KEIZER COMMUNITY DEVELOPMENT DEPARTMENT NOTICE OF DECISION Floodplain Development Permit Case No. 2018-08 I. REQUEST The following report reviews a land use application for a Floodplain Development Permit for the placement of a bridge across Claggett Creek on property within the 100-year special flood hazard area and within a floodway (Exhibit 1). The proposed bridge will replace an existing bridge and has received Nationwide Permit (NWP) approval from the U.S. Army Corps of Engineers (USACE), as well as a 401 Water Quality Certification approval from the Oregon Department of Environment Quality (DEQ).
II. BACKGROUND A.
APPLICANT: City of Keizer (Bill Lawyer, Public Works Director)
B.
AGENT: Bill Peterson, City Engineer (AKS Engineering)
C.
OWNER: Public Right of Way
D.
PROPERTY LOCATION: This request involves area in the public right of way located in approximately the 1400 block of Dearborn Av NE. (Exhibit 2)
E.
EXISTING DEVELOPMENT AND PUBLIC FACILITIES: There is an existing bridge located in the same general vicinity which will be removed.
F.
ZONING: The subject property is public right of way and bears no zoning designation.
G.
ADJACENT ZONING AND LAND USES: Surrounding properties to the north are zoned RS (Residential Single Family) and Public (P) and contain an undeveloped area and a community park. Properties to south are zoned RS (Residential Single Family) and contain single family dwellings.
H.
PROPOSAL: The applicant is requesting a Floodplain Development Permit to construct a bridge, replacing the existing bridge built in 1964. The bridge crosses Claggett Creek and construction activity is located within the 100-year special flood hazard area and bounds the identified floodway.
I.
OTHER APPROVALS: The applicant has received Nationwide Permit approval from the Army Corps of Engineers and 401 Water Quality Certification Approval from the Oregon Department of Environment Quality.
Floodplain Development Permit 2018-08
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III. COMMENTS AGENCY COMMENTS: No comments were received regarding this proposal. However, a copy of the Nationwide Permit (NWP) issued by the Army Corps of Engineers and a copy of the 401 Water Quality Certification approval issued by the Department of Environment Quality was provided with this application.
IV. FINDINGS AND CONCLUSIONS
Section 2.122. Flood Plain Overlay Zone FINDINGS: The proposed project is located within portions of the special flood hazard area. The applicant has received approval from the USACE and DEQ to replace an existing bridge, crossing Claggett Creek in the 1400 block of Dearborn Av NE. These approvals and associated conditions will assure the project is constructed in compliance with provisions relating to in-water work and any possible impacts related to the Endangered Species Act (ESA). The Nationwide Permit (NWP) approval process includes a programmatic biological opinion for ESA compliance, and the permit conditions specify what measures are to be taken during the construction of the bridge facility. It should be noted that the proposed bridge will be higher and wider than the existing bridge which will avoid any negative impact to the floodway and floodplain areas. Since the proposed bridge structures will be located within the floodplain, it is subject to the requirement of Section 2.122 of Keizer Development Code and requires floodplain development permit approval. Development within the floodplain requires adherence to the standards outlined in Section 2.122.06. Flood Protection Standards. The criteria and findings to Section 2.122.06 of the Keizer Development Code as they apply to this proposal are listed below:
2.122.06. Flood Protection Standards FINDINGS: The majority of the criteria/standards found in section 2.122.06 relate to the establishment of new buildings. Due to the nature of this proposal, staff finds there are several sections that are clearly not applicable to this proposal. Those sections that are found to be clearly not applicable to this proposal include: Section 2.122.06.A.Residential Construction; Section 2.122.06.B.Manufactured Homes; Section 2.122.06.D.Accessory Structures; Section 2.122.06.FAnchoring; Section 2.122.06.H.Utilities; Section 2.122.06.I.General Development Requirements; Section 2.122.06.J.Storage of Materials and Equipment; Section 2.122.06.K.Alteration of Watercourses; Section 2.122.06.M.Before Regulatory Floodway; Section 2.122.06.N.Critical Facility; Section 2.122.06.O.Willamette River Riverwall; Section 2.122.06.P.Below-grade crawl spaces The following applicable criteria found in Section 2.122.06. Flood Protection Standards which apply to this request are as follows: Floodplain Development Permit 2018-08
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Section 2.122.06.C. Non-Residential Development. New construction and substantial improvement of any commercial, industrial, or other non-residential structures shall either have the lowest floor, including basement, elevated to at least 1 foot above the level of the base flood elevation or, together with attendant utility and sanitary facilities, shall: 1. Be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water. 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effect of buoyancy. 3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. The certificate shall include the specific elevation, in relation to mean sea level, to which such structures are flood-proofed and provided to the City as set forth in Section 2.122.03.C 4. Non-residential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor as described in 2.122.06.C. 5. Applicants flood-proofing non-residential buildings shall be notified that flood insurance premiums will be based on rates that are 1 foot below the flood-proofed level (e.g. a building constructed to the base flood level will be rated as 1 foot below that level). FINDINGS: The applicant’s proposal demonstrates compliance with these standards. The applicant submitted a written statement addressing these criteria which demonstrates how these standards are met. The replacement of the bridge and associated pavement widening is necessary to meet City Collector Street standards. The new bridge structure will consist of new, water tight wing walls and associated soil and aggregate backfill. The proposed construction conforms to geotechnical requirements as outlined in the report provided by Foundation Engineering, Inc. which was included in the application materials. An Elevation Certificate was provided by Bill Peterson, P.E. of AKS Engineering identifying the elevation of the bridge as well as the elevations of the proposed fill and bridge structure. The new bridge will be elevated higher than the existing bridge and the span will be wider than the existing bridge which will avoid negative impacts to the floodplain area. The bridge is designed and engineered to be flood-proofed and does not require flood insurance, so Section 2.122.06.C.4 and Section 2.122.06.C.5 do not apply. Therefore, staff finds this proposal complies with this criterion.
Section 2.122.06.E.
Fill and Grading.
1.
Any fill or grading proposed must be shown to have a beneficial purpose and the amount thereof shall not be greater than is necessary to achieve that purpose as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions for the proposed fill or other materials.
2.
Such fill or grading shall be protected against erosion by rip-rap, vegetation cover, or bulk heading.
3.
Fill or grading is prohibited within the floodway and areas within a floodplain where a floodway has not been technically determined unless the provisions in Section 2.122.06L are met.
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FINDINGS: The applicant’s proposal includes the placement of fill, which is strictly regulated by the Army Corps Nationwide Permit and DEQ 401 Water Quality Certification Approval. These approvals demonstrate how the development can proceed without restricting storm water surface flow that enters the subject property upstream from the proposed development. It should be noted that all requirements of these approvals must be adhered to and will be made conditions of this flood plain development permit by reference. The bridge and associated facilities have been designed to minimize the amount of sight disturbance and quantity of fill necessary to construct the proposed transportation facility. Due to the age of the inadequate bridge structure and roadway classification of Dearborn Avenue, staff finds the proposed fill and grading will have a beneficial purpose and is the minimum amount necessary to achieve the purpose of constructing the proposed bridge. Fill and grading will be protected from erosion as outlined in the Nationwide Permit approval. The fill and work proposed adjacent to the floodway will be addressed later in this report. As a condition of approval, the work to be performed must substantially conform to what has been submitted for review. Additionally, an erosion control plan must be submitted to the City of Keizer and all requirements of the Storm water Discharge Ordinance must be adhered to during construction activities, in addition to those required by the USACE and DEQ. Therefore, staff finds with these conditions of approval, that this proposal satisfies this criterion.
Section 2.122.06.G.
Construction Materials and Methods
1.
All new construction and substantial improvements below base flood elevation shall be constructed with materials and utility equipment resistant to flood damage, and the design and methods of construction are in accord with accepted standards of practice based on an engineer's or architect's review of the plans and specifications.
2.
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damages.
3.
Electrical, heating, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located to prevent water from entering or accumulating within the components during conditions of flooding.
FINDINGS: This proposal satisfies this criterion. Construction materials being used are fill materials, aggregate, and the concrete bridge materials and asphalt necessary to build the bridge and associated roadway area within the floodplain. The design of the proposed bridge has been approved by the appropriate regulating agencies and is designed to City standards. In addition, erosion control measures are required for this project. The bridge structure will be elevated higher than the existing structure and it will be wider than the existing structure, which will avoid any negative impact to the floodway and floodplain area, and will actually serve to increase the capacity of floodwater conveyance. A hydraulic and scour study was completed as a part of the design and permitting process for the bridge by WSP/Parsons Brinkerhoff. As a condition of floodplain development permit approval, the construction activity must substantially conform to what has been submitted for review and approval. In addition, all applicable permit requirements outlined in the Nationwide Permit issued by the USACE and 401 Water Quality Certification Approval issued by DEQ must be adhered to. With these conditions, staff finds this request complies with this criterion. Floodplain Development Permit 2018-08
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V. DECISION Staff finds the proposed request for a Floodplain Development Permit meets the criteria in Section 2.122.06 of the Keizer Development Code. Notice is hereby given that the Zoning Administrator for the City of Keizer has APPROVED WITH CONDITIONS the proposed Floodplain Development Permit subject to certain requirements noted below. VI. APPEALS Any interested person, including the applicant, who disagrees with this decision, may request that the application be considered by the Keizer Hearings Officer at a public hearing. The appeal is subject to the appellant paying a $250.00 fee. This fee may be refunded if the appeal is upheld. Appeal requests must be submitted in writing on a form provided by the City of Keizer and must be received in the Keizer Community Development Department, 930 Chemawa Road NE, Keizer by 5:00 p.m. on March 26, 2018. Unless this decision is appealed, this decision becomes final on March 27, 2018.
VII. CONDITIONS AND REQUIREMENTS CONDITIONS: The following conditions must be met before any construction activity begins and must be continually met as a condition of the particular land use: 1.
The construction activity must substantially conform to what has been submitted for review.
2.
All applicable conditions and requirements of the U.S. Army Corps of Engineers Nationwide Permit 14 (NWP 2017-87) must be adhered to (as required) for this floodplain development permit to be valid.
3.
All applicable conditions and requirements of Nationwide 401 Water Quality Certification Approval issued by the Oregon Department of Environmental Quality must be adhered to (as required) for this floodplain development permit to be valid.
4.
All applicable requirements outlined in Section 2.122.06. Flood Protection Standards of the Keizer Development Code must be adhered to at all times.
OTHER PERMITS AND RESTRICTIONS: This approval does not remove or affect any covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits from other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for obtaining other permits or satisfying any restrictions or conditions thereon. If you have any question about this application or the decision please call (503) 856-3441 or visit the Community Development Department at the above address. REPORT PREPARED BY: Shane Witham, Senior Planner
APPROVED BY: Floodplain Development Permit 2018-08
Date: March 15, 2018 Page
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EXHIBIT 1
^
07 3W 02AD KEIZER
MARION COUNTY, OREGON
SE1/4 NE1/4 SEC2 T7S R3W W.M.
SCALE 1" = 100'
Railroad Right-of-Way
Road Right-of-Way
Taxlot Boundary
Taxcode Line
Railroad Centerline
Easement
Historical Boundary
LEGEND
Private Road ROW
Map Boundary
LINE TYPES
Subdivision/Plat Bndry
Waterline - Non Bndry
21 22
< 1/4 Section Cor. Ò 16 15 < Section Corner Ò
Waterline - Taxlot Bndry
CORNER TYPES
DLC Corner
Ð 1/16TH Section Cor.
!
R
Tax Code Number
NUMBERS AVE NUE
All acres listed are Net Acres, excluding any portions of the taxlot within public ROWs
000 00 00 0
0.25 AC
Acreage
NOTES
CANCELLED NUMBERS NE
200.00 175.00
labeled dimension extends into the public ROW
Tick Marks: A tick mark in the road indicates that the
AVENUE
800 1000 3300 4400 4600 4800 5502 6500 6600
DISCLAIMER: THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY
FOR ADDITIONAL MAPS VISIT OUR WEBSITE AT www.co.marion.or.us
PLOT DATE: 2/14/2018
KEIZER 07 3W 02AD
8
N03 20W 106.61
91.37
EXHIBIT 2