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Resolution No. 84-61 CITY OF TIGARD, OREGON RESOLUTION NO. 84-61 A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR A SENSITIVE LANDS PERMIT TO ALTER THE TOPOGRAPHY WITHIN THE 100-YEAR FLOODPLAIN REQUESTED BY THE KOLL COMPANY, FILE NO. SL 5-84, APPROVING THE APPLICATION REQUEST, ENTERING FINDINGS AND CONCLUSIONS. The Tigard City Council heard the above application at its special meeting of August 20, 1984. The applicant appeared and was represented by Attorney Terry Hauck. Appearing for the opposition was NPO # 7. The Council finds the following FACTS in this matter. 1. The applicant for this matter, the Koll Company, requested a sensitive lands permit to alter the topography within the 100 year floodplain to allow for reconstruction of an existing street and to provide additional land for the development of Phases II and !II of Koll Business Park. The property has an I-L (Industrial Light) Comprehensive Plan designation and is zoned I-P (Industrial Park) and is located on SW Nimbus Avenue, Tigard (Washington Cou^ty Tax Map IS1 34AA, Tax Lots 1800 and 1900; and Tax Map 1S1 34AD, Tax Lot 6200). 2. The Council had before it the record of the proceeding before the Tigard Hearings Officer on June 14, 1984. The Hearings Officer approved the request on June 29, 1984. The matter was brought before the City Council under section 18.32.090 D of the Tigard Community Development Code. 3. The approval criteria which apply are the State-wide Planning Goals 1, 2, and 5 and local criterial found in section 18.84.040 of the Community Development Code. In addition, the City of Tigard Comprehensive Plan Policies 2.1.1, 3.2.1, 3.2.2, and 3.2.3. Based on the record in the case, the Council makes the following FINDINGS in this matter: 1. The general concept for earthmoving within the floodplain is consistent with the criteria contained in Section 18.84.040, however, additional plans and calculations should be reviewed and approved by the City Engineering Division prior to excavation work. The plans should be modified to accommodate flood flows. 2. The proposed excavation and filling will raise land elevations along several portions of the floodGay/greenway frim but this will be offsetby other excavations within the floodplain. Review of the final plan by the Engineering Division should insure that this request will not adversely affect the floodplain. RESOLUION NO. 84- Page 1 - 3. A revised plan including the location, and design of the bicycle/pedestrian path extension for Planning and Engineering approval is required. 4. Condition # 4 adopted by the Hearings Officer requiring that all unused lands remaining iz the 100 year floodplain be dedicated to the public prior to the issuance of any permits. The condition requires that the dedication document be recorded with Washington County following approval by the City. 5. The applicant appealed condition # 4 and provided arguments to the City Council that condition # 4 cannot be met since The Koll Company Is not the owner of the land in question, but a lessee. The City Council adopts the following Conclusions of Law: 1. Based on Finding 1, 2, and 3 the Council has concluded that when th-,se conditions are met, the applicant's proposal will be consistent with criteria contained in Section 18.84.040 of the Community Development Code. 2. Based on testimony given by the applicant, the Council determined that condition # 4 is not appropriate and should be replaced by a condition requiring that the applicant execute a sublease naming the City of Tigard as sub-lessee of that land remaining undeveloped in the 100 year floodplain. { The Council, therefore, ORDERS that the above referenced request be, and the same hereby is, APPROVED with conditions set forth below: 1. Seven (7) sets of plan profile public improvement construction plans and one (1) itemized construction cost estimate, stamped by a registered civil engineer, detailing all proposed public improvements shall be submitted to the City's Engineering Division for review. 2. Construction of proposed public improvements shall not commence until after the Engineering Division has issued approved public improvements plans (the Division will require posting of a 100% performance bond), the payment ofp permit fee and a sign installation/streetlight deposit. Alsothe execution of a street opening permit or construction compliance agreement shall occur prior to, or concurrently with the issuance of approved public improvement 9 plans. 3. In addition, the applicant shall submit an engineering plan showing flood flow and flood storage, which meets the requirements of the City of Tigard engineer. r RESOLDION NO. 84- Page 2 __ 4. All unused lands remaining in the 100 year floodplain shall be dedicated by leasehold interest to the City of Tigard. The leasehold agreement shall be recorded with Washington County after it is approved by the City. 5. A ,joint application to the Division of State Lands and the IIS Army Corps of Engineers shall be approved if required. 6. This approval shall be valid for a period of one year from the final approval date. The Council FURTHER ORDERS that the Planning Director and the City Recorder send a copy of the Final Order as a Notice of Final Decision to the parties in this case, NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: PASSED: This day of 1984. yor'- City of Tigard ATTEST: Deputy City Recorder y of Tigard (WAN:dmj/0597P) RESOLUION NO. 84- Page 3