Resolution No. 83-39 F
CITY OF TIGARD, OREGON
RESOLUTION NO. 83- 39
IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON COUNCIL REVIEW OF M-3-8I,
USA TRUNK LINE, AS PETITIONED BY D. CHARLES WHIPP, JR.
WHEREAS, This matter came before the Council at its meeting of March 28, 1983,
upon the filing of an appeal by D. Charles Whipp, under TMC Sections 18.84.240
and 18.84.260.
WHEREAS, the Council had before it the entire record of the proceedings before
the Tigard Planning Commission which approved the application request with one
dissenting vote on March 2, 1982. Mr. Whipp, a person entitled to notice
under TMC Section 18.84.070(b)(1)(A) 2, has sought review of that decision by
filing a timely Notice of Review on March 26, 1982.
WHEREAS, the applicable criteria to this decision are the following:
Statewide Planning Goals 1, 2, 5 and 7.
TMC Section 18.57
WHEREAS, based on the record in this case the council makes the following
FINDINGS OF FACT:
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL THAT:
Section 1: The Subject site is located within the corporate limits of
Tigard, Oregon between S.W. 121st and S.W. Johnson and along
Fanno Creek, also identified as Washington County Tax Map 2S1
3AA, lots 100 & 101; 2S1 3AB, lots 100 & 300; 1S1 34DC, lots
3601,3602, 6400, 6500, 6600, 6700, 6800, and 6900; 1S1 34DC,
lots 1200, 1201 and 1202.
Section 2: The subject site is within the Greenway/Floodplain on the
Floodplain and Wetlands Map which is applicable to this case.
Section 3: The surrounding area has been developed primarily as single
family residential.
Section 4: The proposed trunk alignment falls within the floodplain and
greenway areas which are both regarded as resources to be
Protected under Goal #5 of the Statewide Planning Goals.
Section 5: The floodplain which would be traversed by the proposed trunk
line periodically floods adjoining residential properties thus
{%
constituting a natural hazard area as defined in Statewide
/ Planning Goal 7.
L
No detailed plans drawn by a professional engineer were
submitted to the City.
RESOLUTION NO. 83' CJ
Section 6: 18.57.060 Section 1 (A) of the TMC requires that;
t. "All applications for special use permits shall be supported by
the following information to enable the planning commission to
determine whether the proposed use is located in the floodplain
or drainageway district and if so, whether the proposal, if
approved, will conform to the purposes and guidelines as set
forth in this chapter."
(1) Floodplain:
(A) Plans drawn to scale, submitted in triplicate as prepared by a
registered professional engineer with experience in hydraulic
and geohydrologic engineering and processes, showing the nature,
location, dimensions, elevations and topography of the site; the
location of existing and proposed structures located upon the
site, existing and proposed areas to be filled or otherwise
modified, and the relationship of these to the location of the
stream channel, and proposed methods for controlling erosion.
The Council also makes the following conclusions of law:
(1) The Council concludes that because the plans prepared by USA
which were available to the public were not submitted as
supporting information along with their application, the
application did not meet requirements set forth in
18.57.060(1)(A).
(2) The Council concludes that because the plans submitted as
supporting information were not drawn to scale by a professional
engineer and did not show items listed in 18.57.060(1)(A) they
did not meet the application requirements set forth in
18.57.060(1)(A).
(3) The Council concludes that because the area proposed for the
trunk line is within the 100 year floodplain of Fanno Creek
which floods onto adjacent properties and the proposal does not
address safeguards to protect the residents of this area and
their property there is insufficient evidence to show compliance
with Statewide Planning Goal 7 as stated in Findings of Fact #6.
The Council, therefore, ORDERS that the above referred application
be, and the same hereby is, DENIED.
The Council FURTHER ORDERS that thu Director of Planning and
Development and the City Recorder send a copy of the final order as a
notice of final decision in this case.
PASSED: This _IL_day of a,,2,� 1983 by the Council of the City
of Tigard.
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Mayor - City of Tigard �—
ATTEST:
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Recorder - City of Tigafd
RESOLUTION NO. 83