Hearings Officer Packet - 09/29/1983 - Louie 1640 HEARING OFFICER DECISION
10/83 Louie, Steve & Henry
M 1-83
04.
BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MATTER OF THE APPLICATION )
FOR A SENSITIVE LANDS PERMIT TO No.
RETAIN FILL PLACED ON A STEEP )
', .. SLOPE AND TO REMOVE NOXIOUS M 1-83
VEGETATION; Steve Louie/Henry )
Louie, Applicants. )
The above-entitled matter came before the Hearings Officer
at the regularly scheduled meeting of September 29 , 1983, at the
Durham Waste Treatment Plant, City of Tigard, Oregon, at which
•
time testimony, 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 1-83 is approved subject to the following conditions:
1. A soils report shall be prepared by a registered soils
engineer prior to issuance of any building permits for structures
fl
to be erected on the fill or prior to issuance of a grading permit
for construction or improvement to the parking lot.
2. Plans showing the location, dimensions, elevations and
topography of the site shall be prepared by a registered engineer
prior to issuance of any building permits for structures to be
erected on the fill.
Page 1 -- M 1-83
DATED this day of October, 1983 .
HEARINGS OFFICER
APPROVED:
( / /;/;/ ./(/:K.".
C
Page 2 - M 1-83
STAFF REPORT
AGENDA ITEM
CITY OF TIGARD HEARINGS OFFICER
SEPTEMBER 29, 1983 - 7:00 P.M.
DURHAM WASTE TREATMENT PLANT
CORNER OF SW DURHAM AND SW HALL
TIGARD, OREGON
A. FINDING OF FACT
1. General Information
CASE: M 1-83 Sen3itive Lands Permit NPO #4
REQUEST: For a Sensitive Lands Permit to retain fill placed on steep
slopes at the south end of a parking lot and to remove
noxious vegetation.
COMPREHENSIVE PLAN DESIGNATION: General Commercial
ZONING DESIGNATION: C-5
RECOMMENDATION: Based on information submitted by the applicant,
staff's review of applicable Comprehensive Plan
policies, municipal code provisions , and field
investigation, staff recommends approval of a
Sensitive Lands Permit involving steep slopes subject
to the conditions listed in this staff report.
APPLICANT: Steve .Louie OWNER: Henry Louie
10953 SE Market St. 3710 SE 49th
Portland, OR 97219 Portland, OR
•
LOCATION: 11530 S.W. Pacific Highway (Wash. Co. Tax Map 1S1 36DA tax
lot 700)
LO1 AREA: .88 acres
NPO COMMENT: NPO #4 has not responded in writing to this
application request.
PUBLIC NOTICES MAILED: Twelve notices were mailed. No written comments
have been received at the writing of this report.
2. Background
On May 12, 1983, the Hearings Officer continued Sensitive Lands Permit
M 1-83 indefinitely until the application is completed.
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3. Vicinity Information
j• Pacific Highway abuts the property on the north. The land west is zoned
x • and developed as commercial property. The property to the east is zoned
commercial, but is only partially developed. The land to the south of
the site is vacant.
4, Site Information
•
The existing restaurant is located on the northern portion of the site.
The middle portion of the site is paved and serves as a parking lot.
The back part of the property is heavy grass and brush. The property
slopes to the south gradually to the back edge of the existing parking
lot. At that point there is a steep drop off, where the fill has been
placed.
•
B. APPLICABLE PLANNING POLICIES
1. Comprehensive Flo-. Policies
• 2. 1.1 THE CITY SHAL1 :a.1N1AIN 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.
All owners of record within 250 ft. of this site, were notified of the
hearing on this issue by mail on September 16, 1983. A public notice
was published in he Tigard Times on September 15, 1983. In addition,
NPO #4 was notified of the hearing.
2. 1.3 THE CITY SHALL ENSURE THAT INFORMATION ON LAND USE PLANNING ISSUES
IS AVAILABLE IN AN UNDERSTANDABLE FORM FOR ALL INTERESTED CITIZENS.
Interested citizens are given at least 10 days to comment in writing on
all applications and are encouraged to do so.
3. 1. 1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING
DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT A
ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED 10) A
SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED
DEVELOPMENT:
d. AkEAS HAVING SLOPES IN EXCESS OF 25%.
The areas under consideration for fill have slopes of approximately
36%. Chapter 18.57 of the Tigard Municipal Code outlines requirements
and standards for approval of a Sensitive Lands Permit to fill on steep
slopes. The applicant has submitted sufficient affirmative
documentation as to the impacts of the fill as required in Section
18. 57.07U(c).
2. Tigard Municipal Code - Chapter 18. 57 Sensitive Lands.
STAFF REPORI - M I-83 - PAGE 2
11
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 public health, safety and welfare . f 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 damage loss and to preserve nw:ural 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.
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 :
(12) "Steeply sloping lands" means portions of the ground
surface which have a slope of twelve percent or greater.
18.57.030 Permitted uses. Except as provided by Section 18.57.040,
the following uses shall be permitted within sensitive lands
(4) Steeply Sloping Lands :
(D) Removal of poison oak, tansy ragwort , blackberry or
any other noxious vegetation.
Sensitive Lands Permit is not required for removal of
the noxious vegetation.
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 18.57.070:
(1 ) Within drainageways/greenways and steeply sloping lands :
(A) Fill, grading, excavating.
llie applicant 's request is to fill upon steeply sloping
lands.
18.57.060 Sensitive lands permit. A sensitive lands permit shall be
obtained before development begins within the floodplain
district as established in Section 18.56.080. Application
for a sensitive lands permit shall be made on forms
furnished by the planning director.
In accordance with the procedures and requirements set forth
in Chapter 18.84, an application for a sensitive lands
permit filet' as by said chapter stated may be approved or
denied by the approval authority folloving a public hearing.
STAFF REPUR7 - M 1-83 - PAGE. 3
All applications for a sensitive lands permit shall be
supported by the following information to enable the
approval authority to determine whether the proposed use is
located in floodplain, drainageway or steep slope areas:
(3) Steep Slopes.
(A) Plans drawn to scale, submitted in triplicate as
prepared by a qualified registered professional engineer
showing the nature, location, dimensions, elevations, and
topography of the site ; the location of existing and
proposed structures located upon the site, existing and
proposed fill or excavated areas and proposed methods of
controlling erosion. (Ord. 82-04 §1(c) , 1982: Ord. 79-73
§l(part) , 1979: Ord. 79-46 §1(part) , 1979: Ord. 74-50A
§1(part) , 1974) .
The submitted information was accepted by the Public Works
Director as being adequate for the approval authority to
make a decision, in lieu of a complete topographical survey
of the site by a registered engineer.
The applicant's architect submitted a cross section sketch
of the fill showing the previous and existing ground levels
P ^ with the elevations tied to the City of Tigard topographical
map. Also, a visual examination narrative concerning the
fill was submitted by a registered engineer at the request
of the applicant.
The Public Works Director, after having reviewed the cross
section sketch, concurs with the engineer's findings.
18.57.070 Standards.
(c) Application for a special use permit in a steeply
sloping land area shall be granted or denied in accordance
with the following Standard.
Applicants must supply affirmative documentation that the
proposed action will not adversely impact runoff, erosion,
ground stability, water quality, groundwater level , or
flooding; and that the site can support the proposed
modification or structure as designed. (Ord. 79-73 section
1 (part) , 1979: Ord. 79-4b Section 1 (part), 1979: Ord.
7'4-50A Section 1 (part) , 1974).
The applicant 's narrative and map address standards required
for action on a Sensitive Lands Permit to allow fill on
steep slopes. The map, however, was not prepared by a
registered engineer. The City Engineer has reviewed the
applicant's narrative and concludes that the information
submitted is sufficient affirmative documentation that the
filling proposed will not adversely impact the wetlands area
below the slope.
S IAF'1• REPORT - M 1-83 - PAGE 4
•
C. STAFF ANALYSIS AND CONCLUSIONS
The applicant has submitted sufficient documentation as required for
approving a Sensitive Lands Permit involving steep slopes.
The applicant documented that the new till is marginally stable. Any
possible failure of the slope would have an insignificant impact on the
drainageway below.
The applicant has stated that he does not intend to construct a
structure on the new fill. An engineer representing the applicant
indicates that prior to using the new fill for development, the
stability of the slope should be fully investigated.
D. RECOMMENDATIONS
Staff recommends approval of the applicant's request with the following
conditions:
1. A soils report shall be prepared by a registered soils engineer
prior to issuance of any building permits for structures to be
erected on the fill or prior to issuance of a grading permit for
construction or improvement to the parking lot.
2. Plans showing the location, dimensions, elevations and topography
of the site shall be prepared by a registered engineer prior to
issuance of any building permits for structures to be erected on
the fill.
Should the applicant 's request be denied, staff recommends the following
condition be attached:
1 . All of the fill placed on the slope after December 1, 1982, shall
be removed within 60 days of the Hearings Officer's decision.
PRF. APED BY: StSven Skorne A'PROVFI) BY: William A. Monahan
Assistant Plat ler Director of Planning .L
Development
(WAM:pm/U178P)
STAFF KEPUR1 - M 1-83 - PAGE 5
Hi Hat Restaurant
11530 S.W. Barbur Blvd.
Tigard, Oregon 97223
April 27, 1983
City of Tigard
12755 S.W. Ash
Tigard, Oregon 97223
RE: Fill Permit - Hi Hat Restaurant
Brief description of fill site:
The new fill added to the south end of the lower parking lot is an
extention of a large original fill that supports the paved parking area.
The configuration and slope of the new fill approximates very closely
that of the original fill (see sketch below) :
parkin area
- - - - \000\\X><><>< X X Y Xx
new fill �1 original fill
i
W
NORTH - SOUTH SECTION
Water runoff and erosion:
The fill Tss e ngg s-cede to accelerate the natural vegetative regrowth.
Vegetation should be firmly established prior to next winter, thus preventing
water runoff and erosion problems. Any minor erosion that may occur this
spring should have little or no effect on the field at the toe of the
slope (see Plan) .
The existirg site is primarily landfill and no adverse impact is anticipated
with the addition of fill material totaling much less than 10% of the
original .
Further development:
The owners of lie Hi Hat Restaurant, prior to any further development of
the fill area will go through the normal permit process. They further agree
to monitor the site and promptly report any change of conditions (settlement,
erosion, etc. ) to the City of Tigard.
Sincerely,
Norman Dowty
For Hi Hat Restaurant
0-1660
CONSULTANTS -
William L.Shannon,P.E. •
Stanley 0.Wilson,P.E.
SHANNON &WILSON, INC.
Geotechnical Consultants
2255 S.W. Canyon Road•Portland, Oregon 97201•Telephone: 1,503)223-6147
February 25, 1983
Hi Hat Restaurant Corporation
11530 S.W. Barbur Blvd.
Tigard, Oregon 97223
Attn: Mr. Henry Louie
SITE INSPECTION
FILL SLOPE AT REAR OF
HI HAT RESTAURANT
Gentlemen:
At your request, a visual inspection was made of an uncontrolled fill
slope recently placed behind the Hi Hat Restaurant in Tigard, Oregon. We
understand that the City of Tigard is concerned with the stability of the
fill and its affect on drainage. The purpose of the inspection was to
observe the existing conditions and express our opinion on the stability
of the fill slope. No borings or other explorations were made.
The uncontrolled fill slope is located at the south end of a long, narrow,
asphalt paved parking area which runs approximately north-south. The
existing parking lot appears to be located over an older uncontrolled fill
placed over a ground surface which sloped downward to the south into a
drainage creek which discharges into Fanno Creek.
The fill was placed recently and appears to have been end-dumped over the
existing slope. Some organic debris and concrete are visible on the
surface. The slope is about 30 feet high and has an inclination of about
Seatlle • Portlanr4 • Spokane • Fairbanks • St Louis • Anchorage
•
Walter L Wright PE Derek H Cornforlh PE
Senior Vice-Preaidenl/Western Region Vice•President A Manager
0-1660
Hi Hat Restaurant Corporation
February 25, 1983
Page 2
36 degrees to the horizontal (about 1 .5H:1V) . At this inclination, the
slope is, in our opinion, marginally stable, and tension cracks are
present about 10 feet from the edge.
Based on our observations, a failure of the slope could occur, but, in our
opinion, the failure should beicial. and shallow enough that the
existing pavement would not be involved. A failure should not affect the
creek drainage since there is considerable space between the toe of the
slope and the creek.
Prior to using the recently filled area for additional parking, the
stability of the slope should be more fully investigated to determine a
1 safe slope to which the slope should be flattened.
Should you have any questions, please contact us at your convenience.
Very truly yours,
SHANNON & WILSON, INC.
By i�./Lt�'�lG fL GccJ
Frank Fujitani, P.E.
Associate Engineer
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