Hearings Officer Packet - 08/22/1985 - Krueger •
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1640 HEARING OFFICER DECISION
71/85 KLueger, Russ
SL 8-85
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BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
1 IN 7- 7 MATTER OF THE APPLICATION )
FOR .^ SENSITIVE LANDS PERMIT TO ) No.
GRADE A DRAINAGEWAY AND INSTALL )
A STORM DRAINAGE LINE ON PROPERTY ) SL 8-85
ZONED R-12 (Residential, 12 units./)
acre) ; Russ Krueger, applicant. )
The above-entitled matter came before the Hearings
Officer at the regularly scheduled meeting of August 22 , 1985,
at the Durham Waste Treatment Plan, in Tigard, Oregon; and
The applicant requests a sensitive lands permit to
grade a drainageway and to install a storm drainage line on
property zoned R-12 (Residential , 12 units/acre) , and located
on the east side of 135th Avenue and north of Morning Hill
subdivision, property more specifically described as Tax
Lot 500 , Map 1S1-33DC, City of Tigard, County of Washington,
State of Oregon; and
The Hearings Officer conducted a public hearing on
August 22, 1985, at whic‘i time testimony, evidence and the
Manning Department Staff Report were received; and
The Hearings Officer adopted the findings of fact
and conclusions contained in the Staff Report, a copy of
which is attached hereto, marked "Exhibit A" aNd incorporated
by reference herein;
NOW THEREFORE IT IS HEREBY ORDERED that SL 8-85 be
and hereby is approved subject to the following conditions:
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Page 1 - SL 8-85
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1. Ditch or closed conduit construction shall not
commence until after the Engineering Division has issued approved
improvement plans. The Division will require posting of a 100%
performance bond, a 4% permit fee, and the execution of a
Compliance Agreement.
2. Three (3) sets of plan-profile public improveme:n.
construction plans and one (1) itemized construction cost extimate,
stamped by a Registered Professional Civil Engineer, detailing
the proposed improvements shall be submitted to the Engineering
Section for approval.
3. Any necessary storm drainageway easements shall be
executed by the applicant on forms provided by the City.
4 . No work within Phase I of Ari Green shall cause a
restriction of the stormwater carrying capacity of the drainageway.
No work within Phare II of Ari Green shall proceed without having
first been approvcId by the City and bonded by the applicant.
5. This approval is valid if exercised within one year
of the final decision date ted below.
s SATED this day of August, 1985.
HEARING
A' ROVED:
L 44100%77 -
BETH '.MASON
Page 2 - SL 8-85
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STAFF REPORT AGENDA ITEM 2. 1
THURSDAY, AUGUST 2.8, 1985 -- 7:00 P.M.
DURHAM WASTE. TREATMENT PI._AN1
• Corner of SW Hall and Durham
Tigard, Oregon 97223
A. FACTS
1 . General Information
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CASE: Sensitive Lands Permit SL 8-85
REQUEST: To grade a drainageway and to install a storm drainage line.
COMPREHENSIVE °LAN DESIGNATION: Medium Density Residential
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ZONING DESIGNATION: R-12 (Residential, 12 units/acre)
APPLICANT: Russ Krueger OWNER: same
3515 SW Barbur Blvd. , #Y--1
• Portland, OR 97201
LOCATION: East of 135th Ave. and north of Morning Hill subdivision
(WCTM 1S1 33DC T.L. 500)
2 . Background
On August 1, 1984, the Planning Commission granted approval of a 150
unit apartment complex (SDR 9-84) on the subject property . This project
failed to materialize and on July 9, 1985, the Commission approved a
preliminary plat for an 86-lot subdivision (Ari Green, S 9-85) , One of
the conditions of approval required that a Sensitive Lands permit be
obtained before final plats aro recorded.
3 . Vicinity Information
Morning Hill subdivision lies to the south with an R-4.5 (Residential ,
4.5 units/acre) zone applying to the lots west of Shore Drive and an R-7
(Residential, 7 units/acre) zone applying to the area east of this
street . Undeveloped property zoned R-25 (Residential, 25 units/acre) is
situated on the west side of 135th Avenue. The property is bordered on
the east by a 10-foot wide public right-of-way, a 40-foot wide tax lot,
and a large vacant tract zoned R-4 .5. Two homesites and the Brittany
Square development are on the northwest side of Shore Drive.
Shore Drive and Winter Lake Drive, a short segment of which will cross
the northeast corner of this project, are designated as minor collector
streets. The area north of Winter Lake Drive is designated by the City
to become a portion of Summer lake Park
STAFF REPORT - SL 8-85 - PAGF I
4. Site Information
The property is a vacant parcel which slopes downhill towards the
northeast. The applicant proposes to develop the 86-lot subdivision in
two phases. The drainage area that requires the Sensitive Lands , view
is contained within the second hase.
A water storage pond was constructed within the drainageway when the
property was in agricultural use. rhe pond has been drained and the
property is to be graded to resemble the topography before the pond was
constructed. A drainage ditch is proposed as an interim measure with a
36-inch storm drain to be installed in conjunction with the development
of the second phase
5. Agency and NPO Comments
The Engineering Division has the following comments:
a. No work within Phase I of Ari Green should encroach upon the
drainageway.
b. 'Mork within Phase II of Ari Green should not proceed until
approval has been granted by the Engineering Division.
The Building Inspection Division has no objection to the proposal .
No other comments have been received.
B. ANALYSIS AND CONCLUSIONS
In order to approve a proposal that involves a drainageway, the
following criteria contained in Section 18.84.040(c) of the Code must be
satisfied.
1 . The extent and nature of the proposed land form alteration or
development will not create site disturbances to the extent
greater than that required for the use;
2. The proposed land form alteration or development will not result
in erosion, stream sedimentation, ground stability or other
adverse on-site and off-site of ect ; or hazards to life or
property;
3 . The water flow capacity of the drainageway is not decreased; and
1 4. Where natural vegetation has been removed due to land form
alteration or the development, the areas not covered by structures
or impervious surfaces will be replanted to prevent erosion in
accordance with Section 18. 100 (LfiNDSCAP:NG AND SCREENING) .
The applicant' s narrative addresses the above t:r iter iai ai'd the Planning
and Engineering staff concur with the analjsis as presented. It is
understood by the staff that the work relatad to the drainageway will
occur in two phases with the creation of a new drainage ditch followed
by the installation of a storm sewer line .
STAFF REPORT - SL 8-A5 - PAGE 2
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C. RECOMMENDATION
Based upon the information presented above, the Planning staff
recommends approval of SL 8-85 subject to the following conditions:
1. Ditch or ciosed conduit construction shall not commence until
after the Engineering Division has issued approved improvement
E plans. The Division will require posting of a 100% performance
bond, a 4% permit fee, and the execution of a Compliance Agreement.
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2. Three (3) sets of plan-profile public improvement construction
plans and one (1) itemized construction cost estimate, stamped by
a Registered Professional Civil. Engineer, detailing the proposed
improvements shall be submitted to the Engineering Section for
approval..
3 . Any necessary storm drainageway easements shall be executed by the
applicant on forms provided by ;.he City .
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4 . No work within Phase I of Ari Green shall cause a restriction of
the stormwater carrying capacity of the drainageway. No work
within Phase II of Ari Green shall proceed without having first
been approved by the City and bonded by the applicant.
5. ThfR approval is valid if exercised within one year of the final
dc ...,ion date noted below.
_171, i./../ __--
PREPARED BY: Keith Lien AP` VED BY: William A. Monahan
Senior Planner Director of Community
Development
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(KSL:pm/1746P)
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STAFF REPORT - SL 8-85 -- PAGE 3