Resolution No. 82-51 RESOLUTION NO. 82-.:T-1
BEFORE THE CITY COUNCIL OF TIGARD, OREGON
IN RE: Appeal of the MEADOWS ) CPR PD 13-81
M 1-82
FINAL ORDER
THIS MATTER came before the Tigard City Council on May 24,
1982 for review by the City Council of a Tigard Planning Commission
action as requested under § 18.84.250(b) (1) of the Tigard Municipal
Code (TMC) regarding a general plan review - planned development
(File No. CPR PD 13-81) , and a sensitive lands permit (File No.
M-1-82) . The subject property is located at 106th and S. W. Black
Diamond Way (Washington County Assessor's Map # 1S-1-34 AD, Tax
Lot 2600) .
The original decision from which an appeal was initially
taken was made by the Tigard Planning Commission on April 6, 1982,
for a general plan review - planned development, under T14C Ch.
18.56; and for a sensitive lands permit, under TMC Ch. 18.57.
The Tigard Planning Commission unanimously denied the general plan
review and sensitive lands permit at the public hearing on
April 6, 1982, conducted in accordance with TMC 9 18.84.160. On
April 15, 1982, Bruce Kamhoot & Associates, Inc., filed a Notice
of Appeal to the planning commission's decision on the grounds
that certain sensitive land issues were not adequately addressed
in relation ,.n past decisions of the Commission. The City Council
held a public hearing on May 24, 1982, and made its decision based
on the following Findings of Fact developed by the Council, to wit:
FINDINGS OF FACT
The planned development - general plan review approval
RESOLUTION NO. 82-S_ 1
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criteria are set forth in TMC §18.56.040 and approval criteria for
the sensitive lands-special use permit in a flood plain area are
set forth in TMC §18.57.070(a) . Based upon the record made by the
Planning Commission, the Council finds that:
1. The applicant is proposing to construct a 26-unit
manufactured home subdivision on property currently owned by the
Unified Sewerage Agency. The total lot area is 7.52 acres.
2. The northeast portion of t.ie site is within the 100-year
flood plain. (See vicinity map.)
3. The site is presently zoned R-5 PD - Single Family
Residential with a Planned Development overlay.
4. The area north of the site has been developed for
commercial offices and industrial uses and is zoned M-4 (Industrial
Park) . This area is separated from the site by a flood plain/
greenway. (See vicinity map.)
5. The area west of the site has been developed for single
family residential uses and is zoned R-7. (See vicinity map.)
6. The area south of the site has been developed for resi-
See vicinity map.)
dential uses and is zoned R-7. (See-
7. The area east of the site is designated greenway and is
within the 100-year flood plain. (See vicinity map.)
8. A complete site plan was not submitted by the applicant as
required by TMC §18.56.020(2) .
9. The applicant argues that they do not intend to change the
flow of the creek, nor disturb the wildlife through fill, excavation
or construction. Various neighbors are concerned with existing
flooding, increased runoff, increased traffic problems and the
impact of development on the nesting Blue Heron. The Council is
unable to determine the specific on and off site development impacts
from the record.
10. The applicant argues that the U.S. Army corps of Engineers
established the 100-year flood plain elevation at 160 feet. The
Tigard Planning Director refutes this estimate, placing the level
at 161 feet. Barbara Priest quoted CH2M Hill as estimating the
flood elevation at 163 feet. The Council is not persuaded by any
of these estimates.
11. Comprehensive measures to prevent current and future
flooding along Fanno Creek, such as straightening severe turns in
the creek and improving various bridges that span the watercourse,
have not been completed to date. (See Master Drainage Plan,
CH2M Hill.)
RESOLUTION NO. 82'- S"!
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12. The City Council has adopted a policy to regulate and
control development within the flood plain and thereby mitigate
potential financial burdens arising from flood damage and
preserve natural drainageways from encroachment. TMC §18.57.010.
13. Recent flooding has occurred within the Fanno Creek
Basin and the CH2M Hill report entitled City of Tigard, Master
Drainage Plan, 2981, indicates that future urbanization within
the Fanno Creek Basin will significantly increase peak flow
drainage.
CONCLUSIONS
As to the general plan review - planned development:
1. The City Council is unable to determine specific on and
off site development impacts without a site plan, especially
those related to the flood plain and traffic circulation.
2. The applicant has failed to supply adequate information
to enable the City Council to determine whether the proposal is
in harmony with the surrounding area, and whether the public health,
safety, welfare and general environmental considerations will be
best served by approval.
As to the sensitive lands permit:
3. Until present or foreseeable action is taken to mitigate
C the adverse impacts of Fanno Creek flooding, projects that signi-
ficantly encroach on the flood plain should be denied. The
recommendations of CH2M Hill will be considered by the City Council
as a strategy for mitigating these flood hazards along Fanno Creek.
4. City Council finds the applicant has failed to supply
adequate information that shows the proposed development will not
reduce the capacity of the flood plain area or raise either the flood
surface elevation or flow rates, or adversely affect flood direction
on upstream or downstream properties, or create a present or
foreseeable hazard to public health, safety and general welfare.
ACTION
It is ORDERED that the City Council remand this application
to the Planning Commission as provided in TMC §18.84.310(c) , and
directs the Commission to make findings and conclusions, to-wit:
As. to the general plan review:
1. The extent to which the proposal is or is not in harmony
with the surrounding area or its potential future uses;
2. The beneficial effects to the area which could or could
not be achieved under other zoning districts; and
yr 3
RESOLUTION NO. 82-,S-i_
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3. The extent to which public health, safety, welfare and
general environmental considerations will be best served by approval
Cor denial.
As to the sensitive lands permit:
4. The extent to which any on-site structure, fill,
excavation, storage or other use will reduce or increase the
capacity of the flood plain area; raise or lower the flood surface
or flow rates; will or will not adversely affect flow direction
on upstream or downstream properties; or create a present or
foreseeable hazard to public health, safety and general welfare.
It is FURTHER ORDERED that the Planning Director be and he
hereby is authorized and directed to file this Final Order in his
files and with the City Recorder and to give notice of the final
decision as provided by TMC §18.84.130.
PASSED: By the City Council by o„Q0 4 s vote of Council
members present this day of JG„ 1982.
Mayor - City of Tigard
ATTEST:
Recorder --city Tigard
RESOLUTION NO. 82-.T4 4
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CITYOF TIVA D
WASHINGTON COUNTY,OREGON
June 22, 1982
Bruce Kamhoot 5 Associates
290 Greenidge Court
Lake Oswego, Oregon 97034 II
Re: Appeal'of the Meadows
Gentlemen:
_ Enclosed is a copy of Resolution No. 82-51 which was adopted by the
1 Tigard City Council at their regular meeting of June ,.y, 1982.
Your appeal was denied with the recommendation that it be remanded
to the Planning Commission.
If you have any questions regarding this matter, please feel free
to contact the Planning Department.
-Sincerely,
Doris Hartig
City Recorder
DH/p1
Enclosure
7!Ml�6MiA'r�1M!!1!� F.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 },