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Hearings Officer Packet - 06/08/1987 - Westwood Construction • • • i6rHEARING OFFICER DECISION 11116 • '5/87 Westwood Construction SL 87-02 • • • I• 1 , " I• u1 oltk CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY HEARINGS OFFICER • 1. Concerning Case Number(s) : St. 87-02 2. Name of Owner: Albertsons ' 3. Name of Applicant: Westwood Construction Address 3030 SW Moody City Portland State OR Zip 97201 4. Location of Property: Address SE Corner Pacific Highway znd SW Durham Road Legal Description 2S1 15A lots 2800, 2802, 2900, 3000, 3001 , 3002 5. Nature of Application: ReaueSt to fill aid grade a drainageway and to install a storm drainage line on property zoned C-G (Commercial Genera 1) . 6. Action: Approval as requested d xx Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall and mailed to: _x.X__ The applicant & owners 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 June $, 1987, UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall Blvd. , P.U. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(A) and Section 18.32.3;0 which 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. June 8, 1987 10. questions: If you have any questions, please call the City of Tigard Planning Department, 639-4171. 0257P . BEFORE THE HEARINGS OFFICER FOR THE CITY OF TIGAR.D IN THE MATTER OF THE APPLICATION) FOR a Sensitive Lands Permit to ) No. SL 8-85 fill and grade a drainageway; ) Westwood Corp. , applicant. The above-entitled matter came before the Hearings Officer at the regularly scheduled meeting of May 14 , 1987 , at the Tigard Civic Center Town Hall Room, in Tigard, Oregon; and The applicant requests a Sensitive Lands Permit to fill and grade a drainageway and to install a storm drainage line on property located the southeast corner of SW Pacific Highway and SW Durham Road and west of SW 113th Avenue, property more specifically described as Map 2S.L 15BA, Tax Lots 100, 200 , 300 and 400 , and Map 2S1 15A, Tax Lots 2800 , 2802 , 2900 , 3000 , 3001 ' and 3002 , City of Tigard, County of Washington, State of Oregon; and The Hearings Officer conducted a public hearing on May 14 , 1987 , at which time testimony, evidence and the Planning Department Staff Report were received; and The Hearings Officer adopts the findings of fact and conclu- sions 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. 1. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE MET PRIOR TO VEGETATION REMOVAL OR GRADING. Page 1 - SL 8-85 __ 2. Stripping, grading and filling shall be carried out in a manner that conforms with the recommendations set forth in the applicant' s geotechnical report titled Subsurface. Investigation and dated January 30 , 1987 . 3. The applicant shall receive a site grading permit from the Building Inspection Division. 4 . The applicant shall replace the culvert at SW 113th with an enlarged culvert capable of permitting free and unobstructed flow unless it can be shown that th3 present pipe is capable of handling future drainage levels. 5. The applicant will provide a heavy grass buffer/channel or other approved pollution reduction technique below the site' s water run-off discharge point in order to reduce auto-related pollutants from leaving the site. 6. This approval is valid if exercised within one year of the final decision, pYyte noted below, DATED this c- X/ day of May, 1987 . HE= 'INGS OFFICEF /:////// (1 ; e<-/ ," et. :ETH-. •SON Page 2 - SL 8-85 • • • STAFF REPORT AGENDA ITEM 2.2 APRIL 14, 1987 - 7:00 P.M. TIGARD HEARINGS OFFICER - TIGARD FFICERTIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1 . General Information CASE: Sensitive Lands Permit SL 8-85 REQUEST: To fill and grade a drainageway and to install a storm drainage line. COMPREHENSIVE PLAN DESIGNATION: General Comoercial ZONING DESIGNATION: C-G (General Commercial) APPLICANT: Westwood Corp. OWNER: Albertson' s 3030 SW Moody Portland, CR 97201 LOCATION: Southeast corner of SW Pacific Highway and SW Durham Road and west of SW 113th Avenue (WCTM 2S1 158A lots 100, 200, 300, 400; 2S! 15A lots 2800, 2802, 2900, 3000, 3001, 3002) . 2. Background Information On May 6, 1987 Albertson' s and Westwood Corp. were granted approval with conditions of Site Development Review (SDR 87-05), Lot Line Adjustment (M 87-02) and a Variance (87-05) for the development of Tigard Towne Square, a shopping center featuring an Albertson' s grocery store, retail space for two major tenants and several smaller retail shops. These approvals followed a Comprehensive Plan Amendment and a Zone Change Annexation (7CA 8-86) last year allowing the site to change from residential to commercial zoning which permits uses such as the Albertson' s store and general retail outlets . 3 . Vicinily Information The proposed site for Albertson' s is presently surrounded by a variety of zoning districts and development patterns . Directly west of the site (across Pacific Highway) is tha eastern city limits of Kinq City . The area abutting this portion of Pacific Highway in King City is commercial development at the northern edge that gives way to residential development going south and paralleling the subject site. STAFF REPORT - WESTW00D CONST./ALBE:RTSONS SL 87-02 - PAGE 1 • • i •1 To the north, across Durham Road, both commercial and medium high density residential development occurs. The Willowbrook Shopping Center, located at the northeast intersection of Pacific Highway and 1, ' Durham Road, is zoned C—G(PD) (General Commercial, Planned Development) and conta'ns an assortment of retail and commercial uses. East of Willowbrook is a part of the Summerfield planned residential development. This portion of Summerfield is zoned R-25 (PD) (Multi—Family Residential, 25 units per acre) . • Two large parcels zoned R-25 are directly east of the Albertson' s properties along SW 113th Avenue. One of these parcels contains a single family residence, the other p«rcel is undeveloped. To the south of the subject site are properties outside Tigard' s City limits but within Tigard's Planning Area. Some properties are identified on the Tigard Comprehensive Plan Map as low density residential areas with others t.arcjeted for medium residential development. At present, most of these iiedium and large sized lots are developed with single family residences, o, few lots are vacant. 4. Site Information and Proposal Descripti'n The topography of this 19.3 acre site is uneven with a general sloping of land from the northwest corner to the east and southeast portion of the site. The northeast area of the properties begins as a broad, shallow depression which drops and becomes narrower to the south, eventually forming a ravine. An intermittent stream flows through the ravine supporting an abundance of veget;.;:ion and a variety of bird life. The ravine also serves as the drainageway for a large portion of the site. The applicants are proposing to grade a large area of the site to make it more level in preparation for development. The grading plan submitted in this application indicatc3 that large amounts of fill will be moved from the northern and northwestern areas of the site to fill in the ravine and other uneven portions of the site. A storm drainage system will be put in place to allow water flow to occur which presently follows the natural drainageway. 5. Agency and NPO Comments The Engineering Division has reviewed the proposal and makes the following comments : The applicant has submitted detailed documents including calculations, drawings and soils analysis outlining the proposed storm drainage system. Also included in these documents is the effect upstream and downstream of the proposed Albertson's site. The proposed system will accommodate upstream flow and direct all storm drainage within the right--of--ways of SW Durham Road and SW 113th Avenue except near the discharge point. Calculations submitted with the proposal demonstrate that the effect downstream is not significant. However, the applicant should demonstrate that the SW 113th Avenue culvert is of adequate size; otherwise replacement may be necessary. STAFF REPORT — WESTWOOD CONST./ALB[RTSONS SL 87-02 — PAGE 2 1 . Stripping, grading, and filling shall be carried out in a manner that conforms with the recommendations set forth in the applicant's geotechnical report titled Subsurface Investigation and dated January 30, 1987. 2. Replacement of 113th Culvert. The Building Division reviewed this proposal and has no objections to it. No other comments were received concerning this proposal . B. FINDINGS AND CONCLUSIONS In order to approve a proposal that involves a drainageway, the following criteria contained 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 effects or hazards t the life or property. 3 . The water flow capacity of the drainageway is not decreased; and 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 (LANDSPACING AND SCREENING) . The applicant' s engineer has addressed the above criteria and the Engineering staff has verified and concurred with the analysis and conclusions . In the engineers narrative it is state that, if the culvert at SW 113th is adequately sized, the impact of the development on downstream storm sewer facilities will be negligible and not have any detrimental effects. Calculations have been submitted which substantiate the capacity of the current drainageway and the impact of in^.reased impervious coverage due to the commercial development. The size and magnitude of this development can potentially have the effect of further degrading water quality in the Tualatin River, located less than 1/2 mile from the southeast corner of the site . On-site techniques directed at reducing off-site transfer of auto related pollutants should be put in place as part of this development. STAFF REPORT - WFSPWOOD CONST./ALBFRTSONS SL 81-02 -- PAGF 3 • C. RECOMMENDATION Based upon th?- information presented above, the Planning staff recommends approval of SL 87--02 subject to the following conditions: 1 . UNLESS OTHERWISE NOTED, ALL. CONDITIONS SHALL BE. MET PRIOR TO , VEGETATION REMOVAL OR GRADING. 2. Stripping, grading and filling shall be carried out in a manner that conforms with the recommendticns set forth in the aplicant's geotechnical report titled Subsurfce Investigation and dated January 30, 1987. 3 . The applicant shall received a site grading permit from the Building Inspection Division. 4. The applicant shall replace the culvert at SW 113th with an enlarged culvert capable of permitting free and unobstructed flow unless it can be shown that the present pipe is capable of handling future drainage levels. 5. The applicant will provide a heavy grass buffer/channel or other approved pollution reduction technique below the site' s water run-•off discharge point in order to reduce auto--related pollutants from leaving the site. 6. This approval is valid if exercised within one year• of the final decision date noted below. C..<4K)1 'b'Xd-Vk -----' PREPARED BY: Tom Dixon APPROVED BY: William A. Monahan Assistant Planner Director of Community Development (TD!bs3187P) STAFF REPORT -- WESTWOOD CONST./ALBS RTSONS SL 87-02 -• PAGE 4