Hearings Officer Packet - 12/18/1985 - Kadel MWOMMIIIMMMOMMIAMMOIS
t ... . 1640 H}3ARING OFFICER DECISION
12/85 Kadel & Holce
CU 6-85, SL 10-85 & V 32-85
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BEFORE THE HEARINGS OFFICER
FOR THE CITY OF PIGARD
_N THE MATTER OF THE APPLICATION )
rJR A CONDITIONAL USE PERMIT, A ) No.
SENSITIVE LANDS PERMIT, AND )
VARIANCE TO CONSTRUCT AN AUTOMOTIVE)
BODY REPAIR BUILDING WHICH WILL ) CU 6-85; SL 10-85;
BE PARTIALLY WITHIN THE 100 YEAR ) V12-85
FLOOD PLAIN OF ASH CREEK; Dick
Kadel , applicant.
The above-entitled matters came before the Hearings
Officer at the regularly scheduled meeting of December 19 , 1985 ,
at the Durham Waste Treatment Plant, in Tigard, Oregon; and
The applicant requests a conditional use permit , a
sensitive lands permit and a variance to allow an automotive
body repair building to be constructed which will be partially
within the 100 year flood plain of Ash Creek, and a variance to
reduce the front yard setback requirement from 35 feet to 27 feet
for two corners of the new building to encroach upon the 35 foot
front yard area, property located at. 10915 SW Greenburg Road,
property more specifically described as Tax Lot 1000, Map 1S1-35BC,
City of Tigard, County of Washington , State Of Oregon; and
(n) The Hearings Officer conducted a public hearing on
December 19 , 1985 , at which time testimony, eviden^e and the
Planning Department Staff Report were received; and
I The Hearings Officer adopts the findings of fact and
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( conclusions contained in the Staff Report, a copy of which is
attached hereto, marked "Exhibit A" and incorporated by reference
herein;
CU 6-85; Sh 10-85 ; V12-85 - Page 1
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NOW THEREFORE IT IS HEREBY ORDERED that CU 6-85 ,
SL 10-85, and V12-85 he and hereby are •approved subject to the
following conditions :
1. Unless otherwise noted, all conditions shall be
met prior to issuance of grading or building permits.
2. Standard half-street improvements including
sidewalks, curbs, streetlights, driveway aprons , storm drainage,
and utilities shall be installed along the S.W. Greenburg Road
frontage. Said improvements along S .W. Greenburg Road shall be
built to major collector street standards and conform to the
alignment of existing improvements.
3. Seven (7) sets of plan-profile public improvement
construction plans and one (1) itemized construction cost
estimate, stamped by a Registered Professional Civil Engineer ,
detailing all ?r.oposed public improvements including utility
relocations and traffic lane remarkings shall be submitted to
the Engineering Section for approval . •
4,• Existing sanitary sewer plan-profile details and
easement boundary shall be provided as part of the public
improvemLit and building plans.
5. Construction of proposed public improvements shall
not commence until after the Engineering Division has issued
approved public improvement plans. The Division will require
• posting of a 1CO% Performance Bond, the payment of a permit fee
and a sign installation/streetlight fee. Also, the execution of
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CU 6-85; SL 10-85 : V12-85 - Page 2
• a street opening permit or construction compliance agreement
shall occur prior to, or concurrently with the issuance of
approved public improvements plans. See the enclosed handout
giving more specific information regarding fee schedules , bonding,
and agreements.
6. Additional right-of-way shall be dedicated to the
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public along the S.W. Greenburg Road frontage to increase the
right-of-way to 35 feet from centerline. The description for said
dedication shall be tied to the existing right- of-way centerline
as established by Washington County Surveyor. The dedication
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document shall be on City forms and approved by the Engineering
Section. Dedication forms and instruction are enclosed.
7. After the construction and fill , the area below
the 160. 5 foot elevation shall be dedicated to the City of
Greenway. A monumented boundary survey showing all new title
lines prepared by a registered Professional Land Surveyor shall
be submitted.
8. An as built drawing of all grading shall be
submitted upon completion of work within the flood plain.
9. The necessary permits shall be obtained from the
.. '' US Army Corps of Engineers and Division of State Lands.
10. No grading or fill work shall occur within the
100 year flood plain between October 1st and April 30th unless
approved by the City Engineer.
CU 6-85; SL 10-85; V12-85 - Page 3
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11. A revised landscaping plan shall be submitted for
Planning Director approver' prior to the issua .;e of bu i.1.ding
permits which is consistent with Chapter 18. 100 of the Community
Development Code.
12. If not e::ercisei' within one year from the approval
date, this approval shall expire.
DATED this ?/ day of December, 1985.
HEARINGS ICER
APP VED•
N 40'7-
CU
CU 6-85; 8L 10-85; V12-85 - Pages 4
STAFF REPORT AGENDA ITEM 2. 1.
Thursday, Decmber 19, 1985 - 7:00 P.M.
TIGARU HEARINGS OFFICER
DURHAM WASTE TREATMENT PLANT - Conference Room
Corner of SW Hall and Durham
TIGARD, OREGON 972.23
A. FACTS
1. General Information
CASE: Conditional Use (CU 6-85), Sensitive Lands (SL. 10-85) ,
Variance (V12-85) .
REQUEST: To construct an automotive body repair building which will
be partially within the 100 year flood plain. A variance to
reduce the front yard setback requirement from 35 to 27 feet
is also requested.
COMPREHENSIVE PLAN DESIGNATION: Light Industrial
ZONING DESIGNATION: I-P (Industrial Park)
APPLICANT: Dick Kadel OWNER: Thomas Holce
8960 SW Commercial 10825 SW Cascade Blvd.
Tigard, OR 97223 Portland, OR 97223
LOCATION: 10915 SW Greenburg Road (WCTM 1S1 35BC, lot 1000) .
2. Background
No previous land use proposals have been reviewed by the City regarding
this property. On October 14, 1985, the City adopted a revision to the
Community Development Code which allows "body repair, light equipment"as
a Conditional Use in the I-P zone. This change affects Section
18 .42.020 (c)(b), 18.68.040, 18.70.030, 18.72.030, and 18. 130. 150 of the
Code.
3. Vicinity Information
The property to the north and west is developed with an industrial
building and was recently rezoned from I-P (Industrial Park) to C-G
(Commercial General) . The location of Ash Creek coincides with the
southern boundary of the subject property and additional land zoned I-P
lies to the south, Greenburg Road abuts the property or the east, and
the area east of the street is zoned R-12 (Residential, 12 units/acre) .
STAFF REPORT - CU 6-85, SL 10-85, & V 14-85 - PAGE 1
A. Site Information and Proposal Description
A 7,980 square foot commercial building presently occupies the north
central section of the property . Access is provided via one driveway on
Greenburg Road. The 100 year flood plain for Ash Creek, which
identified at 160.5 feet in elevation covers the southern portion of the
parcel.
The applicant intends to construct a 17,525 square foot auto body shot..
on the southern half of the property and enlarge the existing parking
and loading area. The rear segment of the new building wi.l.l be within
the 100 year flood plain.
Finally, a variance is requested to allow two corners of the new
building to encroach upon the 35 foot front yard area. The front yard
setback will be reduced to 27 feet from the building corner to the
Greenburg Road right—of—way.
5. Agency and NPO Comments
The Engineering Division has the following comments.
a. The proposed work with the Ash Creek flood plain could affect the
Greenburg Road bridge, which is the responsibility of Washington
County . The proposed work on Ash Creek should be reviewed and
approved by the County .
b. A sanitary sewer line is located near Ash Creek and verification
should be provided to ensure that the proposed work will not
adversely affect the line.
c. In order to property modify the area adjacent to the creek
channel, permission may be necessary from the property owner to
the south,
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d. A hydrologic study (before development & after development) by a
registered civil engineer, including X—Sections and an analysis of
the backwater curve at low and high flows, shall be submitted to
the City' s Engineer for review and approval prior to issuance of
any permits.
e. A geo—technical report by a soils engineer, relative to the
proposed channel, and building encroachment into toe drainageway,
shall be submitted to the City Engineer and Building Official for
review and approval prior to issuance of any permits.
f. Approval by the Division of State Lands and Corps . of Engineers
may be required.
g. Greenburg Road is a major collector street which requires a
right—of-way width of 35 feet from centerline. Also, since the
street is not improved to City standards, half street improvements
will be necessary along the property frontage.
STAFF REPORT — CU 6-85, SL 10-85, & V 1.i--85 — PAGE 2
The Building Inspection Division notes that the flood plain issues must
be adequately addressed.
Washington County Fire District No. 1 has no objection to the proposal
but it is noted that complete building plans must be approved by the
District prior to issuance of building permits.
NPO # 1 recommends denial of the Sensitive Lands and Variance
applications and approval of the Conditional Use provided that half
street improvements installed and building codes are satisfied.
No other comments have been received.
B. ANALYSIS AND CONCLUSIONS
This application consists of three components which include a
Conditional Use to allow a body repair shop, a Sensitive Lands Permit to
allow land form alteration within the 100 year flood plain, and a
Variance to permit a reduced front yard setback. The Planning staff
concludes that all aspects of this proposal are consistent with the
Community Development Code based upon the factors discussed below.
Conditicnai Use
Except for the setback variance discussed below, the proposed
develoiment is in conformance with the applicable requirements relating
to access, lot coverage, vision clearance and the supplemental standards
contained in Section 18 . 130. 150 of the Code relating to buffering and
screening. The landscaping plan should be modified to ensure that the
parking area will have a minimum setback of three feet from the
Greenburc, Road right-of-way after the necessary dedication has been
accomplished. Also, the Code requires that trees be provided in and
around parking areas at a ratio of one tree per seven spaces . I.t
appears that an additional three trees should be indicated on the
landscA,ping plan.
Sensitive Lands
The proposal is consistent with Policies 3.2. 1, 3 .2.2, 3 .7..3, and 7.2. 1,
of the Tigard Comprehensive Plan because the proposed fill and
excavatio;, activity will not have an adverse impact upon the function of
the 10D year flood plain and will not initiate a rise in flood levels.
Additional engineering information will be necessary to confirm this
conclusion, but the Engineering Division is confider+. that the proposal
can be property accomplished.
The preservation of wildlife habitat noted in Policy 3 .4 7 will be
accomplished because the creek channel will not be affected and the
graded areas shall be stabilized and re-vegetated. Policy 3 .5.3 will be
followed by requiring dedication of all land below the 160.5 foot
elevation. Policy 3 .5.4 calls for a bicycle/pedestrian path. The
Comprehensive Plan does not call for a bicycle path along Ash Creek and
STAFF REPORT - CU 6-85, SL 10-85, S V 14-85 - PAGE 3
therefore this provision is not applicable.
Section 18.84.040 of the Community Development Code indicates that
proposed land form alterations must comply with the following criteria:
1. The function of the 100 year flood plain and floodway shall be
preserved or enhanced.
2. Landform alteration within the 100 year flood plain shall he
allowed only on commercial or industrial properties,
3 . Land development is not located with the floodway .
4. No increase in the zero•-foot rise floodway will result.
5. A bicycle/pedestrian path shall be provided as required in the
Comprehensive Plan above the elevation of the average annual flood.
As indicated above, the proposal will not have an adverse impact upon
the 100 year flood plain or cause an increase in the 100 foot rise
floodway. The proposed building is outside of the floodway boundary .
Variance
Section 18. 134.050 of the Code required the following criteria which
must be met prior to granting a variance.
1 . The proposed variance will not be materially detrimental to the •
purposes of this Code, be in conflict with the policies of the
Comprehensive Plan, to any other applicable policies and
standards; and to other properties in the same zoning district or
vicinity;
2. There are special circumstances that exist which are peculiar to
the lot size or shape, topography, or any circumstances over which
the applicant has no control, and which are not applicable to
other properties in the same zoning district;
3 . The use proposed will be the same as permitted upon this Code and
City standards will be maintained to the greatest extent that is
reasonably possible, while permitting some economic use of the
land;
4. Existing physical and natural systems, such as but nut limited to
traffic, drainage, dramatic land forms or parks will not be
adversely affected any more than would occur if the development
were located as specified in the Code; and
5. The hardship is not self-imposed and the variance requested the
minimum variance which would alleviate the hardship.
IL STAFF REPORT CU 6-85, SL 10-85, 6 V 14-85 - PAGE 4
The front yard setback standards are primarily intended to prevent
encroachment upon streets and intersections. The majority of the
building will comply to the 35 foot setback standard and two small
triangular portions of the building will project into the required
setback area. All of the building will be a sufficient distance from
the driveway and therefore vision clearance problems will riot result.
The floor plan and lot configuration are such that the proposed building
shape and location is the most feasible.
The proposed expansion is permitted as a conditional use and all other
aspects of the building design will conform with the Code. The variance
will have no effect upon existing physical and natural systems. The
building will encroach upon the 100 year flood plain, but this approval
will be conditioned so that any potentially adverse impacts will be
mitigated. The variance is based upon the property line after the
necessary right-of-way for Greenburg Road is dedicated. No additional
right-of--way or street widening on Greenburg Road is foreseen.
The hardship is not self-imposed and the proposed variance is that
minimum necessary to alleviate the hardship. The average setback of the
building will exceeu the 35 foot standard.
C. RECOMMENDATION
Based upon the discussion above, Lhe Planning staff recommends approval.
of CU 6-85, SL 10--85, and V 1.4-85 subject to the following conditions:
1, UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO
ISSUANCE OF GRADING OR BUILDING PERMITS.
2. Standard half--street improvements including sidewalks, curbs,
streetlights, driveway aprons, storm drainage, and utilities shall
be installed along the S.W. Greenburg Road frontage. Said
improvements along S.W. Greenburg Road shall be built to major
collector street standards and conform to the alignment of
exist'ng improvements.
3. Seven (7) sets of plan-profile public improvement construction
plans and one (1) itemized construction cost estimate, stamped by
a Registered Professional Civil Engineer, detailing all proposed
public improvements including utility relocations and traffic lane
remarkings shall be submitted to the Engineering Section for
approval.
4. Existing sanitary sewer plan-profile details and easement boundary
shall be provided as part of the public improvement and building
plans .
5. Construction of proposed public improvements shall not commence
until after the Engineering Dvision has issued approved public
improvement plans . The Divsion will required posting of a 100%
JPerformance Bond, the payment of a permit fee and a sign
STAFF REPORT - CU 6-85, Sl 10-85, 6 V 14-85 - PAGE 5
installation/streetlight. fee. Also, the execution of a street
opening permit or construction comp l ante agreement shall occur
prior to, or concurrently with the issuance of approved public:
improvements plans . SEE THE ENCLOSED HANDOUT GIVING MORE SPECIFIC
INFORMATION REGARDING FEE SCHEDULES, BONDI,JG, AND AGREEMENTS.
6. Additional right-of-way shall be dedicated to the Public along the
S.W. Greenburg Road frontage to increase the right--of-way to 35
feet from centerline. The description for said dedication shall
be tied to the existing right-of-way centerline as established by
Washington County Surveyor. The dedication document shall be on
City forms and approved by the Engineering Section. DEDICATION
FORMS AND INSTRUCTION ARE ENCLOSED.
7. The area below the 160.5 foot elevation shall be dedicated to the
City as Greenway . A monumented boundary survey showing all new
title lines prepared by a registered Professional Land Surveyor
shall be submitted.
8. An as build drawing of all grading shall ire submitted upon
completion of work within the flood plain.
9. The necessary permits shall be obtained from the US Army Dirps of
Engineers and Division of State Lands .
10. No grading or fill work shall occur within the 100 year flood
plain between October 1st and April 30th unless approved by the
City Engineer.
11 . A revised landscaping plan shall be submitted for Planning
Director approved prior to the issuance of building permits which
is consistent with Chapter 18. 100 of the Community Development.
Code.
17, I:f not exercised within one year from the approval date, this
approval shall expire.
Of Ade:
PREPARED :Y: Keith Liden AP OVED BY: William A. Monahan
Senior Planner Director of Community
Development
(2267P)
1111 STAFF REPORT - CU 6-85, SL 10-85, 6. V 14- 85 - PAGE: 6
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C.,
1 CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY HEARINGS OFFICER
• 1. Concerning Case Number(s): CU 6-85 SL 10-85 and V 12•••85
2. Name of Owner: Dick Yarlc1 Thomas Holce
3. Name of Applicant: Same
Address 8960 SW Commercial City Tigard State OR Zip 97223
4. Location of Property:
Address 10915 SW Greenburg
Legal Description 1S1 35BC lot 1000
5. Nature of Application: Request to construct an automotive body repair building
which will be partially within the 100 year flood plain. A variance to reduce
the front yard setback requirement from 35 to 27 feet is also requested.
6. Action: Approval as requested
XX Approval with conditional
Denial
7. Notice: Notice was published in the newspaper, posted at City Hall
and mailed to:
XX The applicant & owners
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
8. Final. Decision:
THE DECISION SHALL BE FINAL ON 1-13-86 UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision, and statement of condition can be
ehtained from the Planning Department, Tigard City Hall, 11755 SW Ash,
P.I. Box 23397, Tigard, Oregon 97223 .
/ 9. Appeal :
Any party to the decision may appeal this decision in accordance with
18.32. 290(A) and Secti<:n !.8.3:.370 k'iirh provides that a written appeal
may be filed within 10 days After notice is given and sent.
The deadline for filing of an appeal is 4:30 P.M. 1-13-86 .
• 10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639-4111.
110. O257P
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