9350 SW TIGARD STREET 9350 SV% TIGARD STREET
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CITY OF T_IGAfi_D
Wanhi_ngton ^uunty, oregon
NOTICf3 OF FINAL ORDER - BY HHARINGS OFFICER
1. Concerning Case Number s _ SLR 90-0J10
2. Name of Owner: rlie Mawhiri_er
Name of Applicant. City of Tigard
3. Address 13125 SW Hall Blvd. CI.t.y Tigard _ State OR Zip 97223__
4. Address of Property: 9350 SW Tigard Street
Tax Map and Lot No(s). : 2S1 2AB, tax, OIL 1901
5. Request: A re est for Senisitiv+a Lands review ap roval,_. t.o _allow
installation of a storm .drainage ;�iPe._ within the 100 year
floodplain of Faano Cresk. The str; _
rm sewer woul►t replace an
existing opentort drainage aitch. Installation wou7.d include
placing_ tmQorted fill material over the pipq tc an elevation of
foo feet above MSL_ Fill would not be j)
--be within the zero-
foot rise area of the-floodplain, I-P jInduat,.tal Park
6. Action: Approval as requested
X= Approval with conditions
—__ Denial
7. Notice: Notice was published in the newspaper., posted at City Hall, and
mailed to:
—.X The applicant and owner(s)
X _ Owners of record within the req ►ired distance
--2L_ The affected Neighborhood Planning Organization
X _ Pffected governmental agencies
8. Final Decisions THE DRCI310N SHALL BS FINAL ON October 12. 1990 UNI.XSS
AN APPEAL IS FILIRD.
The adopted findings of fact, decision, and statement of conditions can be
obtained from the Planning Department, Tigard City Hall, 13125 SW Hall.,
P.O. Box 23397, Tigard, Oregon 97223.
9. Appeal: Any party to the decision may appeal this decision in accordance
with 18.32.290(8) and Section 18.32.370 which provides that a written
appeal may be filed within 10 clays after notice is gi•7en and sent. The
appeal may be submitted to Cita forme And must be acccn nanied by the
appeal fee ($315.00) and transcript costs (varies up tc. a maximi:m of
$500.00) .
The deadline for filing of an appeal is 3:30 p.m. October 12. 1990 ---
10.
10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639-4171.
BEFORE THE LAND USE I IEARINGS OFFICER
FOR THE CiTY OF TIGARD,OREGON
In the matter of an application by the City of Tigard ) FINAL ORDER
for a Sensitive Lands Review for a landform alteration }
within the 100-year floodplain of Fanno Creek ) SLR 90-0010
in the City of Tigard, Oregon ) (City of Tigard)
I. SUMMARY OF THE REQUEST
The applicant requests approval of a Sensitive Lands Review to allow the placement of fill
material on a site southwest of SW Tigard Street and adjacent to the north side of the
Pacific Highway overpass embankment. The work would occur within the 100-year flood
plain of Fanno Creek and would involve landform alterations including raising the elevation
of a portion of the site to 153 feet above MSL. In addition to the placement of fill material,
the applicant will install a stormwater drainage pipe in the site. The installation of the
stormwater draina a pipe does not require Senzitive Lands Review. The site is outside the
zero foot rise flocdivay.
City staff recommended conditional approval of the request. The applicant accepted the
condition of ap roval. No one else testified.
LOCATION: 9350 SW Tigard Sueet north of the Pacific Higwvay,WC`I'M 2S 'LAB,Tax
Lot 1901
APPLICANT: City of Tigard represented by Gary Affson
PROPERTY OWNERS: Arlie Mawhirter
SITE AREA: Less than l acre
APPLICABLE LAV1t: Tigard Community Development Code ChaptAus 18.68(I-P zone)
and 18.84 (Sensitive Lards)
STAFF RECOMMENDATION: Conditional ar -i-oval
EXAMINER'S DECISION: Ccnditionally approved
Il. FINDINGS ABOUT SITE AND SURROUNDINGS
A. ,Site size and shape :
The proposed fill site is a quadrilateral which narrows in width at the south end of the
site. T'he site measures about 300 feet in length and varies in width from 150 to I W
feet.
B. ,Site location
'rhe site is located about 300 feet southwest of SW Tigard Street and adjacent to the
not th side of the Pacific Highwvy overpass embankment.
Page l - hearings Officer decision
.S1,R o0-0010(City of Tigard)
C. Existing uses and structures
The site is currently undeveloped and used for the storage of sign materials by the
occupant of the neighboring building. The site is partly cove,c,-1 with grass and brush
and partly exposed earth. At the base of the Pacific Highway ovetpiiss embankment,
there is an open stormwater drainage ditch which runs into Fanno Creek.
D. Proposed uses and structures :
The applicant has obtains l a public stormwater drainage easement for the replacement
of the existing open drainage ditch with a stormwater sewer. The existing open ditch
and proposed sewer nm paraliel to the Pacific Highway overpass along the
southeastern edge of the site. Fii! will be placed over the stormwater sewer and other
portions of the site to a maximum elevation of about 153 feet above MST.,,th,- 100-year
flood elevation,)f Fanno Creek. The fill will be sloped towards Fanno Creek to
provide proper drainage. The applicant proposes to etcher seed the area for grass or
cover it with gravel and return the site to its vrevious storage use.
E. Existing and proposed vegetation :
The area to be affected by the proposed la.ndfonn alteration is partly grass and brush
covered and partly bare. The vegetation is thickest at the base of the Pacific Highway
overpass embankment.
F. Topography and drainage
The site drains into Fanno Creek and is in the 100-year flood plain of Fanno Creek.
However, the Tigard Engineering Uepartment indicates that the site of the landform
alteration is not in the zero foot rise floodway.
G. Plan designation and zoning :
The site and surrounding properties north of Fanno Creek are designated bight
Industrial by the Comprehensive Plan and zoned I-P(Industrial Park). Nearby
properties on the south side of Fanno Creek ire designated General Commen:ial and are
zoned C-G. Properties further west on the south side of Fanno Creek are designated
Medium Density pesidential and zoned R-12 (Residential).
N. Public sen-ices anJ utilities
The site can be served by public sanitary sewer and water and by power and
communication utilities. Utility changes are not proposed as part of the project.
1. Surrounding land uses
The Pacific Highway overpass adjoins the southeast boundary of the site. To the north
and west are commercial rises. Two rail lines pass the site on the north side on SW
Tigard Street. To the south of Fanno Creek is a public easement of a bicycle path and
commercial uses.
Page 2- Hearings Off eer decision
SLR 90-0010(Cay of Tigard)
I11. APPLICABLE APPROVAL CRITERIA&DEVELOPMENT STANDARDS
A. Chapter 18.84 (Sensitive lands Review).
1. Chapter 18.84 contains the regulations for land subject to sensitive lands review.
Sensitive lands review is intended to implement flood plain protection measures and to
protect rivers,streams, and creels by minimizing erosion,promoting bank stability,
maintaining and enhancing water quality and fish and wildlife habitat,and preserving
scenic quality and recreational potential. Section 18.84.015(B) allows the installat'Dn
of underground utilities upon approval of the appropriate community development
division. Section 18.84.015(C)requires Hearings Officer approval of landfo►m
alterations in the 100-year flood plain.
2. Section 18.84.026 requires use of design..;,materials, and practices that minimize
flood damage and the potential for damage.
3. Section 18.84.040 provides landform alterations subject to sensitive lands review
must comply with the following criteria:
a. Land form alterations shall preserve or enh, -+ce the flood plain storage function
and maintenance of the zero-foot rise iloodway shall not result in any narrowing of
the floodway boundary;
b. Land form alterations or developments within the 100-year flood plain shall be
allowed only in areas designated as commercial or industria!on the comprehensive
plan land use map,except that alterations or developments associated with public.
support facilities as deftncJ in Chapter 18.42 of the Community Development Code
are allowed in residential arid industrial areas subject to applicable zoning standards;
c. Where a land form alteration or development is permitted to occur within the
flood plain it will not result in any increase in the water surface elevation of the 100-
year flood;
d. The land form alteration or development plan includes a pedestrian/bicycle
pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the
construction of said pathway is deemed by the Hearing Officer as untimely;
e. 'Che plans for the pedestrian/bicycle pathway indicate that no pathway will be
below the elevation of an average;annual flood;
f. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board,
Division of State Lands approvals shall be obtained; and
g. Where land form alterations are allowed within and adjacent to the 100-year
flood plain, the City shall require the dedication of sufficient open land tura within
and adjacent to the flood plain in accordance with die comprehensive plan. This
area shall include land of a suitable elevation for a pedestriam/bicycle pathway in die
flood plain in accordance with the adopted pedestrian/bicycle pathway plan.
R. Applicable Comprehensive Plan Policies.
1. Policy 2.1.1 provides the Cit:, will assure citizens will be provided an opportunity
to be involved in all phases of the planning process.
Page 3- Hearings Officer decision
511? 90-0010(City of Tigard)
ST
2. Policy 3.2.1 provides that the City will prohibit any development within the I(X)-
year flood plain that would result in any rise in elevation of the IW-year flood plain.
3. Policy 3.2.2 provides that the City prohibit development in the floodway but may
allow development in the floodway if the alteration preserves or enhances the function
and maintenance of the zero-foot rise floodw iy; Policy 3.2.1 also provides that the
City may allow limited specified development in the flood plain outside the zero-foot
rise floodway.
4. Policy 3.2.3 provides that development is within the 100-year flood plain outside
the zero-foot rise floodway is conditioned upon specified requirements.
5. Policy 3.5.3 provides that the City has designated the IOC-year flood plain of the
Tualatin River as greenway and that development within the lWyear flood plain shall
be conditioned upon the dedication of sufficient open land area for greenway within the
flood plain.
6. Policy 4.2.1 provides that all development within the Tigard Urban Planning Area
shall comply with applicable federal, state and regional water quality standards.
IV. HEARING,TES'T'IMONY, AND NPO& AGENCY COMMENTS
A. Ifearing.
The examiner received testimony at the public hearing about this appli, ation on
September 25, 1990. A record of that testimony is included herein as Exhibit A
(Parties of Record), Exhibit 13 (Taped Proceedings), and Exhibit C (Written
Testimony). -Chese exhibits are filed at the Tigard City [fall.
B. Summary of Testimony.
1. Jerry Offer testified on behalf of the City of'Tigard Planning Department and
summarized the staff report and recomme idation.
2. Gary Alfson appeared on behalf of the City of Tigard and accepted the pivposed
conditions of approval.
C. NPO & Agency Comments
No NPO or Agency comments were received other than those of the applicant.
V. EVALUATION OF REQUEST
R. Conq)liauee with Chapter 18.84 (Sensitive Lands Review).
The proposed use complies with Chapter 18.84, because:
a. The installation of underground utilities is permitted upon approval of the
appropriate community development division.
b A landform alteration in the IW year flood plain is pertnii.-r,j in an industrial
zone if the modification is related to and necessary for public . 1:,,)Oil facilities such
Page 4- Hearings Officer decisinn
SIR 900010(City of Tigard)
i
as storm sewers. p'
c. The proposed placement of fill material on the site will enhance the floodplain
storage function.
d. The proposed filling will utilize materials and construction techniques intended ;
to be resistant to flood damage. Other Community Development Code requirements
relative to floodproof construction are not applicable to the type of development
prcposed.
e.. The proposed development is outside the zero-foot rise floodway and therefore
will not result in any increase in the water surface elevation of a 1(X1-year flood. In
addition,the proposed alteration is small relative to the size of the flood plain,and
will not displace a significant amount of water.
f. The development of a pedestrian/bicycle pathway on the site is untimely as a
pathway exists on the south side of Fanno Creek, and the Tigard
Bikeway/Pedestrian Plan provides for the extension of the existing pathway to the
West.
g. Approval of the US Corps of Engineers and Oregon Division of State Lands is
not required,because the proposed work is not within a wetland or river channel.
h. Dedication of open space is not necessary,because a pedestrian/bicycle pathway
is already provided on the south side of Fanno Creek.
C. Compliance with applicable Comprehensive Plan Policies.
1. The proposal complies with Policy 2.1.1, because notice of the application or
hearing was provided to the neighborhood planning organization in the area and to
owners of property in the vicinity of the site and published in the Oregonian.
2. The proposal complies with Policies 3.2.1, 3.2.2., and 3.2.3, because ,he proposed
landform modification is outside of the floodway and will not result in an increase in
the elevation of a 100-year flood.
3. The proposal complies with Policy 3.5.3, because there is dedicated greenway open
space on the south side of Fanno Creek and the site is inappropriate for greenway
development. The site is inappropriate for grtenway development because it is
removed from Fanno Creek and surrounded on three sides by industrial&velopment,
the Pacific Highway overpass embankment, and SW Tigard Street.
4. In order-to comply with Policy 4.2..1, a condition is warranted to require the
applicant to submit an erosion control plan ensuring compliance with interim erosion
control measures for the Tualatin River Basin as part of the grading permit application.
VI. SITE: VlS 1T BY IIF.ARINGS OFFICER
"I'lic Hearings Officer visited the site without the company of others.
"age S. Hearings Officer decision
SLR 90.00/0(Ciry of Tigard)
J .
VI1. CONCLUSION AND DECISION
The examiner concludes that the proposed use and.associated landform alterations comply
with the applicable approval criteria for a sensitiv+;lands review permit. In recognition of
the findings and conclusions contained herein,and incorporating the Staff Report and other
reports of affected agencies and public testimony and exhibits received in this matter, the
examiner hereby approves SLR 90-0010, provided:
BEFORE T iE CITY WILL ISSUE A GRADING AND SITE WORK PERMIT:
An erosion control plan shall be provided as part of the public improvement drawings.
The plan shall confonn to "Erosion Control Plans-Technical Gilidance Handbook,
November 1989." (Staff Contact: Greg Berry, Engineering Department,639-4171)
THIS APPROVAL IS VALID IF IMPLEMEr-TED WI"ITIIN 18 MONTHS OF THE
DATE THE DECISION BECOMES FINAL.
gDATE, this 1st day aer, 1990.
Larry t.pstei s Officer
Page 6- Hearings Ofirirer de(•ision
SLR 90-0010(City of Tigard)
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PERMIT TO CONNECT
City of Tigard
Permit No S20
PERMIT is GIVEN TO_ :�) /7/QrJ
OF
TO CONNECT A
TO THE SYSTEM OF CITY OF TIGARD
AT
THIS PERMIT MUST BE POSTED ON THE DESCRIBED PREMISES
UNTIL
NECTION IS MADE AND INSPECTION OF CONNECTION HAS BEEN COMPTED.
PERMIT FEE PAID s �1Ca
CITY OF TIGARD
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