.` LAND.' D ;. EXISTING ZERO-FOOT RISE FLOODWAY 2.:. • LAND F{).Rkl ALTERATIONS AND DEVELOPMENT-, IN AREAS DESIGNATED, AS _, NON-RESIDENTIAL MAY.BE PERMITTED WHERE: > (a)'' THE CRITERIA SET, . FORTH 'IN THE :SENSITIVE LANDS SEGiION OF '` THE 'COMMUNITY CODE 'HAS BEEN MET AND '(b) THE PROPOSED DEVELOPL'fENT IS BEYO I . 1 0 FEET FROM T$E • CENTERLINE 0 THE ZELtO-FOOT RISE FLOODWWWAY AS DESIGNATED L`-: ` THE. „FEDERA7. FT.(1 D r LANCE STUDY. WHERE THE ZERO-FOOT RISE FLOODWA:' IS LESS THAN 200 FEETWIDTH NO I EVELOPMENT SHALL OCCUR { *.The floodplain and flo'odwaY are adef,ici.cd by he Federal Flood In surante Study. ......• ,'''. . '''''',.': '''.”, ' ..S.' -r• ,„ ',.. ,., .''',4" iSi? di-x-47 . .. , . . , A ... ., , i . , ...... . .,,,, ... . 40,i, .. , , ,.. • ...: !... i .. •.....: , ..,,,,,, _. . - I) ...ts 44,4-ie:,o14.49$4‘4, ... ,.. . ,. ..,. 44 4 1.,v '' '' --- ' '' ' - .. .... ':•, ' - ' . ' ,,,,•• • . . . , .. : . . .. ..„ .: . ,. .,., .• ,.._ . ... , . - ••• .,,, , ...... i .. . ., , h(74.40... . , „ . . . , , A, . , . . .. . . .. . . . . . . ' . ..*#'4**-'404-ir If, 7 ' e ' ' " ' . ,----ii`,,,;,0--,;, ' . . . ' . '1 I " ' ' "1:i'' —:---'-'-'---"-----'--------- '''''' .1' 11)i;:t .'. : tiel-'444:1-14 4. ..'' ' ; . . :. . , .•', .,,,,, ,i . e.,‘AZ !4 � ✓ . .4,_, u i e � ,: a •. .. .. .. t. e • � �� I ( !"�/� NY Legal P O. BO) 374 PHONE(503)664 036Q. Notice 7 -6 16 )EAVERTON,c7.REGOt197075 Leda! Nice Advertising - - • D Tearsheet Notice City of Tigard p'0' Ou Ucate P_riday.t P.O. Box 23397 Tigard, Oregon 97223 ,, t ! LICATIQ� , } AEFlDA IT OF P�,B C-FL J OF WASHINGTON€,F OREGON, )ss _ ;, 1" ? , '.� 1 Q I, g g r first dulysworn, depose e. J say that lm the Advertising- - ni ar� Ta..mes � _._._. to .o his principal-cleric;oT the 1 . R T UBLICUFARII`7Gi O GE t ., ranee- �3. i P z _ _ ::, -- ccnl2:tion as defined: in ORS 1:�3 0t0 ;::. The foilow3ng��il be'considered�y�h�Tig�srd Cit3r�� _---.°V1:1144.0 _ ar newspaper of ger,.ral ci • - � 148• _.,, sia ,� Tigard,, Oregon in.the;;::. . 2943 at7•30-11•14.-617911161' rvmorRighs-c�-,_o 3,ectur , and 193.0-0,pubhsr_, at ;c< Further inPorsna oQ m[a o aed,. _y, i' Street, Iigard, ,£gQn... -, foresaw countyarid state;.that the •- -- - :, a or 5 HEfiRING NOTICE; F_.ecordetar Dtr rot:Planningand I3avelop a �eaue:€ - PUBLIC f.�,. � h calAiseg535L71 `� r��y� :Y�� s i Tigard,Oregrtn,'3:T��to, � _ mak: �..t# a printed copy o€which is he-re.a annexed,was,p bushed.in the SENSI'PIV1✓L NDS PERr�iLT 1�C -$2 7h ; nsiti�i Dfiic�e e�ia�ö a ONE..:. aass V_ and . . An appeal by Idhn,Duncaa of_tl a _: entire-sone of said newspaper fob _Sad - ,, ,g mt 60,5 ._► e lands permit reque�:0 exea-Vate ansl Sll n Tx' A-o45 Ye,• t ..--. i bef c nse uttue in the following,��stles, SW 74th Avenue;.V•ds:+'-Ga Ta$ Map.2Sl':-- --'o x'IV,'=:`, ' :—•• r , •�, _ ,o viewed- .1' ojitru ,uy 1'� ., c r Y ., into $ $4. li 1 r- wittrsua 'to- 80(.1/1112.1 rl$&�vii divs -. "F�brarfi 1Z; .1983 ed .6 , _ Vie' " �� h `°ear$� �p' a' oto sub ;a� tt . - th , 4 r r `' .t 2 b` argumer;• { � `.. :. ai n i • riot to uncll` tttbmttfi: . r -` c ,. � _ u`aci ueshons o= P4 canside b . up[rg t?iunca3 .bast 1 fin; 'Y.PO $° - :staff 41-4 P !?:gs o C?iiie su :. �, ` ' y`` "- �' 1,e � � eutS'k�tCGlit8 pl b r� - o eta -tom Fdttei�CiiAt3 � bzd and swor t. b=f g re met• Feb. -23_!9 a ' �Y tree t'n, 4. g N. , !� Subscribed ;�� !' tx4� ebrua l;, : -- ' ' Notary Public for Oregon My CommissionExpires:February 24, AFFIDAVIT �i . ` EEGULdlirt MEETING MINUTES FEB6tUAR'Y' 22, 1983 7:30 P':M 1, ROLL CALL: Bill Monahan, Director of Planning and Development, .Nancy Robbins, NPO *t; John-Butler, Phil ''as•teris, NPO l G, Lou Ane Mortensen, NPO #3; Chris Vanderwoi,d, Planning Commis ion, Carry A. lhornton, McKenzie Engineer; Geraldine Ball, NP0 *4, J.B.: Bishop, Commercial C C,I al Property Owner; �dilbar Bishop, • • 2. • ttscusSlion of Floodplain Is►ue EGill `Z![bnahan outlined.- the iacocess r4.tich .Was Follow:-4 leading :up ta the • meeting, 1. , the fortaulatios of a iso,licy by the C.C.I. 2.. acceptance of` the policy by the Planning> Cctmaissiot�': 3. submittal of the polity as part of the Natural Features and Jpen Space element to the City Council 4. Council's appointment of a subcomatittee to develop an alternative poll. and 5 formulationof a new policy 3.2.1: Based on the new proposal of the si.5committee, staff te�l.led the G.C.T: meeting to a :" Franlr Currie, • and 4ary Thornta�n an opportunity P ttthe e o tE,o Gity' so that the C.C.I. tot!-14 evaluate, whether ornotatoaformnlatenew olio P to take the place of the subcommittee report: Frank;Currie eiplained the engineering da•1 a which is now available, to the City. Available.:opts stns 1. pipe the whole. thing 2, do nothing 3. stream flow managremeitt enhattcemlent I- Pipe it/Deep ditch Advantage's 1. no flood control damage tt de. sigtted properly ht tt potential tax base . • Disadvantages, Y:: prohibitively`high initial cost • 2. ;Amita open space 3..: decrease natural aethetics • 4 maintenance cost high b Advantages� 2. 1. low initial cost 2 maXimi2e open space - flc•+udpl'in will gr*W ?w simplify city ':app1ication for. ''filling pe[ tatit5: Di rs ad-rant.ages ttndate �.. Floodplain rises, will , in j . _ Bet�reen E�o7L'n�"y: - Stream L�`l��w Ylanagentettt 8n �ldvadtagr�s [. ' i • 1. 'ability to timaintait, eicisting flood cis by .tianag itg it;} ander btidgesy rip ra'py re channel ,....ter....... I , • • r ' 2. increa.k.e. .no tential ;obs 3 in.creasid aut'ho'rit94;featuring .over the.,other 2' •. D'sadvantcage 7:. decreases' open, space through ec onoatic iide rel.opment 2. increase in staff's `adminastrattve r.espons1,JJ .:ities;; .:.H,.: Frank.: then discussed 'the areas of greenwaj� and open space Open space a.z '' ;I ' portant 'to industry. most zmportantto resideni�.al prapert`ies least,'im issue' :‘.:.::..''' '.::.:::::'.!"::.':''.. Whet .is the consensus definition of open space. with numbers attached to it t.at' define it? . :..,:„..........,,,:‘:::!........,....:.,.....i,...„.......... ....:‘,:;:,,,::...,::.....,:.-,. ,,,, -; '..":....::.•...' ...''.:::,'.1..-:::.....:‘ John ,Butler of;NvO a1' offered e definition tFanna Creek, ,Open Space of 200 ft Mirth `'the buffer 'controlled- b.y ,tile Community ,D evelopment_;:Code g p py b:e upheld including any new prePenep'.: There was j Existn "ark .'�ans `.must no second to hats motion. cLt Ane MoYed adaption of, the `Subcommittee's :3 2.1 as 'an interim; policy, too second. i ':,.1:ris stated that theC.0 t... wants .time to study tEte study; flood??rain; study; .. 0'''''J j..r'r''.1:"........;.,:•2,j'.::.jr:j..,..r.j:;:j:,,J:J J':,,j' jjj gg g policy to the 1480 FIS`: ce Then: Fran} ' su ested' n the nter line � I measure from the center to `specitp the open; Space that is required, ' ''''...j:jjr.'jj:,....'-j.•....j.,:."jj ' -jjj;j.j 4:'I'''.'''.'''i:J.''',:• •j•,j•';•J''.,,'.......'::::'::'.::':,.,::jj:':jj•:.:'•:::;j':';..::::•.••:,r''..,:j jj'.. i. ori. iginal C.C.I. :pro'osal as P ui, Faste4cis se•conded, Motion: SL nd on the . origin bl p -. a :tn;tted tc► City Council.. C.c:.'t. is' willing; y ,John su ler and to Wok further xn ,the t sue With the intormat•ion that is now available •. Vote,' unan stows at fa/or. , Adjournmettu 10.30 trim. ".1 : • i • •, ' ;,, January .1,0, 1983' Citit: •:•og Tigard PCO: Box 23397 Ttgard,•. Oregon97223 At.tn. . Bill Monahan Confirming our phone•.Conversat.i,,5,,,;;,,. ;•••:,1•., .,,-•r•••:d••••-:::i::'•,h...•••....',..c.••..•.,...' o . regarding. change of hearing date, from January 24th, 1983 i-o` February 28th, 1963 - a The above date change, is 's'atis acatory to irie Since r1 r i ;John A. t)uni;an +{r I , JADCO CHEMICAL LTD. .., "Spaing:i i F'arrnu!o44 Chemt el 74tkcAV4t4U ;r'.0 tLAND 9t.3r4 �' / -� f NOTICE OF PU ' LI. 0 HEARING ;<. NOTICE :I;i HEREB.Y''GIVEN THAT THE TIGARD CITY COUNCIL AT ITS MEETING ON MONDAY;, NOV] SER '15,; 1982 :AT 7:30 P.M. IN THF, LECTURE.ROOM OF FOWLER JUNIOR''RIGH SCHOOL, 10865 S.W. Walnut_ Tigard, Oregon, :WILL CONSIDER THE FOLLOWLNG APPLICATION: APP':,ICANT: john 6eJanice:.buncan OWNERSame 16055 S.W. 74th Tigard, Oregon cr722 . i FILE NO. -4 2 -82 Jadco Chemical NSU ' g AN" APPEAL by John Duncan of the earings ;Officer', denial. o :Ef a sensitive lands `permit request tto eXos:vate and • `� fill within the 100 year r"1oodpl&in . LOCATION:: 16055 8 .w. 74th Avenue (Wash. Co Tax Map 2S1 1321 lot 1500) No new evidence or arguments` will be allowed. However, parties are ?invited tO subm t w tten arguments on]y pursuant to Secti01). 18 .54 . 29i (b),. such <arguments shall be submitted tQ tide City Recorder nOt less tai„ five (5) days prior to Council cons W.•3er- : W anon. (See MDP air Revers, gide) ;. w • !-'S i ATtEt.',WILL BE CO tDtrcTE1) 1114 AC'ORDANCI- tlITH '�'€11. y, RULES 0 ' PROCCDtT1 S OF THE I'� COUNCIL g =lG TO bE ENTERED INTO TRE RECORD : TL+ IM0N5� ma BE SUBMI.TTHD IN. WRITING , VOR FUTHLR INFORt AlIONy PLEASE CONTACT°THS. CITY RECORDER Ot. PLANNING Z}1t;EC �Jtt 12755 r , OREGON 9722'3 AT 6:39 41,71 CITY dP TI�A� " Ccs�zier8t��iA�'�i. & bur h��i�D' ; � � � , ' r • TO ' CITY COUNCIL • t FROM. ,R,.P•#5 J iDCO CHEMIWIJ DATE, N(:VEKBER JO, •1982 S .:1:r'... ' ' . . . :.... '''''''. The 'NIPO wou1;:.1'..3:'-'11.t.'‘. d like to metke. the City Council mare of our`concern regarding ' tt;e filling of the Fann(? Creek Flood�:Lairn/C a€nWay..,:. The Fanrio Creek Floodplain. fGreenway provides a' "natural buffer between the ' • d the. Residential area to the, nest. Tht.4 Industrial area to the East ah addresses the importance of preserving this buffer NPO!,.... .. .' :"1:'.':'. '.''....:-...:7'.'''...... '#5 Pyran Cord. '77-69) . by; the folloi1 ng policy tatemezits: ..: ...:.....,...,.........:...;...;;.,,.......:..,,...............,.;.,,. Policy Li' The;plan is particularly .concerned about achieving a comparability between the broad rang, of land i s cafe orie• s g which exist in the" neighborhood. This is especially important. a• ;• lationship to `the dev+�lopang r sidenti�].: area wast of .,:': Fanno Creie . The creek,"..she' trees :and other regettltion fund along ;tt, prolicie an excellent opportunity to both separate • -f"�` industxial aevetopmmnnt and • bu..,�er the res�ciential. �.rea from the as ociated Frith S kr. 72x1. : I Policy 5:''. : ..' B.) Provide protec vi'e buff rs for residential areas b� tl se of `.such •natural features'such as the• Farina Creek Greenway. 'Pol:icy 6z In order to enhance�the,�environmenr of -the residd.eritial �Ireas1 y . natural amenties such aas`Fanno Creek and its tributaries as well as existing stands of evergre•en;, thickets of deciduous bushes, 'shill:be and..(trees, 'pa.,ticularly where they form a. J zer betty en`lant? use types es, should be r ed: 'p etas al.., Wask that you con.�ider these po!ic`ies then making; any'' deci:; ons regarding• the Fanno Creek Floodplain/GreenwaY. I r: 4 '...''.:. •"•••:c..i..1::.::[:,..•••••:....••••4:::.',I.':•••••':•••.' :.,:;"i, .'...,-. ; .',.'--:•;v-011\k17...\ . .. .i....., -.. •- ....... .1; : ;•:.• '...;.;.-.• I :::::'HH...;•-•:':..;',..'::.:'::,...*,',.!......'••••.';.:.:.:.....2..1...:.:). -- ,....;:.1..-,tle,%1\.. '.I'. ." * ', . • .:1'1....:•:: .......':;.-::.•: ..-. .•1 . ; C."11 V\,) * ..c.••-,,,t. N. • \ .. t It \�i 1B't r': ,..�>A'y. . -...'•' 'nu r '-- a' ....... . : . .. r.„,•98Z.:' . .• ' :"........i.,••,..: . ... ••••••,.•..okilt ,..-. - rotP. .. . .. ....:-..,............... ..:-.....-... .••• •. . . cii� v pt �"�ryrr aq 1 V V l it • , I • t r • 'i}Il;v" • • Jarluary 10, 1983 City of Tigard P.O. Box 23397 . ,'•1 Tigard, Oregon 97223 ' Attn. : Bill Monahan. ' � Confirming our phone conv: rsatiori 'regarding change of hearing date from January 24t.h, 1983 ti) February 28th, 1983 { The abotte date change is sa1:9.sfa:ctory to: me, F Sincerely, a • John A, Duncan •e11 �4 A•9 • .: L JAtDOO C1-1 MfOALLTb: 501:101alizing In #orr nulaiod ChtrSiCal " C5tla)�+8bb4 16055 8.W.74ril AUrvi1 t hoiRt'LAN "+C,7Fi Brg2 °.„.+ . it v/ ., i O. ,',•4 m • • NOTICE OF PUBLIC 'HEARING NOTICE IS HEREBY GTUEN THAT THE TIGARD CITY COUNCIL AT ITS FETING ON MONDAY, NOVEMBER 15 , 1982 AT 7:30 P.M s: IN THE LECTURE ROOM OF FOWLER JUNIOR HIGH SCHOOL, 10865 S.W.. Walnut, Tigard, Oregon, WILL CONSIDER THE ° FOLLOWING. APPLICATION; APPLICANT: cc'ohb & Janice Duncan OWNER: Same 16055 S.W. 74th Tigard, Oregon 97223 FILE NO M 2 -82 Jadco Chemical NPO if 5 AN APPEAL by. John Duncan of the Hearings Officer's denial of a sensitive lands permit request to excavate and fill within the 100 year floodplain. LOCATION: 16055 S.W. 74th Avenue (Wat.ttb. Co. Tax Map 2S1 13A lot 1500) . _ J No aw evidence or arguments will be allowed. However, parties are invited to submit written argumr..nts. only pursuant to Section 18: 84 , 290 (b) . Such argxnients shall be submitted to the City Recorder not less 'than five (5) days prior. to Council consider.- (See Maon R ation Mapeverse Side) THE PUBLIC HgARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITII THE s' RULES OF PROCEDURES OP TEE CITY COUNCIL m TESTIMONY MAY EE SUBMITTED IN WRITING TO BE ENTERED INTO IRE RECORD, FOR PtJTHER £NT`OEMATION, PLEASE CONTACT TEE CITY R.x.CclttD.E'R OR PLANNING DIRECTOR' ' AT: 639-4171 CITY Or TIGARD 0- 12755 S.W. ASH - TIGARD* OgEGON 97223 Corner Of Ash & Burntism • TO: CITY COUNCIL FROM: NPO :#5 RE JADCO CHEMICAL DATE: NOVEMBER 10, 1982 The NPO would like to make the City Council aware of our concen regarding the filling of the Fanno. Creek Floodplain/Greenway. ~' The Fanno Creek Floodplain/Greenway provides a natural buffer between the Industrial area to the East and the Residential area bo the west. The NPO #5 Plan (Ord: 77-69) addresses the importance of preserving this buffer by the following policy statements: Policy 4: Theplan is particularly concerned about achieving a comparability between the broad range of land us categories which exist in the neighborhood. This is especially inportant in relationship to the developing residential area west of Fenno Creek: The creek, the trees and other vegetation fr: ,nd II along it, provide an excellent opportunity to both separate and buffer the residential area from the industrial development associated with S.W. 72nd. Policy 5: B.) Provide protectiare buffers for residential areas by use of such natural f atures such as the Fenno Creek Greenway. Policy 6: In order to enhance the,,.environment of the residential areas, natural amenties such asFanno Creek anti its tributaries as well ms existing stands of evergreens, thickets of deciduous bushes, shrubs and trees, particularly where they form a buffer 11 between land use types; should be retained. We ask that you consider these policies whenmaking any decisions regarding the Fenno Creek Floodplain/Greenway: 9ITg\ \\ VIX-fil\ ' ." •-'' O 6: ip'liI', (ej ' ) ..6 , )? k' v 3.nI Gid �11' � - Elci _.._ ` � c'..., ._, -.N11 @eU rap l'''''',, AFFADAVIT OF MAILING t Jam. STATE OF OREGON ) . County of Washington. )ss. ; City of Tigard ) h "' • I, Colleen:Heard, being first duly sworn, on oath despose and say: pi That I am an Office Aide for. the City of Tigard, Oregon '. f,. That I served notice of hearing of •the i'. Tigard Planning Commission • it of which the attached is a copy (Marked Exhibit A) upon each ,of the following named persons on the ._. ��_ day of ., 1982, by mailing to each of them at the address ' shown on the attached list •(Ma-ked Exhibit B), said I', notice as hereto attached Jdesposited • in the United States Mail on { 1982, prepaid. • the S-1.4. day oiEv%�1).C-1 is It,1.�'A postage g :,. • . ..,,,,.24fi , • . . •'.., , . • ' . •i , • 1; \r "7ti, day before me on :the •,..-.../ f Subscribed and- • sworn to of No VervI to .4- ; 1982 ' • .. ,:.v :.: .. .. / ., • AAI //.. �, �. '0 t.• - �._. : . NOTARY PUBLIC OF OREGON My Comnt1;ssioi1`E1tpitps: -W . . s� UY OF T RID November 3, 1982 b' WASHINGTON COUNTY,OREGON 1 1 Mr. O'ohn A. Duncan Jadco Chemical Ltd. 16055 S.W. 74th Ave. Tigard, Oregon 97223 RE: Appcs T rf gearings Officer Case No. M 2-82 , , Dear Mr. Duncan, This letter shall serve as a reminder that your appeal of the findings of the Hearings Officer on Case No. M 2-82 will be heard on November 15, 1982 by the Tigard City Council. I, I would also like to draw your attention to Section 18.84.290 of the Tigard Municipal Cade which states that the Council review shall be limited (see copy attached) allowing for the submittal of no new information. My reference to this section is prompted by a statement in your October 19, 1982 letter which indicated your intent. to furnish additional information prior to this hearing. In accordance with the 'I t Alla a o 11112 znation w �be aC ted If you have any questions or need further assistance, please call 639.4171. Sincerely, lliam A. Monahan Director of Planning & Development WAM:dmf i = 127'65:sw,ASH Ro ,00X 23397 TIGAriD OREGON 97223 PH:939-417i —, • • �.o. / . • j; • � act o • - • ,„„. ), • " October 1y., 1982 ToPlanning Director City of Tigard • From: John A. DunCan Subject: Appeal findings of hearing officer case No. M-2-82. Decision rendered October 7 , 1982. \• Please process my appeal to be heard after inconsistencies Within the Connrehensive Planphave been effectively refined and clarified. ,Reasons: a. We are not affecting flood plain. { b. Findings of hearing officer based on a document that at best is inconsistent and not in accord with pending comprehensive plan. c. Confiscation of property without due process. d. Land 400 feet west of subject property owned by applicant is more than adequate for future greenway. e. Staff, after thorough roview of facts, recommends • approval. • Additional information to be furnished prior to appeal hearing. • Enclosed please find the applicable Appeals Fee: • Sindeeely, • • 'ten A, Duncan. • • • • JAt CO CHEMICAL LTD. Jpealeliztn0 to Porroillated Chemicals" • 16056 J.W.74th AVENUE Pt)PITI-ANO,oR 57728 • RD WASHINGTON COUNTY,OP 3ON' • October October- 15 1982 MEMORANDUM TO: .. Affected ;Property Owners FROM: Wil. • �i.am A: Monahan, Director of .i'�aaaning & DevelopAent�e� SUBJECT: Durham Island Annexation -.'.Zone Change (ZCA, i-82) • Required action by the Tigard City Council to revise: the zoning designation for the Durham Island Annexation has been postponed from October 25, ;1982 to January 24, 1983, This action is required since the City's revised comprehensive plan inroot yet completed he issue of which zoning id proper fir t e a,ove came. area ras not adequately bc}n addressed or resolved. :.. Therefore., at this time the City cannot hold an adequate public hearing to :determine the appropriate tote for trine area. Please be advised that the Tigard City council will hear this issue at a. public hearing on ,Monday, January .24, 1983 at 7:30 P.M. at Powler Junior High School, 10865 SW Walnut Streets `Tigard, Oregon. Please. note that this is the only Written notice that you will receive •. or this tearing. There will, however be a public notice publicized in the Tigard Times at least ten days prior to the January 24th nearing. WAM[,'1h • �15H F`,(�.H��i8go7• `fiGAFtb,ORC'6QN 9723 PH:630,4171 .:.. ._ ,.. :.; .:.. ... .,.... :..MJ,'...F iM/.e..:+fie. '•...... ...„ .. _.. BETE IB,O,NT ATTOR.NEYAl LAW 2437 Pacific Avenue, Forest Grove, Oregon 97116 Telephone (503) 648-1387 99 October 7, 1982 Liz Newton Tigard Planning Department 12755 SW Ash t Tigard, OR 972231. Re: Hearings Officer Order M2-82 • Dear. Liz: Attached please find my final Order, including ] indings and. Conclusions, in the above-referenced matter, Also attached are all of the exhibits z received during the hearing. Please submit this to the City Recorder for filing. Very truly yQ s, .T11. BLOUN"I' `Hearings Office:; L • BB/dem ° dIknis Pill • i4 ' ` CITY OF 'TIGARD m r ,q i r r j rn:< - e " is 1. J WASHINGTON COUNTY,OREGON NOTICE OF FINAL DECISION OCT: 8 1`... ; ' . b HEARINGS OFFICER. iriacl:„I'c.0 Erglrlt:r.r„if,.: �atei 1. The final decision was filed by: • Concerning 2 `M 2-82 on October 7, .198 • Case Number . . Date — 2. Name of Owner: John & Janice Duricari a. Name of Applicant: JA.DCO CHEMICAL/John & Janice Duncan Address 16055 S W 74th Cityl'igard State Ore • 4. Location of Property:. Address 16055 S.W. 74th Legal Description 2S1 13;A tax lot 1500 Nature of Application Sens i Live Lands Permits . as 6, .Action.: 1 Approvalrequested Approval with conditions r-R-1 Denial i Fill shall be removed no later 1-1 ember _15.. 1 7..; Notice: *Notice was pu .lished i^ the newspaper was mailed to: ' Ei Theapplicanti& owners Owners of record within the required distance , x 1 The affected Neighborhood Platinir,g Organization r y [___] Affected governmental agencies s *If there are questions regarding the names of the persons or agencies who , received notice, this information is available at the Planning Department, S. Final Decision: The adopted findings of fact, decision, and stateme ' - ent of condition can be obtained from the Planning Director, City of Tigard;° City Hall, 12755 SW Ash, Pyo. box 23397, gar Oregon 97223° In the case of a decision on an application fora variance, the applicant Ti a must acknowledge this form and return it to the City of Tigard, Planning Director, before any building piermits will be issued or engineering approval given. 3 • Signature or Applicar . or Applicant's Agent Date ir 9. Appeal: An appeal has been filed [X I has not been filed. a Note: Any party to the decision may appeal this decision in accordance : with Section 18.84.250, which provides that a written appeal may be filed within fourteen days after notice is given and sent.; Notice is given on October 7, 1982:', therefore the deadline for filing of an appeal is October 21, 1982 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639-4171 . 1i • • • • : n .. �: BEFORE THE HEARINGS OFFICER FOR THE. CITY OF TIGARD IN. THE MATTER OF THE. APPLICATION FOR ). A SENSITIVE LANDS PERMIT TO FILL AND ) No LANDSCAPE PROPERTY WITHIN THE FLOOD- ) M 2-82 PLAIN OF FANNO CREEK; John and Janice ) Duncan, applicants. ) The above-entitled matter came before the Hearings Officer at ''the regularly scheduled meeting of September 23, 1982, at which time testimony, evidence and the, planningdepartment staff report were recirved; and The Hearings officer' adoP is the fiiding s and conclusions as set forth on the atached which 'is incorporated, by reference herein and marked Exhibit "A'' ; therefore IT IS HEREBY ORDERED: • • M 2-82 is denied. The applicants' shall remove all fill material deviously placed within the flood plain of Fanno Creek • no later than November 151 1982. Dated this 7th day of October, 1982. HEARINGS OFFICER. ( APPROVED: • Z1 { B • .T • CITY OF TIGARD FINDINGS AND CONCLUSIONS OF THE HEARINGS OFFICER S. 1 File No.. M 2-82 ApplicantsJohn and Janice Duncan • ` Proposal: To fill and landscape a portion of the Fanno Creek i ; floodplain, for future development of a building. Date Application Filed: Decision Rendered: October 6, 1982 Last Date to Appeal: October , 1982 Staff Recommendation: Approval, with conditions Otaff Representative: Elizabeth Newton Public Hearing: A public hearing was held in the conference room of the Durham Waste Treatment Plant, Tigard, Oregon, on Thursday., September. 2.3, 1982, at which time the matter was taken under ad- . visement for a written decision. Speaking .in Support_ of the Request:: (1) John Duncan (2) Cave Larson (3), Eob Bledsoe Speaking in Opposition to the Request: (1) John Schwartz (2) Clifford Speaker (3) . John John Havery (4) Bob Bledsoe Exhibits: (1) Staff report (2) topographic map withr. ecross sections of site (3) Tigard Plantin. Commission mo FINDINGS A. Subject._ Propel ty 1: Description: Tax Lot 1500# W(CTM 2S1 13A, City of Tigard, Washington County, Oregon, containing approximatelY 649 acres. • 2: Location. The property is located on the northwest side of S.W. 14th Avenoe, inor theist of Ditham Road. 3. Zone c M-3 Dight Ixidustrial; Greenway Page Two John and Janice Duncan M 2-82 4. Comprehensive Plan Designation: Industrial and Greeff way/ Open Space 5. Site Description: There is an existing warehouse on the site which occupies approximately 1/4 of the total land area. A little more than 40% of the property lies within the 100 year floodplain of •Fanno Creek; the property slopes toward. Fanno Creek. Vicinity Information: m e pro erg to the northeast and south is develo,•ed for n 31stral uses. f The western portion of the property is within the 100 year floodplain of Fanno Creek. The property west of the greenway is currently designated urban low den- sity residential and is partially developed. C. Public Facilities and Services: The provision of public facil- ities and services is not relevant to this application as nO developmant is proposed at this t�me. D. Applicable Ordinances and Plan Cottsiderat:ions The application is controlled by the comprehensive plan for the, City of Tigard, adopted in October, 1971, but ,not _..e ac snowledc tq by the Environmental Design and Open Space Plan •- the indus- trialadopted in August, 1977, ,1,x..1 .°t S G. .3 ; trial ,and parks and open space sections of the plan adopted by NPO #5r Section 18. 57 of the Tigard Municipal Code' and applicable LCDC Goals. The provisions of the Tigard documents • are incorporated by reference herein. The comprehensive plan for the City of Tigard contains the objec4;ive to "utilize the natural dra:inageways provided by Fanno Creek. . . as the basic element in a system of connecting open spaces." (Objective 1, page 51) . It also states that the :greenway. system will " (a) tie togethler recreation areas, schools, and their service areas; (b) provide protective buffers between incompatible land uses; (c) reduce flood hazard b restricting development along natural drainagewayS; 4 . . .. (f) preserve the amenity of the area. " (Ub7ective 3, page 51) , ;o The comprehensive plan for the City, under the policies and • - .standards section provides that the City� «. ,ahould "Preserve natural drainageways by .� prohibiting development that would obstruct the flood plain. . . " (Standard 2,page 51) , but then states in a subsequent standard that the City should "Encourage developers on both sides of Fanno` Creek to con- serve all trees within 50 feet of the adjoining bank. This • q Page Three ; John and Janice Duncan M 2-82 will create a physical buffer over 100 feet wide (including the creek channel) to separate potentially conflicting land uses lying on opposite sides of the creek. Since the 100- year flood plain ranges from 10Q to 800 feet in width along the creek, the buffer will not upsurp [sic] land that is suitable for development." (Standard 4, page 52) Standards 2 and 4 seem incom.atible on their faces one suggesting that the flood lain should be retained_ f � pace, and the other su estin that only a buffer o�1-�j�~ feet should beretained, so land "suitable for development" is not usurped. Unfortunately, Standard 4 does not define some of the key words used to describe the Fenno Creek urea,' such as "adjoining bank" or "creek channel". Those words have specific meanings in most flood pain ordinances, al- though they are not defined specifically in ordinance 18. 57 of the City Code. However, in 18.57.020 of the Code, under the definition of "flood", "stream channel" is used to mean that area carrying " the "normal flow of water distinguishing that area from the area that floods periodically. If one uses that definition, reading Standard 4 of the comprehen- sive plan, only a buffer. of 100 feet, plus the channel width of approximately 5-104 would constitute the only buffer between the industrial zone and the residential zone R,n this area. The balance of the land (on either side) ` could be filled and used for development, so song as the storage capacityy floodplain, wereflood, lain and the carrying capacity of the floodplain,r P , f in 18.57 of the Tigard Code. preserved under the guidelines set forth However, in 1977, the City of Tigard adoptedr theEnvironmental Design and Open Space Plan for the City. Phat document re- cognized that " ` 9 �w]hile Tigard is fortunate to have a viable t ein o emnt p y [sic] base in the form of industrial and commercial businesses, it is fundamentally a residential community." (p. 12) i . I't goes .on to say " fa] residential environment calls for a pleasant, relaxing atmosphere. The community design then, should include those aesthetic and natural features considered Complimentary to a desirable living environment. One of the key features is the maintenance of a sense of openness. Open space not only provides visual relief but also recreational opportunity. Therefore, one of the objectives of this section is to ensure that a full complement of open P P ri space, in both large and small reserves, is L provided as future development occurs: Once again, nature provides the essential ingredients, as well as a development guide. Fanno Creek and its tributary system provides " � an excellent opportunity for linear open space, linking the entire community to ether. "g (p. 12) Based on those conclusions, the city adopted Policy 7, : which states: Di,,,,e6,12.4?4,0,44 4 01-e:0-4-04-442° Page Four .:•: ,. a.�,. John and Janice Duncan M 2-8L • Retain the 100-year flood plain of Fanno Creek, its tributaries and the Tualatin River as an open preserve (Greenway) . Tx Greenway shall be estab- lished as the backbone of the open space network and when a direct public benefit can be derived, i.e. , adjacent residential development, the Green { way should be developed for passive recreation and pedestrian/bike travel. Today. -here is a�marke .an e in attitude, generale , about !,( encouraging inaustriai developm-' , o "ee n��a - �e cost orTEFgr more intangible benefits. In fact, that attitude may be pre- is not reflected in the adopted documents of the City, • valent in the Cityof Tigard. However, attitude particularly the .Environmental Design and Open Space Plan,which must guide this Hearings Officer's opinion. From the adopted. documents of this City, it is apparentthat the City has made a choice: keep Fanno Creak flood plain as open space, in its natural ' . : state, and allow only passive recreation and pedestrian/bike travel uses within its boundaries. While the apica�t , „� e- c,:f in hin', technicll ..,. ill co��ld safel be establ�.s a , .� . _ laced Within t.ge : Zaire wit111°I'�. reducink"Ir°r,,Lying -capacity, or storage capacity of the oo plain, his appli= cation contravenes the policy already established by this City of Lo development within the flood plain of Fanno Creek. Tlanrspeak4sltethegtechnicalEnvironmental of conside:2ingr,deOpen elopmentSpace Plan speaks to in Fanno Creek. It states, in part, " (i1nthe process of eval uating the plan area for flood plains and wet lands, several informational problems were identified: 1. Discrepancies were found between calculated flood elevations and their demarcation on the official maps. 3. Lack of distinction between the p floodway (area of . fastest stream flow)' and. the flood plain fringe. 4. Lack of reliable hydrologic y � gic data regarding flood levels expected from future devc..lopment.". (pages 9-10) ;i • Inp to those problems, Policy 2 was written, stating: "The City "Thity shall initiate a cooperative, interauriSdictional ' _ x. water shed, storm drainage and flood plain management study of the Fanno Creek basin, and establish restrictive interim standards for development until Sufficient data iS available to set standards at identified levels of adequacy. Interit standards shall limit the rate of runoff and erosion caused i Page FiVe john and Janice Duncan M 2-82_ by a development both during and at completion of construction, as well as development in all flood plain and wetland areas identified in the physical inventory." That study is underway now, as a cooperative effort with the Cities of Beaverton and Tualatin, and with Washington County. Perhaps after that study is completed, the City will: consider a revision to their current policy to preserve Fanno Creek flood plain for recreational purposes. But that possibility is not before this Hearings Officer. V AS the application fails to meet the standardsandpolicies pF � ; of the various plans of the City of Tigard, the Hearings Officer ' has not addressed the LCDC issues which may. be relevant. CONCLUSIONS: : 'Theawap2lication violates t e oolici s_,, , ...tA�e., ,gs1p e P° 5. Plan of the citt of Ti and and, thee Policies of the Environmental , / , i ga arnd g21.H ce Plan of the City of Tigard. RECOMMENDATION Denial. The applicants shall remove all fill material pre- viously placed within the flood plainof Fanno Creek no latar than November 15, 1982. Dated this 7th day of October, 1982. HEARINGS .fJPF CFR ,.- 4°IPPFF ' / 1/2//' "%, BETH BLUNT ii l 1 C : II ' ct , F. .w CITY OF TIGARD, OREGON aNOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE CITY OF TIGARD'S HE�'\RINGS OFFICER, AT A MEETING ON _ September 23 , 1982 • ,Arl, i :00: 'P.M. , . IN THE CONVEP ENCE ROOM OF TIS DURHAM WA..)TE TRE71TME 1T PLAN, CORNER OF S.W. HAIL BLVD. :AND S.W. DURHAM ROAD, TIGARD, OREGC,TT, WILL CONSIDER THE : • FOLTAWING APPLICATION: FILE NUMBER: ,M. 2-82 ' 'NPO #: 5 APPLICANT: John & Janice Duncan OWNER: Same '16055 S.W. 74th I Tigard, Oregon 97223 , REQUEST:. A request by John & Janice Duncan for a Sensitive Lands Permit to include landscape and fill within the floodplain, for Futuro development of a buildingcaping. ar.id lands Property is located at 16055 S.W 74th (tiICTM 251 13A 1.ot 1500) . (See location map on the reverse side) THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITki THE RULES OF PROCEDURE OF THE'HEARINGS OFFICER. TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD, PLEASE CONTACT THE PLANNING DIRECTOR . ✓' AT 639-4171 FOR FURTH8,R INFORMATION. TIGARD"CITY HAIL IS It ATED AT! THE 'CORNER OF S.W. ASH AND S.W. BURNHAM STREET, 12755 S.W. Ash Avenue,; Tigard, Oregon 97223 • • 0'1172111 ..1_7=11—j:9 '•'. gf;, • ® • . r ro ,....„.1 ai ,, 40‘.,,o1 i0. 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H 't.' , . . . - , = Mt, ,,„••4,44*:/ , if . . . . . r_- 72 i*aiI , ) .1 .L , *4" $$lIfttII `•�iw.-'■ RIsIs■■smisiaU' r', s s Cp . - r w 'Iliat r • Ars T i •:: I • 17/71 H "rid .. -.- a, A-3 .tura .. avpw T L 1 . . • 1 di ® 1 I. is i \ r , 1i . '... — —`✓ f y, r aj . i. • ' .. 'S yh :- _ / 4/1( r, 6 '?-* �REC IVE bte ,� AGENDA TIGARD HEARINGS OFFICER SEPTEMBER 23, 1982 7:00 P.M. Durham Treatment Plant Corner of S.W. Durham and S.W. Hall Tigard, Oregon 97223 1. Open Meeting 2 , Pu it iC HEARINGS 2.1 Senstive Lands Permit M 2-82 JADCO CHEMICAL NPO # 5 3. Othar Business 4 . ,Ad j ol:rninent i'. P". L,:., i STAFF REPORT AGENDA ITEM 2.1 CITY OF TIGARD HEARINGS OFFICER SEPTEMBER 23, 1982 7:00 P.M. DURHAM WASTE TREATMENT PLAT'`T - CONFERENCE ROOM Corner of S.W. Durham & S.W. Hall Tigard, Oregon A. FINDINGS OF FACT 1. . GENERAL INFORMATION CASE: M 2-82 Sensitive Lands Permit. REQUEST: For a Sensitive Lands Permit to include landscape _II- Y and fill within the floodplain, for. future development of a building and landscaping 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 5 of the staff report. APPLICANT: John & Janice Duncan OWNER: Same 16055 S.W. 74th Tigard, Oregon 97223 LOCATION: 16055 S.W. 74th (WC'r'M 2S1 13A lot 1500) • LOT AREA: 69 acres 'PRESENT ZONE DESIGNATION: M-3 Light Industrial NPS COMMENT: No comments from NPO # 5 had beiyn received at the wx: .ing of this report PUBLIC NOTICES MAILED: 18 public notices were mailed to • surrounding property Owners on September . 13 , '1982, One written response was received and is attached as Exhibit "A".. 2. BACKGROUND On July 21; 1582, the Public Wor.ks Dire.10tor wrote a memo to the City Council which is aftachtd as Exhibit "B": The owner had filled in the floodplain area of his property without a Sensitive Lands Permit. A Sensitive Lands Permit was filed on September 7; 1982, 1 • RE ' STAFF PORT M 2 PAGE 2 3 . VICINITY INFORMATION The property to the northeast and south is developed for industrial uses . The western portion of the property is within the 100 year floodplain. Fanno Creek runs southerly through the property„ All of the land within the 100 year floodplain is designated • greenway/open space on the Comprehensive Plan. The property west of the greenway is currently designated urban low density • residential. • 4. SITE CHARACTERISTICS There is an existing warehouse on the site which occupies • approximately 4 of the total land area. A little more than 40% of the property lies within the 100 year floodplain. The property slopes toward Fanno Creek. B. APPLICABLE LAND USE POLICIES AND STAFF ANALYSIS 1. LCDC` GOALS AND GUIDELINES a. Citizen Involvement T The intent of this goal is to insure the opportun :y for citizens to be involved in all phases of the planning process. Owners of record within 250 feet of the site were notified by mail on September 13 , 1982. In addition, a legal notice was published in the Tigard Times on September 9, 1982. b. Land Use Planning - All applicable LCDC goals and guidelines, NPO # 5 policies and Tigard Municipal t . Code sections have been considered in review of this application. c. Open Spaces, Scenic and Historic Areas and. Natural Resources - The intent of this goal is to protect land which may have a value as open space, historic >' natural.or resource There are • to beconsideredin review ofthisgoal. The resources applicable to the applicant's proposal are as follcvs 1. Land needed or desirable for open space; a portion r - of this site is designated greenway on the City's adopted Parks and Open space Plan. Thereis a bike path proposed for the greenway in this area ' but no other gri ,.'nway uses are proposed. There• i. is 100 feet of greenway between the residential lands to the west and the area the property owner has filled: :`. STAFF REPORT M 2-82 ( Iii PAGE 3 �` '1.,, 2. Water areas, wetlands , water sheds and groundwater • resources . A portion of the property lies within the 100 year floodplain of Fanno Creek. The applicant is proposing to remove approximately 850 yards of earth sloping to the 100 year floodplain : • to mitigate the fill which will allow for construction of a new building in the future. Section 18.57.070 of the Tigard Municipal Code adst °esses standards for reviewing proposals to cut a ..id fill within the floodplain. d. Areas Subject to Natural Disasters and Hazards - In the ` case of this site, flooding is a concern. The excavation, proposed by the applicant will be done to meet the re- quirements 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 of the floodplain area or raise flood surface elevations or adversely affect flow direction on upstream or downstream properties. e. Economy -- The purpose of this goal is to improve and encourage diversification of the States economy, q Economic growth and `expansion of existing businesses should be encouraged by the City. However. the benefits ' of encouraging business expansion in this case needs to ' ! be weighed against the effect of the applicant's proposal on the floodplain and flood control measures. f. Public Facilities and Services - The in':eit of this goal is to insure the availability of public services to developing areas . Sewer; water, and storm draivage are available to service the site. Specific locations`will be addressed at the time furture development occurs. 2 APPLICABLE _ NPO..4 5..;POLICIES, POLICY 22. The industrial portion of the NPO is seen as an il economic asset to Tigard community and land urge decisions which affect this area mist be judged according to their economic implication. 3. APPLICABLE POLICIES FROM FIN 1ORWMENTAL 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 gradutated development restrictions according to the distinct characteristics of the constraints and anticipated limitations. A 'portion of the site is designated greenwaY;_floodplain and is Fubject to requirements under Chapter l8.5/ of the Tigard ZoniPg Code. STAFF REPORT M 2- • 1, PAGE 4 is Policy 5. The City shall adopt an ordinance to regulate the removal and/or replacement of existing natural vegetation in designated areas, e.g. floodplainb , drainageways, areas of high visibility, unique habitats, or rare species. Significant trees or stands of lumber shall be protected. Chapter 18.57 of the Tigard Municipal Code regulates activity within the floodplain. 4 . APPLICABLE POLICIES FROM THE TIGARD MUNICIPAL CODE Chapter 18.57 Sensitive Lands P a. 18 .57 .010 Statement of Intent - The floodplain district has for its purpose tb . ,preservation of natural water storage areas within tte floodplain district by dis- • couraging or prohibit..c incompatible u.se:s b. 18.57.040 Uses and Activities allowed with a Special 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 new fill and excavation proposed by the applicant will alter the topography of the site. c. 18.5'7.050 Special use Permits - The applicant has provided the staff and Hearings Officer adequate in- formation to make a decision on the proposal: Application special Standards - (a) A pp for a use permit in floodplain areas shall be granted or denied in accordance with the following standards. (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 flood surface elevationor flow rates, or adversely affect f owdirection on upstream or downstream icler.ties , or create a present or forseeable. hazard. to public health, safety _aid general, welfare • The applicant's narrative (Attached Exhibit "C") addresses standards required for action on a Sensitive Lands Permit to allow fil ,' and excavation within the 100 year flood- 1 '': plains The City Engineer has reviewed the applicant's t narrative» His comments are attache: as "Exhibit "D" - 116. y Engineer City's "zero C that the proposal ai floOdway ordinance Briefl , the City En te Caineer finds isconsistent with foot" and that any change in direction of flow are not detrimental to the health, ` safety and welfare of the public and will not adversely affect upstream or downstream prcper'hies. .. ✓;.m. ....._...:a. _ _ , n: ...... n ^:. awn.,.. ewe j:.if .. STAFF REPORT PAGE 5 • 5. APPLICABLE OREGON REVISED STATUTES SECTIONS, staff has attached applicable ORS sections to this report (attachment "t") C. STAFF ANALYSTS AND CONCLUSIONS After careful review of the technical data su'.Dmitted by the applicant, it is the opinion of the City Engineer and staff that the fill presently in place, if offset by the excavation 1 proposed by the applicant, does not violate the intent or purpose of the fioo6plain district. Further, 100 feet ofogreen- way/open space buffer will remain between this site and the . land designated single family to the west. It is staff's ' opinion that 100 feet :is adequate for the purpose intended for the Greenway. The ,applicant's proposal will not reduce the capacity of the floodplain area, raise the flood surface f elevations or flow rates, adversely affect flow direction or create a hazard to public health, safety and general welfare. Remaining issue regarding this proposal involves the Greenway Bikeway System. In accordance with the adopted Parks and Open Space a bike pith is to be constructed along Fanno Creek within tho Gr enway area. (see attached map Exhibit "r" . ) When development occurs adjacent to greenway area, it is the responsibility of each property proposing development to complete their portion of the Greenway Bikeway System, or at a. minimum acquire an estimate for the construction of the bike path and submit a deposit to the City to cover the cost of construction. Staffrecommends approval of the Sensitive Lands Permit allowing the new fill to remain and permitting the excavation as proposed with the; following conditions: 1. A soils investigation by an approved soils engineer of the area to be filled shall bP made before and after thefilling and excavation occurs. 2. The material used for stream bank protection .shall be as required on attached plan from the City of Tigard Drainage Plan. (figure # 6.1) The rip rap shallgo in prior to November 15, :1982 3: 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. t STAFF REPORT . PAGE • 6 Conditions continued: . 4 . . ;, plan showing •the topography of the entire site and • potential areas of cut and I:1114, if any, as a guide for determining Greenway boon arie$, shall be Submitted- prior to permit approval. 5; The applicant shall construct a. bikeway to City standards the length of subject property, to meet the approval of the City Engineer: or at a minimum the applicant shall submit to the City an estimate for the cost of construction for the• bikepath and a deposit to cover those costs. • Should the permit not be approved the new fill shall be removed pp prior to November 15, 1982. { r a '1'1. ...-.....(..--,,....,./(.014. d , 16P `- PRP• f D BY: Eliza•eth A. Nevtfeh APPROVED BY: William A. Mo* ,- -n Associate Planner Director of Planning and Development ;. A'� REVIEWED BY't Frank A. C rrie Public Works Director 1 14. TRANSCRIPT OF HEARING BEFORE CITY OF TIGARD HEARINGS OFFICER September 23, 1982 - 7:00 p.m. Durham Waste Treatment Plant Conference Room Corner of SW Durham Road and SW Hall Blvd. Tigard, Oregon , Re M 2-82 Sensitive Lands Permit - Jadco Chemical `` Present as Staff Beth Blount, Hearings Officer, City of Tigard Elizabeth Newton, Associate Planner, City of Tigard Note: The Hearings Officer introduced herself and Elizabeth Newton. She referred to the writtenprocedures for the hearing, • and set forth the procedure to be, followed. She ascertained there were no objections by those present to her hearing this case. Newton: This is a sensitive lands permit request to fill within the floodplain, including landscaping, for future development of a building and landscaping. The applicants are John and Janice Duncan. The property is located at 16055 SW 74th in Tigard; it i5 6.9 acres, the zoning designation is M-3 Light Industrial . We received no comment from NPO 5 at the writing of the staff report. We mailed 18 notices, and one written response was received. On July 21 the Public Works Director wrote a memorandum to the City 1, Council which is also attached to the sta..ef`report. The owner had filled in the floodplain area of this property without a sensitive lands permit. Since then a permit was filed with the city on September 7, 1982. Based on staff analyses of the technical informa- tion .supplied by the applicant and site inspection, staff recommends that the hearings officer approve the sensitive lands permit with the conditions listed with the staff report. • The staff has applied all applicable LCDC goals, NPO 5 policies policies from the invironmental design and open space plan, poli- cies; from the sensitive lands chapter. of :the Tigard Municipal Code, and we can go over the condi tioue Blount: (. : . .Suggesting she do so.. ..) Newtont Okay. Staff recommends approval with five conditions. The conditions are: 1. A soils investigation by an approved soils engineer of the area to be filled shall be madebefore and after the filling and excavation occurs. 2. The material used: for stream bank protection shall be as required on attached plan from the City of Tigard Drainage Plan. The r'iprap shall go in .j�rior to November 15, 1982. r, ° 1- a' TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Sept. 23, 982 Newton: 3. All lands remaining in the 100 year floodp"ain shall be '. (Cont.) 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. 4. A planshowing the topography of the entire site and poten- tial areas of cut and. fill , if any, as a guide for determining Greenway boundaries, shall be submitted prior to permit approval. 5, The applicant shall construct a bikeway to City standards the length of subject property, to meet the approval of the City Engi- neer; or at a minimum the applicant shall submit to the Cite an estimate for the cost of construction for the bikepath and a deposit to cover those costs Hiount: 1 have one question on your recommendations, recommendation on Condition No. 1. What are you accomplishing on the soils investi- gation -- do they want to know whether the fill is solid? ' Newtott Yes, for future building if there is to be a building placed on the fill. And the before would be only in the case of the excavation that is to occur: Blount: But your goal in the soils investigation is to make sure that it is suitable for a building;' Newton: Yes. : Blount: All righty Are there any questions that nerd clarific. .on regarding the staff report? This isa time for questions,. not testimony. Nuttceni: That engineering report that you anticipate on the sensitive lands fillpermit and the etiga.iieering report wit. follow? Newton: The engineering report' would be filed aftev the permit. Blount: Again we are talking about the soils report? Is that what you ere talking about? Any other questions in clarification? Okay. Then I will open the public portion of the hearing, and. I will ask either the applicant or his representative. Duncan: I am John Duncan. CWrote out his name, and address.) I amt d,hn Tu•noan, and I am the property owner at 16055 SW 74th the history of what happened, I did put the fill in, and I had advice from certain people which didn't turn out to be correct After I did. this I found I 'heard from the City of Tigard. They ' said I had to file a permit for this, and when 1 heard from then I merely had the people stop putting the fill ±tt1 I fuif;�wiled the -2y I I ; TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept. 23, 1982 Duncan: request of the City of Tigard, and I hired McKenzie Engineering, ' (Cont.) Dave Larson, to do the work after the fact. And that's where we are at. As far as going over this stuff right here (referring to conditions): No. 1, you know, that's fine, the soils investigation . . . check on thematerial used. Going on to No. 2. The thing that I ' wouldlike to delay is item No. 3 (dedication of floodplain). Blount: You just want to delay it? Duncan: No, I would, you know, go along with this at the time we are ready to put up .a building or do something with the property. Blount: Well, you are doing something with the property now: you are filling. Duncan: Right. Blount: But I guess I need some more information why you would like No. 3 waived. Duncan: I just don't think this is the proper time toturn something like this over to the city. Blount: Why not? Duncan: Well, (hesitating) I just feel that when the time comes that I do want to do something --- Blount: -Blount: What's the difference, Mr. Duncan What's the difference between ' giving. it to the city now, and giving it to the city at the time you want to build, a building? You are still giving it to the .ity. Duncan' Well, the thing of it is, you know, they might have, when it comes time that :t do, you know---when I do, if I do, want to put up a building, they might have some other conditions. You know maybe I could use that property for negotiating when I put up my building of do something, maybe foz landscaping of something like this, and use this as a trade off. (bong pause:) That, basically, is what -- Blount: You: don't have any objections to 4 and 5? Duncan: . 'Yeah, let's see here. Four, I don't have any objection to that. No. 5, as far as -- again when the time comes as far as, you know, i putting the bike path and stuff, I don't want to put up any :money tight now, but when the time conies to put a bike path up, I will have the money to pay for it. The reason 1 don't want to do it at this particular time is due to economic. conditions. That's basically what --- --3- 11 TRANSCRIPT OF HEARINGS. OFFICER HEARING Jadco Chemical Sept. 23, 1982 Blount: All right, thank you. Anyone else wishing to speak in favor of the application: Larson: My name is Dave Larson. I represent McKenzie Engineering, Portland. Regarding Condition No. 4, it asks that further information be provided on the ,entire site topography, and then also an idea of what the ultimate development of this side of the creek would be. At an appropriate time I wouldlike to submit this. ,; . Blount: Okay, you can submit it; but I amnot a qualified engineer to approve whether this meets city standards or not, so -- Larson: Frank Currie asked tha.t .1 generate this and have it available. Blount: Okay, that's fine. Okay, why don't you -- Just let me mark this. Are these three copies all the same thing? a Larson: ,A11 the same thing, Blount: Okay, I will mark this as Exhibit 2. Exhibit 1 tonight is the Planning staff report. So this is the topographic map? A side view cross sections. Okay. Existing warehouse, here's the creak, - top of the cut, tope of the slope, top of the slope. Okay. /Jut 11 you have not shown any proposed building sites here Larson: At this time the applicant came to us merely to satisfy his require- tent by the city to resolve this matter in the most expeditious manner. He represents that there is no immediate plan for a •building, and that at some time in the future he --gill be approaching the , city for appropriate permitswhen planning the building. Blount: Al.l right, thank you. Larson: . 1 preserved the work art this,, if there are any questions. Blount: Thank you.` Anyone else wishing` to speak in favor of the application? Okay, I see none. Those in opposition? Okay, come up front:. Your name is Schwartz: ."John Schwartz (wrote it out). Okay. It's not that I am personally against a person developing their awn property as they see fit. 1 am very sensitive in thatarea myself. However, I reel that possibly the Hearings Officer should have a little background ;� knowledge of how this hearing came about tonight. Blount: Okay) wait a second. Let ane state something for the record he"-e . that will put this all in context. I realize there is a substantial amount of unrest about the fact that fill occurred before the permit application. I donot consider' that particular sequence of events in •4 . .. _ ._...... . a .. m j ° • TRANSCRIPT 01? HEARINGS OFFICER HEARING • Jadco Chemical Sept. 23, 1982 Blount: determining whether in fact a fill should be on that site or not, (Cont.) because theoret call.y we could refuse to accept an application, r he could remove all the fill, turn around and apply, and we would have exactly the same data before us that we are going to have before us tonight. So I am considering this application as if there is no fill on the property, and I am considering the engineer :ing data that's available, both regarding the fill and the need of protections for the fill to see whether it falls within the criteria of the sensitive lands permit. So, keeping that in mind, rind the • fact that I am aware of the sequence of events -- okay? Schwa.rts I happen to own a piece of property lying not adjacent to this property, but on the Otrip Biouttt Are you across Panno Creek? Schwartz: I am across Fenno Creek. I live on 76th. All the property. on 74th is zoned commercial or industrial. I have a couple of concerns on this in the fact that other sensitive lands permits have been denied due to the flood plain issue, and I believe this is by the County some time ago.: Allowing all the commercial to fill in to the property lines would basically abut . could abut industrial Properties: directly up to residential which borders, and in some cases the property lines cross the eveek Do you follow :me? Blount: No, I. am afraid I don't. 'Lou are suggesting that on your side of the property -- on your side of the creek where the property is zoned commercial -- Schwartz: No, it is residential. Blount.' Oh, I am sorry--resid _ l ental, Where is the commercial property? This is zoned industrial. Schwartz: Thatts right, The property;-- get a map -- (rustling of papers) Newton: We are down here on the creek, and Mr. Duncan.'s property is on this side Schwartz: Okay, the property lines basically conic right down the center here. Okay, A corner of my property happens to be on the opposite side,z theindustrial aide of the creek; the property is zoned indusitr4alY NOV if it is a habit that we are going to allow treseand�ills into the floodplain, joining that up y then we are joining up and abutting up agsust a residential property directly adjacent to industrialproperty, and which the Tigard Planning staff themselves •7 C. TRANSCRIPT OY HEARINGS OFFICER HEARING 'i ,Tadco Chemical Sept. 23, 1982 Schwartz: have attempted or supposedly have attempted to put in some kind of pP y a buffer zone between zoned residential and industrial. Blount: Okay. It is my understanding -- and let me just see if you knew r this -- that between the edge ,of the developed industrial land and your property there till be a greenway buffer on this side of it -- that's what Mr. Duncan was asking that I waive right now was that particular greenway buffer, and that is -- do you know how wide, it is, off the top: of your head? Newton: :Approximately 100 feet, Blount: Appro3mately 100 feet wide. f. Schwartz: On that particular property. Newton: Or that particular. property. Schwartz. Okay; but what about the rest of the property? « Blount: I can' t consider the rest of it, T don't have jurisdiction over the rest of it right now. All I have got is jurisdiction over this particular piece of property. Now do you know the city policy on that -is there an established policy? Newton: That's what the greenway policy is for. There's the greenway policy and the floodplain situation, and this staff report attempts to r outline concctns both dealing with the floodplain concerns. There / n is a policy in the city now to leave a greenway buffer between , commercial and: residential, or industrial and residential. Blount: And that's part of the comprehensive plan? ' Newton: Yes; it is also part of the Code. Schwartst The comprehensive plan at this time is not complete--it is being developed. Blount: But,it is also part of the Codes Schwartz: That could be. Also in a letter to the oc ty y ccouncil,on duly staf�f2repc r� from the staff, whet originally this p to the council at that time was that the permit would require to . consideration « « on. behalf or the property owner I give us information necessary toeuate thenthe estent.ofl e inotmpact on the floodplain, floodway, greenway eel that it is proper togive this sensitive landfill permit and to isette it until all engineering studies have been acquired and developed. The bridges along,Eanno Creek, both at Durham and at tom; a TRAMSCRIP"i OF HEAR/NGS OFFICER HEARING Jadco Chemical ' Sept., 23, 1982 Schwartz: Hall Boulevard on the other endareconsidered substandard and will. (Cont.) and do at timesflood in times ofhigh water. Filling these flood.- plainttux, how is that going to assure; the ;residents and the other •peop1, in the area that the water -- thisextra amount of fill will non cause this water to flood more often and more deeply across the existing bridges? Blount: Do you understand how fill works? Fill under the Tigard ordimanc,> you can't just fill. Every place you fill you have to do some 0. <. compensatory, excavation to handle the water that .you have just filled. So it isn't as if this property is just being L•illed. That's what happened prior to the permit application, but as soon as the application of the standards of the city were imposed, Lh:en their engineer in fact, you' know, presented us with a plan whereby there would be fill in ar:e location and egcavation in another tr• handle the additional water, because the ordinance says you cannon. increase the flow:: Schwartz: That's correct. And I don't see how it's possible on that particular property until a study 'has been made, and how this -- \ Blount; Well, there has been. That is what this particular engineer did. , 1 McKenzie Engineering. That's his proposal. That's what I have. That's part of the staff report, ' Have ;ouseen this particular -- Schwartz: No, I havea't Blount: Okays this is an engineering report. It is attached Lo my staff report so it is part of Exhibit .l, from McKenzie Engineering, Inc, And that in fact -* Mt. Larson, are you the one That in fact did / the work? Maybe it would be helpful to the people here if you went th';ough the work that you did and explained exactly what you ,f did and how youarrived at the conclusions you r-rived at, Would 4 you be interested in hearing ,it'd Schwartz Yes, 1 would. • Blount: Okays why don't we table you we can continue your testoinony; but let's take :it out of order and let Mr. Larson explain what he did. 1:,..raon t (Business of muunting drawings on blacki�oatd,) This is 74th AVenue; this is Durham Road. The bridge is approximately here The fill that was establishu.d tip to this point in. time is roughly it this I--:.;_ area es documented by an engineering survey that was acne on the - property: The creak runs roughly through here, and the initial calculation on thc, fill Indicated that the 1.00 year ithadpiain would rise somewhere it the vicigx3.ty of a half an itnch to an inch adjacent to this area. The reason that is true from an engineering st an.dpoint 7 r W III l { t." TRANSCRIPT OF HEARINGS OFFICER TEARING J'adco Chemical Sept. 23, 1952 Larson: is that this land over here is fairly shallow with some grasses on • (Cont.) it and wasn't going to be highly efficient for carrying flood water. When you fill here, indeed you raise the floodplain, because you have restricted the stream's ability ;to carry the water. The floodplain in this area is roughly right in here, and I an. taking • this section from the center, roughly in here. you can see that this area in here is not as efficient because it is flat - bear in mind eee the scale is exaggerated -- this is approximately 100 feet here, and this is approximately four feet here. But by doing this fill that he did up to this limit, the actual 1.00 year floodplain was raised, and when a '100 year flood comes by.you are going to notice a rise here and an equivalent rise to a certain extent for a length upstream. In order to take care of that, you provide an excavation • adjacent to the creek: This is more efficient for two reasons: it givers approximately the same area of this area that was tilled for the water to flow through. The other thing it does is reduces ' the amount of water that is touched by land: in other words, •the efficiency of the channel is greater. This is a cross section that ,a' is very similar '.:o a cross section that is p op sed in the City ,.. a of Tigard :Drainage Plen prepared by CH2M. It is a generation of that ,, same croea section. What you have done is replaced the suai1ow overgrown area with 'a seeded area much closer to the main channel y, of the water, and therefore this fill in thiu area. is mitigated by • :v: this excavation adjacent to the stream. • a It si.ould be noted that no change in the neuter line of the stream • is proposed here---ii. is merely an offset, and you have to calculate that at intervals to get any sort of accuracy on it, and that's where our study was taken, into account. The City Engineer reviewed ' . the calculations and found •that we .made reasonable engineering assumptions in developing the work, and he had no suggestions on a°`. how I might improve on my work. • t • BlounLt Okay, in the i of your report, is' the fill. banked? ,tt is tip- ; , rapped; _" • Larson: I suggested in the report that it be riprap}red. That was supple- tented by Condition, I believe No, -_ Blountt Could it be, done by November 157 Larson: Right. Condition No, 2. Arid that is a valid consideration because near the bridge the channel is restricted and the velocity is increased id this proposal would not be survivable wi'shout the riprap. It would risk whatever materials were subject to that high velocity w water into the stream and possibly .trea to some constriction in the 1 . stream or deposit material on properties downstream, 1 think I shoul4 b , • r TRANSCRIPT OF HEARINGS OFFICER HEARING ,7adco Chemical i'` Sept. 23, 1982 Larson: mention that this technique is similar to other uses along Fenno (Cont.) Creek in Tigard and Beaverton, in particular the Main Street planned shopping center area w':s a very similar procedure and the same general approach from an engineering standpni.n.t. Could I answer any questions on that? Blount: I have a question. The ordinance provides that the proposal "shall not reduce the capacity of the floodplaio area, or raise either the • , floodsurface elevation or flow rate." Now if I understand your testimony, the flow rate is increased The water is moving faster through the channel. Larson: That's correct. The way to evade that is to riprap the bank. Blount: -Does that slow the water down? Larr,unt It does to a certain er tent; but it is more used to protect they bank. • You should bear in mild that the increase in velocity is a small percentwje of the ti{:al, and that as it passes under the bridge, that extra energy ismore than abated. The flood profiledownstream of this bridge drops the elevations.--the flood surface lowers con- siderably as it passes throagh this 'bridge. The bridge is a i constriction and therefore does tend to di:'sipate the energy. Blount: Is the bridge structurally sound enough to, dissipate the energy of an increased flow rate? m Larson: A flow rate of this magnitude is not damaging. The bridge was -- Blount: What are we talking about in terms of at increase? I don't recall seeing. that figure (shuffling of papers) the general ? ? , i Itarson:, Right. Blount: (Reading) "Velocity before the currant fill, velocity after the current fill, velocity Change.+' Larson: At station zero. Blount: Is that the cross .section:we are talking .sbout? Larson! Right; at station zero] at the bridge there is no change because there isno work done right up next to the bridge, At Se( tion A:-1 it's increased a half a foot per second. Typically the soils in this area ate susceptible to erosion at 4 to 6 feet per second,- and that's why we endorsed the ripra i floun.t: :"And the current rata is ? Larson: The current rate at that section. is 4,22, T . eD )..y,.„ TRANSCRIPT Or HEARINGS OFFICER HEARING 7r - Jadco Chemical G4 Sept. 23, 1982 Blount. Okay, I guess I am a little confused how you lose the increased ve ;;locit . Where does it go? Particularly with the constriction, of the bridge? I could see losing it on the other side of the bridge if you have got more roomfor the water to spread., but between your m• excavationand the btidge, where does it go? Larson: 1 am not sure I know how to explain that. The fact that the bridge is there and the fact that the water passes under the bridge through the tightening of the channel, and then it has more room to spread. It is a t':ansition from here to here. B:lo•unt:. So what you are saying is that the section zero is measured below h P the bridge--a•Yter it has gone through the bridge? , Larson: Section zero is right at the upstream edge of the bridge. x;<.;.�oun1 . Of the upstream edge. Well, I guess you still haven't answered my . question then. • Larson: The work is here, Blount! � -� How -- You: have demonstrated of course you have demonstrated: that the section A which as your section nearest to the bridge Larson: . do the work, and 1 admit that we have closed the channel down some, made less area, the same amount of water going through a smaller area yields a higher velocity. But at roughly 50 feet from the bridge we haven't changed the work and at that point in time we have the same section as it always had to get through. So consequently at zero, since we haven't changed from zero to zero plus 50,: it still. has the same cross section to go through. • Blount It will slow in that 50 feet? Larson. That's right. 7 lout: 1 see what you arA allying. Any other quasbions? Schwartz (?) Rave you ewer been out there in the spring? r Larson; No. Schwartz: Then you are guessing. All this is guessing based o+t engineering principles and hundred-year flood floodplain, and all that. Is that really a guess? Have you ever been out there in the spring to P measure the velocity of the water, any of that? Larson. No, I have; nut - j : �a l'''''''Ill ' TRANSCRIPT OF BEARINGS OFFICER BEARING Jadco Chemical -` Sept. 23, 1982 Schwart.v: Then it's based on engineering principles. Larson: Based on engineering principles. . Schwartz Purely and simply. Larson: I don't want to admit to guess wort because there is Schwartz: Well, okay. ., . Blount: Where did you. arrive a.i: your velocity 1 7 1- gures7 Larson:: The velocity .figures are the set ofcalculations ations that fed ote �.�i:an1C {,¢J Currie. Thaw are in; his files. You have a summary calculations. i h Blount: Based on your measurements on the site? Or -- Larson: Based on my calculations and the Corps of engineers information which came f~v'ottt the Tualatin River to about a mile above this site. • That is what.they sent me. I think the information they had way; 7.5 feet pet•second<at the bridge. so the Corps of Engineers recent flood s-tody on :Fannu Creek war)r is base information for my calculation. •i1 - Blount: of course. How did you arrive at these figures? Can you give us just a 'thumbnail sketch of how you developed these. figures---your . u velocity figures? Larson. Of course. Utilizing the Corps' information on the reference of the •elannel; we use what is called the Mnnu.:Lngs (7) equation to. determine the channel hydraulics of this reach. Whenwe analyze it, this was analyzed in three stage!: (1) before the rill was done, to obtain a base line of the flood profile before any work ;.. was dome. Blount: 'flow did you get that figure if you were cal)ed in after the fill was done? Larson: We obtained topographic surveys of the area before it was touched by machinery ttu develop this cross section; and using the tannings , equation we could determine, given the Corps of Engineers hundred year flow, cubic feet per second, you cart determine how high that water is. The problem is .the Corps didn't take sections at every hundred-foot intervals. That's why we have to develop some to supplement their work. They have them roughly every four or five - ' hundred feet. and so you can check each ? each time you hit one of their sections. So tots apply the Meanings equation to the channel hydraulics and the amoi nt or,flow that the Corps of Engineers . / •." TRANSCRIPT Or HEARINGS OFFICER HEARING Jadco. Chemical Sept.. 23,. 1982 Larson: says the hundred-year flood is, and that establishes your water' (Cont.) surface. You do that going through each one of these sections before the d t surveys. Thenkthes dsutveyotsepickn ed .uo thi.etactual.dconfiguratio surveys. . � figuration of ,. . the fill, and that's. t think you see it -- Blount: Elevation after the current fill. Larson: And it shows that there is some tise in the hundred-year profile through that reach. At that point, then, we applied what might be an ultimate amount or work, and then also at the same time what , would be the excavation work to be done, apply the same principle 4 . and bring it back through; and what you actually do is keep increas- ing this area and reducing this areauntil you get it so that you: • have no rise in the hundred-year flood profile. • The City ofsTngardarec�ntrecently oenactednaazero flood floodway ordinances Which in activity in the flood- plains and the first review went 't)'.ough and it came up in the order 1 , of a half an inch. The City Engineer was consulted. He agreed with our analysis that a half an inch is not acceptable. If you let everybody all the way up to a hal'; an inch, the end result is going to be a building of that amount. It is going to compound as you get upstream) but eventually someone upstream will have an extra foot of water. So in order to comply with the intent of the • zero foot floodway ordinance, weshoot for a zero rise or a slight reduction. Blount: Okay. Any other questions from the audience? Yes, sir. Schwartz: (?), Seeing that you are only addressing one side of the bank _ . a , Larson: ;� �a We at this particular point in rine, we are trying to address what is it, fact, I. guess you could call a violation. We are attempting to obtain a sensitive lands permit on this side.:, The owner currently, side of the stream. I suppose to plans for this it is conceiv- able that we may come back for some other modification for that side of the stream at some future date. It just depends on i'ke nature of the proposed use on that side of the stream. I will say that from the calculations standpoint, we limited ourselves to this side of the stream. We didn't assume there was any need to go ° to the other side of the stream to abate this. . . That was ;.d • sufficient. Schwartz: Okay. if you fill in on this side--you ate putting riprap and every _. thing 6.,1wn there to stop the erosion -- Okays you have in. fact speeded ups the stream. Now across there on the other side„ of the streams that is going to speed up the river or the creek on his a a : side of the creek. ilow can you;'guarantee that you are not going to start an erosion problem ri that side? .. _ - h»:.v.�. ...M..,., .._. ^.d. ° __ _•. c4 �.... ... :. .. ti `. . ., 4 / • Y^ TRANSCRIPT OF HEARINGS OFFICER REARING Jadco Chemical . Sept., 23, 1982 Larson: Well, one answer to that is the same owner; but I wouldn't put him in that pos`'.tion, If it is going to speed up on that side, part of the property would have to be rciprapped also. . . . (Something about the same owner) • Schwartz Another question I have is Larson: Let me finish: If indeed it was a danger to him, I would have pointed that out; but the reason for, the ripraps is that either we are filling on a .2 to 1 slope with materials that are obtained off-site and may be subject to elusion; we are tiprapping, this bank, and we are also going to be required to riprap this :'lank, where we will have a now cut andwill be taking the vegetation off of the ground. The vegetation will add some further protection to the erosion from the higher fill, so we are going to riprap both this bank here and this bank here--this one to protect this fill from falling into the creek, and creating some kind o:E a problem downstream and this also to maintain a cotfiguration: of this to insurethat the creek will: still have the carrying k. parity. Schwarz: Thenthe last question I have jet: is, Okay, we have speeded up the flow through there--you. said it is no problem, ,But .thy: bridge itself right now can. take so much water through it. Larson: That's right. Schwartz: Okay, at times. now ',t high water it is right up to the tops Larson: At the point in time when it's up against the bridge and is backing up, then the velocity is reduced, and in a sense you have created to a certain degree a pond, and itis like a dam. At that point. the velocity is not Schwartz: But you have reached that point°now--to take all the fill. pert in there--now that's like taking a bechtup of water-okay? And you took a big rock and put it in that bathtub -that's going to fill the • water level. So at the point in tinie it has come down to the bridge with the 'bridge as a pool, and if as you said itis going to form a pond that is backing. up, you have already displaced that -tiuch. fill or open area with the fill that you put in it, so that is going, to raise the water level, Larson: Yes, what you ate: alluding to there iswhat in the Code is talking about storage flood waters, That requites that the material that we fill under the hundred-year floodplain be balanced by the amount we etcavatc. This drawing is =-_- I Chink I niispiotted this line -- but one of the conditions thatwe have to meet is that the rill and .cut be balanced under that amount, so that'when you are talking about the problem you ate discussing of stot:age, I think -- • l �. TRANSCRIPT OF HEARINGS OFFICER HEARING Jadco Chemical Sept. 23, 1982 Schwartz: If there is 10,000 cubic yards of fill put in, you have to remove 10,000 cubic yards? Larson: That's right. Or more. We have to atleast balance it, and those calculat.ion9 were submitted to . . . Keep in mind that `,' �� is the volume under the hunded-year flood elevation. The owner has hopefully filled above that level, but the volume above it is not taking away from the volume that can be strrad, because the • water on1goes this way. Now that is a condition that the city . has required, that you balance the cut and fill under the floodplain, • and the fact that it piles up against the bridge is probably not great for the bridge, and it is happening now; but it will abate those higher velocities. • Schwartz: Where will you attempt to excavate from--from the edge of where the fill is toward the river? Larson: The intent of the staff is that a bench be provided between the toe of the fill and the top of the cut foz the compensation area; tpath. this- is rhe. area that would be used for the bike ' Schultz: Then you won't actually dig out any of the floodplain--if you do, ,.' you ate going to uncover the sewer because that is not very deep there:III : Larson: The sewer is -- Schwartz: There is a 40 foot right-of-way on that. Larson: It is a 30 foot easement. Schwartz: 30 foot easement? Larson: And that easement goes right through here, d:nd indeed we are cutting over the top of, it. In a check with. the Unified Sewerage Agency the top of their line is about elevation 112, and at this section we are cutting down to about elevation 121 , We will still have nine feet of cover according to their,plan. , I. have not opened hp the sewer to see how deep it is, but according to their plans -- •. , Sclii�a�.t7: ' The fill it there now, is that the extent of the fill: or will. there be ada tional fill? Larso:7: It will be slightly tote; and it will =y t a . ,:std by the ? to assure It is not in excess of specificat A, Scnws.rtz t Now that is the normal river level. there, I take it/ L01740t Well, it is, more or less; yes, I ' .14- PEI TRANSCRIPT OF HEARINGS OFFICBR HEARING Jadco Chemical Sept. 23, 1982 Schwartz: Because I drive by and look at it, and it looks like there is a couple-foot bank, and that 's almost flat right through there, Larson: Okay, you are looking at this bench, What we have done to get it ' all' on the drawing, we have used four feet to the inch here, and 40 feet to the inch here, and so you would need to stretch this out--- it would be ten times wider in order to represent it better. This i bank on this other side is not this steep, andin fact much less steep. Before we filled, it was flat out in that area.' Blount: Yes, sir. Voice: (Too low to understand, but presumably a question dealing with the , 9 91 channel.) Larson: Well, I am not sure 1 can answer that accurately. The corps of Engineers cross section could bear that out. The area that it hos , goingunder the bridge is obviously smaller acid the velocity is • almost twice. Voice: (Concerning the depth, near the bridges) Larson: Well , I can approximate it, if that would be okay. Well, 134 to approximately 7,1E from the top of the bridge to the bottom of the channel is approximately 18 feet. 1�Y Voice: y Larson: Are you asking now this elevation? That down into about in here? Voice:: What is the distance by your (Ifill4) and the hundred-year floodplain? u'r Larson: Oh, from here to the hundred-year floodplain? That's about in the r' neighborhood of 10 feet -- 9 to 10 'feet, •" Larsuu: tight we have deliberately held this excavation so that stammer low flows will not be in this area, This stream is considered a fishery by the State Game Commission,, and they have a problem with people relocating channels to any great extent. So in the applications . • that I have been involved with, we have. sought :to find ways other then to atter the stream, (Tape" changed, nothing lost.) That's an approximation; I vari' c prepared to answer that sort of question: ''I tell you that �'c�.oer Okay; well even so, even if t.hat is an approximation, every spring g there's 18 feet of water racing underneath that bridge for days on end. and there is still a great big pond big enough for �l5 f TRANSCRIPT OF 1.HARINGS OFFICER HEARING Yadco Chemical Sept. 23, 1982 Voice; whatever youlike to do in it short of driving a yacht. If you (Cont.) narrow that area any you are going to wash out that road because ... that water will go over the road because there is nothing on the road, but a sunken area on the culler side and a sunken area on this, M and the only reason that water doesn't go over the road right now a is because there is an area large enough to hold it. Larson: Well, but we have met the intent of the Code in that e is in tewe otcbeiarstoring ' the same amount of water, and the differ • wide and shallow it will be narrower but deeper, with the same holding capacity and the same flow character. Voice: I'll bet it washes out the road. Larson: Well., our proposal will not change the jeopardy to the road. Blount: Yes, sit; in the back? property joins this gentleman's property here, and I have lived r Voice he P Y . there:for over 40 years,, and there isn't any erosion in my place, , and it covers about five or six acres;: and as far as the water 1 only stays up not over 24 hours., It can be -- I don't think it a gets within four or five feet of the toad surface of. the bridge, and then within 24 hours it's gone. I havett as fencey that runs rright through the property there . . . deep. Blount: I would like to get .het you are saying on tape as testimony. If • you have a question right now dor the en gineet, this 0 Lhe proper t:i.me. for it. Voice 2: A question.?. ,Blount: A question. But if you have got testimony, as soon as we are done with the engineer I would like you to cone forward and say up here what you have just said so I havegot it on tape: I' can't catch it from back there. Okay. Any more questions or the engineer • right now? Yes, sir. Schwartz. (?) You are relying on going deeper fot your fill. "How will you guard against future sedimentation when the waLer i . . . . briti,;s things 4' down' . i i i • T,arson: Well;i when you ore taikl.tig about the silt coming down strain; you ate going to have an increased _��elocity across the whole channel,, and that' increased velocity will be in effect very close to the surface in this excavation. The sill 3.s going tabe tin eno�shalongension in the water, and the water will Still be moving g the surface so that very little if any would be deposited' i . . i some would be carried along: TRANSCRIPT OF HEARINGS OFFICER REARING JadcoC•hemica,l Sept. 23, 1982 4 Schwartz: 1 would like to ask: I believe that is a county road? Is there any ' plans for a"new bridge on that road? . Larson: The Tigard Drainage Study addresses several bridges along Fenno Creek, and Bonita Road is one targetted for a hopeful bridge soon. I don't think hhe Durham Road bridge was endorsed -- Newton: I would like to correct myself. I believe from Hall east, Durham is a state highway, I believe. Do you know? • Larson: Yeah; it is. • Newton: Yes, of course. It is a state highway. i I. Schultz: . . (?) contacted the state on that . �... Larson: Ors. replacement? No, I haven't. I don't know what the situation of the bridge is from the state's standpoint. CH21 drainage report ff did not target the Durham load bridge as one of the reco^^,emended Ji ones. They targetted the North Dakota Street bridge, and they �tto+ . tf targetted Bonita as a hopeful; but I don't think, according to my , recollection, that the Durham bridge was -- \ 0 Schwartz: :L believe that is part off:'-the plan., and I believe Durham Road was . one that is claimed(?) as having flood problems. ? has a map in his office that has all the bridges . . . . has a flooding • . problem, and I believe Durham was one. i, , Newton: I dons t know that . Blount: okay; more questions? Yes, sir. ,,, Schwartz; I would like to know, is this going to change the runoff in any way by putting fill it there. Will the runoff still go towards the creek, or is it going to to be increased drainage, and if it does, ; ' that water from the fill down there is quite an area that would be filled. F Larson: In the case of this fill, I would recommend to the owAer that whet he moves ahead with the building plan; that drainage be diverted , ;,- here to the front, and then flow out in this direction; or if he . ,• were to go this way, that it first be collected in catch basins and a pipe rather titan allow it to drain over the face of the Bili . "` It could haveis detrimental effect on the: fill, although in this ga notg g be significant. The typical practice , is to put in catch basins,"Y rain drains in a pipe and drain it to ' a point where it isn't going to canoe any additional erosion.. , y , , i :. yl • TRANSCRIPT 01? HEARINGS OFFICER HEARING 4L Jadco Chemical Sept. 23, 1982 Blount:- Morequestions? All right. Thank you. All right. Anyone,else wishing to speak in opposition? Speaker: :, I am Clifford Speaker: I have a couple of statements here, and then some observations. Blount: Are those things you would like to submit in writing, Lr -- • Speaker: This I will submit in writing; I would like to read it into the record. This -is to Tigard Hearings Officer from the Tigard Planning Commission dated yesterday: • "The Tigard Planning Come .scion under open agendaat its meeting on September 21.; 1982 briefly discussed the Sensitive Lands Permit Application pending before you for Jado Chemical. The Commission has several concerns which were expressed by individual members. Following are the comments of those Commission members who are unable to attend the hearing on September 23, 1982. "Commissioner Bonn: Any amount of fill permitted must be offset by removal of more fill so the net effect is zero or less. A - "Commissioner Eda.n.: There is not enough depth to build on this site even with the fill. I am t.�t certain that they have formed a buildable lot. .t am not happy with it, however, we can't do anything else but support the City's Engineering staff." Chairman Teped:Eno, who is an attorney and is knowledgeable about certain things that most of us aren't "1. The landowner was, or should have been, on notice that he was filling in the floodplain. "2. Ameliorative waste has occurred. The owner violated the Tigard Municipal Code by performing this act. I suggest that any decision by the Hearings Officer must be in compliance the Tigard Municipal Code andsubsections dealing with fill. T at concerned that this filling has violated the Tigard Municipal Code. By his acts the owner has established'a precedent. We must stand against this by forcing the owner to remove the fill and then apply for g permit fait. consideration under the Tigard Municipal Code. We cannot .allow developers I to frustrate the intent of the code. "aubmitted bYt Ctiffotd Spe oket 1?l anning Commissioner • • c. TRANSCRIPT. OF HEARINGS OFFICER_HEARING jadeo Chemical Sept. 23, 1982 Blount: This will be marked Exhibit 3 as the Tigard Planning Commission memo. Speaker: • Right, Now:I was at that Planning Commission meeting, and because • I was going to present that they did not record what I said, but this in effect is what I commented on at that time: (Reading) "I have observed for years that nothing succeeds like a fete accoinl:i.. I, like President Tepedino, do not feel that the presence of an accomplished fact should sway the Hearings Officer, the Planning Commission or, the City Council from upholding the declared and very plain intent of the floodplain ordiaaancec which have been thrashed out over a period of several years in public hearings to my personal knowledge. I feel no landowner of property in the floodplain has any excuse at this • time for being unaware of the restrictions on the floodplain in the Tigard Municipal Code. Consequently I can only agree 0 . with President Tepedino when he says, 'We cannot allow- developers to frustrate the intent of the Code. `" f1 Now I think that anybody who has followed the Planning Commission's deliberations and actions on the floodplain--and believe me, we are very sensitive to it--all. they have to do is to see what we have 1,4 done on The Meadows (To 'Newton) Isn't that the one down there F Newtons Yes; Speakers (Continuing) -- The Meadows as an example of our 'resistance to any ; fill in the floodplain. In that case the manwanted to put a little fill at the top of the floodplain in order to get two or three more building sites, and in effect we said "NO". Now what has happened '. I would say this,, that had we since it has left us I don't know. known that it was intended to put a building on that floodplain fill, the response would have been a resounding Not One other observationt Our experience over the last, several years is that residents along the geek tell us the Corps of Engineers elevations are not accurate~ and I think probably you are getting at that -- aren't you? -- that ordinary floods are higher than the Engineers indicate for a 25-year: or 50-year flood, Ilo,tntt I have a couple of questions, fir: Speaker. Spctaker t Yes'! i Lu'unL-t t'irst of all -- Maybe I should just make a statement. In your remarks you urged that the de facto - the existence of the fill. .-- tot sway my decision, I think I can assure you, as I said at the beginning, l consider neither its presence not its absence in considering the application. I will consider whetLer it meets the —19 • • c..w TRANSCRIPT OP HEARINGS OFFICER HEARING Jadco Chemical Sept, 23, 1982 Blount: ordinance. But I am a little concerted about what you said about (Cont,) the Pla.Lning Commission--that you consistently approve no fill in the floodplain. A,c yuu saying that even if it meets Lhe provisions of the ordinance, .jou do not allow fill in the floodplain':' :0 Speaker: No. I wouldn't say that. But -- Well, I think a review of The Meadows would indicate the extent and the depth of our concern for floodplain fill. d Bount: Does your concern go farther than--as far as to ignore the engineering „ , that he says we are not displacing any more water? Speaker: I think. Liz (Newton, of staff) will agree withme that Yes, inspite of engineering that says we arc gonna fill here but we are going to excavate at least an equivalent amount and i* will not change the carrying capacity or alter the stream :Clow adver;-iely upstream or downstream.. We take a very hard look--I would almost say with a jaundiced eye--at that. Would you agree with that, Liz? '. i.` Newton: Yes. Blount: Thank you, Mr. Speaker. Anyone else who wishes to speak iv opposi- tion? ': Yes, sir: ' Iiavery: My name is 'John Flavery t live at 19570 SW 76th, Tigard. I came to is PPI give you some historical perspective, because I was on the initial NPO 5 who originally set up the comprehensive plan for this avea, and apparently I am still presently a member, but perhaps the reason you didn't heat from me before was nobody knew I was a member. When the NPO originally did this whole area For the comer :ensir plan for Tigard--and I am glad to see some of the things are being :followed--the Greenway, the bike paths--We intended to preserve that whole area through there, through the river area, ail the way through Tigard as a refuge for its aitiznn.s a beautiful place to walk, where there are still wild anima:l.s in there and a variety of • other things, I amnot the great environmentalist as that may . sound, but I do enjoy seeing Lhe wild animals there and I would hate to see them run out by the change in the stroam. There are mink back there; there aro all kinds of things in that river still. 1e intend to keep it as a greenway and bike paths for the enjoyment of the, people, and I do believe that the engineering, with all due '• respect for the education and background and experience of the I engineers--I do not believe that what the engineer says here i.tl what will happen here: I believe that either backing up that 91-er il II ii.11 wash out the bridge or will wash out the road--one er the other.-- in a vary short time. As a matter of fact) when t'ir, Duncan first applied to build over there, he wetit to the county and the county Sent out letters saying, "Any obje.ct.ion, write a letter," I wrote - is 1111 TRANSCRIPT QIP' HEARINGS OPFTCHR HEARING Jadco Chemical Sept. 23, 1982 Hav'e'ry: a ler.ter. ` They told Mr. Duncan he had to get me to release that (Cont.) letter before he could do anything. Well, Mr. Duncan and I had breakfast and he told me that the county wouldn't let him build out there where he is trying to build right now. They made him move farther back in on 74th, and I tell you only as -- no one can prove that. he said that to me, but I know he said that to me. -- and he toldane what a great place he was going to make it over there. Be was going to clean out that little pond, and he was going to landscape it. He has done really none of that. There is no land- scaping there. Instead he has cut down all the trees that were between him and Durham Road. He has put that fill in there illegally. The place has big barrels and stuff piled all around his building, and truly Mr. Duncan has not been a good neighbor--either a good. business neighbor or a good neigtioor in any way that way. He has , nut bothered me other than through my eyes, to see the mess that has been made of it. And if in any way there was to be a buffer zone and those people who do live adja‘en.t to that industrial zone, no trees and a big open expanse and a river that has perhaps changed its course--and no one has 'talked about the downstream or upstream implications of this fill,, and I don' t know them either--I am not an engineer--but 1 can tell you the NPO hadan engivaer on it, and one of the things that came out as a result of. the NPO or the engineering look at the river is that that's why we did not want the floodplain filled anywhere, because it would affect the upstream and downstream people. And I don't think Mr. Duncan dares about the upstream or downstream people--I think Mr. Duncan cares about himself. Blount: Thank you. Anyone else specking in opposition? Yes, sir. Your name is .-- Bledsoe: Bob Bledsoe, el 4 Blount: Which shall I put you down as---opposition or In favor? Bledsoe: . ? I was at the Planning Commission meeting when the state engineurpresented the master storm drainage plan. I work in engineering as a technician. I would like to get in the area of flood control..' The storm drainage plan for the most part advocated that Tigard ig supposed to try to move the water, through faster to get it out of the area so it is no longer -�- move it out quicker so it wouldn't ' cause higher flooding lew:re,ls. And this is at the bottom of the flood control area. But the aspect of the increased velocity, I think; is actually where It carne into conjunction with Tigardt;s --at least the city engineer's--overall proposal atandling. the ~i whole area of the basic concept of flood control. it kind of bothered me that he only dealt with half of the stream bed "study--the whole: stream bed, and he .deli.es on increased depth to handle the water through there. I am concerned; though, that tinder various conditions TRANSCRIPT OF HEARINGS OFFICER REARING; Jadco Chemical Sept. 23, 1982 Bledsoe: sometimes you will have a scouring loss . comes out, and (Cont. other times when the water is tot that high but just a little it high, it starts sedimentation. :And you:. see the way the stream, has already formed the channel through the years. that it tends to sediment, tends to deposit sediment in that area. I think if .this. is approved that the applicant should have the requirement to ➢*' maintain that depth through dredging--there should be a bigger requirement placed on him t.n maintain that depth through dredging whenever •frhe depth is no longer to the level which he is creat.i g, if that is the course he is going to take. Blount: Thank you. Anybody else speaking in. opposition? Okay. I see nand. Is thert.. any rebuttal by the proponents/ Okay, I see none. I close the public portion of the hearing.. Are there any other points that need clarifications--questions that haven't been answered? Okay. Under the hearing procedure I generally issue an oral opinion. I am not prepared to make an oral opinion. tonight. I want to look at the comprehensive plan section for 1PO 5; I want tolook at the greenway ordinances in some more depth; I want to go visit the property; I want to look at the bridge, and I want to review the engineering report once more. The applicant is entitled to an oral decision. If you want an oral decision I can set the hearing over for a week and I can give you oratorio exterogate (?) , hut, I can give you an oral decision at that time. In fact my written decision will be faster. If you wish to waive an oral decision. I will have a written decision to you within ten c?;ps; or to the city within ten days. By the same tokens opponens; lo you wish an oral decision--look square in the eye and let me tell you what my decision is----or will you let me get by on. paper, huh? • Oka.). All right. But I will file a written decision within ten days of tonight!s hearing;, which will be Monday 5 October 4 All right,' that concludes tonAght's hearing. Thank you. y n � 1 TO: TIGARD HEARINGS OFFICER FROM TIGARD PL BANNING COMMISSION DATE: September 22, 1982 RE .M 2-82 Sensitive Lands :permit - Jad.co Chemical NPO # 5 The Tigard Planning Comms ss.',on unCer open agenda at its meeting on September 21, 1982 briefly discussed the Sensitive Lands Permit Application pending before you for Jado Chemical. The Commission ° has several concerns which Were expressed by individual members. Following are the comments of those Commission members who are unable to attend the hearing on September 23, 1982. Commissioner Bonn - "Any amount of fill permitted must be offset by removal of more fill so the net. eff .ct is zero or less. " Commissioner Edin - There is not enough depth to build on this site even with the fill. I am not certain that they have formed a buildable lot. I am not happy with it," however, we can't do anything else but support the. City's Engineering staff. Chairman Tepedino' "'1. The landowner was, or should have beer, , on notice that he was filling in the floodplain. 2. Ameliorative waste has occurred. The owner Tigard violated the Tig Municipal Code ° � p by performing this act. t suggest that any decision by the Hearings Officer must be in compliance with the ITigard Municipal Code and subsections dealing with fill. 1 am concerned that this filling has violated the Tigard Municipal Code. Hy his act, . the owner has established a precedent. We must stand against this by forcing the owner to remove the fill and then apply for a permit for con- sideration under the Tigard Municipal Code. We cannot allow developers to frustrate the intent of the code." submitted by C/Pe . f Clift ord' Speaker I' Planning Comiaissione r • • • • • • September 16, 1982 MEMORANDUM TO: Mayor and City Council PROM: ' Planning Division PA,() SUUZECT Sensitive Lands Permit - Jadeo Chemical 74th & Durhaeu Attached is a draft copy of the staff report on the sensitive lands permit request by Jadco Cherical for the property at 74th and Durham Road 'the+ Public Works Director will review this item on Friday, September 17th &tad his changes and additions will be available at the Council's September 20th meeting tat • ?BIT �aA�, '%4,g4 September 1 5,, 19R2 . r . ` � •15115 S.W. 74th Ave SEP J TigardT96,3 I , Oregon 97223 t4. 3 T Office ':. Tigard easings LI1'Y - ' Planning Director pi A OF nGp,!�D 12755 S.W. Ash Ave N/N� [' Tigard, Oregon 97223 EPt, ! ;, Dear sir: 1: ,. 'r . Re: Sensitive Lands Permit M 2-82 Jadco Chemical FPO #5 As the owner of 2 acres on S.W. 74th Ave. for 40 years or so s+ I think the,.permit should be denied and I am wondering i 1 . Why with city, county and state police passing the corner of t 74th Ave. and Durham. Road this illegal land fill on the 'flood plain of Fanno Creek was everallowed to start. Each fall and i l k !. spring during flood time the waters of the creek easily reach �`', 74th Ave. at this point. 1 ,7 2, In spite of three desist orders from the city, orders Plainly If posted _ g : gone on and is still in progress. ( I on .trees. the dumping has still- , Now besides the fill dirt rubbish and { cementng � tailings 1 ; ailn s are bei added to the fill to polute the creek. 3. Mr. John Duncan or whoever is responsible for the fill should be I required to turn the area to its original state, for the loss of 1` j k this reservoir for floodwater will push the flood water farther =:. upf. the creek k and caused last fall the flooding of the parking area of the new apartments on Bonita Road. 4. To the city official concerned: It should be noted that the drain- :.: --'---6:Ee serve Awho was responsible for the fill, has neglected to place i1 a screen or grate over the mouth of the sewer where it flows into the creek a'hd right now with the creek low small children could, creep into the: tile without even getting their feet met, A grating { should be inStalled at once. o . Sincerely yours, , 1. di.6(. /644.4, , c„e„., C A4 I ubbard t Carbon retained r \ . t. AFFiD 4VIT OF PUBLICATION ,_ STATE OF OREGON, t , GOLTIN'TY OF.WASHINGTON, ss. ' k M I - ---- _ ..-ohn. _ ar1fn8 ._. Q s being first duly sworn, depose and say that I am the publisher. of the Tigaz�i , �� 4 ' . .. . of The Valley Times, a nta=spaper of general circulation, as defined - - y ORS. I93:010and I93.O24T, published at Tigard, in the aforesaid county and ' ! " state; that the legal notice, .. - g ;a printed copy of which is hereto• annexed, was t1' t- 1 e ,€ published in the entire issue of said newspaper for__o_e successive and -..F h"� = -'--.4.. .......g' 'c '' Se tember 9/.___1_...9...___82___________ 1 consecutive weeks in the following i s __-_E.._ __. 4 a 1 Pi, ' ' ' ,) -i u (Signe a2 A £.}y{ t tea.. - - - 4sy. _ Z+ rt�t L 8.3bscribed aril sworn,lo-before m- Ails __-_:_1.5 day of a: - `,� a s-,t, , z .i , .sep._-_teratxert:.::.19 8Z ...:0-4.....:,:,„...3.1. r, _8.c'44-0',,,,,--1-1 , -- t max , 3 : Notary Public of Oregon _ f y a, • 3iy commission expires February 2LN 1386 .._ - — AFFADA'VIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard I, Diane M. Jelderks, being first duly sworn., on oath despose and say: • That I am a Secretary for the City of Tigard Oregon That I served.notice of hearing of the 111.gard Hearings Officer. of which the attached is a copy (Marked Exhibit A)d tirporr�i, of the following nam persons on the d' day of'..�Gl ,t�,r#�i Ve� 1982, by mailing.to each of them at the address shown. •. 'the attached list (Marked Exhibit 11) , said notice as hereto attached, d •: * • in the United States Mail on the 'J3 day of Z , 1982, postage prepaid. { Subscribed and sworn to before imE on the „/„5-' day vi; 1982 '747,44,5„2„,e/417, I�f�,``!PP.RX PUBLIC OF' ORE G f IKy Ochim.tssjon Expires 1 } CITY OF TIGARD,-12420 S.W.MAIN® TIGARD,OREGON97223 RECEIPT DATE; r . AMOUNT:'$ I .. r, LABS ,. - I /1A • ADDRESS:_. 6D. CASH ,.. —_________CC-FIECI... ,. , • Nf0„ #OF FOR; ACCT.# PERMITS SURCHARGE AMOUNT SEWER BILLINGS 40-364 _ •$ BUSINESS LICENSE 06-331 PLUMBING PERMIT • 05-332 - -MECHANICAL PERMIT 05-332 BUILDING PERMIT 05-333 SEWER CONNECTION 40-363 SEWER INSPECTION 40-365 1. i •SYSTEM DEV,CHARGE ' 25-366 • PARK DEV,CHARGE#1 30-367 PARK DEV,CHARGE'#2. 30368 • BONING ADJUSTMENTS 05-362. c '13 L. --_____ .. 1.01ALS $.... $.1.Z2,6_1 __.'' . ' ' , . . ' RECEIV ' -RECEIVED BY; -,D14 i ir. PERMIT NUMBERS ASS Lf NumkaeMAmount Nurimb®t Amount Nunibei Amour,F S 5� $. $ • 7. t MACKENZIE ENCINEEPIN Fy VCORPORATED E , _ September 1, 1982 City of Tigard Hearings Officer 12755 S.W. Ash 'Avenue Tigard, Oregon 97223 Hearings Officer: RE: Jadco Chemical, Ltd. Sensitive Lands Application ! On behalf of Jadco Chemical, Ltd. , Mackenzie Engineer ing is pleased to submit the accompanying documents for your review and consideration. Mr. Duncan was unaware of the Sensitive Lands application requirements in the City of Tigard, and therefore had no intention of cir- cumventing regulations. With the submittal of this` information, Jadco Chemical ti Ltd. , intends to outline a development program, as well Ias satisfy the City's ordinance requirements. ° We appreciate your consideration in this matter, and ask that oar hearing date be set at the earliest poste sible date. Sincerely, �. David G Larson, P.E. Project Engineer DOL/spm cc.s John Duncan Prlhclpals; Thomas P.Mackehzie Eric 7',Saito M M.sreshoars ' 0600 S,W, SANOROP r StRSET PORTLA lb, 'OREGON 9720.1 • PHONE 60S/224.066Q 7 7: : • f ...CK BY�C7 LF�c-‘DhJ DATE'6-421-El,2 JA'bG(7 ' . �.:. .. .. ENZIE ENGINEERhla INCORPORATED CHKD,By _DATE C-.+ � n >51'.. ,1Dc. Awl-SCA c)J CONSULTING ENGINEERS JOB#• . ,B22) u 1k.)L.,AC CA-I..CL,LA�Dta 4 SHEET NO, I. OF 3 p474 • • GaP-.FS ENC I N E E-P.S` 1 o©`lla k =' 509?, c:,. '5 . ,, ,, FLOOC':7 Ca -U. 1 SCT D o (Rik), 1,f iLC l,t}1.f /' `/n�C�I 1,2„ .19 • I, 11 U i"�N r cIze ` �,h,l C e/6iMAt CP.?'>L)V EcENT ( LL1 AiJt. Pl2c„,pc._s"4i FLL • . CCNIT?GN;S , • � WIN FN LeD JADca C /Pjj c 12.: Lr,L , ' drive �!1 iT , /82-'567 , moss 5 cr.low •L ocA-rr, tJs • Al--• _ � ,• .,,�: 5�1z.��oN.�T`�.:w'�`� 1 c�1 �'��11.7 t`7'"/c7h9� :_ , 1'� S� 2:�2 r� � i • r • , (ieYm. 1.44) 1 •� • . • •• �.«..wv:�t,.r.n .... r. : ...F.. ..urrr_..:+ u. ... • ... w.. .v � •r._urr.r A 11'1-1 II t� x,39 Obi t29,8! B.55 ,00367 `� 4 13 .IS• 0,45 1294� 0I� • I29, 035 171,1 b 6.'61 ,bQ321 1301 0,43 I"Z�.�_._- w • i" 1� ( � b,2•'% 1' 0,13 9. O,o7t I0 0 1. i130 L1 4 4'235 J �y 111 1530 ,'57? ( 381 ,oof BLF IoS 01I 9 17-1, C. ( ') 11,1S ,4‘ 0rzsj{3o,zs 139 p,obiat 115 0► 49,.9 9 • • i . 1': •BY4aG k2. -_DATE ` Z`.. •-i'e‘' e.O MACKENZIE ENGINEERING INCORPORATED CHKD.BY DATE %t.-ISCTtLi E LDCF3 .+ A' 1C' 'I( CONSULTING ENG INEEIIS l S2'3lb '3 JOB# � �y�l�l)t� 1� C�,'l.L'l..`'t..�`'w��t^. f4a� SHEET. NO. �" OF - F'1C-f� F2 .? � f� • S'1-prrl cxJ 0- ' A e/ z i' 561.. 6 'f3 , c 1 L. ' 1,,-f 1}•G1.. �1 . - - --i-- t .E,------ i t I _---.i _a .-----•--. tiz4i,G lit 1-1-1,11 o,.511tO4 ' 1. 0 .0'(.11 1Z. ioc, '' '121),W1091 + l D,5`� =d 30,1 : 11 1 ; 1 i = 1 ! I ��----- `' '17-q1 1364 3,-i3 012. :130,1 ' 1 . 4 `.00(13} ie5' Dv:, 121.$4. .. IItcLs's- 1 5n ;r1 7 030 ,10-its,, IL5 I o,Doo2:`{f 1�5 1 0,11. i2.9,(35 Iio70511y8t-i- ' •14.3 0,25i 3a3 11.2' .bo 5 115 i oli 130,a?:;, 1 a i r FT- "sE'L 't-1 L-L 4 a"N+CAVA"1.`1 t,P+ + i I I I • 1 11-9+19 1 ( 4 t 13'o,1%, 11.16', 00'91-0 I3o 044 • ,i.)11j I y,PS", 1111 ?.5b o,3z: 1 $0,1'7 11 ;11 ,opl lb 105' • 11b `i. x81 • • 129E1142 _ 01 a,2� i10,l 1 , 1 ,00I(21b ,17 1i.4,8a c 1,- b'© 1.2.44 L( Ii, 0.- (> 11O•`3b I41.11(-, ,� 1Li 1 lk ,Z..! 1304+ 1 i'c0,o 1105stt l 0 ort)s 110.51- 1(4-‘1,1 ,tt1416 I'15 ,151tl,9, , ;. I ,: i; • z , t ` (1r GENEI.AL DATA SHEET Backwater Curve 100 year flow rete at Durham Road 5903 CFS, based on Corps of Engineers Data for river mile 1,44. Downstream contr., _ is the Durham Road Bridge, as channel and flood profile steepen significantly downstream of the bridge. ' Mannings !Inn = 0:06 Velocity Coefficient = 1.36 12 .19. Control PT elevation: C.O.F. 100 year elevation, ._. 100 Year Flood profile Elevations Before and After Construction_ Sec- Elev. before Elev. after Elevation Elev. :'.after Elevation t].onCurrent Fill Current Fill Change Proposed Fill/Exc. Change ^, ® 19 129. 19 0 129.19 0 +.Ol 129.62 129.64 +.02d 129.63 B 1x29.81 129065 +.04' 129.80 -.01 C 129.99 130.03 +. 04 . 129.99 0 Average Stream Velocity Before and After Construcfi,�ion Sec- Vel before Vel. after Velocity Vela after , Velocity tion Current Fill Current Fill Change Proposed Pi.111/ )Ac: Change P. 0 "e'.47 7.47 0 7.47 t'� ft/sec. . A, 4.22 4.86 ft/Sac. ��-0.64 ft/sec. 4.87 a +.38 ft/sec. B 3.33 3.77 .ft/sec. +0.44 ft/sec. 3.71 +. 44 ft/sec. C 3.46 3.43 4,-0.03 ft/sec. 3„09 . - f ti GEORGt - _ /. It it i yqY TQ Z ll iiii i _ ( 1 il I/1 -- . --- . - - it : f2 T 1 I �J I } x • . 0 40 is [CPO 1 4.e,- . - I. •• E 14.3 i ! �w .• ,- -- M1111111.1.11111LWRIgl&filkik.7111/nirdilini!MIMALWIIIIIIMIINNIIN/ArnikWAIMIIIIIIMB_. APIIIMillE11.1.1 -- -- 7 ,.. _ E � L - . Z L..: - ...,.i!..',.-..:1.-.._._.....! .'.•.:.,...•....r•.-••-1,••i::.,';:.,..'. .•,-A.'.••.•‘,•‘...,.,,..:.•.i.!,!.•.,-...• . _. -..•-•••'.............-:...-...•-.•••... . .:..-1.n,.3.,,..,.4,.f,1,c.t..,..:.,...,.-•....:-... ......-....•..:..:.•:...-....•..:.i.iT....<$rii',t..,......•..• ..1...i2. .,t. .•,*.1r. { ..s..''__..•._.'_ •_..•.......:.• ._:..-,.- .. ...:..,:...._. —. -.. . / —t. .0 1 1 . • f _ •� . • i sr___ . _k 1 r a�' o' `o • I` •> . I 240 2so - S20 0 fa` go 1 , 14o leoQ 2 ► S/O - -- e", G 1 }. cT ►'I'1 ,+ -- . i '1t '50-ill 2 1 .r. i � i _t a � t-- 2 DRAWN I ,� CHECKE{ 4 N. R iIS OI F 11 ' letl7_ / /t k .iii --- !. - -- \ - _ .. I 7 = t �D/f ,. , 5 I r._:________ fE GRA y 1 [ i O /" i t .. { /3 KERINGEY ' AND A RE r a r I e eti OF ii .�i +v ,` HDUCT HE 3N AN + ; -_. Lisle , Tor �F P9'PE I lai-, i I ITi— j!______.......1 SHEET .. -.1— - +0 . SO i ! - t22$e 150 47120 S64:7 { � ol}�► � i '+ o -_ t - JO® NO S /•r /�j v� ��;r'?• ice. „le41r ) f A tl Lk 111.4# WASHINGTON COUNTY,OREGON August 2, 1982 John Duncan Jadco Chemical Ltd. 16055.S.W. 74th Ave Tigard, Oregon 97223 Dear Mr. Duncan Attached is a copy of ordina�ace number 79-46, adopted by the Tigard May City Council on i' 219 1979, Also enclosed is the section from the _; Tiga'rd Municipal Code which addresses standards for approving a Se i itive Lands permit application. These documents should assist you in preparing your Sensitive Lands Permit application. We would ,anticip tz receipt of your Sensitive Lands Permit application by 5:00 P.M. on August 27,. 1982. If your.have difficulty meeting this deadline, please contact me. Sincerely, ft-f'.7/./tt-i6it/1111 4, 'f,tAiti-11/1 Elisabeth A. Newton Associate Planner EAN:dWJ _-= 127S41:S W,ASH p,O,DUMC 2SS9? : TIO%iA1b,OREGC)N 910.g8 TSH;639-4171 v . .. , .. r coy/! pyY�: � j�Y yam. WASHINGTON COUNTY.OREGON GLNN[:hdL Al.) > FORM ILICATIUi'd CASE No. //__` -:" CITY OF TIGARD, 12755 SW Ash, PO Box 23397 RECEIPT No, ,f/ .7 Tigard, Oregon 97223 - t503)639-e 1711 I. GENERAL INFORMATION FOR STAFF USE ONLY: PROPERTY ADDRESS x.16055 S. W. 74th. AsstIciated Cases: Tigard, Oregon 97223 LEGAL DESCRIPTION T25 R1.W Sw�ction 13(A) TL 1500 P-51 ,3 INTERNAL PROCESSING: SITE SIZE 6.9 acres Accepted for Pre-App.: PROPERTY OWNER/DEED HOLDER4 John A. Duncan, Janice M Duncan By, ADDRESS 16055 S. W. 74th PHONE 684-0044 ; - Pre-App.. CITY Tigard, Oregon ZIP 97223 Same as owner Date &• Time: , _ • APPLICANT` ADDRESS PHONE Acc ted for Da ' ioe(,: CITY ZIP ' // i *Where the owner and the applicant are different' people, the By. r .1 applicant must be the purchaser of record or a leasee in Hearin. Da possession with written authorization fromthe owner or ,1,n agent of the owner with wr:i.tlen authorizat;.on: .Tbe written flea 'ng 'eset-To: • authorization must be submitted with this application. 2. REQUIRED LETTER OF.AUTHOKIZATV NT .1. -n. Decision: filed & mailed "S ATTACHED 0 YES � NO.. APPLICATION INVOLVES THE FOLLOWING: APP -`- 3. THIS APP Pp- Acce PAID ted for Appeal: FEE FILED � P Comprehensive Plan Amendment• '_ from , to By quasi-judicial legislative 1 Date of Hearing: Zone Chance from to quasi-judicial legislative: ..�� L S CRIPTION• Planned Unit Development Comp. Plan Da signation f concept plait detailed plane Subdivision NPO filo: Major Partition —' Minor 'Partit].otR, � Zoning District • Review .�feitei 0. 1 1 Conditional Use Zoning Map No. Variance to Zoning Ordinance (Tit1a 18) Quarter Section No: Variar:ce to Subdivision Ord, i ® CSG7 (Ti t"Le. 17) : •. ,� - .: ��., u STAFF NOTES. �iEnsiCiiip l.and Permit ,: � , Floodplains` 'fi /' D •ainageways i , Steep. Slopes Other r • • • 1.' • GENERAX1, APPLICATION I'ORP1 r(''' PACE 2 CASE No._ , — �.-�- CITY OF TICARD, 12755 SW Ash, PO Box 23397 , Tigard Oregon 97223 - (503)639-4,171 , ! vi- SUPPLEMENTAL INFORMATION (TO BE PROVIDED BY APPLICANT) FOR STAFF USE ONLY ki ' Notice of Response H, • . 4. DISTRICTS Alin. Ent Receivesi -- es No Yes SCHOOL DISTRICT Tigard 23 J R. WATER DISTRICT Tigard Water District ' FIRE DISTRICT Tualatin Rural F.P.D. ,.Tigard ,. r i•,',,,► PARI DISTRICT • I UNIFIED SEWERAGE AGENCY' - Sewer'Ayei able . YES .1 NO .• • • `', OTHER • . .. . . .5 •PUBLIC UTILITIES Y:. ELECTRICITY •PoG.E. J . Pacific Northwest Natural Gas.' t, • • -NATU RATS GAS` � ' TELEPHONE General . . • OTHER f V - 6. PUBLIC TRANSIT- (TRI MET) • • . • •NEAREST BUS ROUTE AND STOP #37. & #38 al Ou.T1.7am &•Boons Ferry .._ •. . 443 at Hall .&•Durham . 7. •r OTHER INTERESTED AGENCIES (SPECIFY) •• Unified Sewerage agerior• ._. . . 8 CHARACTER Or T}U AREA FXISTING LAND USE PLAN._ DESIGNAxTON zONE VERIFIFp $Y STAFF-. • i.., Vacant . R.:7„ -.: • • • • SOUTH • • • X :: Durham Rd: M 4 PAST a 74th ve•nue . 7 NEST tjac,,cLA t.+ V t .... .,.... i...._,... .Y : _...: 1 7..�:. i' ...:.1,. ... r it GENERAL APPLICATION FORS PAGE 3 CASE no. " CITY OF TIGARD, 12755 SW Ash, PO Box 23397 Tigard, Oregon 97223 - (503)639-4171 9. CHANGES IN THE CHARACTER OF THE AREA WHICH AFFECT THIS APPLICATION, Please Discuss: u Recently, a gradual development of ro• •t along 72nd and Durham Road of an industrial �� property Y � nature has taken place. This pro7ect involves creation of additional building area for future building(s) , and-thus would be an extension of t1 Y:�s gradual growth of industrially zoned property,in the City of Tigard. • l0. DESCRIPTION OF THE SITE `uot Area (acres, square feet) 6,,90 acres 1EXISTING STRUCTURES ON THE SITE Square Distance, Fre,m Property`Lzne Feet North Soclth East %4est Use .�,... ....: � g _7800 S ± 300' ± 20' ± 38Q!, Light Manufactt��:ng� (County Zoning MA-1) r • • NATUFIL CONDITIONS 12. Percertt Slope 13. vegetation Types: Average Diameter . Percent Of Each . Yes mP', Size Of Trees Per Size Trees: 2" .& Legg::' _ 80 % ,,. tree rte Brush 10 12" 20 't. no removal • Grass: X. lea : Flbodplains: X �: How much of the site is: In flotdplel? 43% 15. Water Courses X What type? Sna .1, antrrm%ttent 0 10„ pock Outcroppings . 17. . Other: • 41$ ProposedevytYPlease as e. briefly describe the proposed deve1opnent= Ito proceed venapplrcation request iiic tis landscaping and filling for µuturebitildir development. The owner Seeke the cityls approval of the filling that was acc:c fished W thout permit. The owner was unaware of the city's senS�txve landspErnzt requirements4 � CASE �O. GE► NERAL- APPLICATION FORt'1 -- PAGE 4 ° CITY OF TIGARD, 12755 SW Ash, PO Bax 23397 Tigard, Oregon 97223 - (503)639-4171 ` he. :followin is E--:], is not D required.' 4 ?c 0y•' 1 e „17 14. a g . • ... 20. Overall Site Development Residential, Commercial Industrial Open Space Other Roads Total, • + Fixture •( arkC rxg) • or of acres a gu lditxg area • square 3000 300,564' feetper use ; . e”" 7800 2.119, , • Percent of Z site- •26% 96.4% , cover a:e. —_. ` T e of Residential Use and Characteristics . . # of Bedrooms/Unit T pe of Use # of Units FEF. 1 2 3 4 ' Proposed I}ensil'•,y . • 1 1Wttke r� applicable, please explain how the open space, common areas and recreational facilities 'will be maintained. k • i a • if the prosect is to be completed in phases* please describe each phase of the project. f• Staff Will 1,.t esit.f". . for ' OUt t4heth r this: tnctioo..is .to be cbut teteti<.: .. .,. . . ..... _..� .� __.,� • CASE N�, ICENFRAL APPLICATION FORt4. PAGE 5 6 '•:�._._._-----. CITY OF TIGARD, 12755 SW Ash, PO Box 23397 Tigard, Oregon '97223 - (503)639-4171. .. TIIE FOLLOWING PEOPLE, AS REQUESTED BY THE APPLxf:;ANT, SHALL. BE NOTIFIFFD OF EACH HEARING„ (e.g. Attorney, Surveyor, Ergineer) Staff Notice Notice Report . Decision of RsviQ»';. , Name Dave•Iarson/Mackenzie Engineering Street 0690 S. •W Bancroft Street ,,. , Stare .G7,'4 Zip 97201. . 1 . City : Poa�. ._ •$t1Ll'e ' City State Zip r Street . ... .. r_..__��.<. City State Zip Name ,. ' Street City State Zip f APPLICANT: A } I}WNER. _. . NE July 21, 1)82 MEMOR fNDL'IM TO: City Council FROM: public Works Director , SUBJECT, Floodplain Filling at 74th Avenge & Durham Road j An estimated 5,000 cubic yards of fill have been placed in the floodplain at SW 74th Avenue and Durham Road without a permit. A stop work order has been issued and the property owner given until Wednesday, July 21, 1982, to pick up a sensitive lands application at City Ball. Tlis permit will require considerable engineering and soils work on behalf of ' the property owner to give us information necessary to evaluate the extent I; the of the impact on the floodplain, floodwayr greenway and open space. I anticipate ,allowing the property owner until the end of August to accomplish. z; the necessary engineering and hydraulics work and submit a completes sensitive lands application. Staff evaluation and staff riyport should be completed in time to allow the Hearings Officer to render a decision in September, in plenty of time to have any material removed before the rainy season should that be required. toe will keep the Council updated on the progress cf this issue. • 6 y . `i . . , July 19, 1982 John Duncan ^:. Jedco Chemical Ltd..' 16055 S.W. 74th Avenue Tigard, OR 97223 1 Dear Mr. Duncan: The recent "Pill" that has taken place on your property raises concerns of possible Municipal Code violations. Chaptar 18.57 addresses use of "Sensitive Land", and is your Property is designated as such, it falls within the bounds of this section. Any fill taking place within a drainage way, or floodplain, requires a special use permit, which is issued by the Planning Commission. In addition, any fill in excess of 50 cubic yards requires a permit issued by the Building Officikl. As the City has no record of any such permits being issued, you are hereby notified to cease any further filling, and contact the City Planning Department so it may be determined what action will be necessary to eliminate the. violations. Contact will he required within two (2) days of July 19, 19824 Sincerely, 4 Brad C. Roast; Code Enforcement Officer • /bit . t r • / • 1 BEFORE THE HEARINGS OFFICER 2 FOR THE CITY OF TIGARD . 3 IN THE MATTER OF THE APPLICATION FOR,.A SENSITIVE LANDS PERMIT TO ) No. M2-82; Remanded for 4 FILL AND LANDSCAPE PROPERTY WITHIN ) Rehearing M2-83 )THE FLOODPLAIN OFFANNU CREEK;. John " .� 5 ana Janice Duncan, applicants. ) APPLICANTS' DOCUMENTARY INDEX 7 I. DOCUMENTS, SURVEYS, MA.'S & PLATS 8 A. Record• of Survey of Fanno Creek Boundary and Topo, filed with Washington County Surveyor on June 12, 1979 a9 B. County Assessor's Tax Map 2S 1 13AB, bearing date July 26, 1983 10 C. SA.ysi ive _fin" s� Eat I:b' • e ."i�'El.e��d". ��S a Plan ss-Se �. ' prepared 11 CA.f5; yr ng al'ed n IriE7 12 D. Tigard Comprehensive .Plan Map interim Zoning Ordinance 83-24, bearing date May 9, 1983 13 E. Floodplain and. Grt.enway Policy discussion concerning conflict in City , 14 policies 15 . F. Memorandum dated February 24, 1983, from Bob Jean, City Administrator, ° to Mayor and City Council concerning floodplaittr '*licy 16 G. Decision on Case M2-82 by hearing officer with respect to application 11 dated October 7, 1982., with appended decision 18 19 . 22 2O 23 2 Page"1 - AP.PLICAITS t DOCUMENTARY INDtX • ANbER30N,bITTMAta StANotRstN ,,, �4ttothays d/Lawy Tlgdi l Profo:flotaa COO Or- 665 5.W.Ce"ter SI obi . P.o.,goa 23606 T1lydrdi or ynn 912x3 ",I phori (5O3)639 1121 . • is A EXHIBIT A Beginning at a point which is the southwesterly corner of the property described • in fee #80-44490 of the Washington County, Oregon deed records., thence South • 54°-30`-00" East 89.0 feet to the assumed thalweg of Fanno Creek, said point being the true point of beginning of the parcel to be dedicated, thence North 82°-00'-00" East 134.0 feet; thence North 1.4°-00'_O0" East 159.0 feet; thence North 59°-50' 9° J0S-03-03" East 101.37 feet; thence. South 43°-32'-01 East 116.5 feet; thence 46°-00'-00" West 153.0 feet; thence South 37°-00'-00" West 160.0 feet; thence North 54°-30'-00" West 163.0 feet to the true point of beginning of this dedication. • • • • t4 4%0505 ` -44,4? 04 41' .......w ..n.. ..v... ...w.........a•.t .,. 5.............. , , ,v ,a.-n.... ^. ^^ ... .ek r1.a � 1 Ili.. LETTERS AND COMMUNICATIONS RESPECTING APPLICATION 2 A. Letter of August 2, 1982, addressed to John Duncan by Elizabeth Newton with respect to Ordinance No. 79-46 3 B. Letter of October 15, 1982, from Director Monahan giving notice to 4 affected property owners 5 C. Letter of November 3, 1982, from Monahan to Duncan stating inter alia, that "no new information will be accepted after the hearing officer's 6 decision." 7 V D. Letter of May 9, 1983, on Jadco, Ltd. letterhead signed by John A. Duncan addressed to Elizabeth Newton8 Letter from City Attorney Sullivan to Fred. A. Anderson dated ,3tily 9 18, 1983, marked with carbon copy to Beth Mason and Elizabeth Newton. citing cases I 10 F. Letter from Attorney Sullivan dated September 16, 1983, to .Fred.. A. 11 Anderson transmitting proposed revised conditions k: 12 G;, Responsive letter from Fred. A. Anderson of September 23, 1983, to Attorney Sullivan with amended proposed revised conditions. attached 13 thereto 14 H. Letter from Ed Sullivan dated September 27, 1983, to Fred: A, Anderson concerning inter alia, proposed conditions 15 16 17 18 20 21 22 23 24 25 • 26 � Page z ANDEkSoN,btTrMAN&ANDERSON TIgdrd,Pro siahIdAOtohrtndv4 d1Qt86L6d53WS, Wt972 3 Steet 1eePhble(50 3) 71121 \.\\)1 \\\:__, ''s J ,A D CO S.W. 74th Avenue & S.W." Durham Road Investigation May 25, 1983 (Frank. Currie, Elizabeth Newton, Brad R.) • * Approx. 150 yards of fill material Some of which was on top of .fill previously placed in the floodplain without a permit. .ref: Case # 82-2425 Date 10-8-82 • This constitutes` �.tutes a violation of Chapter 14.Q4 .020 : st 70 of Uniform Building Code Sec. 7003 (..not on' natural ground... in excess of 50 cu. yds) * : (cite-violation) r AND Chapter 1857060 of the Tigard Municipal Code and Policy 3.2.2 (filling in the floodplain) * (cite violation) (p ctu;r i tea attached) ut ' .. ... .. ltd. 1 a .. 1. 4 i. 1 1i r. 119 C W 2;12) I/ . lilt\\\\��VV77////��/ 't' �' A , --P . .1 . ' -• / j j • r�s „,' • •' • ., rr r /r -1- \ . `�\ 1 •\ Imo` • / • • • . , , , , ( 44' ' ' . .. I,yigar '..... ... gilki. \ \ ..• . . ,. • , , . . '''-r., • .' ,• , 7 4/ ,i , i Awls.. ., ,,, . , .., . , + ,. , . „ .. , . , . . . 1 v • • •• • , /A, --- e ,, : , • . Ins.- -...0„.e.:..- ,... . 4.,. . • .... 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''I 4'-"Trl ......._._.......,,j,.'"j4 Nbdfl tT■cx_ . L ,, -L---- 1 - dW drtAebUpY t hr r " ., rr e -.—.—� ..... - `PO: Beth Mason CI 1 Y OF T16 RD' WASHINGTON COUNrY;OREGON FROM: Liz Newton Attached is Mr. A.nderson's request for a contifl.anue of the Jadco Sensitive Lands Permit`. The hearing can be continued to September 29th, 1983 if that will work with your schedule. I 12755 SW,ASH RO,BOX:23397 TIGIkRD,OREGON 97223 PH:6394171' �ry F b .. .. _ , e 4 r ' L_ '''' l J • 1 A £ . '~ Agenda Item 2.2 MEMORANDUM TO: Beth Mason, Hearings Offi.r,e_Y FROM: Elizabeth Newton, Associate Planner ` �I SUBJECT: Jadco, Sensitive Lands Permit Fle�.<ing(!°°" Attached is the staff report and supporting documents including revised conditions for the Jadco Sensitive Lands Hearing. In addition,' I have attached a letter from Fred Anderson, the applicants attorney, requesting that the item be set over. It is staff's opinion that Mr. Anderson does not present adequate reasons to justify a set over. Staff feel that the Hearings Officer should hear the item on September 27, 1983, as scheduled. f . o 1 . 1 . City Engineer has reviewed all calculations presented with the application and finds that the proposed alterations to the site are consistent with :' \ )' the cit s adopted'`zero foot'floodway ordinance and further, that any increase in velocity or change in direction of flow are not detrimental to the health, safety and welfare of the public and will not adversely affect upstream or downstream properties. The city engineer also finds that the proposed changes actually increase the hydraulic efficiency of the stream, „. ,- �_.. .. . .. -,sl, applicant icant to provide 2” pp a plan for development of the` eomplete parcel ; (At least on this side of the creek) If no more filling is proposed in the 100-year floodplain, then all land in the 100-year floodplain after all proposed filling should be dedicated to the public for greenway purposes, , 3. Contribution to proposed bike trail system shculd be required in lieu of of construction of a bike trail portion at this time. ei / .•, , • 4. It appears sbme filling has beon done in the northeast portion of the property which may also be involved in an intrusion into the 100-year floodplain: Should be "checked out." . , '44(,) ( , . — 1 \'' .(4,, 6 i \ ,....., , . a . . . . .,,,, \ \ , , ., , .... , , i„,,,, , . .. . .. • ' - li, . :,. . ,A 1.4k -:, - ., ' A . y g .*. ., • t it. w � / ' • + • �• ! , ,, •,,•,4.•• ..3• ••••4,:ti••,,,,\ •. i NN\ .. * ' , tk . t J,. ,. „.,'.4i.,....0.„!1a6+ plC1 r• 4y ti. r \ r ` , tom .•.,'/ �. .„iiFSt�.r • . • _ / //,(2 A+. a . 3 x r.nr ' • • .�a n1� ,. `\ tl ,./•.\-• • / I _ ____,/ ''' ''•N • i• . • ' . : /.• ... ' ... /II/ .. .--,'1,,,-;,-,'.. • /fi . e6 +• 'Y1 . o'er . `1 11 w ° l . .. ... . . ... .- . , .. . .... . 1..„,. : ,, •,,, ••••.,.,,;:-r.lw {., FI \\. 9 ti cs " . . Is .. - ,,_ .. / .. , •,.. oc,,, —......._ -..- .,-,--...-..,.. ...,.. . 1 1 y\ 'j Lt ,, 7. 1 P ii • 1 .,\\.. V, ,\ +''. . J!•,f'f 6 r✓1 :.may , •. i{. ♦ ^ r.y.� ♦ .".... cJY v1�'li \ f y, ,Y ��e�7yr _ � 5 /yJ ry • '' • ' At '• .-„ . . ..,,•. i. . . '•''' '' \i'°*4\ h 1; za ",f, J x ''r ` YLL^ p' �\ 0. { ''- , ;n.. ' ^ y. - ' ` .rxnn +'', • MACICENZIE ENGINEERING I,NCORPORATEL Sheet 1 of 3 Et BIT "c" MEI Job #182367 JADCO INTRODUCTION The following narrative will provide brief responses ' to the Tigard Zoning Ordinance criteria for a Sensi • tive Lands Permit. The proposal includes cut and fill .'. within the floodplain, for future development of build- • ing, landscaping, and open space. • The fill material which has been placed on the site, was obtained by the applicant from the contractor in- ` • stalling a new storm water drainage pipe in Durham : Road, as well as other local construction projects. The applicant received the material after checking with the State of Oregon.: _ He was unaware that a per- mit for filling, from the City, was required on the assumption that disposing of the excess material in this manner would be of value to all parties concern- ' ed. The filled area was previously a low depression, sub- ject to periodic flooding from Fanno Creek . With the addition of the fill, the applicant will utilize the upland area for future building, parking and land- scaping, while the slope, floodplain, and stream Chan `�• ; nel. will :remain in a natural character: ' It should be emphasized that although the fill has been! placed, the applicant was not aware of the necessity of permits, and did not intend circumvent any regulate tions. In addition` to thefollowing statements addressing Sec- tion 18.. 37 (t;enitive Lands) and Part II (a) 4 of the floodplain application, a site plan has been prepared sand accompanies the application. Also, complete engi- • ', neering calculations have been submitted to the Direc- tor of Public Works: A. The proposal will not reduces the ot.Eac i.ty o the floodplain area or raise eithet the flood surface elevations or flow rates. The proposal maintains the floodplain capacity in two ways: w The channel flow capacity is maintained by reducing the wetted perimeter of the channel which reduces flow resistance and friction, and increases the hydrau- lic efficiency of the channel: The flood • h4'0(4/8. Themes F? Mackenzie Eric M,M.BYtshears . 0690 SM. BANolto '`S l EEt s ;PORTLANO,'oRSOoN 91201 + :PHONE 508/224,-W560 m�. MACKENZIE ENGINEERING. INCORPORATED Sheet 2 of 3 MEI Job #182367 JADCO profile is controlled downstream by the constriction at the Durham Road bridge. This constriction remains unchanged by this proposal 2. The storage volume of the floodplain will be maintained by excavating areas L between the top of existing creek bark and, toe: of fill slope. 1 . 4 The capality of Fanno Creek, adjacent to the subject property, has been calculated for the • following conditions: 1 1. Existing stream (prior to fill) . 2. txisting stream plus fill to date. 3. Proposed total fill, floodplain alteration. • B. The proposal will not adversely affect the flow ;p6 direction on upstream or downstream •ropert ies The rropeisal does not include any relocation of the main stream channel, therefore, no redi- ° rection of flood flows will occur. C. Identify anyforeseeable hazards to E11121.1.,2 health, safety and welfare, and how they will be mitigated. The proposal will not create or increase any hazard to the public health, safety or general welfare since the basic drainage way character w,,11 not change In most cases a drainage way ' is' not considered hazardous, since in its natural' state a flood water rise will occur elowly enough to pose no' particular danger. Currently, la. ge boulders and trees kiav dropped over the edge of the fill. be removed,' as they present minor tions in their current location (the float out and result in substantial cense trio tion in the stream channel) . C. ' MACKENZIE ENGINEERING INCORPORATEDz- sheet. 3 of 3 ,, MEI Job #182367 JADCO The earthwork (cut and fi nll) proposed will re- • sul--t in no change in the 100 year flood profile, which is consistent with the City of Tigard's adtpted "zero foot" floodway ordinance.. (see attached General Data Sheet and Compute- tions submitted to the City Engineer) . • D. Erosion Control. Erosion Control must be an integral part of the . v; alteration proposal. The alteration increases the average stream•velocity only about 13%, (appro)x..5 fps.) , however, the existing stream .' velocity is detrimental to unprotected native material. The relatively granular fill Should" be rip- •. . rapped with C" 12" pit run rock to 1' above (;„7 , • the 100 year f loodplain.� The ekcav'ation area '.t» should have an establ-ished, native grass cover prior to any: majo;4 stream flews, as stream e ,' ' velocities above 4 feet per second 'could cause erosion of the silty-clay soil. '. CONCLUSION 1 Theproposal as herein outlined will allow industrially • zonedepriopertyto stoaheddeveloped to a higher level. It s that the proposed Modifications to the 100 year floodplain Wily` not cause a rise in the j flO0d profile; will not create re-direction or increase, s. in flow; will not cause erosion and sediment transport j', utilizing the recommended erosion control methods. a • M1., I CILVSim t } A o, P '. . • ., , - , N .. a . .,*. . ,' , ,. n ,.3r.',. V a '6 XHIBIT 11D1t - : ;_4 . . r c ty Engineer has reviewed all calculations presented with the application i.; , and finds that the proposed alterations to the site are consistent with . • the cit s adopted'zero"foot'floodway ordinance and further, that any ` increase velocity or change in direction offlow are not detrimental n to the health; safety and welfare of the public and will not adversely' ,. fI affect upstream or downstream properties. The city engineer also finds. ; e; [ that the proposed changes actually increase the hydraulic efriciency of Nthe stream, 2. Ask applicant to provide a plan for development of the complete parcel , (At least on this side of the creek) If no more filling is proposed in the 100-year floodplain, then all land in the 100-year floodplain after , vf °• all proposed filling should be dedicated to the public for greenway purposes. 3. Contribution to proposed bike trail system should be required in lieu of of construction of. a bike trail portion at this time. 2 4, It appears some filling has been;done in the no;'Lheast portion of the property which may also be involved in an intrusion into the 100-year p , n floodplain, Should be "checked hut, • 1 i riI-n 51.060 WATER.L AWS- 4 _ rte _ t { b water rights; •: otherwise, Damage resulting from extraordi- X1.080 Suits involving decree as to prior�•ltaf��. In any suit nary and unforeseen action of the elements,or parties; attributable ir.t whole or in part to the wrong. commenced for the protection of rights to ful interference of another person or irriga- water acquired under the pruvisioits of the Act qd tion, drainage, waterimprovement or water of 1891, pages 52 to 60, Oregon Laws 1891, •, control district organized pursuant to' ORS the plaintiff maymake any or all persons who t't • chapter 545, 547, 552, 553 or 554 with the have diverted water from the same stream or' r'J irrigation, drainage, water supply, water source parties to the suit, and the court may. ;!..-;.,;1; a��,: control or flood control works, which may not in one decree determine the relative priorities i,, be known iso the person or irrigation, drain, and rights of all parties to the suit. Any per- . 7 „fir age, water improvement or wa.er control son claiming a right on the stream or source, , g district organized pursuant to OR chapter::not made a party to the suit,may become such ° '+'_ 545, 547, 552, 553 or 554 for such length of on application to the court, when it is made tor ' ' time as would enable the person or irrigation, appear that he is interested in the result: and 11;4 1 , f drainage,water improvement or water control may have his right determined,The court may !..,,,,t):, district organized pursuant to ORS chapter at any stage, on its own motion, requite any 545, 547, 552, 553 or 554 by the exercise of persons having or claiming rights to water on —.:14±...„ reasonable efforts. to remedy the same, shall the stream or source, s to be brought 'in and not be recovered against the person or irriga- made parties, when•it appears that a complete` -s gcannot be 1 presence. tion, drainage, water improvement or water determination of the issue involved control district organized pursuant to ORS made without their .'•,,!,,,'4::..i, ' chapter 545,547,552,553 or b54, (2) An action or suit under subsection (1) APPROPRIATION OF WATER t'' ,1 (2) MINING AND ELECTRIC of this section must be commenced within two UNDER1899 ACT• ; ;' years from the date when the damage is first POWER, ; discovered or in the exercise of reasonable 541;110 Use of water to o<evelop ricin- a ':' • . care should have been discovered, However,in. eral resources and furniish power. The use r •; no event shall any such action or suit be coin- of the water of the lakes and running streams ' 1 menced more than four_ years from the date of Oregon for the purpose of developing the i" the damage actually occurred. 1197s c.882 Iii mineral resources of the state and to furnish electric power for all purposes, is declared to ,, 541.060 WRste of water; flooding be a public and beneficial use and a public .1,,:j,a i premises; unnet ca'ary diversion. Every necessity. Subject to the provisions of the ' corporation having constructed a ditch, canal' Water Rights Act(as defined in ORS 537.010), A A. flume tinder the provisions of the Act of the right to divert unappropriated water. of ;,,1,:;,,A1,' 1891, pages 52 to 60,Oregon Laws 189.'., shall any such lakes or streams for such public and :'F e • carefully keep and maintain the enibank- beneficial use is granted. '::-.1r1 menu and walls thereof, and of any res ervoir 541.12. Ditches, etc., through Janda - 14 " constructed to be used in conjunction-there-; two_or more prohibited; use ..of existing •r:',,r'. with,so as to prevent the'water from wasting �" ditch by others than owner,joint liability. � . premisesNo tract or parcel of improved or occupied tif+r; and from floodingor damaging they of others. The corporation which shall`not divert at land in this state shall, without the written .i4'. any time any water for. it has x oactual consent of the owner, be subjected to the bur- ; ' 4 use or demand, den of two or more ditches, canals, flumes or •': 541.070 Ditches, canals and manes as pipelines constructed under the Act of 1899, 4 ; / real estate. All ditches, canals and flumes pages 172 to 180, Oregon Laws 1899, for the i J permanently affixed to,the soil, constructed purpose of conveying water through the prop- y,when the same object can be feasibly and f°,•` under the provisions of the Act of 1891, pages ert practically attained by uniting and conveying Oregon Laws 1891,are declared to be all the water. iiecessaiy to be 'conveyed *.;,. d.: 52 to 60, g • real :estate, and the. same or any interest through sufih property in" one ditch, canal, :. ..u,.3 . therein shall be transferred by deed only,duly Anyperson having, con. ,` flume or pipeline. :p wirnesse and acknowledged+ 'The vendee of .."i strlloted a diti h, canal„ flume or pipeline for ,' the same, or anyinterest therein, at any stage this purpose provided •iii the Act 0, 1889 shall .,k i. shall succeed all the rights s` his vendor, flu orpipelineso ,so as rge such ditch, 4,. and shall be subject to the same liabilities allow any other Person to ea not to interfere `'' during his ownership, cartel, flint ' . 902 4. 111,, , r. MISCELLANEOUSPltOVt JNS 541.055 I ---- - _ WATER COMPANIES ditches, canals, flumes, distributing ditches, ORGANIZED UNDER 1891 ACT and feeders of any corporation appropriati.ig water under the provisions of the Act of 1891, • 541.010 Furnishing of water for cer- across all lands belonging to the State of taro purposes declared to be a public Oregon and not under contract of sale, is utility; i des; amendment of law. (1) The granted: use of the water of the lakes and running ' 541.040 Head ate; mode of construe- streams of Oregon, for general rental, sale or Headgate; for purposes of irrigation, and tion. Every corporation having constructed a , 1 p og ditch, canal or flume under the provisions of supplying water for household. and domestic consumption,and watering livestock upon dry the Act of 1891, pages 52 to 60, Oregon Laws lands of the state, is a public use, and the 1891, shall erect end keep in good repair a right to collect rates or compensation for such headgate at the head of its ditch, canal or �.. use of water is a franchise. A use shall be flume, which, together with the necessary deemed general within the purview of this` embankments, shall be of sufficient .height section when the water appropriated is sup- and strength to control,the water at.all ordi plied to all persons whose lands lie adjacent to nary stages. The framework of the headgate or within reach of the line of the ditr'i, canal shall be of timber not less than four inches square, and the bottom, sides and gate shall r� • , or flume in which the water is convey.,d,with q '� out discrimination other than priority of con- be o£ plank not: less than two inches in thick- ?'.; tract, upon payment of charges therefor, as nes`• ' long as there may be water to supply. ,. 541,.050 Leat age or overflow; hablh. (2) Rates for the uses of water mentioned ty; exception. 'Every corporation having in this se tion may be fixed by the Legislativeconstructed a ditch, canal, flume or reservoir Assembly or by such officer as may be given under the provisions of the Act of 1891, pages that authority by the Legislative Assembly, 52 to 60, Oregon Laws.1891,shall be liable for ° but rates shall not be fixed lower than will all damg.ges done to the persons or property of n leakage the net profits of any ditch,canal,flume others, arising from .,, ga or overflow of J,i ; or system thereof to'equal the prevailing legal water therefrom growing out of want of rate of interest on the amount of mnney'actu- strength in the banks or walls, or negligence aally paid in and employed in the construction_ or want of care in the management of the ' s i and operation of the ditch, canal, flume or. di a, a canal, flume or from reservoir. Hoy eand ` , system. unforeseen action of the elements,orattribut- ' (3) This section and. OILS 541.020 toable in whole or in part to the wrongful inter '. 541,080 may at any time be amended by the ference of another with the ditch,canal,flume Legislative Assei._`?,v, and commissioners for or reservoir, which may not be known to the the management of water. rights•and the use corporation•for such length of time as 7vould of water may be l',ppointed. enable it by the exercise of reasonable efforts 541.020 Construction to remedy the same, shall not be recovered struction of ditch, etc., by against the corporation, corporation; route across lands. Whenever i any corporation organized under the Act of 541.055 District liabilityfor seepage 1891,pages 52 to 60, Oregon Laws 1891, finds and leakage from water or flood control it necessary to. construct its ditch, canal, works; limitation on commencement of , , flume, distributing ditches, or feeders across action,(1)Any person or irrigation,drainage, improved or occupied lands of ti-c- another, it water improvement or water contr€il district . ," select the shortest and most direct route organized pursuant to ORS chapter 545, 54/,. i .' '. pi act cable, having reference to cost of con.- 552', 553 or 554 that owns, operates or main- stru,„ion upon which the ditch, canal, flume, tains any irrigation, drainage, water supply, d`stributing'ditches, or feeders can be cone water control nr flood control works shall be • sti•ucted with uniform or nearly uniform liable for damage caused by seepage and leak- 1, eak1 i grade.' age from such works only to the extent that such damage is directly and proximately It,. "t,i 541.030 Ditches, etc:, across state caused by the negligence of the person. or R i i - --, lands; grant of right of way. The right of irrigation, drainage, water improvement or way, to the extent specified in the Act of 1891, water control district organized pursuant to ., d ,s ; .;. , .; pages 52 to 60, Oregon Laws 1891, for the- ORS chapter.545,bdl, 5520 553 or 554 and not. ,..f .. ____. ... .....•_ .... , . . . 1 . . . . , • . , , . . . ' . 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':.,,..:..,.N.;',.., „.,4„,,,i., ..,.. . : .... •. ''. ''... ' :.9: ..:.:1-- • :' , ----.-.---N - .. .•'''''.,.... ' .-, ...t.•: . --`-7......-- 447',.-1',"R'.k.`','.,:..01T,';';','.:?...'''''• .:. : ' . 1 :: ' - ' '• ''' '''s . ' .: ' ' ... . , .i,..4'..r!,*:,::•:•:.1•:•'.;.r•,..'''' ..';,.,'• ' ''. :**!-';.' • ''. ' ' ' ''.. "'P Yikt."'"•• L''"\q`"Z .'' ''' ..\ . . -" - • .. ' 1 '''....i'!i.'f"::.. 1''''‘;!ts.'::f';';---.---n'L':ii;',':','''...'-'.'..-41:'.'*.'" ,,':''''•:..•';''''''''..‘ ':11.'-. ''''''''... ':::••••‘;''''.. •'.. .::::*::". .,'1'''t,S•C‘C,A0,.. Asfl' t). .:-.0-) '‘'i•:/..N\•:' °':... . , .• •MAIL 400•A,.. 10 ' • ' , . ''',.•.:•:... ' 'TAP': 'L:':''' ' . ' ° '•.' ..'1. i•;::•i '. '' i .--- , '''. ' '' lir ' ...•0 ..., ..•:::. i'''..',;7:','''...'':.;''/ . I . ' .,;• . i:..]:,•,, %, t'‘ ..t. V'till+ L.C.)C., .1`'.),...at ` , , • . . q :'''.):: fl'•11.;',•4:'''. .`..'•"'4' ''. ' '(I ' '›: I. - ''' '''' '' : ' : k''' 1K''`'• .'' ' • `‘. ) - .., 'ii. '1.,1;',''''. t . r'-- ''.-....' . "'v;.. „. ' ..- -. ..• - r...-. ---- .. - ', \ , 1 \ . ' J... I: - \iS , . ,.., / ‘:..* .--'—',-.:"*.tc'' r 1 ,: f \ ';‘,..,,,/,./ .1/ • i• ) f''''',,, I , , '. ,. i a! \ . .1_1.. „I,.....1.. 1.1.1 _•, '-"- .' '>,,;;"<s\ ,,,- sT•,'." ''''144. )-- ' •• • • • LW • „LI I 1 ... !---.-1-- N,e„, , , - . .. . ., 1 . ' ,'"0-1' '' - i - .. . , d1 '‘,.. .......!t!i!,... 1.''''F.•-...... J ,, . e; ; . " ,' ', . . . . , ,i ifif,,,i.t ...,,4, r-.1.-T-T, /. •--- -/:.,.--....--...-- ..,,,,,*„. \ , ,.. 1., ,,c ..,AF,.., ., ,, • . . . , . .,4,... . • . . .- •-. • . ,•, CHANNEL BAttK PROTECTION • 6.J1 :00 General Channel bank protection is necessary when natural bank material is unstable as discussed in Section 5. Riprap of rock, rubble maaonry: with grout, sacked concrete, and broken concrete slab are most cOmMonly used to protect embankment or channel slopes of unstable material .02.00 . r od_k I;ip ,l Rock riprap is either light loose or heavy loose riprap. Eitherr. should'be placed-on a one-foot thick fiiter:material graded from sand •- - to. b inch gravel to protect the original bank materioi from scour or sloughing. The filter should be graded in layers from fine to coarse out to the' riprap. Riprap thickness should be 2 feet thickfor light loose and 3 feet thick for heavy loose riprap. The .toe of the riprap r should be placed below the channel bed a depth er:,ual to the thickness of the riprap. '' )E;C 1)_ 100 gr- flood depfl (IP fighter 0 D---,,k fi,____ .''‘ :5... - ,,\. ' .... ...'. ': 1. .. .4 7:9,„,,,,,,,/ ,,Tor ?hr , y r 7 i U i r m� it (t. PROPOSED REVISED CONDITIONS } Bike; and 2edestri.an Path s` A bike and pedestrian path is provided in the Comprehensive { Plan of the City, specifically the Bike Plan and the Natural Space Elements thereof, to serve this property Features and Open and others in the vici .ity ,so as to serve employers and their employees and provide for transportation alterantives to the 4f• automobile, As such, the following condition is imposed under t' TMC 18 .84.100 (a). (1) . -(2) and .(4) : , The applicant shall either: A. Con dtruct a bikeway to City standards the length i.s' of the subject property, as provided in the 1 . aforesaid elements. The; specific locat...on of the 1. bikeway; shall be decided by the Planning Director. k under TMC 16 .84.050 (a) ; or B. Submit' to the Public _ parks Director an estimate ; for the• cost of such bikeway, 'deposit such sum }, Public Works Director as is certified by the, Pfor ;. the cost of such construction or provide a bond, 11. t approved as to form by the City Attorney and valid for a period of 10 year for such costs, 1 f and wave reinonstra ioe to the formation of a" 1 local -improvement district to undertake such an I improvement. ,. If a local improvement district be formed to Cons . it, s eh ! ' an mpr�,;,ement, the applicant shall be credited the appropriate ` • amount for its dontributiPn to those iiiipraVements. ; Flood Plain Dedication Lands within flood plains are generally unbuildable under v. the Tigard Comprehensive Plan and Development Ordinance. Such landsaesthetic addition to their qualities as part of a greenway along rivers, creeks and streams, have an important flood water storage function. When permissible under its ordinances, the City may allow fill .and removal in the flood plain; however, the Tigard Comprehensive Plan (Policy No. under ) normally requires dedication of such lands as are within the 100-year flood plain. - In this case, the applicants have actual and potential uses of portions of their:` property, even without the use of the 100- year flood plain. In so doing, the City avoids any possibility of a "taking" under Article I, Section 18 of the Oregon Constitution and the Fifth and Fourteenth Amendments to the United States Constitution. To protect the public 'from flooding hazards and to .carry out TMC 18.84.100 (e) (1) , (2) , (3) and (4) , the following conditions are :imposed: A. Thea licant shall dedicate. ., pp dedicate the land described in Exhibit °A° to the City of Tigard. Such land shall be used for flood water storage and such other uses as will not interfere with the flood Water storage function of such land. 1E the applicant desires, the City shall provide that such lands not be accessible to the public until after a public hearing before the City Council. At such Y hearing, the C�,t Council eta �.mp osPse reasonable condi- tions on public accessibility to protect the applicant in its industrial use of its ,land, and the public. Before this permit becomes effective, the applicant ° shall consent to the conditions unposed hereunder by and (d) . TMC 1�i.8d110 Vic) In addition the following conditions shall also be met: 1. The applicant and City Engineer shall determine a final grauing plan to arrive at a solution which alleviates the City Engineers concerns relative to erosion and stream flow direction and gains the same results as proposed by the applicant. 2.. A soils by an approved soils investigationengineer of the area to be filled shall be made before and \‘ after the filling and excavation occurs. , 3. The material used for stream bank protection shall be aarequired by the City Engineer. i. t: 1; iF ti 4 yew.: • • . MACKENZIE ENGINEERING INCORPORATED Sheet 1 of 4 , , JADCO CHEMICAL LIMITED SENSITIVE LANDS MEt JOB # 182367 INTRODUCTION The following narrative will provide brief responses to the Tigard Zoning Ordinance criteria for a Sensitive Lands Permit. The proposal addresses cut and fill within the floodplain, for future development of,build- ing, landscaping, and open space. The original fill material which has been placed on the site was obtained by the applicant from the Contractor installing a new storm water drainage pipe in Durham Road, as well as other local construction projects. The applicant was unaware that a permit for filling, from the City was required. It was assumed that disposing of the excess material in this manner would be of value to all parties concerned The filled area wart previously a natural depression, subject to pe,r..odic flooding from Fenno Creek. With the addition of the fill, the applicant will utilize ,- the P building, parking nd- scapinganwhileatfor future and. land- scaping, the slope, floodplain, and stream channel will remain in a natural character. It should be emphasized that, although the fill' has been placed, the applicant, in good faith, was not aware of the necessity of permits, as he was thus advised by i others upon whom he relied. It hasbeen suggested that Jadco Chemical Ltd. become a joint venturer with the upstream neighbor onboth engineering design and construction along the creek. The upstream neighbor has no immediate desireor inten- tion of participating in such an endeavor, thus this ' application addresses only the area of the 1982 fill. Jadco Chemical L,d. may, at some future date, present an application for additional area. In addition to the following statements addressing section 18.57 (Sensitive Lands) and Part pi(a) 4 of the pbeen floodplain application herewith , a site plan has eared and accompanies the `application, Also, com prepared plete engineering calculations have been submitted to the Director of Public Works: n cI i3 r i paint. T homes 7.Macitenzie E,'k I,Salto M.i3re§Nears 0890 SIN BANCROPt STREET ' PORTLAND, OkE oN 97201 f. PHONE 5ti31g249 66. IACKENZIE ENGINEERING INCORPORATED - Sh,nez 2 of 4 MEI Sob #182367 JADCO CHEMICAL LTD. • APPROVAL CRITERIA A. "The proposal will not reduce the capacity of the floodplain area or raise e ther the flood sur-- face elevations or flow rates". The proposal maintains the floodplain capacity_ in two ways: 1. Pursuant to the recently adopted 0' floodway ordinance as well as revised policies re- lating e lating to development in the floodplain \ (Comprehensive Plan, revised sections 3.2.1 through 3.2.3) , this:'application has been revised accordingly. By limiting fill to:out- side of the 0' floodway, by definition no increase in flood surface elevation will re- suit. The volume; of water in a given time (flow rate) will not increase as a result of this change. The flow velocity will not increase significantly as explained in the following section on erosion control. 2 The flood storage capacity is maintainad by excavating an area within the zero foot floodway to balance the fill proposed outside the floodway. The Tigard Public Works Department has advised the applicant that adjustments of this nature are not allowed r ' to occur in order to narrow the 0' floodway, but are an acceptable means to balance the flood storage. The actual effect of this procedure will' be to lower the flood • - - profile; - as rofi:le- as the compensatory excavation will enhance the flow characteristios of ranno Creek (See Ordinance 83-20, Section 3.2.2 (a) 1) °The proposal will hot adversely affect the flow direction on upstream or downstream properties" The proposal does not include any relocation of the main stream channel, therefore, no redirec t;Ion of flood flows will odour. C. "Identify any foreseeable hazazds to pubic health safetyawre, and h w they W) 11 be mitigated • The proposal will not create or increase any hazard to the public health, safety or general welfare since the basic drainage way character will not change, lax moat cases a drainage way r , is MACKENZIE ENGINEERING INCORPORATED Sheet 3 of 4 MEI Job #18236'7 • JADCO CHEMICAL LTD. • • is not oonsidered hazardous, since in its natural state a flood water rise will occur slowly enough to pose no particular dancer. • Large boulders and trees have been dropped by trespassers over the edge of the fill. These will be removed, as they present minor flow restrictions in their current location (the log • could float out and result in substantial con- • striction in the stream channel) . EROSION CONTROL Erosion Control is an integral part of the alteration proposal, The alteration increases the average stream velocity only about 15%, (approximately .5 fps) , 'however, • the pre-existing stream velocity was detrimental. to • '. unprotected native soils. The relatively granular fill will be riprapped with 6" and larger size rock to 1' above the 100 year floodplain. The excavation area *ill have an established native grass cover prior to any major stream flows, as stream velocities above 4' per second J, ' - could cause: minor eros-ion of the silty-clay' soil. - '. • ACTION PROPO5;ED .EY THE OWNER TO ASSURE COMPLIANCE WITH CITY RE"UIREMENTS: • A. Remove fill material in the area of the en- croachment, such that the 4 p of the fill is no closer to the stream than the 0' floodway (near Section A-7, see Plan) . B. Place additional fill material, out to the .0' f loodway with the top ofthe slope, 110 further north than the east/west extension of the south ;1 wall of. the warehouse building. �1 C. Riprap the fill slope as outlined under Erosion Control above. ' D. Excavate area adjacent to the Creek to satisfy the requirements of floodplain storage area: E stabilize the surface of the fill and provide a siltation dam of bales ofstraw prior to re-entry to F'anno Creek F. Agree that at the time of definitive City scheduling of bike path construction, dedication o bike path easement, as well as pry vid nq ade= quate temporary Construction area will be assured 1VIACKENZIENGINEEG RININCQRPf3Iif TSD Sheet 4 o.'c 4 7 • 4 MEI Job #182307 0Apco CHEMICAL LTD. CONCLUSION The application, assubmitted, is. in conformance with the recently adopted Comprehensive Plan revision which provides economic development in the area with which we are concerned in this case. 3.2.1 -- This s- ction is satisfied, since no en-- croachment on tha 0' floodway will result._ 3.2.2.2 -- As mentioned above, the only work allow- able in the floodway is that of excavation to com- pensate .for fills outside the floodway. This action will also enhance the function and maintenance of the 0' rise floodway. 3.2.2.b.1 Satisfied as explained ained above. 3. 2.2.b.2 This condition is satisfied, as both • sides of the creek, on this property, are zoned industrial. 3.2.2.b.3 Not applicable, as both sides of the creek are industrial. 3 .2 . 3 .a -- Satisfied as outlined in the calculations and narratives 3.2.3.b Satisfied as outlined in the calculation and narative. 3.2 .3.c -- Not applicable -, both sides of the creek are industrial. 3.2.3.d -=- .Discussed above in Section "Action Proposed by the owner" • / • ANALYSIS OF THE CITY OF TIGARD'S EFFORTS, INCLUDING ITS STAFF REPORTS, TO INVOKE RETROACTIVELY THE DEDICATORYREQUIREMENTSOF ORDINANCE 83-20 WITH RESPECT TO 100 , ° YEAR FLOOD PLAIN AND CONSTRUCTION OF BIKE AND PEDESTRIAN PATHS It appears that prior to adoption of Ordinance 83-20, copy attached for ready reference, the sensitive lands regulatory matters within the City of Tigard, • set forth in Chapter 18.57, captioned "Sensitive Lands" was based on Ordinance 79-46 and perhaps other earlier ordinances. It is to be particularly noted that Ordinance 83-20, was adopted by the City Council on April 18, 1983, purported to become effective on April 1, 1983. This ordinance for the first time invokes any requirement of dedication to the public of lands within the 100 year flood plain ' as well as the requirement that applibant fora sensitive lands permit shall con struct a pedestrian or bike path in accordance with the requirements of the compre- • hensive plan of the City. The following is reproduced from Ordinance 83-20, Section 3.2.3 d.: "The dedication of sufficient open land area for greenway adjoining the floodplain including portions at a suitable elevation for the construction of a pedestrian/bicycle path- way within the floodplaitl in accordance with the adopted pedestrian bicycle pathway plan.{' OLdina t.:e 83-20, Section 3.2.3. :d. The following conditions are set forth in the staff's analysis and con- clusions recommending approval of the application under "4 and 5" "All lands remaining in the 100 year floodplain shall be dedicated to the public prior to the issuance of any per- mits. The dedication document shallbe recorded with Washington Countyafter it is approved by the City. "The applicant shall construct a bikeway to City standards ' the length of subject property, to meet the approval of the City ngineer or. ata minimum the applicant shall submit to the City an estimate for the cost of construction for the bikepath and deposit to cover those costs." Staff Report M/-83) Page 7, sr Sections 4 and 5; It should be noted that Ordinance 83-20 proposes the dedication of suffi tient open land for a greenway adjoining the floodplain and the staff report requests ",. .a11 lands remaining in the 100 year flood plain shall tie.dedicated to the public. .," Ordinance 83-20 makes no reference whatever by way of amendment, revoca- tion or otherttise, of Ordinance 79-46 ,:rf the Tigard Municipal Code under the , , "Sensitive Lands" heading. Sections 3.2.10 3.2.2, and 3.2.3, with their various sub-sections, purport to set forth various guidelines in an outright manner witih • out reference to any pre-existing rules whatsoever, including but not limited to those whichmay fall within the purview of the comprehensive plan. Ordinance No. 79-46, by its terms, appears to have applicability to flood plains and drainage ways with particular reference to standards, set forth in Chapter 18.57.060. By comparing a copy of Ordinance 83-20 with Ordinance 79-46, it will be readily ap • parent that 83-20 in many ;respects is out of context with the pre-existing 79-46 and any amendments thereto, particularly noting that 83-20 does not in any respect mention prior regulatory rules, standards, ordinances or otherwise, and presumably by its terms is wholly independent of prior regulatory matter, thus readily em- ' phasizing the outlook that the 1983 enactment cannot have any retroactive effect ° with respect to the Duncan lands. It is to be particularly noted ,that the provisions of ORS dealing with planning in cities, as set forth in Chapter 227 and those in Chapter 227 and those in Chapter 215 dealing with county planning have been stated by the Supreme Court to have unanimity of outlook where otherwise applicable. In this regard,. ORS 215.110(6) states: "No retroactive ordinance shall be enactd: finder, the ' provisions of this sections" , ` 1 ORS 215.110(6) { ° Nowhere in the City Planning and Zoning section of ORS Chapter 227, is there any basis for the staff's demands .fot dedication of all remaining flood plain lands, nor requiring construction of bike or pedestrian paths within -the: ownership, notwithstanding the provisions of ORS 227.2.,5 and 227.280 quoted here- after. It should be particularly noted that there ill no express authority in Chapter 227 dealing with city planning and toning which authorizes the city to require dedication of lands or construction of bike and pedestrian paths as a condition precedent to issuance of permits. "227,215 Development defined; regulation of development. . (1) As used in this section, 'development' means a building 1. or mining operation, making a material change in the use or l appearance of a structure or lands dividing land into two or more parcels., including partitions and suodivisions as provided in ORS 92.010 to 92.285, rtnd;creating or terminating a tight of access, "(2) A. city may plan a?lu otherwise enrautage and regulate the development of land.. A city may adopt an ordinance requiring that whatever land development is undertaken in the city cot- ' ply with the requirements of the ordinance and be undertaken only in compliance with the terms of a development permit. .- I, "(3): A development ordinance may provide for: "(a) Development for, th*h± h a permit is granted is of tight on compliance With the terms of the ordinance; !I 11(b) Development for whicha permit is granted discretionarily in accordance acrd consistent with the requirements of ORS 227,17 `; -2- /. "(c) Development which need not be under .a development permit but shall comply with the ordinance; and "(d) Development which is exempt from the ordinance." ORS 227.215 ORS 227.280 is quoted as follows "Enforcement of development legislation. The council may provide for enforcement of any legislation estab- lished under ORS 227.215." ,ORS 227.280 It is well established In law, both administrative and statutory, that "s'tatut4esor regulations which say nothing about retroactive application are not applied retroactively if such construction will impair existing rights, create new obligations or impose additional duties with respect to past transactions." Derenco, Inc. v. Benj. Franklin Federal Savings and Loan Association, 281 Or 533, Supreme Court of Oregon 1978. With the same outlook, the following 'cases also support the same point of view: "Statutes other than those which are procedural or remedial in nature are applied only prospectively in the absence of direction to the contrary." Soseph v. Lowery, 261 Or 545 495 Ptd 273 (1972) "It is a general rule that statutes will be construed to operate prospectively unless an intent to the contrary clearly appears, Denny v. Bean, 51 Or 180, 93 P 693, 94 P .503, Spicer v, Benefit Ass'n of Ry Emp. , 142 Or 574, 1i 592, . 1? P2d 1107, 21 P2d 187; Lommasson v.. School Dist: No. 1, 201 Or 71, 100., 261 P2d 860, 267 P2d 1105; Sutherland, Statutory Construction (3d ed) §2201, p 114; Crawford, The Construction of Statutes, §277, p 562. The t pA contains no indication that Congress intended it to operste retroactively., and,under the general rule the act would not apply to this .case since all of the ac- tivity compia hied of occurred prior to the effective date of the act," Kempf v. Carpenters and :Joiners Union 22 Or 341, 367 P2d 436 (1961) _8 In accordance with the foregoing, it clearly evident that in the present case, considering that a rehearing pursuant to remand of an appeal from ^ decision made in. 1982, long prior to the adoption by the City of Ordinance 83-20 is involved. It should be noted that the comprehensive plan for the City of Tigard has not even at this point been acknowledged by LCDC and has no effec- tive standing. Any purported requirements under Ordinance 83-20 with respect to dedication of all or any portion of the Duncan lands, particularly noting the differences between the unsupported request for dedication of all floodplain lands in the staff report and the purported requirements of Ordinance 83-20 are clearly without legal standing as efforts to give retroactive effect thereto,. without regard to the limitations imposed by constitutional, statutory provisions and court decisions applicable thereto. appear to have The following cases pp pertinence'pence tq the problems which arise by reason of the City's efforts to require dedication of all Duncan lands remain- ing ing at 130 foot elevation or lower ofTax'Lot 800, Tax Map 2S1 13AB, originally comprising 6.82 acres, and of which perhaps two-thirds of the total is lower than 130 foot elevation. 1 • The following cases apparently exemplify the City's basis for the dedication requirement: "A statute authorizing the governing body of a city or county to require that a subdivider, as 'a condition to approval of his subdivision map, dedicate land or pay fees in lieu thereof for recreational and park purposes, and a city ordinance implementing this statute, were a . valid exercise of police power and not violative of the >, equal protection and due process clauses of the state and federal constitutions.: Associsted Home Builders, Inc: v: Walnut Creek, 4 Cal 3d 633,: 94. Cal Rptr 6305 484 P2d 6065 43 AL1. 3d 847, app dismd 404 'US 878, 30 L Ed 2d'159, 92 S Ct 202." AmJur 2d Zoning and Planning Section 166, Page 666, Voh uie 82 iWhile a munic^pality may require a developer to provide streets necessitated by activity within the proposed sub- division and may require thedeveloper to assume any costs specifically and uniquely attributed to his activities which would otherwise be cast upon the public, the municipality was not authorized to require a developer to dedicate a strip of land to the municipality without payment in order to widen a main thoroughfare 700 feet distant from, and to tally unrelated to, the proposed subdivisions McKain;;va Toledo City Plan Comm, 26 Ohip App 2d 171, 55 Ohio Ops 2d 313, 270 NE 2d 370." AmJur 2d Zoning and Planning Page 669 Volume 82 -4- P . "* "The 1. Osis for upholding a compulsory land dedication require-.. ment in a platting ordinance in the nature of the instant ordi- nance is this: The mun,tcipality by approval of a proposed subdivision plat enables the subdivider to profit financially by selling the subdivision lots r home building sites and thus, realizinga greater price than could have been obtained if he had sold his property as unplatted lands. In return for this benefit the municipality may require him to dedicate part of his platted land to meet a demand to which the municipality would not have been put but for the influx of people into the community to occupy the subdivision lots. . Jordan v. Menomonee Falls, 28 Wis 2d 608, 137 NW 2d 442.;, app dismd 385 US 4, 17 L Ed 2d 3, 87 s Ct 36." AmJur 2d Sec 166 Zoning & Planning Page 666, Volume 82 Annotation: 11 ALR 2s 524, 546 et seq. If the subdivider creates the specific need for such parks and playgrounds, then it is not unreasonable to charge the subdivider with the burden of providing them." Billings Properties, Inc. v. Yellowstone Count,. 144 Mont, 25, 394 Ptd 182."— It should be noted that none of the foregoing cases are factually or otherwise applicable to the City of Tigard's purported requirements in this case, and particularly with respect to the Associated homebuilders case, it is to be noted that the City of Walnut Creek specifically exempt from the operation of the stator..ory provision lands ly;,Lng in the industrial park zone in the follow- ing terms: "That the provision of this section does not apply to industrial subdivisions." With respect to the purported imposition of the requirement that the owners either construct at their expense or set aside funds for later use in connection with the construction of bike pathand pedestrian path within the area which the City demands be dedicated, as above noted, the following cases appear to be appli cable to such requirements: "Ho'caever the exaction by a town planning board of a ' 'drainage contribution' of $1200 per acre as a condition of approval of a subdivision plat is not an 'appropriate condition for waiving the drainage requirements of the subdivision regulations, where the exaction does not represent a uniform subdivision rate and is not keyed to actual and contemplated expenditures by the municipality for appropriate drainage." Ma1oeo Realty Corp. V. Brookhaven Planning Board 34 App Div 2d 999, 312 NYS 2d 429. MJur 2d Sec. 166 Zoning & Planning gage 667 -5 I II "Where the statute governing the preparation and approval of plats made no provision that a subdivider must donate property, or its monetary equivalent, for park purposes before such plats would be approved, action by the village council requiring, a subdivider to make such donation was unauthorized and the subdivider was authorized to recover such donation." Gordon V. Wayne, 370 Mich 329, 121 NW 2d 823 "A local ordinance imposing as a condition of approval of a subdivision map a.payment of certain fees bears no rela- tion to the requirements indicated in the Subdivision Map Act and is illegal because it directl'7..impedes realization of the intent and meaning of the Act, which is to provide for regulation and control of design and improvement of a ' subdivision with proper consideration of its relation to adjoining areas." Kelber v. Upland, 155 Cap App 2d 631, 318 P2d 561 AmJur 2d Zoning & Planning Sec, 166, Page 668, Volume 82 In, none of the authorities cited have I found any provision requiring a dedication of lands in an industrial zone for park or any other public purpose, including bicycle and pedestrian paths unless it is condemned and just compen- sation paid. In City Attorney Sullivan's letter of July 18, 1983, he makes reference to Section 227.175(3) ORS, which he cites asan additional authority for the City to impose the dedication conditions. This section is quoted as follow.. ,, "The application shall not be approved unless the q.1 proposed development of land would be in compliance with the comprehensive plan for the city, The ap- proval may include such conditions as are,authorized by ORS 227.215 or any city legislation." 01,S 227.175(3) He reiterates the previous verbal citation given by telephone concerning the California Supreme Court case hereinabove cited, and I have obtained from the Clackamas county .Law.Library, a complete take-off copy of said case being cited as 482 P2d 606. The facts of the Associated Hon\ekv.ilders case is materially different than the facts in ,the subject inquiry, particularly noting from the digest of the. California case the following: "4. Municipal Corporations. "Unique problem with development of subdivison in that it reduces the supply of open land while increasing the demand therefor, as well as special benefits to the residents of the subdivision, warranty distinction between park and rec- reational facilities,as to which subdivider may be required g to make contribution of land or fees- and other , ov'erzim.:rti-s:1 services necessitated by the entry of new residents. Nests Ann.Ann. Bus, 6e ProP. C,04°, §li546 "7. Relatively small land use in apartment costruction' warrants distinction between subdivider, who is required to contribute land or fees ,fox park and recreational pu.r poses, and apartment builder who is not, though both de- 11 11 velopments may generate the same population. "11. Ordinance requiring subdivider to dedicate land or pay fee in lieu thereof for park or ec:reational purposes was not unconstitutionally arbitrary' in the imposition of fees on population basis, though results. ' might be that developer of valuable high-density land would be required to pay higher fee, since persons occupying houses in high-density area may he expected to make more use of public recreational facilities than. parsons with larger private yards. "17. City's. general plan indicating location of various types of narks and recreational facilities and. setting forth general principles under which land is acquired and development, amount of land required. for city's populaticin and 'different types of parks, minimum areas, :and various facilities which each type of park should contain satisfied"statutory requirement for adoption of general, plan as prerequisite to requiring sub- - dividers to dedicate land or pay fees for park or recreational purposes West's Ann. Bus. & Prof. Code, §11546(d) . "18. Within star..ute authorizing cities ax.d' counties to re- p quire dedication. of land or payment of fees for park or ree- reational purposes as condition to approval o± subdivision. map, requirement that 'ordinance include definite standards y, for determining proportion of subdivision to be dedicated or byamount of resolution containing such standards,fin absence of ofproof that resolution was not passed in the same manner and with the statutory formality required 1, in the enactment of an ordinance. West's Ann. Bus. & Code, §11546(b) ." Associated Home .Bilders v. City of Walnut Creel; 94 Cal. Rptr. 630, 484 P2d (1971) Section 11546 of the California Business and Professional. Code upon which,, the California case was premised, requires under subsection (h) that the ordinance include the portion of the subdivision to be dedicated and the amount of any fee to be paid in lieu thereof, and in addition to other requirements; the final sentence thereof is particularly applicable: "THE PROVISIONS O10 Tl I5 LECTION DO NOT APPLY TO INDUSTRIAL SDEDIVISIONS:" Section 11546(b) California Business and. Professional Code -7- Reference to constitutional and, statutory provisions having pertinence to taking of private property for public use are as follows•. "The Constitution of Oregon, Article I.'. Section 18, states: "Private Property or services taken for public use. Private property shall not be taken' for public use, nor the parr tichlar services of any man be demanded, without just com- pensation, nor om-pensation, 'nor except in the case of the state, without Each compensation first assessed and tendered; provided, that the use of all roads, ways and waterways necessary to promote the transportation of the raw products of mine or farm or forest or water for beneficial use or drainage is necessary to the development and welfare of the s_nate and is declared a. public use; The Constitution of Oregon, i. Article I. Sectio~ ORS 226.380-390, prescribing applicable proceuures to acquisition of private property, states: "Condemnation procedure. When it is intended by the municipal authorities of the city to take, use and appropriate private property for :any of the purposes mentioned in ORS 226.320 to 226.340 and the owners and the municipal authorities cannot agree upon compensation and damages arising therefrom, compensation and damages shall be considered, ascertained, determined, awarded and paid in the manner provided by general laws relative to condemnation or by, such means as may be prescribe:+d by the city charter for widening, opening, laying out or extend- ing streets; or for acquiring private property for park purposes, at the option of the municipal authorities." (underscoring supplied) ORS 226.380 ' "226.390 financing of projects by bond issues. The municipal authorities may issue bonds for the, costs and expenses of acquiring the private property for any of the purposes men- tioned in ORS 226.320 to 226:380. The bonds shall be at such . rate of interest and for such Length of time as the municipal authorities detetuine, shall be advertised and sold in sttoh manner as the mainitipal authorities determine and shall be a general obligation of the city: The municipal authorities shall, at the time of issuing the bonds, make provisions for the payment of interest and a sinking fund tot the retirement • ' 1 thereof z n OILS ,16.3911 • I, • • ' CITY IMPROVEMENTS AND WORKS GENERALLY _ 223.105 CONDEMNATION FOR CITY ing to make the appropriation may proceed in IMPROVEMENTS;SPECIAL the manner prescribed by the statutes for the PROCEDURE appropriation of land for corporate purposes, and not otherwise, unless otherwise provided 223.005 Condemnation for public usa by law, to havee such property appropriated within and without city limits. Any incorpo- and the compensation therefor determined rated city may: and paid. However,the compensation for such (1) Appropriate any private real property, : condemnation by a city shall be paid by a water, watercourse and riparian rights to any deposit in the court of an order drawn upon public or municipal use or for the general the city treasurer for the amount of compensti- benefit and use of the people of the ciuty, in- tion. ,� eluding but not limited to appropriation for an aviation field, park, city hall,city buildings, 223.020 Scope of condemnation. �' !ail, or to rotect •the city from overflow by Appropriation of property under ORS 223.005 lie is ommo .oma may extend beyond the corporate limits of the city to or along and including any lake, (2) Appropriate any real property, water,: spring,stream or power site. Watercourse and water and riparian rights, 223.025(Repealed by 1963 c.297§1) including power sites, to any public or munici- pa) use or for the general benefit and use of 223.030IRepealea by 1963 c,297 11i . the people within or without the city, and to ... 4...3.035 iRepealeu by 1963 c.297 511 . build dams, reservoirs and conduits for the purpose of storing and using water to aid in 2Z3.040(Repealed by 1963 c.297§11 developing the necessary power to generate electricity for the use and benefit of the people MUNICIPAL CONDEMNATION within or with,-at the city. PROCEEDINGS (a) Condemn for its use private property for the purpose of erecting and maintain'ng 223.105 Proceedings to condemn electric lines thei on for the purpose of gener property for city improvements when sting and conveying power to light and heat owner and city disagree on price. (1) The the city;and to be used and sold by the city for provisions of this section apply to every city, manuf�lrturing, transportation; domestic and whether organized under general law or other- , other purposes, either v,ithin or without the wise. corporate limits of the city, and for the pur- (2) 'JVhenever the council of any incorpo • - pose of constructing electrical systems for rated city deems it necessary to take or darn- municipal uses. (Amended by 1971 c.134 011 age private property for the purpose of estab- • 223.010streets, or other ublic hi ing or.widening lght of city to enter upon, lash layingout,' extending tivays and places survey, examine and select property to be within any city, or for rights of' way for eopideinned, For the purposes of ORS drains, sewers or aquedv•,ts,'or for widening, , 223,005, a city may enter upon, survey,exam- straightening or diverting channels of streams, ice and select any such property or rights fir and the improvement of waterfronts, and the the purpose of constructing any ditch, drain, council cannot agree with the owner of the dam, dike, canal, flume, sewer, reservoir, property as to the price to be paid, the council septic tanks filter bed,sewer form or purifying may direct proceedings to be takes under the plant or laying or constructing and maintain- general. . l - this state to procure the same, ingany pipe, sewer, q septic tank, 223 110IRepeeled by 1971 c,741 §381 drain, aqueduct, dam, dike, canal; flume, reservoir, filter bed, ;sewer form or purifying plant or • 223:115111epealed by 1971 c,741 §381 \ other plant, building or electric lines or sysh \ tem for municipal uses, including but not 223,10 iRepeiiled by i9-t 1 c.r41 1381 limited to,aviation fields,parks,city hall,city 223.128[Repealed by 1971 c.741§381 • buildings, jails, docks, piers, slips, shore and Z3.130(Repealed by 1971.c.741§381 terminal structures.(Amended by 1971^..134 521 223.135(Repealed by 1971 c,141§381 223.015 Manner .`of condemnation; af3.14o(Repealed by 1911 041§881 compensation,After selection of such rights 223.145 Cltepealed by 1911 c.74 4381 and: property under ORS 223.010 in such moaner as the council provides, the city seek- 223.160 rttepealecl by 10710,741 §291 469 • fi s r ._•yF��. w r. r / • * ' v r - .„,,, tovfl40),. $)111 Analysis of legal basis, if any, for imposition by City of Tigard of dedication of greenway as condition to .4.22Foval. of Jadco' fill in. sen hive l.axds By reason of concerns a$ to the legal standing. and doubt as to the validity of eotion 2.23 d of Tigard Comprehensive Planning Ordinance No. 8320, adopted on march . 2, 1983 to be eff. ctive April 1, 1983, oft Thursday, July 14, T called the Tigard Planning Department .- and obtained permission to contact Ed Sullivan, City Attorney, with respect to the matters which will be ';issues at the forthcoming hearing ! R 1f the evening of `uly 28, 1983. ' After statingmy concerns and doubts as to the validity of * the above cited ordinance to M.r. Sullivan, he promi&ed to provide me with citations upon which he relied as City Attorney in connection with his approval of this requirement in ordinance. No. 8320. My failure to be available and his failure to be available on various calls back and forth finally when he authorised his secretary ',- to give me the Oitations on which the dedication requires ent' is presumably m based, including Associated Home Builders of treater East Hay, rnc. `v. c t _of; Walnut...Creek, Supreme Court of California April 26, 1971, 482 P2d 6C'6 To put this matter into proper_ perspective it is my purpose hereby to outline in logicalorder the ordinances upon which my :concerns • are premised. • :M.... • • The Constitution of Oregon, Article I. Section 18, states. • " • - "Private Property or services taken for public use. Private property shall not be taken for public use, nor the par ticular services of any man be demanded, without just compensation; nor except in the case of the state, without such compensation first assessed and tendered; provided, that the use of all roads, ways and waterways necessary • to promote the transportation of the raw products of mine or farm or forest or water for beneficial use or drainage is necessary to the development and welfare of the state and is declared a public use. " ORS. 226.380 390, prescribing applicable procedures to acquisition of private property, states: .s f 226.380 Condemnation procedure. When it is intended by the municipal ashore ties of_the city to take, use and a route private. roperty for a o the muruoses.n-een- tio in 9R 226.320 to 226.340 and the owners an t e municipa' `av t ori les cannot agree upon compensation ark.. „arnages arising therefrom, compensation and damages shall be considered, ascertained, determined; awarded and paid in the manner provided by general laws relative to conde:nation or by such means as may be prescribedby the city charter for widening, opening, laying out or extending streets, or for acquiring private property for park purposes, at the option of the municipal authorities, x.390 Financing of projects by i. bond issues. The municipal authorities may. issue bonds for the costs and expenses of ac- quirin3 the private property for any of the purposes mentioned in ORS 226,320 to • 226,380, The bonds shall: be at such rate of • interest and for such 1. s the municipal authorities detercnm e, shall be advertised and sold in such manner as the municipal authorities determine and shall be a general obligation n of the.tits.1 ��r�nt iipsll, authorities shall, at the t1of issuing the bonds, make provision for the payme it of interest and a sinking fund for the retirement thereof. • • • • k ORS 226.31-320-33-340-x350-,360 are reproduced as follows: environs,the preservation of the view,appear- ance,light,air,health or usefulness thereof. I 226.350 Sale of excess land; reetric- 228.310 Definition of "city" for ORS tive covenants in deed' of resale. After so 018.3230 to'2 .4010; public character of use. much land and property referred to in ORS (1)As used in ORS 226,320 to 226.400,"city" 226330ras is needed has oeen apiaroc►riak__for sans any incorporated city having 5,000 public squares, parks or playgrounds, the inhabitants or more. municipal authorities of the city may by ordi- nance authorize the sale t.4f the remainder of such'land or property and impose such restric- Qropriating of private ro ,rt for an our- tions in any deed of resale as may be deemed s citietl in to 2 necessary or proper.The ordinance shall speci- di�clared t� one for public use. fy correctly and describe the land or property 226.320 Authority to acquire land for to Ibe sold, and the restrictions in regard to the • certain purposes. Whenever the municipal use thereof. The restrictions shall fully insure authorities determine by ordinance to do so, the protection of the public squares,parks,or c-i:t . may purchase acs ire_ ke ..use„ playgrounds, their environs, the preservation ennoand apnronr a land and nrrn of the view and appearance, light, air, health within Mn�. }81 for th�he�or usefulness thereof, whenever the council nurixn or without its corporate limits shall by ordinance determine thereon and rl� P ise of: which are to be imposed and insc";ped in the (1)Public squares, harks,memorial mono,- deed of resale. meats or buildings, pioneer memorials, pio- of proceeds from neer museums, memorials and monuments to 226.360 Application united States war veterans, sites or buildings sale of excess land.The proceeds from rule for meeting places for such war veterans, auto of any neighboring property token in excess of campgrounds, playgrounds or comfort sta- what may be necessary for actual construc- tions, tion, opening, widening,extending and laying out of any public square, park or playg,•ound (2) Enlarging any pulic square', parr, as provider in ORS 226310 to 226:390 shall auto campground, playground or comfort be deposited in the city treasury and used in sestina. payment of interest and as a sinking fund to retire any bond issues authorized under ORS 226.330 Appropriation in excess of 226:3e+�, Any surplus arising from. such i'"'"8" needs. The city may purchase, acquire, take, ; use, enter upon and approlrrt,.ete land and action shall be turned over to f•. id for the ^�e property in excess of what may be needed for of the park department of the pity. Any public squares,parks or playgrounds. 226,340 Terms of appropriation ordi- once. (1)In the ordinance providing for an appropriation under ORS 226.330, the munici pal authorities shall specify and describe the land authorized to be taken, purchased, ac- ir, quired,used and appropriated, Such land shall ot embrace more than 200 feet beyond the • boundary y,line of the property to be used for the public squares, parks or playgrounds in order to protect the same by resale of the neighboring property With restrictions when. .. , Iver the council determines thereon by arch- dace, , „ (2) The council shall declare in the ordi- oarice that the -ontrol of the n ighboring property withir►P00 feet of the boundary lines A of the public squares, parks or playgrounds As reaotiably: necessary in order to protect the public squares, parks or playgrounds, their • • ORS .271.710 through ".750, dealing with scenic easements, and statedas follows, appears to be applicable: • 271.710 Definition for ORS 271.710 to 271.750. As used in ORS 271.710 to 271.760, "conservation or scenic:eesementa" means an a"Welfillargraarmaritr covenants or condi- tions running with the land, d9i re- serve maintain all or art of the natural or 1 t exiataiwn shite oirecreational ci c, "ri.stegabannanangis of public. significancy:(1967 c.318$11 271.720 Acquisition of conservef`toan and recreation district. (1967 0,318 $4, 1981 c,787 • or scenic easements. (1) Any county,city or la; park and recreation district acting alone or in cooperation with any federal or state agency, 271.750 Hees before acquisition public corporation or political subdivision, by government agency; notice: (1) Before may acquire by purchase, agreement on dons- the acquisition of conservation or scenic ease- tion, ase-ti n, but_ meats pursuant to ORS 271.720 (1), the coun- • a conservation or ,.sceinac .e ty, city or part and recreation district,coneid nt main, - i )urodictionas wherever sand to the extent Chart erin4lf,seaq�asaaition sit than eaeletnents axhall hold the governing body of the county, city ea pra�Jk one ;,r more public hearings on the proposal and recreation district determines mast ane arta the reeeehe for the proposal.The hearin• gs acquisition will be in the public interest: shall be held in the ,unity where the (2) Any nonprofit corporation qualified l to easements would bei located and all interested do busier.as within the state having among its persons, including representatives of other ° purpo€ea the preservation, protection or en- governmental egeticisas, shall have the right to m hart:en:went of historic sites or natural, scenic ePPear and a reasonable opportunity to be or important ecological areas may acquire and heard. hold conservation or scenic easements. (1907 c.313$3;1975 e.511$1;1981 c,787 1401 (2) 'Notice of the hearing shall be pub- lished at least twice, once not less than 12 2/1.730 Rules and ordinances with days and once not leers than five days, before respect to easements.The governing body of the hearing in a newspaper of general cireula= ' •,,, ans• county, city or park and recreation die- tion in the community.The'notice may also be trict may nralae and enforce reasonable rules published by broadcast or telecast by any and regulations, ordinances or oera govern- raafia or television station broadcasting or i ng the are. use axed.nraanagemetit of Ifo ` . - telecasting generally in the community, •F' a 'cnservation or scenic eaaibmerets. 11967 0.318$3� 1981 c,787 0411 (rd) At least 30 days before the hearing, 271:740 Assessment of real property_ the county, city or park and recreation diad Subject to easement. For the purpose of 'triett, as the cele may be, shall mail notice of ta.*ation, real property that is subject to con the hearing to the governing body of each servation or scenic easel tents ,shall be asp., county, city and other governmental agency • le on the..8,astis of the _1 ih vgigu# having jurisdiction in the area of the proposed ears at reduction in vai ue ea ement& 11967 0.318 $as; 1975 0.611 $2; 198a 0,787 4 c - 6431 GkiL,'Sed $e' conserve ion O�r�A� rateeeeaasesn t a exeiietfapt from assessment and taxation thee same alai any other property owned by a county, city or park •t The following are excerpts from the Tigard Municipal Code, Chapter 18.57 , dealing with sensitive lands: 18. 57 .020•• rf Definitions. In this chapter the following words and phrases hrases shall be construes to have the specific meanings assigned to them as follows: • , ( .5) "Development" means construction of a building including modular or mobile homes or any alteration or modification ,' thereof, filling, excavating, paving, mining, dredging or grading. (9) "Greegway" means all lands within the one-hlandred-year floodplain of Fanno Creek and the Tualatin River and the i. lands on either side of natural drainageways as designated by the park board and comprehensive: plan for preservation. 18:57 .030 permitted uses. Except as provided, by Section 18 .57.040, • the following uses shall. be permitted within sensitive lands (1) Greenways. (A) Community recreational uses such as bicycle and pedestrian paths, archery ranges or unpaved athletic f?.e ds ii or parks; (2) Floodplain District and Drainageways. (C) Community .recreational uses such as bicycle and ped(est iaf• paths, archery ranges, or unpaved athletic fields 18.57 . 040 Uses and activities allowed faitha special " viler11 . iTheu. follewrinicusesd _activitiand thrreesarellowd;�,, ;! nl by m ' ase on 5......6"t1"71.47 • rds set_. ..orth in Section 1. 5 , A4 'i in •rainageways •:reenwa. s Bind steeply sloping Rands: r (A). Fill, grading, excavating, (B) Structures , • (C) Off-street parking and maneuvering areas , access- days and service drives located- on the •r. 0 . ace, - (D) Roadways , bridges or utility facilities , (E) temovinct any l,aye• .veaetati c?n € han ps�,i.son oak, tansy ragwort, blackberr ..,or ai other noxious , ,erietation; (, 05. In t e oo.pla n Qr-.eenwaVs. only: (A) Any temporary structure wh h is .not habitable and by its nature, can be readily removed from the floodplain area during Periods of flooding, and which would impede or interfere i 1 with the flow,of waters within the districts : (8) Any change in t q topo2 by o.r.;,,terr n ;whic: i �� change the flow �waters dui° nm floodin• ..eerxocl ® _ ..:... _ widest wo a-increase a oo• azar• or alter the direction or velocity of the floodwater flow: (Ord. 82-14 ,51 (part) 1982; Ord. 79-73 §l. (part) , 1979 Ord. 79-46 s1 (part) , 1979 . ; ord. 74- 0A Sl (pari) , 1974) . i., 18. 57. 060 Sensitive lands permit. A sensitive lands.. permy,„..;hall be obtained before development be_ 'ns wi?-h.; n lood .lai Vit, dis .rice as``established— "er n Seco n 8 ~7 080 Application ror a sensitive lands 5.�'".� y ' . permit shall be made on forms furnished by the planning director. I accordafoe with the procedures and requy:rements set forth in Chapter 18.84 , an alication fora sens .,t' ive..lands _,Permit filed as_ by said chapter stated ma be a...roved or. d- •- O ' I�he approval aut or ty o lowing a •ublio hearing. a ' Cations for a sensitive lands ermi.t shall be su Qrted All p�.,�. ,;.. - a _,.• pP tr.11e ;following information to enable the approval authority to determine whether the proposed use is located in floodp]a4n, . podainageway or steep areas: , (1) Floodplain. . (A) , Plans drawn to scale, submitted in triplicate . , 0 prepared by a registered professional engineer with expe- rience in hydraulic and geohydrologic engineering and processes , Blowing thee nature, :location, dimensions, elevations and topo- loctructurestlocatedr supon thea site, :existingnand proposedd tr.1of existig and roposPd1e vshe filled or otherwise modified, and the relationship of ; these to the location of the stream channel , and proposed pe for controlling erosion; (B) Any documentation, photographs , water marks, and 'itsi.lar evidence offered in support of the claim that the 'ite or area in question lies above high water as defined by the regulatory flood. (2) Drainag(A) aPanswin triplicate to scale, submitted 'pl,icate ss prepared by a registered professional engineer with ex� perience in hydraulic and hydrologic engineering and pro- reesras, showing the nature, location, dimensions , elevations idatopography of the site, and location of existing and proposed structures located upon the site,: existing and J , ,'{ proposed fill or excavated areas,` and the relationship of :,est to the location of the stream channel (if any) , and It •' proposed methods of controlling erosions ,,,e SteepSlopes. , (A) Plans drawn to scale, Submitted in triplicate(3) iplcate . re` s p p r ( aecl by a qualit;ied• �, registered professional engineer Sycwi.ng the: nature, loc.atxon- dimensions, elevations, and 'f : °gra h of the site. the location of existing and proposed / q h structures located upon the .site, existing and proposed fill ar excavated areas and proposed methods of controlling erosion. ' C• , 1.1 tdrd. 82-04 §1 (ci , 1982 : Ord. 9 773 §�. (part) , 1979 : Ord. ru .9..46 gl (part) , 1979 : . Ord, r4--5OA gl (,part) , 1974) qx 1 • In none of the authorities cited have I found any provision requiring `a dedication of lards in an industrial zone for park or any other public purpose, including bicycle and pedestrian paths unless it is condemned and just compensation paid. Today I received City Attorney Sullivan's letter of July 18, 1983, in which he makes reference to Section 227.175(3) OAS, which he cites as an addi- • tional authority for the City to impose the dedication conditions. This section is quoted as follows; "The application shall not be approved unless the =.•. proposed development of land would be in compliance with the comprehensive plan for the city. The ap- provalmay include such conditions as are authorized by ORS 227.215 or any city legislation. ORS 227 (3) He reiterates the previous. Verbal citation given on the telephone concerning ' the California Supreme Court case hereinabove cited, and I have obtained from the Clackamas County Law Library; a complete take-off copy of said case being cited as •• 482 P2d 606. The facts of the Associated Home tuilde<' case is materially different than the facts in the subject inquiry, particularly noting from the reigest of the California case the followin ;z "4. Municipal Corporations. . "Unique problem with development of subdivision in that it reduces the supply of open land while increasing the demand therefor, es well as special benefits to the tesidents of the subdivision; warranty distinction between park and rec- reational facilities as to which subdivider may be required J' to make con cribution of land or fees, and other governmental services necessitated by the entry of new residents. West's Ann. Bus. & Prof. Code, 011546. "7. Relatively stall land use in apartment construction 1iV`atrants distinction between. subdivider, who is required to contribute land or fees' for park and recreational pur- poses; and apartment builder who is not, though both de- velopments may generate the same population. • • • Y i • "11. Ordinance requiring subdivider to dedicate land or pay fee in lieu thereof for park or recreational purposes was not • unconstitutionally arbitrary in the imposition of fees on population basis, though results might be that Lieveloper of valuable high-density land would be required to pay higher fee,, since persons occupying houses.in high-density area may be expected to make more use of public recreational facilities than., persons with larger private yards', "17. City's general plan indicating location of various types of parks and recreational facilities and setting forth general principles under which land is acquired and developed, amount of land required for city's ispulation and different types of parks, minimum areas, and various facilities which each type of park should contain satisfied statutory. requirement for adoption of general plan as prerequisite to requiring sub- dividers to delicate land or pay fees for park or recreational purposes. West's Ann. Bus. & Prof. Code, 611546(d). "18. Within statute authorizing cities and ccunties to re- quire dedication of land or payment of fees for park or rec- reational purposes as condition to approval of subdivision map, requirement that "ordinance include definite standards for determining proportion of subdivision to be dedicated or amount of fee was satisfied by resolution containing such hat ot standards, sameimannernce andof wth+' theof tstatutoryuformalityn was npassed io required iu the enactment of an ordinance. West's Ann. Bus. & Prof. a Code, §11546(b).'i Associated Home Builders v. City of Walnut Creek, 94 Cal. Rptr. 630, 484 P2d (1971) . Section 11546 of.the California Business and Profest ional Code,.upon which. the California case was premised, requires under subsection (b) that the ordinance include the portion of the subdivision to be dedicated and the amount`of any fee to bepaid in lieu thereof, and it addition to other requiretnents, the final • sentence thereof is particularly applicablet "THE PROVISION'S OP THIS SBCT1llq DO NOT APPLY TO INDUr' RIArL SUBDIVISIONS." Section 1146 (b) California Business and Professional Code . y ' O, • • It further noted in the Associated Home Builders case on Page 615, .the ' court stated: "While Illinois has held an ordinance requiring a subdivider to dedicate land for park purposes to be unconstitutional (Pioneer Trust & Savings Bank v. Village of Mount Prospect, 375, 2d 799, 801-802), Montana supra, 22 Ill. 2d 176- N.E. has reached a contrary conclusion (Billings Properties, Inc. v. Yellowstone County (1964), 144 Mont. 25, 394 P. 2d 182) New York and Wisconsin have affirmed the validity of statutes requiring either dedicationor a fee in lieu thereof (Jenad, Inc. v. Village of Scarsdale, supra, 18 N.Y. 2d 78, 271 N.Y, S. 2d 955, 218 N.E. 2d 673; Jordan v. Village of Menomonee Palls (Wis. 1965) , supra, 28 Wis. 2d 608, 137 N.W. 2d 442) . (underscoring supplied) • Associated Home Builders v. City J of Walnut Creek, 94 Cal. Rptr. 630, 484 P2d (1971) Another ease ..of significance in considering the 'procedural aspects o ttt matter is Sayler v. City of Durham, 63 Or App 327 (1983), particularly not1fig that it too deals with dedication of residential areas and procedural requirements • to be followed. . • • #r 1 . • I' 4,,,,,,,_ • (eitts.„,,,,,..),i,.....,, c if,,,,,,,it, r - (.1 ,. „„..., „ . , . , . ,,, /I . .. . . • al I a • • r t�. er PROPOSED REVISED CONDITIONS e,. Bike and PedestrianPath A bike and pedestrian path is required by the Comprehensive. Plan of the City, specifically the Bike Plan and the Natural Features and Open Space Elements thereof, involving this nroperty and others in the vicinity so as to serve employers and their employees and provide for transportation alternatives to the automobile Thus, the following condition is imposed under TMC 18 .84.100 (e) (1) , (2) and (4) The applicant. ;'shall either: A. Construct a bikeway to City standards the length C`. of the subject property, as provided in the aforesaid elements. The specific location of the bikeway shall be decided by t;ze Planning Director under TMC 18.84 . 050 (a) . Or in the alternative -- B. Submit to the Public Works Director an estimate of the cost of such bikeway, deposit- such sum : as is certified by the Public Works Director for the cost of such construction, or provide a bond, approved as to form by the City Attorney and valid for a prriod of 10 years from October 1, 1983, for such costs, and waive right of remonstrance to any formation of a local improvement district to :undertake such an improvement within such 10 year perlods If a local improvement district be formed to construct such an imP rovement, the applicant shall be credited the appropriate �', amount, including principal and interest accruing on its contri- bution to those improvements,or such deposit and accrued interest shall be refunded to applicant if said. L.I .D. be not formed or the Bike Path installed within said period of 10 years. ';. Flood Plain Dedication Lands within flood plains are generally unbuildable under the Comprehensive Plan and Development Ordinances. Such lands, in addition to their aesthetic qualities as part of a greenway a, along rivers, creeks and streams, perform an important flood water stogy°age .function. When permissible under its ordinances, the City may allow fill and/or removal of natural earthen materials from within the flood plain; however, the Tigard Comprehensive Plan (Policy No, under ) prescribes dedication of such lands within the 100 year flood plain. In this case, the applicantsand potential ; have actual bti industrial uses of portions Of their property both within and ` • outside the 100-year flood plain area, The City hopes to avoid any possibility of a "taking" tinder Article Section 18 of the Oregon Constitution and the Fifth and Fourteenth Amendrent9 to the United States- Constitution, To protect the public from flooding hazards and tO carry out TMG 18.84.100 (e) (1) , C2) : (3) and (4) , the following conditions are imposed • A. The applicant shall dedicate the area described in F;hhibit "A;" to the City of Tigard for flobd eater storage, greenway, and such other public purposes • as will not interfere with the flood water storage functions of such land and will 'hat interfere with the industrial use of applicant's remainder lands and those of adjacent ownerships, 13. Tho City shall provide that such lands shall not be IIaccessible for general public entry unless a public hearing on such proposal shall first be conducted by the City Council. At such hearing the City Council 1111 shall impose all reasonable conditions on public acnes-• IIIsibility as 'necessary to prratect the applicants in their industrial uses of their lands and to protect authorized public entrants from undue hazards, and the i City shall give due recognition to the fact that the N"; City will be responsible for any use of the area by individuals within the authorizations thus e 4lablished. u : Fs • ar 1. ..PR. - C i,. i ee FLOODWAY / GREENWAY POLI'Y DISCUSSION �` n ...,..... ...�—�^ —'. Over the past several months a possible conflict between provisions IIof the Tigard Municipal Code relating to Floodplain and city policy concerning Greenways has been identified. There is a need for review' • of definitions, established policies 'and community needs in order that the City Council may determine the appropriate course of action for the future. Following is a brief description of the problem which staff will elaborate on at the City Council meeting tonight. Floodway - ' The channel of a river or other watercourse 'and the adjacent land areas that.must be reserved in . order to discharge the base, flood without .cu.mulatively increasing the water surface elevation. Floodplain The relatively flat area or lowland adjoining .- the channel of 'a river, stream, watercourse or other body of water which has been or may be covered by floodwaters within the area of applicability defined by the floodplain district. i (18.57.020) (6) Floodplain,Distr ict Those as eas within the City of Tigard 4 • inundated bY the 100 year regulatory flood,. (18.57 .020) (7) , e Regulatory Flood The flood used to define the outer boundary d: ,• lines of the floodplain district. The maximum .Acl flood predicted to occur within 100 years. (18.57.020) (l''1.)' . Greenway - Means all lands within the one-hundred-year:flood- plain of Fanno Creek and the Tualatin' River and : the lands on either side of natural drainageways - arwy designated by the Park Board and Comprehensive , . Plan for' :preservation. (18. / 02.0) (9) Y �aROBLEM. Both the floodplain and greenway are defined as the area in which fl.00ding during a 100 year storm takes place. when. a property owner '5 ` chooses to apply for a special: use permit to perform work in the flood,- : pl in under Tigard blunic_pal Code 18.57, he is led ti) believe that it. ;F ' is possible .to receive a permit if he `meets the standards presented in ,i . 18. 57.070, The standard reads as 'fol low. I ^ inn •. - -vas ,.:.:r ,_..._. ':. .. -:.:.._ ,'....:.,. ,.:.: _ - _ . „r, ta ., . , ...„,... .. ,, •e Q, .. , .. ,„ , . . ,. . • .. . . . ., ... . .. , . . . . . . . 18.,57.07p Standards. (a) -Application for a special use i.' P h . permit in floodplain areas shall. be granted or denied ir. accordance with the following standards: (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 flu dplain area or raise either" the flood surface elevation or flow rates, or adversely affect flow ,direction Ion upstream or downstream'properti.es, or create a present or foreseeable hazard to public health# safety and general ' welfare. (2) The applicant must obtain the permit required by the state of Oregon under ORS Chapter 54l for removal or •;:, ti. • filling of waterways, or demonstrate that tide provisions of 'this statute do not apply. ~ A problem arises when the city •greenw :y policy seems to govern -, the same land that: is earmarked for filling the wetlands* , • The question then is posed, "I.t the area of the 100 year flood- �`r►.� o- plain i,s also designated to remain as public greenway, how ' can the City`.grant •a• Sensit;i ve• Lands Permit in the floodplaih thus changing the 1.cundary of .the g;reenway?" : That is, :land • • • which becomes buildable or 'usable as the result of filling will be . utilized fear some economic use thus making is unavail�e s ::able for., public use. ThIs result'; in reduced greenway area. : '/ The creation-of. additional economically useful land is of prime concern to Tigard. Much of the area which :is designated flood_, . plain is either iin a commercial or industrial zone. Carefully _ 'engineered filling• could either allow for expansion of a business ^ use at some sites or actually be the deciding factor whether ' ' or not a piece of land has sufficient buildable . 1* nd to site a commercial. or industrial building: Whether such engineered fillin lt, will be allowed i.s tp to the City Council. ° GRttl\TWA'Y POLICY ��'' 'a„ Policy 7. .of the Environmental oesign and Open Space Plan`" adopted bythe Tigard City Council . iii 1977 reads: 'fi • POLICY 7. Pet,ain th a 100 year flood plain of Panno Creek, its x., tributaries and theTuarlatin River as an open preserve (Greenway) The Greenway shall. be established as the backbone of the open space network and when a direct a public. benefit van be derived, adjacent reildef • H. tial develo menti the Greenway shou'dbdeveloped for d ,, •p passive recreat .bn and pedestrian/bike tr'ev`e,l. page 2 ' '' It appears that current city policY, go?verniyig lard along Fann( Creek will not allow any. development within that flood in0 Thus, if .the greenway policy is to govern as the prevailing policy of the City, this pre-empts the use of the Sensitive Lands Permit process within Lhe 100-year floodplain of Fenno Creek making it impossible to receive a permit to expand the amount of useable land in Tigard. ALTERNATIVES The -Alternatives available to the City Council are: 1. Take no action' ^- as a result the Sensitive Lands process as it relates to the Fanno Creek and other areas, will continue to conflict with the established Greenway Policy. 2. Revise the Greenway Policy -- the policy can be revised to allow adjustment of the greenway zone in conformance with any floodplain zone changes accomplished through the Sensitive Lands process. '° CONSIDERATIONS If the policy and code conflict is not resolved it is likely that litigation will result to force the City to resolve this apparent inequity. '. Until that scenario unfolds•; property owners and City staff are not in a position to adequately explain city policy or determine the status of land in the floodplain as potenia : buildable land. The .situation also makes it difficult for staff to assess the amount of ` land available for i economic development expansion. Further... . t cseat.es .vet another •. - - - udder •M••mrw�werre®mnsm..e�em.a� : administrativeroadblock that may deter a company from locating or ' expanding in Tigard. • • Pale • '�""� ;7> C"Z" -- .e'z 4- e S A. - '/ i' . • '. A ' .1-1-.L I .,,, , / ,pZePte` /6 zsr, 7, -7,--,,,,,• ,,,,, ,, .,,,,,,, ,, ,44.4. . - : it)„ ,ir,e (,„*,..-v%$,0-1-- ' ( "(7742 51-t.1 Al,.f...t. i,y2t),-/(7,-- :• 1 . ' . Pa-ot.-‘4,09 0 . ; ,, , 1 . . . / _: 11/ i ' .- e' ,.., d e d r /4:_<)--;.<--",, $ 'r Nlk ,1 a i..ev,, , ,.....-6.-4. i /0 • .., ... '' . ., ro - , i , -,,,i4 - . ,. , , , . . . .\\ . . , . . . . . . Ai'ary 9 c.� (f12.71e J5ae 117`c `r C,,✓ t.)tet..,2' t° 1 M P t r` f o i''? - * • - - A y L` z r t1 , • ` nne y _r �.�. �s� � , r tr �� `' : 1 /.11 ' � ? iirld xifriteeL 1 - / " - .. ED II - ,_ ,.. ... ,. . . a . .. . . . . ,. ....... c'' ' ' i ' . • ,,-. - . . . , ‘ . , `• �4,,,,, '�j�'�......., . .............. , .. ., - .. . ,, —„....,.,..4„.., - . ., . :a ..,,."0. ---,,,...,,,,.,,..,...,..,„.., . .;,,f.,,., . .. . . . .. . . ,. , , . . . . .: ,.. . .. ' " ' '.' ' ' .,..z%"' /40 '4 ' ' ,4•0'4,9f.m.4.414.4.•• ot + f G./• • ��ti'4mac " ,'` �' ``� rot,,e,14/1, / ? , ` 3 yr �' y,,i �a` ' �,,/ ,,t/ ..,,, . Zt....,,,....4- j. ie." f 9 Torn Speak s k pLATT % Tennan t \11,,A1. ) ; Washington Co. Public W. 16075 S.W. Upper Boones Rd. . : 150: N. 1st Tigard, Oregon 97223 ' E,e , Hillsboro, Ore. 97123 2S1 12DC 1100 1200 pee 1 a s Tualatin Fire District PECK % BRGNSON/BIGGS 17810 S.W. Blanton _ 5155 S..W. Fx,.rwood Ma 1}e e & �i rg. Oregon 97223 sw97034 06 W. B t. J. Tigard, g Lake Osweg:�a Or. Por an , re. 97201 500 1300 John Schwartz DURHAM ENTERPRISES Inc. 15900 S.W. 76th 9085 S.W. Apache Tigard, Oregon 97223 Tualatin, Or. 97 1400 & 1500 NIP? 5 .SCHREINER C.A. Hubbard , C Iris de.wood157115115 S.W. 74th Ave. .a .�� S.W. 74th Ave, 14 45 S. . Ot P e Tigard, Oregon 97223 Tigard, Oregon 97223 Tigan: e 3 } 2S1 . 13A 1200 1301 Debra Naubert • Dave Larson FENWICK Mackenzie Engineering1209 S:W. 6th Ave. 14365 S.W. 80th Place 0690 S.W. Bancroft St. Tigard, Oregon 97223 Portland, Oregon 97201 Portland, Oregon 97200. John & Janice Duncan 1600 16055 "S.W. 74th HOPSON Tigard, Oregon 97223 7420 S.W. Durham Rd. Tigard,. Oregon 97223 251 12C 400 1601 K1iauss Chevrolet Co. RUSSELL/WARD CORP. 11880 S.W. Pacific HWy. 8100 'Tyler B1va. Tigard, Ore 7223 Mentor, oh. 44060 (00 281 13E 1200 1300 & 1400 GOUMAN, not on Micro fish 15940 S.W. 76th Ave; ;, Tigard, Ore 97223 700 HAVERY Frank Tepedino 15970 5.W. 76th 7ve. 11910 S.W, Summercrest Dr. Tigard, Oregon 97223 Tigard, Oregon 97223 790 f RIAS C if Or. Spec-leer a 16060 S.W. 76th Ave, 4 03 Cva` . a fl st:J Drive Tigard, Ore. 9723 Va co gt.hhri 98661 2100 13ob Hierlsoe 11AMB 1( 11800 S.W. Walnut 7735 S.W. Durhatrl nd« 97223 Tigatdr Oregon 9722 • Tigard Ore.:. Uri _.._.. �... : ..µ, ._ p • • • • • • • • (5r: 184•0044 e Y • •� {J 3 y+: JOHN DUNCAN "Specializing in.FormulaCed Chen!icc,Is r u 16055 S.W.74th TIGARD,OREGON 97223 • • 1 M� • Ii I J 11 1 A l' M • y V M1 t b i 9.: Fr . { � � JORt SUN 4 4[' a !. ' 0 }:' fit7 ;i Spec rtt tigk in6e te055 W7dlh P7117 P,J5'CS[IE • dt � ♦ / ... .. .u.. .W..un» „n....,.. ..w ......... 'Yv w', n .. .,....... ..._�+i r �::u .... .v , -.` ..n.n u.0..�.�4 ...n.� , �\• , w .� - r . CITY OF TN c- .. .,�.v..._ ti 12755 S.W. ASH .. P O. BOX 23397 , : i TK ARD;UR. 97223' ' 4 / alt M1<4:r. t's. ',''w', - '/? 1 Or v IA f Tualat.,,{ Fire District 17880 W. B1ar �On ltq CITY:' TIG : ; 12755 SW, ASH -..4.,,,,, Y _ P.O. BOX 23397 +.�. .�1�, y'�;' < r IGARD:) OR, 97223 '' nttCp "�-L, $ r , n t ' `` ill" r " ` .1 a %/sh, r vd pa y 40"Iii . I '"a.7 Ttialati.n D, i e District ` /8.8.0.:,,.5:W. B1ant" rr"-: Ta arab 0. e 0n 9722 _. CITY F TIGAR ,. rTo 12755 ,WF1 '�'�` P c 'T P+O. BOX 23397 ,, Nv .�' TIGARD.OR.97223 ..,r 1' : fr. . `�'" Tualatin ji e C�istr..Gtr B' an ton 7'7E380 5.'lia: �> e° • Dram 97 ti { titi,ii111ittilitJth #t Iiliti t� , y"' t.,.