Hearings Officer Packet - 09/29/1983 - Duncan 1640 HEARING OF:ICER DECISION
10/83 Duncan, John & Janice
M 2-82
•L
4.
4,
7
BEFORE THE HEARINGS OFFICER
l'" FOR THE CITY OF 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 cane before the Hearings Officer
at the regularly scheduled meeting of September 29, 1983 , at the
• Durham Waste Treatment Plant, Tigard, ')regon , 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 . final
grading plan to arrive at a solution which alleviates the City Engi-
neers concerns relative to erosion and stream flow direction and
•'r
gains the same result as proposed by the applicant.
2 . A soils investigation by an approved soils engineer of the
1
area to be filled shall be made before and after the filling and exca-
vation occurs.
3. The material used for stream bank protection shall be as
k.-. I required by the City Engineer.
Page 1 - M 2-82/M 2-83
. 4 . The applicant shall dedicate that portion of the subject •
property which lies between the old floodway line to the center of
Fanno Creek and from an imaginary line extending straight along the
course of that line which represents the south side of the building
on the existing property, that line proceeding west until it inter- ,
sects the center of Fanno Creek, thence south to the edge of the
subject property along Durham Road. The dedication document shall
be recorded with Washington County after it is approved with the
City.
5. The applicant shall provide a cash deposit to construct
a bikeway eight feet wide to City standards, the length of the
dedicated property from Durham Road to the imaginary line extending
.tom the north side of the building on the subject property. The
bikepath, when built, shall be located on the east side of Fanno
Creek. -
DATED this ' day Of October, 1983 .
• HEARINGS OFFICER
,
A"ROVED: ' // /
y
BET Eh o; -
I
1
,I
Page 2 - M 2-82/M 2-83
Y
,
mwmnsimmipmw
I
ANDERSON. DITTMAN & ANDERSON
ATTORNEYS AT LAW
TIGARD PR_PU0,,F.A . AL CENTER
r"170 •t BEET
P.A.\ !4.03(.I2 b Ib Rm, GON 97223
503 - 63.5-11
FRED. A. ANDERSON
UERRYCK H. DITTMAN CI�Y pF TIG E T.
ROGER F. ANDERSON
PLANNING D
September 22, 1983
Hearing Officer
City of Tigard
P.O. Box 23397
Tigard, OR 97223
Re: Sensitive Land Permit Hearing - Duncan
It appears probable that additional time will necessarily be required
to reach any commonoutlook with respect to the above referenced matter,
which is now scheduled for hearing on Thursday, September 29, 1983.
Toe additional delay is not attributable to any particular person or
cause, and as stated to you previously, the problems involved have resulted
in a rescheduling of various appointments of persons concerned with this
matter on the side of the applicant, and by reason of the Bar Convention,
the next meeting will be on Monday, September 26, 1983.
I regret the necessity 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.
Very truly yours,
ANDERSO , DITTMAN & AOERSON
N
,/6-<.. et• e•?_- e: --41.4--erg7r(
d. A. Anderson
FAA:sr
)
cc: Edward J. Sullivan
'._
STAFF REPORT
AGENDA ITEM 2.1
CITY OF TIGARD HEARINGS OFFICER
JULY 28, 1983 -- 7:00 P.M.
DURHAM WASTE TREATMENT PLANT -- CO, SERENCE ROOM
Corner of S.W. Durham and 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 and fill
within the floodplain, for future devalopmer.t of a building and
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 with modificationc anu
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 Lhe 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. BACKGROUND
In 1979, Jadco received two permits from Washington County which were
approved with conditions.
The Jadco property was annexed to the City in 1981 . The annexation was
ratified by Council Ordinance No. 81-31.
On July 19, 1982, the City's Code Enforcement Officer informed Mr. Duncan
in a letter (copy attached) that the fill placed on his property required
a Sensitive Lands Permit.
2. BACKGROUNP (Continued)
Mr. Duncan applied for the required Sensitive Lands Permit which was
denied by the Hearini:s Officer on October 7, 1982. Mr. Duncan
appealed the Hearings fficer'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 Plan relative to development in the floodplain.
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 _genc'.a. On Friday, April 29, 1983, in a staff
meeting to revew the permit request, it was determined that
additional information would be required to process the permit.
On May 9, 1983, staff received a le.ter from John Duncan stating that
he would not authorize the engineer to do additional work, that he
feels that the application requirements have been met.
On May 11, 1983, Fred Anderson, John Duncan, John Skourtes, Frank
Currie, Bill Monahan and Liz Newton met to discuss the application.
On Jun, 3, 1983, the revised application was submitted for
consideration at the June :).3, 1983 Hearings Officer meeting.
On June 23, 1983 the Hearings Officer continued the hearing on the
application to July 28, 1983.
3. VICINITY INFORMATION
A. 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. '.11 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 dens; ty residential.
4. SITE CHARACTERISTICS
1
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 'Ihe City shall maintain an ongoing citizen involvement program
and shall assure that citizens will be provided an opportunity
to be involved in all phases of the planning process.
STAFF REPORT M 2-82 Page - 2
rimm=
0
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.
2. 1.3 The City shall ensure that information on land use planning
issues is available in an understandable form for all interested
citizens.
All interested parties are liven 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-year floodplain which would result in any rine in
elevation of the 100-year floodplain.
3.2.2 The City shall:
a. Prohibit land form alterations and development in the
floodway, except alterations may be allowed which preserve
or enhance the function and maintenance 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 alloyed which preserve
or enhance the function of i.he zero-foot rise floodway.
3.2.3 Whete land form alteration: 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 ;
h. Engineered drawings and documentation showing that there
will be no detrimental upstream or downstream changes �n
the floodplain area, and that the criteria set forth in the
Sensitive Lands section of the code have been met (See FIS
September, 1971) ;
c. The dedication of sufficient open land area for greenway
adjoining the floodplain* including portions at a suitab?e
elevation for the construction of a pedestrian/bicycle
pathway within the floodplain* in accordance with the
adopted pedestrian bicycle pathway plan.
STAFF REPORT M 2-83 Page - 3
4
The City Engineer has reviewed that applicant 's proposal and finds that
the fill and excavation will enhance the flow character_stics of Fanno
Creek in the area and will not raise the elevation Jf the 100 year
floodplain. The fill will be limited to the area outside the zero foot
rise floolway. All land remaining in the 100 year floodplain should be
dedicated to the public and the applicant should be required to construct
a bikepath the length of :he 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 floodplain, 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 demage 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 Jf the 'ity
its commissions, representative and agents, and landowners
and occupiers.
The floodplain district has for :Ls purpose the
preservation of natural water storage areas within the
floodplain district by discouraging or prohibiting
incompatible uses. (Ord. 79-73 section 1 (part) , 1979:
Ord. 79-46 Section 1 (part), 1979: Ord. 74-50A Section 1
(part) , 1974).
18.57.020 Definitions. In this chapter the following words and
phrases shall be construed to have the specific meanings
assigned to them as follows:
(6) "Floodplain" means the relatively flat area or
lowlands adjoining the channel of a river, stream,
watercourse or other body of water which has been or
may be covered by floodwater within the are of
appl.icaNility defined by the floodplain district .
(7) "Floodplain district" means those areas within the
city of Tigard inundated by the one-hundred-year
regulatory flood.
STAFF REPORT M 2-83 Page - 4
•
18.57.040 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 interfe• e 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 increase 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 (park), 1979: Ord.
74-50A Section 1 (Part), 1974).
18.57.060 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
chapter stated may be approved or denied by the Hearings
Officer following a public hearing.
All applications for special use permits shall he supported
by the following information to enable the Hearings Officer
to determine whether the proposed use is located in the
floodplain or drainageways district and if so, whether the
proposal, , f 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, dimension,
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.
(B) Any documentation, photographs, water marks, and
similar evidence offered in support of the claim that the
site or area in question lies above high water as defined
by the regulatory flood.
STAFF REPORT M 2-83 Page 5
The City Engineer is concerned that 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 end of the
excavation adjacent to Durham Road, The City Engineer feels
additional rip rap material of sufficient size and placement should
be required in these two areas. The City Engineer would prefer,
however, the fill in the floodplain, be on the west side of Fanno
Creek where it would have the effect of straightening the direction
of high water flows as they approach the bridge. He feels this would
reduce changes in direction and subsequent erosion. The applicant
has submitted sufficient information to reach a decision on the
request.
18. 57.070 Standards. (a) Application for a special use permit in
flocdplain 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
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 welfare.
(2) The applicant must obtain the permit required by the
state of Oregon under ORS Chapter 541 for removal or
fill . lg of waterways, or demonstrate that the
provisions of this statute do not apply.
The applicant 's narrative (attached) addresses standards required for
action on Sensitive Lands Permit to allow fill and excavation within
the 100 year Lloodplain 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
quality, groundwater level , flow rates, or flooding.
STAFF ANALYSIS AND CONCLUSIONS
After review of the technical data submitted by the applicant, it is the
opinion of tl►e 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's opinion that the applicant 's proposal
does not violate the intent of the Sensitive Lands Ordinance.
Staff recommends approval of M 2-83 with conditions as follows:
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 erosion and stream flow direction and gains the same
result as proposed by the applicant.
STAFF REPORT M 2-83 Page 6
I
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 stream bank protection shall be as required by
the City Engineer.
4. All lands remrining 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.
5. The applicant ;;hall 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 deposit to cover those •
costs.
Should the permit not be approved the new fill shall be removed prior
to September 1, 1983.
iti __ -- ____ .
ilfri
PRE;PAR ' BY: :lizabe A. Newton APPROVED BY: William A. Monahan
Associate Planner Director of Planning and
Development
)
STAFF REPORT M 2-83 Page 7
ANIC
( 4
MACKF,NZIE ENGINEERIN( NUORPORA FED
June 3 , 1983
ri r. /-"1 7 rr
.,
�jr•J
J; 'I 'IJ
Ms. Liz Newton
Planning Department C((Y ur I fGAHu
City of Tigard PLAN
12755 S. W. Ash Avenue N(NG DEPT
Tigard, Oregon 97223
Dear Ms. Newton:
RE: Jadco: Sensitive Lands Application
Please find attached five sets of the Sensitive
Lands Application, including narrative, calcula-
tions, and exhibit drawing. Pleasecontact this
office if additional copies, or additional in-
formation is required.
Pursuant to our previous conversations, we will
look forward to a hearing on June 23 , 1983 .
Please call if you have any questions.
Silncerely
c
David G. Larson, P. E.
Project Engineer
DGW:mm
Enclosures
cc: Mr. John Duncan
Mr. Fred Anderson
Principals:
Thomas R.Mackenzie
Eric T Saito
M.M.Breshears
0690 S.W BANCROFT STREET • PORTLAND, OREGON 97201 • PHONE 503 224-9560
MACKENZIE ENGINEERINr INCORPORATED Sheet 1 of 4
JADCO CHEMICAL LIMITED
'ENSITIVE LANDS
MEI JOB # 182367
INTRODtJCTTON
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 ha. yen placed on the
site was obtained by the applicant from the Contractor
installing a new storm water drainage pipe in Durham
Rcad, as well as other local construction projects. The
applicant w?r. 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 was previously a natural depression,
subject 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 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
others upon whom he relied.
It has been suggested that Jadco Chemical Ltd. become
a joint venturer with the upstream neighbor on both
engineering design and construction along the creek.
The upstream neighbor has no immediate desire or inten-
tion of participating in such an endeavor, thus this
application addresses only the area of the 1982 fill.
Jadco Chemical Ltd. 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 II (a) 4 of the
floodplain application herewith , a site plan has been
prepared and accompanies the application. Also, com-
plete engineering calculations have been submitted to
the Director of Public Works.
Principals:
Thomas R Mackenzie
Eric T.Saito
M M Rreshears
0690 S W BANCROFT STREET • PORTLAND. OREGON 97201 • PHONE 503 224.9560
MACKENZIE ENGINEERINq INCORPORATED
2 of 4
MEI Job #182367
JADCO CHEMICAL LTD.
APPROVAL CRITERIA
A. "The proposal will not reduce the capacity of the
floodplain area or raise either the food 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 to development in th 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 ilood surface elevation will re-
sult. 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 maintained 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
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 the compensatory excavation will enhance
the flow characteristics of Fanno Creek
(See Ordinance 83-20, Section 3 . 2 . 2 (a) 1) .
1
B. "The proposal will not adversely affect the flow
E1Trection on upstream or downstream properties" .
The proposal does not include any relocation of
the main stream channel , therefore, no redirec-
tion of flood flows will occur.
C. "Identify any foreseeable hazards to public
health,_safety and welfare, and how the
will be mitigates" .
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. In most cases a drainage way
Amml
•
•
•
•
MACKEN.ZIE ENGINEERING INCORPORATED Sheet 3 of 4
MEI Job #182367
JADCO CHEMICAL LTD.
is not considered hazardous, since in its natural
state a flood water rise will occur slowly enough
to pose no particular danger.
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 will
have an established native grass cover prior to any major
stream flows, as stream velocities above 4 ' per second
could cause minor erosion of the silty-clay soil .
ACTION PROPOSED BY THE OWNER TO ASSURE COMPLIANCE
WITH CITY REQUIREMENTS:
A. Remove fill material in the area of the en-
croachment, such that the toe of the fill is no
closer to the stream than the 0' floodway
I `' 1 (near Section A-1, see Plan) .
• B. Place additional fill material, out to the 0'
floodway with the top of the slope no further
I , north than the east/west extension of the south
wall of the warehouse building.
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 of straw prior to re-entry
to Fanno Creek.
F. Agree that at the time of definitive City
scheduling of bike path construction, dedication o
bike path easement, as well as providing ade-
quate temporary construction area will be assured
MACKENZIE ENGINEERING INCORPORATED Sheet 4 of 4
� e
MEI Job #182367
JADCO CHEMICAL LTD.
CONCLUSION
The application, as submitted, is in conformance with
the recently adcpted Comprehensive Plan revision which
provides economic development in the area with which we
are co,icerned in this case.
3 . 2.1 -- This section is satisfied, since no en-
croachment on the 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 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 narrative.
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"
low
ClF1O EOM)
WASHINGTON COUNTY,OREGON
GENERAL APPLICATION FORM CASE No.
CITY OF TIGARD, 12755 SW Ash , PO Box' 23397 RECEIPT No.
Tigard , Oregon 97223 - (503)639-4171 —
j 1. GENERAL INFORMATION • FOR STAFF USE ONLY:
FRiOF'ERTY ADDRESS . ' - 16055S. W. 74th. Associated Cases:
Tigard, Oregon 97223 ,_ -
LEGAL DESCRIPTION T25 R1W Sectidn 13(A) TL 1500 G
! Accepted
PROCESSING:
SITE SIZE 6.9 acres i Accepted for Pre-App. :
PROPERTY OWNER/DEED HOLDER* John A. Duncan, Joii.ce M. Duncan By: , /
ADDRESS 16055 S. W. 74th PHONE 684-0044 — _
Pr.e-App. :
CITY Tigard, Oregon ZIP 97223 l '
APPLICANT* Same as owner Date 6rTime:
//:?:-I Va /
ADDRESS — PHONE
_: - Accepted for Decision:
CITY __ZIP _
*Where the owner and the applicant are different people , the By:
applicant must be the purchaser of record or a leasee in Hearing Date:
possession with written authorization from the owner or an
agent of the owner with written authorization. The written Hearing Reset To:
authorization must be submitted with this application.
2. REQUIRED LETTER OF AUTHORIZATION IS ATTACHED 0 YES n NO. Decision: filed & mailed
3. ' THIS APPLICATION INVOLVES THE FOLLOWING: APP.
Comprehensive Plan Amendment
FEE FILED PAID Accepted for Appeal:
-- from to B y: _----
quasi-judicial _
legislative ' Date of Hearing:
__ Zone Change from to _ ` ^-
quasi-judicial
legislative I DESCRIPTION:
Planned Unit Development Comp. Plan Designation:
_—
concept plan detailed plan_ : - L.
_ _ Subdivision — _ — — NPO No.
Major Partition
_ Minor Partition -- Zoning D}�tr}�t --
_ — Design Review '-- -- — M `f
Conditional Use Zoning Map No. �
7 . Variance to Zoning Ordinance -- `- le '
-
(Title 18) Quarter Section No.
Variance to Subdivision Ord. 15"57)
(Title 17) --- ______17====-2,-
Sensitive
--- - --
Sensi[ivc Lana Permit
— - --'-------- STAFF NOTES:
Nic Floodplains i, ' -
li _ Drainageways
Steep Slopes
.. v
Other ` ---- -
-----"-- ---- ---------- -- i
GENERAL APPLICATION FORM PAGE 2 CASE No.
CITY OF TIGARD, 12755 SW Ash, PO Box 23397
Tigard , Oregon 97223 - (503)639-4171
SUPPLEMENTAL INFORMATION (TO BE PROVIDED BY APPLICANT) FOR STAFF USE ONLY
Notice of Response
I 4 . DISTRICTS Awn• dent Received
Yes No Yes
SCHOOL DISTRICT Tigard 23 J
WATER DISTRICT Tigard Water District
FIRE DISTRICT Tualatin Rural F.P.D. •
PARK DISTRICT Tigard
UNIFIED SEWERAGE AGENCY - Sewer Available : YES LJ NO
OTHER
5. PUBLIC UTILITIES
ELECTRICITY P.G.E.
NATURAL GAS Pacific Northwest Natural Gas.
TELEPHONE General
OTHER
6. PUBLIC TRA1SIT (TRI MET)
NEAREST BUS ROUTE AND STOP #37 & #38 at Durham &._Boons Ferry.
#43 at Hall & Durham .
• 7. , OTHER INTERESTED AGENCIES (SPECIFY)
Unified Sewerage Arlene',
. . CHARACTER OF THE AREA
EXISTING LAND USE PLAN DESICNATION ZONE VERIFIED BY STAFF
NORTH Vacant R 7
SOUTH
Durham Rd. M 4
EAST 74th Avenue R 7
Vacant R 7
41
CENERM-. APPLICATION FORK. PACE 3 CASE No.
CITY OF TIGARD, 12755 SW Ash , PO Box 23397
Tigard , Oregon 97223 - (503)639-4171
9. CHANCES IN THE CHARACTER OF THE AREA WHICH AFFECT THIS APPLICATION. Pleas" Discuss:
Recently, a gradual development of property along 72nd arra Durham Road of an industrial
nature has taken place. This project involves creation of additional building area for
future building(s) , and thus would be an extension of this gradual growth of industrially
zoned property in the City of Tigard. -
•
10. DES,RIPTION OF THE SITE
Lot Area (acres, squat feet) 6.90 acres
11. EXISTING STRUCTURES ON THE SITE
Square Distance From Property'Line
Use Feet North South East West
Light Manufacturing 780( so ' ± 20' ± _380' +
(County Zoning MA-1)
+--- -
NATURAL CONDITIONS
12. Percent Slope :
13. Vegetation Types : Average Diameter Percent Of Each
Yes No Size Of Trees Per Size
Trees: X _ 2" & Less 80 %
Brush: X 10 - 12" 2Q .% no tree removal
-- s L tl ii s time
Grass: X
14 . Floodplains: XHow much of the site is in floodplain? 43%
i; Water Courses X What type? Small intermittent
16. Rock Outcroppings _� X
17. Other :
18. Proposed Development: Please briefly describe the proposed development: Theproposed __
sensitive land application request includes landscaping and filling for future building
development. The owner seeks the city's approval of the filling that was acce plished
without permit. The owner was unaware ofthe EityTs serisitive 1 nds permit requirements.
GENERAL' APPLICATION PORN – PAGE le CASE No.
CITY OF TIGARD, 12755 SW Ash, PO Box 23397
Tigard , Oregon 97223 - (503)639-4171
r
19. The following isp, is not 0 required.* -1n (1) •' '/ ���'/'
20. Overall Site Development
� 1
Residential Commercial Industrial Open Space Other Roads Total
No. of acres + Future (?awing)
or square — Building area 300,564'
feet per use _ 7800 789,764 _
Percent of
site26% 96.(% —
._.. 1 %
coverage _.\(C _ t_
Type of Residential Use and Characteristics
p of Bedrooms/Unit
Type of Use 0 of Units JEFF. 1 1 2 3 14 Proposed Density
. 1
Where applicable , please explain how the open space , common areas and recreational
facilities will be maintained.
I
I[,
If the project is to be completed in phases , please describe each phase of the project.
* Staff w' • , wi - , ' • b ' ' • t letcd.
•
•
GENERAL APPLICATION FOR.. - PACE 5 CASE No.
CITY OF TIGARD, 12755 SW Ash , PO Box 23397
Tigard , Oregon 97223 - (503)639-4171
THE FOLLOWING PEOPLE, AS REQUESTED £Y THE APPLICANT, SHALL BE NOTIFIED OF EACH HEARING.
(e.g. Attorney, Surveyor , Engineer)
Staff Notice
Notice Report Decision of Review
Namh Dave Larson/Mackenzie Engineering
Street 0690 S. W. Bancroft Street
City p1 State L1R Zip 97201
Name
Street
City - State Zip
Name
Street
City _ State Zip
Name
Street
City State Zip
APPLICANT
• OWNER
C
/
,
By= (ACSt#4 _DATE 5'r81A3 J��p MACKENZIE ENGINEERING INCORPORATED
CHKO BY�L 5b DATE__ E1.
S1SfTwe 1.11+,2' 9
4LICA"rlp.J CONSULTING ENGINEERS
OB
N•-(GkAKha C Cf-e1 vt-*4"TI CO c
SHEET N0.? OF_
W-N.lE Oil •E\/ISEIDSECT!Q,_1; F-,'2,I T1+4-0 3.'Z."-:, GF- o :oITJA J;,E
c.4; :_c)L1;T rH E 1 Ft-oO D /A' ' 2aJrJ 2..•-! L41.1 E S A c-P p:
1H'. ,... ....,:_;.Y.-.c) 'I_ Ty' (A1 ALLOWE--:::::, AS > v( ck ,JCE
FE-C.. F{:444.-
/
c_AJ 4E, IN1 7/Ni DF L -S.-E3 , e:.,1 J THE Cvlco'.: v(loc... wcrr
2 ASLF T U�-$J E-,•('A' re 7}1E CSI FtIX>C .G4Y 1300.-1>1.1e1.--•{ IQ 71+-r1E
Fc'r'Z L ..TA 'J 3 r1'.TTACL.). .A t CCD - -- FS2-4-1J 4-12-1
C-1r.ICk7 .TMEC.ar-+s vAPS S.t w "TIBC II FLo�toc:'A`r cki 2-1 L4NE
( JC( b iT W1-1"H. TNS 100 "-(iZ. ooqPLAlrJ 1.10E O►-i TSF •/4EY..i
K , -71-1Z.-- 01 I✓LDor,Jy 4A`' V J I LL A . 0 17, & A'-r '-r + -r Lo cia,m d 4
RE-QID: h<,DvE- A Ve.ialIC -t_ L1145 (FLooDwA-q (3000('j '-i L.31.J�� 1
N c*-t zaJ TA uY , or-.1 A TC-1A1._ {- EC -e 2- 9/..r.:•:c , kin L..- Soci-, M cN Er-t F3 TT
-..) u...1 AO l I►J C4LE2 1 N I oo `(2 F{-croD Float:::Le E -zAAT I o r.4. 1 E.
7 Cc-14 rJ ICs-t,,, AC T;X1,1 t "f14AT OF- ci EC-rt 1 r16 S relAt LC- - R...o k4 A-{-E-A A
r‹-'C v CE-ej: I-1-(D .-j L I G (24-21 V c. , AND -r14-.)S A HO f4 Ef=1- 1 C I V..-/T-
CHAr.1rJE--.` czZc"IOr.I ,
•
2.. D' F t :cC;N ,'A`( DeT -ti 1 N ATr a J n=0.06 A :I,34. 5F '-"I\I L
5-r -r I o►J ; Eipt# I A Jv � H`` i P ,' S� 1 ox 1 h f 14GL_ 14 -
i i I
Q",�, f1'le L1 ► 1 129, el �
I \
F+at ccwrs l
• 1 (-a P.'"r-ri. K,,rroVT;
A 1 I 1 12$1447 1133 3 $2 ' ,3 I 'I2 113,'�i,y 06,917 130 0,25 129.44- Ito Low
�4I.y4+ 12,-, i 2 I21 Li7 riA, 3. . l3 11�1.to I� ZG4 00115 13o I o?.s II-4.44 ..
' ------ 1 3 17-°.t}7 I LI° 44-I . 37 (7-Q.b-{ Ilii.�.D0 Z.11 130 D,-1-7 121,46 ()lc ,'
Lz.. I i :44.2, 144 7 1.+7 .2S 12/i-8 '7..i,„<", .0,-,r381. Ion- ; 0171-1-72.1.60 Tpo L(t.'
ifri 1.44+es 2 13c,7 3.�2 '2'1 12-9.14 e . ,oc1s2� los ; OA, 129.b2 o K.
C 1 1295' I32'7- *3,SS o3I 130.II ns <.00ISB IIS ! 0.22~ I24.P4 Tho +iwC�! ,sF�.fr�. 1.��3�, 2 II I�{rb SCI ,t6 '13o.e: z,f�� ool7t4 115 I O.?n .._-
lztf"' 17.q.B2 bIGP I Q( 1431 ' 3.544 o,11 130.7-1,'7'17_,- --
- ,141 .00152 (2o Icit. I 110 . Do L'IL,
k l 1.,2-4 i 410 I j
I 13,:., 11 Ing' ' ' � 7;:� ---.----�- -- ___�--
I , .,oma 0,11 1% "--4�1t" yl .00096 Ito ; O.I:�- i I3ptf Tom. H16,4
(,�1 1.4`415590 S ; 130 '; I g6 7 VI")3 0•I6 I WI-6 '- 3 /
jII.Sj,polo I7o 0.12. 13 b.17._ �I M
3 t (- 11 I°U7 1 Z 62 0.14 110'- 311�,iy .acro'] 120 i 0. 11 j 120. II Ok
I
1
BVf CR LA12 J DATE;•NE-81 JA.%=-o MACKENZIE ENGINEERING INCORPORATED
CHKD.BY _DATE ...1=3-G;-rI.IE -A Ki C i f}FPJ CA71 CO CONSULTING ENGINEERS
JOB# I A b; 4.-1 bkA-0 u c 6 t.•41 O+/=
�. �L�-U < < SHEET NO. I _.OF 3
. Z= C -TA
• CP c:IJ�'N E 5'-.7.) i a7:-' --1F-. r---.-L-- ----i '' C L.X.)-‘,11-% Ri.)- 5D1:`" c;—s
FLoop EIrN ` 12.,-1 1.44: 129, 11
( )$ . ' yS 1`1 1"1 S t,A-forl)
• FAL/KID cffc( h
/
vPIt-UE 0,,(D - 6MANNIN�-{a 0-00C-4-4/C7f1
coEFF,cr -rT J
PCO,T1 RTC) : rj..I r,') _/--rr= sr-tiE I o> ' "(Z FLOOD PCI L - Fay
;r
Com'QAct G.R.0,,i$T / ?"�.t de To Fiut__ F LAKE'•N.. .S 1 .
• SEE MANN( EN7ITLeD .1WCo C* ICA-t,. L701 5‘74-7:;71•1E.
LANDS EK-'-1-1E7 , t 182-367 , Fo-r. crezr..s W TIom4c A,f3 I t c. CCC- IoNS
S, E NAS X-0 At)D,D TO -ra .-tE THE- 0' r- .o Jt .'P:-',
P-4-).,-),1- 6(1.,-‘1' A -P-o,r TC "1-0-T Srt' c (A-1-rAvtE►j)
n- vi
S.. FRS CXISTI ,JG c.orJDITic,..1 . loo-(R FLDOC ppis pi E v1= ID.06 0-i.3 6. sF=`..Og�44
Vrt`Ma►.1 "MAO* ' E. A i `i1 -1--- -- L P < c pg h{ NGL H
Q -- �- - ----•— ---- --2 J - - —
PIe.-�y;lc,1.411 129, 9
. A 1 1 129,So I cll0 3.61 0,7_5 izq.75,T .c0747 1oI a is 129,47 — ---
i2./Q,1.`4f/30 2 1119.47
IL403 6";:,
01.6 1211 „..2"5-5---;;.--1::'
�.;, .cxnilz 11)o' 0.29 129.y-a oto ,.
E, I IVA I6?7 3.o4• 0,ici f9,sH �i,,,�.001st los' alb IZq,6+ OIL
t1. I44--v) j 1 _ _ . _
C ! I 112.1,80 141io 3, otic r3D'0S 77'12 B OD1516 IIS' 0.1-1 ' 179.91 OIL r
R.H. 1,4d4-3
p 1 1 I 1,1 90 115+ s- 3.zS tt- 13c.11 !1-1-- ,:<1. .00167 Ito 0.1-c
(30.00
rt-1 14444-10 2. 17995 1511 y.17.- . 1%. I$o,I ? ;” ,0o1bt II-00,19 i 1-L�.9q
129.91 15F1 3.1.0 .t,- 110,2 -.�Io 5,•0IS9 Ito 0,11 130.00 0 .. ✓
``/
C_ t I'��,1 z 99 1.51 ; 0.II 130.31 =°5 . 0•3067 Ito o IP I o.I0
I � I �5"
1-M 1.4,44590 f I3o•Io Zi51 g6 , 0. 1t•- I�o,71cb09,1 Ito 0, II 11)0. I I OIG
I 9.43
1
i
I
0 P
\. ,
) 11G1Nf E~ `,.,f
r lG`i✓hrr T
4 J
'/.20:1:0.
�CFpFGE.�F
I
_____
I
(
BY'SG 1- Gra.- DATE -I8t3 '-CC):-O MACKENZIE ENGINEERING INCORPORATED
CHKD BY DATE '`.-)S17 t`'E 1.Lit147.::, f-PPuC1.'Tkv,J
CONSULTING ENGINEERS
JOB# t SQ-1-"'-1 _ }J'1rj .-ro t.{L net tC,Jus". D►JS SHEET NO __:3) OF_ 3
S. F-l-C>' L.A+N .Ta=AUE pRE..n.a<VAMW
AE.- '-';:. :c) t,Y T)-{F -+r:7 t VE LANPS or-pi NJAct-1 c.-E- , THE S 0C.I. ,F,-
'401-' E OF THE IoC1) \(& _ F:.D0DP:.A-1 r.! ►-wvc V.E HAIr-J-rR1tJ V. As
><.PAING� t?•,( -1-K PoiaL.(c •/../012z S DE'T., .4‘114+ WITH+N T1 OI Ft.t -
vAq -iA, E+c ua�/A- 1t c::0-1 Fi.4 FATE Fa{L. P,000i) s t t*AG+E Los-T
oc T S 1 D` 'TSI rE F1.-''ot► .&JA`(. S vci-; F K C-AW it c rJ S f--f4^( tihT ouv(t It...)
003e9- TD t.)442-00") T'i OI F�.wtx•1A-{.
F�<- `THE FILL. /CKCAJATIC 4 LIMITS 5"kCniJ14 ON THE pfpLICA ro4
WaIT , -T' E FOLLOW]#.1 G IS At.) " As,€r.AGE E'Jp Ai- „ C LCVLAI1ON
Cr: F1Li. 1- FxLANA TlvtJ
FLL
7 ita r ARBA A VCC , bt ST Vot_ c././. (cD
STATow A-"10 ..a 9� , 'tor 2
5-c:.
A Ic,: SF
B '286 SF
23Q,5 IDSI 13I
6� 1"16.5 1154 '15 2
c 4 'I -33:s"- 25' 3 I
Is-
"T '7k - FI L.L I S 4 c u.YD.
t I F Pt.r.+rJ
,Cr._.••-1.VAM 0/J
riJ Af. c. Arv[,. :1ST, Vol., Cv `fr.)
STA'TtorJ A--IDI -Q- !AA Fps 33,$ -�o
B 28"s S 1 15.5 Ior ' 652
2
C ?FIs 6 .'. 115' 1125"
C+ Sot 11..,z S So 227
-77At cr7 2122 cu N.1 D.
1N 1r-,,,iu►I0
Lis sitsoli v E-Lcx_17--( �/
-4.7.7 ofd M(.e�1FAcN1(OPI Ar-fEfi I..b 'r-cA"ToW /% I,JCRW'14,tE-
SEC77Dr.) A ?,6 ? FPS Li.LI r--PS Mo
' 3.o - FSS 3:72 FPS 22_°
C. 3.42 PP: 1).61 FSS .4,
•
131. 4. -19° 2 F,l.l. I.IM!T5
I"J.. . ribitibin (
7f•t� F;pJDW6Y
itI
I
I e) , • ..... . • . . _. + ---
\ ua ,
j� �- GyRl<silvtl.. ,�c% :7_ — L
, I3r I
•
\� I l . j •-a. - !Z° tIPcar
o/ .
1 r/ s
120 ., .... _ .
l-___ l I
j G 4C7 �(> 11.0 !Lae •((G' '140 'LEU 1)20 (✓U
1a9 GP ,0 "7n.�y1-I or-1
,
r
IIINIMMINIIMMMIIIIIIIIM11111111111111111111.1110
. "---- _
• lb*.:. F.._ L:N1,'_: ____
',.
- -P _JAY 4. 1.1.11111Milageall - .
_________ ____
-: _.A7.),..4.6.7(
)-, • 1 •
0 I,- ....4
• t- I %-. 11 -- - - II.[ i---/ FC- P;-::::-.--) I /
I tl 1;!
i l' I i- ,
/ , F.....7a7 F....I.,.
• -• • s - •
43, to
/ _J kil
< 4. •
lll 11.1 <
) ---t .•
- 1 . . . - -- -.1- - - 0
tit i/
-3 —1
, .......), . 1_ 4.
. .. I --: - - C. •It .<!" r',..\° ..
. -002
. >
.)
N VI 11 4: II i
,v 4a go 120 I 4.0 100 240
,-----
- 1
4:--1) - .:,-7 Pri T4A-1 Ve. ;1 .,..,.. ,, ,..,,. ,..,.
%
I1,, 4, _.. . -.0" _ _. _. . _. __ -----.
O F„Op;7l.LsY 4 I.: -__,
' I ��• III . Jif _
v' .dC'- DATE
'\ IX `ett. I?t,..%);:. ?_ 'rJ i .— I DRAWN
, .S I CHECKS
. .
S 1 . C.%L—
,
0 $ I REVISIC
\ , inc--CCI IIJ4L
ri
N♦!♦•/.NO'.
� °".4
' \� I r- ' of JP (Cd ;1 .LH-Jho
� .Ise OP oPI PE I I } ■ ;
11.0N O. M1
SHE ET
o 4-0 bo IW I 2A7 240 2go pro '2,A.:,0
t.
' 02?A71 o� 3+ 50 .�._ I" .io' -o" hvl~IZ. I"•4'-J1 �/E�ZT ---
J08 NC
IT- - MI. ',A,
to
I
v' AY ! /
�
r'22. \ r
itoi_co,i, '
�,1 i �
1 : I /
2b \\ • ,. ---1 - 1-. -.--- -- ----
_ _..-- -- LL1
6 �-
\ 6 1 2 ' 1
iv \ ' F -- 1. ------ .—_ _._.—._. , _ .
\ / I 1 I
I
.---1
I I l0 I• •
'1 Bo 120 1600 2 a so /ex? �� y.,
I lei-qo'•d ticclt..
II,- 1i-0" vE1zr.
s:,,'
1
MEMORANDUM•
JtM'tJi / 6, r 45 5
TO: Liz Newton, Associate Planner
FROM: Frank A. Currie, Director of Public Works
SUBJECT: JADCO CHEMICAL SENSITIVE LANDS APPLICATIQN' 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 addressed the criteria relative to capacity,
flood surface elevation, 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 flo•xd surface elevations.
I do have some cwncerns, however, that the proposed excavation as shown
on the plan view will have an adverse effect immediately downstream as the
channel 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 Dur.hah Road.
Additional rip-rap material of sufficient size and placement should be
required in these two areas. I would prefer the excavation, to balance
the fill in the floodplain, be on the west side of Fanno 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 hearngs officer allow staff the latitude to deter-
mine a final grading plan with the applicant to arrive at a solution that
satisfies the approval criteria to gain the same result as proposed by the
applicant . (See paragraph D under "Action Proper e- the Owner . . ."
page 3. )
1
TO: TIGARD CITY COUNCIL
FROM: NPON5
' 1( 4l
,
V'�
`
DATE: June 16, 1983 a ;
RE: JADCO SENSITIVE LANDS PERMIT CM/ OF TIGARD
PLANNING Dr_?T,
Dear Mayor and Members of the Council:
During the past year the committee mem5ers of NPO#5 have been monitoring
the Council 's actions regarding the Jadco 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 u ;rficulty in dealing
with this issue considering the state of flux in the comprehensive plan, it is
none the less alarming to us that such a condition has been allowed to continue
for a period of nearly a year. This is particularly disconcerting when Mr.
Duncan's illegal fill on a sensitive lands area may have had and continue to
have an adverse impact upon the surrounding environment.
11111. It is also of concern to us that the current citation system apparently
does not provide a sufficient deterrent to prevent developers such as Mr. Duncan
from violating the city's permit requirements. This has been certainly punct-
uated by Mr. Duncan' s continuing violation of the city's permit process.
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 o, the more lenient foodplain policy we feel it is particularly
important 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,
or indeed the city as a whole, have been protected. The lack of positive and
swift action by the Council has set a 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 NPO#5
cc: Tigard Planning Commission
ti
1/11/4
A74. f .st "
PROPOSED REVISED CONDITIONS
Bike and Pedestrian Path
A bike and pedestrian path is provided in the Comprehensive
Plan of the City, specifically the Bike Plan and the Natural
Features and Open Space Elements thereof , to serve this property
and others in the vicinity so as to serve employers and their
employees and provide for transportation alterantives to the
automobile. As such, 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
of the subject property, as provided in the
aforesaid elements. The specific location of the
bikeway shall be decided by the Planning Director
under TMC 18 . 84 . 050 (a) ; or
B. Submit to the Public Works Director an estimate
for 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 period of 10 years, for such costs,
and waive remonstrance to the formation of a
local improvement district to undertake such an
improvement .
If a local improvement district be formed to construct such
an improvement, the applicant shall be credited the appropriate
amount for its contribution to those improvements.
i
Flood Plain Dedication
Lands within flood plains are generally unbuildable under
the Tigard Comprehensive Plan and Development Ordinance. Such
lands, in addition to their aesthetic 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 sucl- 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. The applicant shall 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.
B. If 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
hearing, the City Council may impose reasonable condi-
tions on public accessibility to protect the applicant
in its industrial use of its land, and the public.
_
Befo-e this permit becomes effective, the applicant
shall consent to the conditions imposed hereunder
by TMC 18 . 84 . 110 (c) and (d) .
In addition the following conditions shall also be met:
I. The applicant and City Engineer shall determine a
final grading 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 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 stream bank protection shall be
as required by the City Engineer.
I
. •
i
.4'1 I.---: -1ii ...."..
II j 1
••••!:—_1_ „.k.,... . /11.1
o . I
II- I I I
t'.
I
1 .
\.:
1 I , • . \ ---\ j i 1 i
‘i/ .
is .;• 1 ; 1 .
( I .1-
. I ! ". i I 1 L.,,,dr •••:-- tonna .L..11-1•1•11.._.I [ 1L.,....J
„...__„... •..„• 44 1 \ 1 1 4446
-- -----r, ' •
i -- --E
1 r
l.....-- —
1- .. _.v__ I ,
, I i — •
—.....
wi .
— ---1-- -- 1
— Pi- Ill -
-. , - — --i , •• .
I - -- H iii.--1.1 ,...]•, El.. ill II all t
...../ • i• - in Ellin T_EEP'
i.
— r
an 110 WWII
7
)
-
..., ..„. ._0!•ely i ICIS' i&iit.*Wri mj
1 iltisliti AM .. I 4.:#
! * . :,.
1 ' frirl • tl • %* •=---- 1--!- - ';' 1,AO r--
14410.4o. ,...,
• 4. - Nino
1
..,. ;. , . i 1 ....._...a. —
) ,,.c..:74_______ i
1 iJ 41011111
mum
mu
fP 1. . NI
• Ilie, :;,_______, • ...'
. ;.Mil 111 fi. I .. INN •
I - ,
. t_ .
IN
.,
. - -i r --- L,-- ti .,1___
.1!iip.,44,
i .
. . A „__, . . 3
— F...—.. 4._i-- WIC:
— iii- 1-----: — -- 3 \ I ,z ,., _ _
1
_ ..„ „, 1” mmerverrn in man . .if. MIN
_.7 I.
1 . - f-E i .. 1---\\ ‘ 1
5 i .
4** .
1 ,
,..._, ,„,-•„--;..,„ _
... . ._:
. i
„ . . -- --r--1
II' .
,..,..-_-_,„/
_.,
\ _-
/ ...._______ _
\ ...
\, I
'r I/,/ (</ . ' i • - --- ._..
,, _ . 1
1 .,„..
I [ J
. _____ . .____.. _ •011.0•11....... 1101/I_ 1
, —
I
—
I . e j . 11 e ,
' /
—-
\//
II
• .... ... __ 1,
'
i I
it' _-_1 * l•
l •Sal•••••
I 11 Fli
...
.........•••••=r
1640 HEARING OF:ICER DECISION
10/83 Duncan, John & Janice
M 2-82
•L
4.
4,
7
BEFORE THE HEARINGS OFFICER
l'" FOR THE CITY OF 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 cane before the Hearings Officer
at the regularly scheduled meeting of September 29, 1983 , at the
• Durham Waste Treatment Plant, Tigard, ')regon , 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 . final
grading plan to arrive at a solution which alleviates the City Engi-
neers concerns relative to erosion and stream flow direction and
•'r
gains the same result as proposed by the applicant.
2 . A soils investigation by an approved soils engineer of the
1
area to be filled shall be made before and after the filling and exca-
vation occurs.
3. The material used for stream bank protection shall be as
k.-. I required by the City Engineer.
Page 1 - M 2-82/M 2-83
. 4 . The applicant shall dedicate that portion of the subject •
property which lies between the old floodway line to the center of
Fanno Creek and from an imaginary line extending straight along the
course of that line which represents the south side of the building
on the existing property, that line proceeding west until it inter- ,
sects the center of Fanno Creek, thence south to the edge of the
subject property along Durham Road. The dedication document shall
be recorded with Washington County after it is approved with the
City.
5. The applicant shall provide a cash deposit to construct
a bikeway eight feet wide to City standards, the length of the
dedicated property from Durham Road to the imaginary line extending
.tom the north side of the building on the subject property. The
bikepath, when built, shall be located on the east side of Fanno
Creek. -
DATED this ' day Of October, 1983 .
• HEARINGS OFFICER
,
A"ROVED: ' // /
y
BET Eh o; -
I
1
,I
Page 2 - M 2-82/M 2-83
Y
,
mwmnsimmipmw
I
ANDERSON. DITTMAN & ANDERSON
ATTORNEYS AT LAW
TIGARD PR_PU0,,F.A . AL CENTER
r"170 •t BEET
P.A.\ !4.03(.I2 b Ib Rm, GON 97223
503 - 63.5-11
FRED. A. ANDERSON
UERRYCK H. DITTMAN CI�Y pF TIG E T.
ROGER F. ANDERSON
PLANNING D
September 22, 1983
Hearing Officer
City of Tigard
P.O. Box 23397
Tigard, OR 97223
Re: Sensitive Land Permit Hearing - Duncan
It appears probable that additional time will necessarily be required
to reach any commonoutlook with respect to the above referenced matter,
which is now scheduled for hearing on Thursday, September 29, 1983.
Toe additional delay is not attributable to any particular person or
cause, and as stated to you previously, the problems involved have resulted
in a rescheduling of various appointments of persons concerned with this
matter on the side of the applicant, and by reason of the Bar Convention,
the next meeting will be on Monday, September 26, 1983.
I regret the necessity 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.
Very truly yours,
ANDERSO , DITTMAN & AOERSON
N
,/6-<.. et• e•?_- e: --41.4--erg7r(
d. A. Anderson
FAA:sr
)
cc: Edward J. Sullivan
'._
STAFF REPORT
AGENDA ITEM 2.1
CITY OF TIGARD HEARINGS OFFICER
JULY 28, 1983 -- 7:00 P.M.
DURHAM WASTE TREATMENT PLANT -- CO, SERENCE ROOM
Corner of S.W. Durham and 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 and fill
within the floodplain, for future devalopmer.t of a building and
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 with modificationc anu
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 Lhe 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. BACKGROUND
In 1979, Jadco received two permits from Washington County which were
approved with conditions.
The Jadco property was annexed to the City in 1981 . The annexation was
ratified by Council Ordinance No. 81-31.
On July 19, 1982, the City's Code Enforcement Officer informed Mr. Duncan
in a letter (copy attached) that the fill placed on his property required
a Sensitive Lands Permit.
2. BACKGROUNP (Continued)
Mr. Duncan applied for the required Sensitive Lands Permit which was
denied by the Hearini:s Officer on October 7, 1982. Mr. Duncan
appealed the Hearings fficer'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 Plan relative to development in the floodplain.
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 _genc'.a. On Friday, April 29, 1983, in a staff
meeting to revew the permit request, it was determined that
additional information would be required to process the permit.
On May 9, 1983, staff received a le.ter from John Duncan stating that
he would not authorize the engineer to do additional work, that he
feels that the application requirements have been met.
On May 11, 1983, Fred Anderson, John Duncan, John Skourtes, Frank
Currie, Bill Monahan and Liz Newton met to discuss the application.
On Jun, 3, 1983, the revised application was submitted for
consideration at the June :).3, 1983 Hearings Officer meeting.
On June 23, 1983 the Hearings Officer continued the hearing on the
application to July 28, 1983.
3. VICINITY INFORMATION
A. 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. '.11 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 dens; ty residential.
4. SITE CHARACTERISTICS
1
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 'Ihe City shall maintain an ongoing citizen involvement program
and shall assure that citizens will be provided an opportunity
to be involved in all phases of the planning process.
STAFF REPORT M 2-82 Page - 2
rimm=
0
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.
2. 1.3 The City shall ensure that information on land use planning
issues is available in an understandable form for all interested
citizens.
All interested parties are liven 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-year floodplain which would result in any rine in
elevation of the 100-year floodplain.
3.2.2 The City shall:
a. Prohibit land form alterations and development in the
floodway, except alterations may be allowed which preserve
or enhance the function and maintenance 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 alloyed which preserve
or enhance the function of i.he zero-foot rise floodway.
3.2.3 Whete land form alteration: 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 ;
h. Engineered drawings and documentation showing that there
will be no detrimental upstream or downstream changes �n
the floodplain area, and that the criteria set forth in the
Sensitive Lands section of the code have been met (See FIS
September, 1971) ;
c. The dedication of sufficient open land area for greenway
adjoining the floodplain* including portions at a suitab?e
elevation for the construction of a pedestrian/bicycle
pathway within the floodplain* in accordance with the
adopted pedestrian bicycle pathway plan.
STAFF REPORT M 2-83 Page - 3
4
The City Engineer has reviewed that applicant 's proposal and finds that
the fill and excavation will enhance the flow character_stics of Fanno
Creek in the area and will not raise the elevation Jf the 100 year
floodplain. The fill will be limited to the area outside the zero foot
rise floolway. All land remaining in the 100 year floodplain should be
dedicated to the public and the applicant should be required to construct
a bikepath the length of :he 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 floodplain, 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 demage 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 Jf the 'ity
its commissions, representative and agents, and landowners
and occupiers.
The floodplain district has for :Ls purpose the
preservation of natural water storage areas within the
floodplain district by discouraging or prohibiting
incompatible uses. (Ord. 79-73 section 1 (part) , 1979:
Ord. 79-46 Section 1 (part), 1979: Ord. 74-50A Section 1
(part) , 1974).
18.57.020 Definitions. In this chapter the following words and
phrases shall be construed to have the specific meanings
assigned to them as follows:
(6) "Floodplain" means the relatively flat area or
lowlands adjoining the channel of a river, stream,
watercourse or other body of water which has been or
may be covered by floodwater within the are of
appl.icaNility defined by the floodplain district .
(7) "Floodplain district" means those areas within the
city of Tigard inundated by the one-hundred-year
regulatory flood.
STAFF REPORT M 2-83 Page - 4
•
18.57.040 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 interfe• e 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 increase 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 (park), 1979: Ord.
74-50A Section 1 (Part), 1974).
18.57.060 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
chapter stated may be approved or denied by the Hearings
Officer following a public hearing.
All applications for special use permits shall he supported
by the following information to enable the Hearings Officer
to determine whether the proposed use is located in the
floodplain or drainageways district and if so, whether the
proposal, , f 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, dimension,
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.
(B) Any documentation, photographs, water marks, and
similar evidence offered in support of the claim that the
site or area in question lies above high water as defined
by the regulatory flood.
STAFF REPORT M 2-83 Page 5
The City Engineer is concerned that 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 end of the
excavation adjacent to Durham Road, The City Engineer feels
additional rip rap material of sufficient size and placement should
be required in these two areas. The City Engineer would prefer,
however, the fill in the floodplain, be on the west side of Fanno
Creek where it would have the effect of straightening the direction
of high water flows as they approach the bridge. He feels this would
reduce changes in direction and subsequent erosion. The applicant
has submitted sufficient information to reach a decision on the
request.
18. 57.070 Standards. (a) Application for a special use permit in
flocdplain 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
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 welfare.
(2) The applicant must obtain the permit required by the
state of Oregon under ORS Chapter 541 for removal or
fill . lg of waterways, or demonstrate that the
provisions of this statute do not apply.
The applicant 's narrative (attached) addresses standards required for
action on Sensitive Lands Permit to allow fill and excavation within
the 100 year Lloodplain 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
quality, groundwater level , flow rates, or flooding.
STAFF ANALYSIS AND CONCLUSIONS
After review of the technical data submitted by the applicant, it is the
opinion of tl►e 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's opinion that the applicant 's proposal
does not violate the intent of the Sensitive Lands Ordinance.
Staff recommends approval of M 2-83 with conditions as follows:
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 erosion and stream flow direction and gains the same
result as proposed by the applicant.
STAFF REPORT M 2-83 Page 6
I
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 stream bank protection shall be as required by
the City Engineer.
4. All lands remrining 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.
5. The applicant ;;hall 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 deposit to cover those •
costs.
Should the permit not be approved the new fill shall be removed prior
to September 1, 1983.
iti __ -- ____ .
ilfri
PRE;PAR ' BY: :lizabe A. Newton APPROVED BY: William A. Monahan
Associate Planner Director of Planning and
Development
)
STAFF REPORT M 2-83 Page 7
ANIC
( 4
MACKF,NZIE ENGINEERIN( NUORPORA FED
June 3 , 1983
ri r. /-"1 7 rr
.,
�jr•J
J; 'I 'IJ
Ms. Liz Newton
Planning Department C((Y ur I fGAHu
City of Tigard PLAN
12755 S. W. Ash Avenue N(NG DEPT
Tigard, Oregon 97223
Dear Ms. Newton:
RE: Jadco: Sensitive Lands Application
Please find attached five sets of the Sensitive
Lands Application, including narrative, calcula-
tions, and exhibit drawing. Pleasecontact this
office if additional copies, or additional in-
formation is required.
Pursuant to our previous conversations, we will
look forward to a hearing on June 23 , 1983 .
Please call if you have any questions.
Silncerely
c
David G. Larson, P. E.
Project Engineer
DGW:mm
Enclosures
cc: Mr. John Duncan
Mr. Fred Anderson
Principals:
Thomas R.Mackenzie
Eric T Saito
M.M.Breshears
0690 S.W BANCROFT STREET • PORTLAND, OREGON 97201 • PHONE 503 224-9560
MACKENZIE ENGINEERINr INCORPORATED Sheet 1 of 4
JADCO CHEMICAL LIMITED
'ENSITIVE LANDS
MEI JOB # 182367
INTRODtJCTTON
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 ha. yen placed on the
site was obtained by the applicant from the Contractor
installing a new storm water drainage pipe in Durham
Rcad, as well as other local construction projects. The
applicant w?r. 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 was previously a natural depression,
subject 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 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
others upon whom he relied.
It has been suggested that Jadco Chemical Ltd. become
a joint venturer with the upstream neighbor on both
engineering design and construction along the creek.
The upstream neighbor has no immediate desire or inten-
tion of participating in such an endeavor, thus this
application addresses only the area of the 1982 fill.
Jadco Chemical Ltd. 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 II (a) 4 of the
floodplain application herewith , a site plan has been
prepared and accompanies the application. Also, com-
plete engineering calculations have been submitted to
the Director of Public Works.
Principals:
Thomas R Mackenzie
Eric T.Saito
M M Rreshears
0690 S W BANCROFT STREET • PORTLAND. OREGON 97201 • PHONE 503 224.9560
MACKENZIE ENGINEERINq INCORPORATED
2 of 4
MEI Job #182367
JADCO CHEMICAL LTD.
APPROVAL CRITERIA
A. "The proposal will not reduce the capacity of the
floodplain area or raise either the food 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 to development in th 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 ilood surface elevation will re-
sult. 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 maintained 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
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 the compensatory excavation will enhance
the flow characteristics of Fanno Creek
(See Ordinance 83-20, Section 3 . 2 . 2 (a) 1) .
1
B. "The proposal will not adversely affect the flow
E1Trection on upstream or downstream properties" .
The proposal does not include any relocation of
the main stream channel , therefore, no redirec-
tion of flood flows will occur.
C. "Identify any foreseeable hazards to public
health,_safety and welfare, and how the
will be mitigates" .
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. In most cases a drainage way
Amml
•
•
•
•
MACKEN.ZIE ENGINEERING INCORPORATED Sheet 3 of 4
MEI Job #182367
JADCO CHEMICAL LTD.
is not considered hazardous, since in its natural
state a flood water rise will occur slowly enough
to pose no particular danger.
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 will
have an established native grass cover prior to any major
stream flows, as stream velocities above 4 ' per second
could cause minor erosion of the silty-clay soil .
ACTION PROPOSED BY THE OWNER TO ASSURE COMPLIANCE
WITH CITY REQUIREMENTS:
A. Remove fill material in the area of the en-
croachment, such that the toe of the fill is no
closer to the stream than the 0' floodway
I `' 1 (near Section A-1, see Plan) .
• B. Place additional fill material, out to the 0'
floodway with the top of the slope no further
I , north than the east/west extension of the south
wall of the warehouse building.
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 of straw prior to re-entry
to Fanno Creek.
F. Agree that at the time of definitive City
scheduling of bike path construction, dedication o
bike path easement, as well as providing ade-
quate temporary construction area will be assured
MACKENZIE ENGINEERING INCORPORATED Sheet 4 of 4
� e
MEI Job #182367
JADCO CHEMICAL LTD.
CONCLUSION
The application, as submitted, is in conformance with
the recently adcpted Comprehensive Plan revision which
provides economic development in the area with which we
are co,icerned in this case.
3 . 2.1 -- This section is satisfied, since no en-
croachment on the 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 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 narrative.
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"
low
ClF1O EOM)
WASHINGTON COUNTY,OREGON
GENERAL APPLICATION FORM CASE No.
CITY OF TIGARD, 12755 SW Ash , PO Box' 23397 RECEIPT No.
Tigard , Oregon 97223 - (503)639-4171 —
j 1. GENERAL INFORMATION • FOR STAFF USE ONLY:
FRiOF'ERTY ADDRESS . ' - 16055S. W. 74th. Associated Cases:
Tigard, Oregon 97223 ,_ -
LEGAL DESCRIPTION T25 R1W Sectidn 13(A) TL 1500 G
! Accepted
PROCESSING:
SITE SIZE 6.9 acres i Accepted for Pre-App. :
PROPERTY OWNER/DEED HOLDER* John A. Duncan, Joii.ce M. Duncan By: , /
ADDRESS 16055 S. W. 74th PHONE 684-0044 — _
Pr.e-App. :
CITY Tigard, Oregon ZIP 97223 l '
APPLICANT* Same as owner Date 6rTime:
//:?:-I Va /
ADDRESS — PHONE
_: - Accepted for Decision:
CITY __ZIP _
*Where the owner and the applicant are different people , the By:
applicant must be the purchaser of record or a leasee in Hearing Date:
possession with written authorization from the owner or an
agent of the owner with written authorization. The written Hearing Reset To:
authorization must be submitted with this application.
2. REQUIRED LETTER OF AUTHORIZATION IS ATTACHED 0 YES n NO. Decision: filed & mailed
3. ' THIS APPLICATION INVOLVES THE FOLLOWING: APP.
Comprehensive Plan Amendment
FEE FILED PAID Accepted for Appeal:
-- from to B y: _----
quasi-judicial _
legislative ' Date of Hearing:
__ Zone Change from to _ ` ^-
quasi-judicial
legislative I DESCRIPTION:
Planned Unit Development Comp. Plan Designation:
_—
concept plan detailed plan_ : - L.
_ _ Subdivision — _ — — NPO No.
Major Partition
_ Minor Partition -- Zoning D}�tr}�t --
_ — Design Review '-- -- — M `f
Conditional Use Zoning Map No. �
7 . Variance to Zoning Ordinance -- `- le '
-
(Title 18) Quarter Section No.
Variance to Subdivision Ord. 15"57)
(Title 17) --- ______17====-2,-
Sensitive
--- - --
Sensi[ivc Lana Permit
— - --'-------- STAFF NOTES:
Nic Floodplains i, ' -
li _ Drainageways
Steep Slopes
.. v
Other ` ---- -
-----"-- ---- ---------- -- i
GENERAL APPLICATION FORM PAGE 2 CASE No.
CITY OF TIGARD, 12755 SW Ash, PO Box 23397
Tigard , Oregon 97223 - (503)639-4171
SUPPLEMENTAL INFORMATION (TO BE PROVIDED BY APPLICANT) FOR STAFF USE ONLY
Notice of Response
I 4 . DISTRICTS Awn• dent Received
Yes No Yes
SCHOOL DISTRICT Tigard 23 J
WATER DISTRICT Tigard Water District
FIRE DISTRICT Tualatin Rural F.P.D. •
PARK DISTRICT Tigard
UNIFIED SEWERAGE AGENCY - Sewer Available : YES LJ NO
OTHER
5. PUBLIC UTILITIES
ELECTRICITY P.G.E.
NATURAL GAS Pacific Northwest Natural Gas.
TELEPHONE General
OTHER
6. PUBLIC TRA1SIT (TRI MET)
NEAREST BUS ROUTE AND STOP #37 & #38 at Durham &._Boons Ferry.
#43 at Hall & Durham .
• 7. , OTHER INTERESTED AGENCIES (SPECIFY)
Unified Sewerage Arlene',
. . CHARACTER OF THE AREA
EXISTING LAND USE PLAN DESICNATION ZONE VERIFIED BY STAFF
NORTH Vacant R 7
SOUTH
Durham Rd. M 4
EAST 74th Avenue R 7
Vacant R 7
41
CENERM-. APPLICATION FORK. PACE 3 CASE No.
CITY OF TIGARD, 12755 SW Ash , PO Box 23397
Tigard , Oregon 97223 - (503)639-4171
9. CHANCES IN THE CHARACTER OF THE AREA WHICH AFFECT THIS APPLICATION. Pleas" Discuss:
Recently, a gradual development of property along 72nd arra Durham Road of an industrial
nature has taken place. This project involves creation of additional building area for
future building(s) , and thus would be an extension of this gradual growth of industrially
zoned property in the City of Tigard. -
•
10. DES,RIPTION OF THE SITE
Lot Area (acres, squat feet) 6.90 acres
11. EXISTING STRUCTURES ON THE SITE
Square Distance From Property'Line
Use Feet North South East West
Light Manufacturing 780( so ' ± 20' ± _380' +
(County Zoning MA-1)
+--- -
NATURAL CONDITIONS
12. Percent Slope :
13. Vegetation Types : Average Diameter Percent Of Each
Yes No Size Of Trees Per Size
Trees: X _ 2" & Less 80 %
Brush: X 10 - 12" 2Q .% no tree removal
-- s L tl ii s time
Grass: X
14 . Floodplains: XHow much of the site is in floodplain? 43%
i; Water Courses X What type? Small intermittent
16. Rock Outcroppings _� X
17. Other :
18. Proposed Development: Please briefly describe the proposed development: Theproposed __
sensitive land application request includes landscaping and filling for future building
development. The owner seeks the city's approval of the filling that was acce plished
without permit. The owner was unaware ofthe EityTs serisitive 1 nds permit requirements.
GENERAL' APPLICATION PORN – PAGE le CASE No.
CITY OF TIGARD, 12755 SW Ash, PO Box 23397
Tigard , Oregon 97223 - (503)639-4171
r
19. The following isp, is not 0 required.* -1n (1) •' '/ ���'/'
20. Overall Site Development
� 1
Residential Commercial Industrial Open Space Other Roads Total
No. of acres + Future (?awing)
or square — Building area 300,564'
feet per use _ 7800 789,764 _
Percent of
site26% 96.(% —
._.. 1 %
coverage _.\(C _ t_
Type of Residential Use and Characteristics
p of Bedrooms/Unit
Type of Use 0 of Units JEFF. 1 1 2 3 14 Proposed Density
. 1
Where applicable , please explain how the open space , common areas and recreational
facilities will be maintained.
I
I[,
If the project is to be completed in phases , please describe each phase of the project.
* Staff w' • , wi - , ' • b ' ' • t letcd.
•
•
GENERAL APPLICATION FOR.. - PACE 5 CASE No.
CITY OF TIGARD, 12755 SW Ash , PO Box 23397
Tigard , Oregon 97223 - (503)639-4171
THE FOLLOWING PEOPLE, AS REQUESTED £Y THE APPLICANT, SHALL BE NOTIFIED OF EACH HEARING.
(e.g. Attorney, Surveyor , Engineer)
Staff Notice
Notice Report Decision of Review
Namh Dave Larson/Mackenzie Engineering
Street 0690 S. W. Bancroft Street
City p1 State L1R Zip 97201
Name
Street
City - State Zip
Name
Street
City _ State Zip
Name
Street
City State Zip
APPLICANT
• OWNER
C
/
,
By= (ACSt#4 _DATE 5'r81A3 J��p MACKENZIE ENGINEERING INCORPORATED
CHKO BY�L 5b DATE__ E1.
S1SfTwe 1.11+,2' 9
4LICA"rlp.J CONSULTING ENGINEERS
OB
N•-(GkAKha C Cf-e1 vt-*4"TI CO c
SHEET N0.? OF_
W-N.lE Oil •E\/ISEIDSECT!Q,_1; F-,'2,I T1+4-0 3.'Z."-:, GF- o :oITJA J;,E
c.4; :_c)L1;T rH E 1 Ft-oO D /A' ' 2aJrJ 2..•-! L41.1 E S A c-P p:
1H'. ,... ....,:_;.Y.-.c) 'I_ Ty' (A1 ALLOWE--:::::, AS > v( ck ,JCE
FE-C.. F{:444.-
/
c_AJ 4E, IN1 7/Ni DF L -S.-E3 , e:.,1 J THE Cvlco'.: v(loc... wcrr
2 ASLF T U�-$J E-,•('A' re 7}1E CSI FtIX>C .G4Y 1300.-1>1.1e1.--•{ IQ 71+-r1E
Fc'r'Z L ..TA 'J 3 r1'.TTACL.). .A t CCD - -- FS2-4-1J 4-12-1
C-1r.ICk7 .TMEC.ar-+s vAPS S.t w "TIBC II FLo�toc:'A`r cki 2-1 L4NE
( JC( b iT W1-1"H. TNS 100 "-(iZ. ooqPLAlrJ 1.10E O►-i TSF •/4EY..i
K , -71-1Z.-- 01 I✓LDor,Jy 4A`' V J I LL A . 0 17, & A'-r '-r + -r Lo cia,m d 4
RE-QID: h<,DvE- A Ve.ialIC -t_ L1145 (FLooDwA-q (3000('j '-i L.31.J�� 1
N c*-t zaJ TA uY , or-.1 A TC-1A1._ {- EC -e 2- 9/..r.:•:c , kin L..- Soci-, M cN Er-t F3 TT
-..) u...1 AO l I►J C4LE2 1 N I oo `(2 F{-croD Float:::Le E -zAAT I o r.4. 1 E.
7 Cc-14 rJ ICs-t,,, AC T;X1,1 t "f14AT OF- ci EC-rt 1 r16 S relAt LC- - R...o k4 A-{-E-A A
r‹-'C v CE-ej: I-1-(D .-j L I G (24-21 V c. , AND -r14-.)S A HO f4 Ef=1- 1 C I V..-/T-
CHAr.1rJE--.` czZc"IOr.I ,
•
2.. D' F t :cC;N ,'A`( DeT -ti 1 N ATr a J n=0.06 A :I,34. 5F '-"I\I L
5-r -r I o►J ; Eipt# I A Jv � H`` i P ,' S� 1 ox 1 h f 14GL_ 14 -
i i I
Q",�, f1'le L1 ► 1 129, el �
I \
F+at ccwrs l
• 1 (-a P.'"r-ri. K,,rroVT;
A 1 I 1 12$1447 1133 3 $2 ' ,3 I 'I2 113,'�i,y 06,917 130 0,25 129.44- Ito Low
�4I.y4+ 12,-, i 2 I21 Li7 riA, 3. . l3 11�1.to I� ZG4 00115 13o I o?.s II-4.44 ..
' ------ 1 3 17-°.t}7 I LI° 44-I . 37 (7-Q.b-{ Ilii.�.D0 Z.11 130 D,-1-7 121,46 ()lc ,'
Lz.. I i :44.2, 144 7 1.+7 .2S 12/i-8 '7..i,„<", .0,-,r381. Ion- ; 0171-1-72.1.60 Tpo L(t.'
ifri 1.44+es 2 13c,7 3.�2 '2'1 12-9.14 e . ,oc1s2� los ; OA, 129.b2 o K.
C 1 1295' I32'7- *3,SS o3I 130.II ns <.00ISB IIS ! 0.22~ I24.P4 Tho +iwC�! ,sF�.fr�. 1.��3�, 2 II I�{rb SCI ,t6 '13o.e: z,f�� ool7t4 115 I O.?n .._-
lztf"' 17.q.B2 bIGP I Q( 1431 ' 3.544 o,11 130.7-1,'7'17_,- --
- ,141 .00152 (2o Icit. I 110 . Do L'IL,
k l 1.,2-4 i 410 I j
I 13,:., 11 Ing' ' ' � 7;:� ---.----�- -- ___�--
I , .,oma 0,11 1% "--4�1t" yl .00096 Ito ; O.I:�- i I3ptf Tom. H16,4
(,�1 1.4`415590 S ; 130 '; I g6 7 VI")3 0•I6 I WI-6 '- 3 /
jII.Sj,polo I7o 0.12. 13 b.17._ �I M
3 t (- 11 I°U7 1 Z 62 0.14 110'- 311�,iy .acro'] 120 i 0. 11 j 120. II Ok
I
1
BVf CR LA12 J DATE;•NE-81 JA.%=-o MACKENZIE ENGINEERING INCORPORATED
CHKD.BY _DATE ...1=3-G;-rI.IE -A Ki C i f}FPJ CA71 CO CONSULTING ENGINEERS
JOB# I A b; 4.-1 bkA-0 u c 6 t.•41 O+/=
�. �L�-U < < SHEET NO. I _.OF 3
. Z= C -TA
• CP c:IJ�'N E 5'-.7.) i a7:-' --1F-. r---.-L-- ----i '' C L.X.)-‘,11-% Ri.)- 5D1:`" c;—s
FLoop EIrN ` 12.,-1 1.44: 129, 11
( )$ . ' yS 1`1 1"1 S t,A-forl)
• FAL/KID cffc( h
/
vPIt-UE 0,,(D - 6MANNIN�-{a 0-00C-4-4/C7f1
coEFF,cr -rT J
PCO,T1 RTC) : rj..I r,') _/--rr= sr-tiE I o> ' "(Z FLOOD PCI L - Fay
;r
Com'QAct G.R.0,,i$T / ?"�.t de To Fiut__ F LAKE'•N.. .S 1 .
• SEE MANN( EN7ITLeD .1WCo C* ICA-t,. L701 5‘74-7:;71•1E.
LANDS EK-'-1-1E7 , t 182-367 , Fo-r. crezr..s W TIom4c A,f3 I t c. CCC- IoNS
S, E NAS X-0 At)D,D TO -ra .-tE THE- 0' r- .o Jt .'P:-',
P-4-).,-),1- 6(1.,-‘1' A -P-o,r TC "1-0-T Srt' c (A-1-rAvtE►j)
n- vi
S.. FRS CXISTI ,JG c.orJDITic,..1 . loo-(R FLDOC ppis pi E v1= ID.06 0-i.3 6. sF=`..Og�44
Vrt`Ma►.1 "MAO* ' E. A i `i1 -1--- -- L P < c pg h{ NGL H
Q -- �- - ----•— ---- --2 J - - —
PIe.-�y;lc,1.411 129, 9
. A 1 1 129,So I cll0 3.61 0,7_5 izq.75,T .c0747 1oI a is 129,47 — ---
i2./Q,1.`4f/30 2 1119.47
IL403 6";:,
01.6 1211 „..2"5-5---;;.--1::'
�.;, .cxnilz 11)o' 0.29 129.y-a oto ,.
E, I IVA I6?7 3.o4• 0,ici f9,sH �i,,,�.001st los' alb IZq,6+ OIL
t1. I44--v) j 1 _ _ . _
C ! I 112.1,80 141io 3, otic r3D'0S 77'12 B OD1516 IIS' 0.1-1 ' 179.91 OIL r
R.H. 1,4d4-3
p 1 1 I 1,1 90 115+ s- 3.zS tt- 13c.11 !1-1-- ,:<1. .00167 Ito 0.1-c
(30.00
rt-1 14444-10 2. 17995 1511 y.17.- . 1%. I$o,I ? ;” ,0o1bt II-00,19 i 1-L�.9q
129.91 15F1 3.1.0 .t,- 110,2 -.�Io 5,•0IS9 Ito 0,11 130.00 0 .. ✓
``/
C_ t I'��,1 z 99 1.51 ; 0.II 130.31 =°5 . 0•3067 Ito o IP I o.I0
I � I �5"
1-M 1.4,44590 f I3o•Io Zi51 g6 , 0. 1t•- I�o,71cb09,1 Ito 0, II 11)0. I I OIG
I 9.43
1
i
I
0 P
\. ,
) 11G1Nf E~ `,.,f
r lG`i✓hrr T
4 J
'/.20:1:0.
�CFpFGE.�F
I
_____
I
(
BY'SG 1- Gra.- DATE -I8t3 '-CC):-O MACKENZIE ENGINEERING INCORPORATED
CHKD BY DATE '`.-)S17 t`'E 1.Lit147.::, f-PPuC1.'Tkv,J
CONSULTING ENGINEERS
JOB# t SQ-1-"'-1 _ }J'1rj .-ro t.{L net tC,Jus". D►JS SHEET NO __:3) OF_ 3
S. F-l-C>' L.A+N .Ta=AUE pRE..n.a<VAMW
AE.- '-';:. :c) t,Y T)-{F -+r:7 t VE LANPS or-pi NJAct-1 c.-E- , THE S 0C.I. ,F,-
'401-' E OF THE IoC1) \(& _ F:.D0DP:.A-1 r.! ►-wvc V.E HAIr-J-rR1tJ V. As
><.PAING� t?•,( -1-K PoiaL.(c •/../012z S DE'T., .4‘114+ WITH+N T1 OI Ft.t -
vAq -iA, E+c ua�/A- 1t c::0-1 Fi.4 FATE Fa{L. P,000i) s t t*AG+E Los-T
oc T S 1 D` 'TSI rE F1.-''ot► .&JA`(. S vci-; F K C-AW it c rJ S f--f4^( tihT ouv(t It...)
003e9- TD t.)442-00") T'i OI F�.wtx•1A-{.
F�<- `THE FILL. /CKCAJATIC 4 LIMITS 5"kCniJ14 ON THE pfpLICA ro4
WaIT , -T' E FOLLOW]#.1 G IS At.) " As,€r.AGE E'Jp Ai- „ C LCVLAI1ON
Cr: F1Li. 1- FxLANA TlvtJ
FLL
7 ita r ARBA A VCC , bt ST Vot_ c././. (cD
STATow A-"10 ..a 9� , 'tor 2
5-c:.
A Ic,: SF
B '286 SF
23Q,5 IDSI 13I
6� 1"16.5 1154 '15 2
c 4 'I -33:s"- 25' 3 I
Is-
"T '7k - FI L.L I S 4 c u.YD.
t I F Pt.r.+rJ
,Cr._.••-1.VAM 0/J
riJ Af. c. Arv[,. :1ST, Vol., Cv `fr.)
STA'TtorJ A--IDI -Q- !AA Fps 33,$ -�o
B 28"s S 1 15.5 Ior ' 652
2
C ?FIs 6 .'. 115' 1125"
C+ Sot 11..,z S So 227
-77At cr7 2122 cu N.1 D.
1N 1r-,,,iu►I0
Lis sitsoli v E-Lcx_17--( �/
-4.7.7 ofd M(.e�1FAcN1(OPI Ar-fEfi I..b 'r-cA"ToW /% I,JCRW'14,tE-
SEC77Dr.) A ?,6 ? FPS Li.LI r--PS Mo
' 3.o - FSS 3:72 FPS 22_°
C. 3.42 PP: 1).61 FSS .4,
•
131. 4. -19° 2 F,l.l. I.IM!T5
I"J.. . ribitibin (
7f•t� F;pJDW6Y
itI
I
I e) , • ..... . • . . _. + ---
\ ua ,
j� �- GyRl<silvtl.. ,�c% :7_ — L
, I3r I
•
\� I l . j •-a. - !Z° tIPcar
o/ .
1 r/ s
120 ., .... _ .
l-___ l I
j G 4C7 �(> 11.0 !Lae •((G' '140 'LEU 1)20 (✓U
1a9 GP ,0 "7n.�y1-I or-1
,
r
IIINIMMINIIMMMIIIIIIIIM11111111111111111111.1110
. "---- _
• lb*.:. F.._ L:N1,'_: ____
',.
- -P _JAY 4. 1.1.11111Milageall - .
_________ ____
-: _.A7.),..4.6.7(
)-, • 1 •
0 I,- ....4
• t- I %-. 11 -- - - II.[ i---/ FC- P;-::::-.--) I /
I tl 1;!
i l' I i- ,
/ , F.....7a7 F....I.,.
• -• • s - •
43, to
/ _J kil
< 4. •
lll 11.1 <
) ---t .•
- 1 . . . - -- -.1- - - 0
tit i/
-3 —1
, .......), . 1_ 4.
. .. I --: - - C. •It .<!" r',..\° ..
. -002
. >
.)
N VI 11 4: II i
,v 4a go 120 I 4.0 100 240
,-----
- 1
4:--1) - .:,-7 Pri T4A-1 Ve. ;1 .,..,.. ,, ,..,,. ,..,.
%
I1,, 4, _.. . -.0" _ _. _. . _. __ -----.
O F„Op;7l.LsY 4 I.: -__,
' I ��• III . Jif _
v' .dC'- DATE
'\ IX `ett. I?t,..%);:. ?_ 'rJ i .— I DRAWN
, .S I CHECKS
. .
S 1 . C.%L—
,
0 $ I REVISIC
\ , inc--CCI IIJ4L
ri
N♦!♦•/.NO'.
� °".4
' \� I r- ' of JP (Cd ;1 .LH-Jho
� .Ise OP oPI PE I I } ■ ;
11.0N O. M1
SHE ET
o 4-0 bo IW I 2A7 240 2go pro '2,A.:,0
t.
' 02?A71 o� 3+ 50 .�._ I" .io' -o" hvl~IZ. I"•4'-J1 �/E�ZT ---
J08 NC
IT- - MI. ',A,
to
I
v' AY ! /
�
r'22. \ r
itoi_co,i, '
�,1 i �
1 : I /
2b \\ • ,. ---1 - 1-. -.--- -- ----
_ _..-- -- LL1
6 �-
\ 6 1 2 ' 1
iv \ ' F -- 1. ------ .—_ _._.—._. , _ .
\ / I 1 I
I
.---1
I I l0 I• •
'1 Bo 120 1600 2 a so /ex? �� y.,
I lei-qo'•d ticclt..
II,- 1i-0" vE1zr.
s:,,'
1
MEMORANDUM•
JtM'tJi / 6, r 45 5
TO: Liz Newton, Associate Planner
FROM: Frank A. Currie, Director of Public Works
SUBJECT: JADCO CHEMICAL SENSITIVE LANDS APPLICATIQN' 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 addressed the criteria relative to capacity,
flood surface elevation, 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 flo•xd surface elevations.
I do have some cwncerns, however, that the proposed excavation as shown
on the plan view will have an adverse effect immediately downstream as the
channel 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 Dur.hah Road.
Additional rip-rap material of sufficient size and placement should be
required in these two areas. I would prefer the excavation, to balance
the fill in the floodplain, be on the west side of Fanno 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 hearngs officer allow staff the latitude to deter-
mine a final grading plan with the applicant to arrive at a solution that
satisfies the approval criteria to gain the same result as proposed by the
applicant . (See paragraph D under "Action Proper e- the Owner . . ."
page 3. )
1
TO: TIGARD CITY COUNCIL
FROM: NPON5
' 1( 4l
,
V'�
`
DATE: June 16, 1983 a ;
RE: JADCO SENSITIVE LANDS PERMIT CM/ OF TIGARD
PLANNING Dr_?T,
Dear Mayor and Members of the Council:
During the past year the committee mem5ers of NPO#5 have been monitoring
the Council 's actions regarding the Jadco 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 u ;rficulty in dealing
with this issue considering the state of flux in the comprehensive plan, it is
none the less alarming to us that such a condition has been allowed to continue
for a period of nearly a year. This is particularly disconcerting when Mr.
Duncan's illegal fill on a sensitive lands area may have had and continue to
have an adverse impact upon the surrounding environment.
11111. It is also of concern to us that the current citation system apparently
does not provide a sufficient deterrent to prevent developers such as Mr. Duncan
from violating the city's permit requirements. This has been certainly punct-
uated by Mr. Duncan' s continuing violation of the city's permit process.
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 o, the more lenient foodplain policy we feel it is particularly
important 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,
or indeed the city as a whole, have been protected. The lack of positive and
swift action by the Council has set a 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 NPO#5
cc: Tigard Planning Commission
ti
1/11/4
A74. f .st "
PROPOSED REVISED CONDITIONS
Bike and Pedestrian Path
A bike and pedestrian path is provided in the Comprehensive
Plan of the City, specifically the Bike Plan and the Natural
Features and Open Space Elements thereof , to serve this property
and others in the vicinity so as to serve employers and their
employees and provide for transportation alterantives to the
automobile. As such, 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
of the subject property, as provided in the
aforesaid elements. The specific location of the
bikeway shall be decided by the Planning Director
under TMC 18 . 84 . 050 (a) ; or
B. Submit to the Public Works Director an estimate
for 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 period of 10 years, for such costs,
and waive remonstrance to the formation of a
local improvement district to undertake such an
improvement .
If a local improvement district be formed to construct such
an improvement, the applicant shall be credited the appropriate
amount for its contribution to those improvements.
i
Flood Plain Dedication
Lands within flood plains are generally unbuildable under
the Tigard Comprehensive Plan and Development Ordinance. Such
lands, in addition to their aesthetic 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 sucl- 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. The applicant shall 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.
B. If 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
hearing, the City Council may impose reasonable condi-
tions on public accessibility to protect the applicant
in its industrial use of its land, and the public.
_
Befo-e this permit becomes effective, the applicant
shall consent to the conditions imposed hereunder
by TMC 18 . 84 . 110 (c) and (d) .
In addition the following conditions shall also be met:
I. The applicant and City Engineer shall determine a
final grading 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 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 stream bank protection shall be
as required by the City Engineer.
I
. •
i
.4'1 I.---: -1ii ...."..
II j 1
••••!:—_1_ „.k.,... . /11.1
o . I
II- I I I
t'.
I
1 .
\.:
1 I , • . \ ---\ j i 1 i
‘i/ .
is .;• 1 ; 1 .
( I .1-
. I ! ". i I 1 L.,,,dr •••:-- tonna .L..11-1•1•11.._.I [ 1L.,....J
„...__„... •..„• 44 1 \ 1 1 4446
-- -----r, ' •
i -- --E
1 r
l.....-- —
1- .. _.v__ I ,
, I i — •
—.....
wi .
— ---1-- -- 1
— Pi- Ill -
-. , - — --i , •• .
I - -- H iii.--1.1 ,...]•, El.. ill II all t
...../ • i• - in Ellin T_EEP'
i.
— r
an 110 WWII
7
)
-
..., ..„. ._0!•ely i ICIS' i&iit.*Wri mj
1 iltisliti AM .. I 4.:#
! * . :,.
1 ' frirl • tl • %* •=---- 1--!- - ';' 1,AO r--
14410.4o. ,...,
• 4. - Nino
1
..,. ;. , . i 1 ....._...a. —
) ,,.c..:74_______ i
1 iJ 41011111
mum
mu
fP 1. . NI
• Ilie, :;,_______, • ...'
. ;.Mil 111 fi. I .. INN •
I - ,
. t_ .
IN
.,
. - -i r --- L,-- ti .,1___
.1!iip.,44,
i .
. . A „__, . . 3
— F...—.. 4._i-- WIC:
— iii- 1-----: — -- 3 \ I ,z ,., _ _
1
_ ..„ „, 1” mmerverrn in man . .if. MIN
_.7 I.
1 . - f-E i .. 1---\\ ‘ 1
5 i .
4** .
1 ,
,..._, ,„,-•„--;..,„ _
... . ._:
. i
„ . . -- --r--1
II' .
,..,..-_-_,„/
_.,
\ _-
/ ...._______ _
\ ...
\, I
'r I/,/ (</ . ' i • - --- ._..
,, _ . 1
1 .,„..
I [ J
. _____ . .____.. _ •011.0•11....... 1101/I_ 1
, —
I
—
I . e j . 11 e ,
' /
—-
\//
II
• .... ... __ 1,
'
i I
it' _-_1 * l•
l •Sal•••••
I 11 Fli
...
.........•••••=r