Hearings Officer Packet - 10/28/1982 - Bishop TO 411•13111011111 IMENIMINIIMINII
1640 HEARING OFFICER DECISION
11/83 Bishop, J.B.
M 3-82
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BEFORE THE HEARINGS OFFICER
FOR THE CITY OF TIGARD
IN THE MAT'T'ER OF THE APPLICATION FOR )
A SENSITIVE LANDS PERMIT TO REROUTE ) No.
STORM AND SANITARY SEWER LIMES AND FILL )
AN EXISTING DRAINAGEWAY AND STEEPLY ) M 3-82
e SLOPING LAN: ; J.A. Bishop, Applicant. )
The above-entitled matter came before the Hearings Officer
at the regularly scheduled meeting of October 28, 1982, at which
time testimony, evidence and the Warming department 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 oRnE?.rn:
M 3-82 is approved subject to the following conditions:
1. A soils report and detailed grading plans shall be
submitted to the City for review prior to issuance of an:,. permits
/4
for site work.
2. The City Engineer shall be satisfied that the applicant' s
proposal for on-site storm retention is adequate to hold runoff to
current levels or the City Engineer shall specify off-site impr:ove-
ments on downstream facilities to accomodate increased runoff.
3. Detailed engineering plans for storm -drainage, sanitary
sewer lines and public improvement plans for 99W and the access
road shall he snhmitted to and approved by the City' s Engineering
G/
M 3-82
Page 2
I
Division prior to issuance of Building Permits. Public improve-
ments plans shall include traffic signals, street lights, curbs
and sidewalks. city public improvements shall be bonded for 100%
of the estimated cost thereof prior to issuance of Building Permits;
applicant shall meet state bonding requirements for state improve-
ments.
4. All conditions at4_ached to CPR 4-82 and 7,C 18-82 shall
be met prior to issuance of Building Permits.
5. An access agreement for use of the site access road by
adjoining property owners shall be filed and approved by the City' s
Engineering Division prior to issuance of Building Permits.
DATED this JO day of November, 1982.
HEARINGS OFFICER
APPROVED:
(BETH MASON' � �� �
STAFF REPORT
AGENDA ITEM 2 . 1
CITY OF TIGARD HEARINGS OFFICER
OCTOBER 28, 1982 - 7 :00 P.M.
DURHAM! WASTE TREATMENT PLANT - CONFERENCE ROOM
Corner of S.W. Durham & S .W. Hall
TIGARD, OREGON
A. FINDINGS OF FACT
I . GENERAL INFORMATION
CASE : M 3-82 Sensitive Lands Permit NPO # 1
REQUEST: For a Sensitive Lands Permit to reroute storm and
sanitary sewer lines and fill an existing drainageway
and steeply sloping land.
RECOMMENDATION: Based on staff analysis of the technical in-
formation supplied by the applicant and site
inspection, staff recommends Hearings Officer approval
with the conditions listed on page 6 of this staff
report.
APPLICANT: JB Bishop
Suite 303 10505 S.W. Barbur Blvd.
Portland, oregon 97219
OWNER: Same
LOCATION : East side of S.W. Pacific Highway approximately 1000
feet south of Garrett. (Washington County tax Map
2S1 2CC tax lots 100, 200, 500 , 800, 801 & 900. )
LOT AREA: 12.06 acres
PRESENT ZONE DESIGNATION: CP and CP/C3 (see attached map) .
NPO COMMENT: NPO # 1 reviewed this proposal at their regular
meeting on October 1, 1982. NPO # 1 voted unanimously
to submit written concurrance with the applicant's
proposal for fill in the drainageway and relocation
of the sewer and storm drain lines.
PUBLIC NOTICES MAILED: Public notices were mailed to 48 surrounding
property owners on October 19 , 1982 . No
written responses were received.
2 . BACKGROUND
There is an existing building on tax lot 900 with two tenants ,
the Tigard Paint Store and Feeks and Stongs Potato Pub. Feeks
`- / and Stongs Potato Pub received a conditonal use permit (CU 7-82)
to operate a restaurant in a CP zone. On October 19 , 1982 ,
the Tigard Planning Commission unanimously approved a zone change
request from CP to C-3 and a Comprehensive Plan Revision from
Commercial Professional to Retail Commercial .
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M 3-82
Page 2
3. VICINITY INFORMATION
The property to the northeast is developed as commercial.
The land to the west a:id south is zoned and developed as
single family residential. The property across Pacific
Highway is designated and partially developed for commercial
uses.
4 . SITE INFORMATION
Approximately 1. 5 acres of the total 12.06 acres is developed.
At the present time, there is one retail building on the south-
west end of the site which is occupied by the Tigard Faint Center
and Feeks and Stongs Potato Pub. Adjacent to that is the Heinz
Auto Europe Auto Repair Shop. The remaining 10. 5 acres is
undeveloped.
The property slopes towards the southeast and has several
large trees along the south and western boundaries. The
remainder of the site is densely covered with brush and grass .
5 . APPLICABLE LAND USE POLICIES AND STAFF ANALYSIS
A. LCDC GOALS AND GUIDELINES
Citizen Involvement: Goal 1 - The intent of this goal is
to insure the opportunity for citizens to be involved in
all phases of the planning process. Owners of record
within 250 feet of the site were notified by mail on
October 18 , 1982 . In addition, a legal notice was published
in the Tigard Times on October 14 , 1982.
Land Use Planning: Goal 2 - All applicable LCDC goals and
guidelines , NPO #1 policies and Tigard Municipal Code
sections have been considered in review of the application.
Natural Disasters and Hazards : Goal 7 - The intent of
this goal is to insure that any development which occurs
in an area of natural hazards shall incorporate appropriate
safeguards to prevent property damage or loss of life.
Chapter 18. 57 of the Tigard Municipal Code addresses these
considerations by requiring a permit process for any
development in Sensitive Lands areas . In the case of
this application, there is a drainage swale and some
steeply sloping lands involved in the relocation of the
storm drain and sewer lines . The applicant has submitted
detailed information as required in the Sensitive Lands
Permit Ordinance which will be evalua;.ed for compliance
prior to approval of the Sensitive 1,,.1,Ce Permit.
Economy: Goal 9 - The purpose of this goal is to diversify
and improve the economy of the State. Presently, the property
is not being utilized to its full potential. The property
is in a prime retail commercial location. The applicant
intends to construct a 122,805 square foot shopping center
on the site. The center will provide approximately 230 jobs
for the community. In addition, the shopping center will
provide a service to residents in the area.
STAFF REPORT
M 3-82
Page 3
Public Facilities and Services : Goal 11 - The purpose
of this goal is to insure the provision of public facilities
to the site. Presently, there is an 8" sewer line which
runs through the site. The applicant has submitted a
Sensitive Lands Permit application to relocate the sewer
line on site. In addition, the applicant is proposing to
relocate the storm drain line. Water is available from a
line in SW Pacific Highway in adequate quantities and
pressure to serve both fire and domestic needs .
Transportation: Goal 12 - The intent of the goal is to
provide a safe, convenient and economic transportation
system. The site is accessible from Pacific Highway.
The applicant has proposed three access points onto
Pacific Highway. The Oregon Department of Transporation
has reviewed the applicant' s plan and granted conditional
approval. (See attached letter)
B. NPO # 1 POLICIES
POLICY 18 : Pacific Highway is developing as a strip
commercial highway. The traffic carrying capacity of this
highway should have the highest priority and adjacent
commercial development should be subordinated to this need .
POLICY 19 : In the interest of safety and efficiency, the
number of highway access points must be kept to a minimum.
Wherever possible, businesses on Pacific Highway should be
clustered and share common parking facilities and driveways.
As a new development occurs, the number of access points
should not exceed the number necessary for proper on-site
traffic circulation and where possible should be combined
with access to adjacent businesses .
POLICY 20 : Highway-oriented commercial busine ses should
have priority use of Pacific Highway frontage because they
are dependent upon the volume of through traffic for their
business .
POLICY 21 : Businesses on Pacific Highway should be oriented
to the existing traffic and not draw additional traffic
from the adjacent community. Convenience or neighborhood
centers should, therefore, be prohibited from locating on
Pacific Highway .
C. APPLICABLE POLICIES FROM ENVIORNMENTAL DESIGN AND OPEN SPACE
PLAN
POLICY 1 . Designate areas of physical limitation (poorly
drained, seasonally flooded, ground in':+-ability) and
incorporate these designations in the City zoning Ordinance
and Map, and develop graduated development restrictions
according to the distinct characteristics of the constraints
and anticipated limitations .
C
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SAI'F REPORT
M 3-82
Page 4
A portion of the site is designated wetlands and is
subject to requirements under Chapter 18. 57 of the
Tigard Zoning Code.
POLICY 3 . The City shall restrict alteration of natural
drainageways unless it can be demonstrated that the benefits
are greater than the detrimental effects. Other jurisdictions
in the Fanno Creek Basin shall be encouraged to do the same.
The applicant has submitted detailed information as
required under Chapter 18 . 57 of the Tigard Municipal Code
to demonstrate how thud applicant's proposal may improve
the existing drainageway.
POLICY 5. The City shall adopt an ordinance to regulate
the removal and/or replacement of existing natural vegetation
in designated areas , e.g. floodplains, drainageways , areas
of high visibility, unique habitats , or rare species .
Significant trees or stands of lumber shall be p':otected.
Chapter 18 . 57 of the Tigard Municipal Code regulates
activity within drainagewa}-s .
POLICY 6 . Require a site development report, e.g. hydrology,
soils , geology, for major projects in designated areas ;
and a statement reflecting methods to be used to minimize
the runoff erosion impact of the development on the
surrounding area and downstream properties .
The applicant has submitted documents as required under Chapter
18. 57 of the Tigard Municipal Code including a site plan and
a narrative addressing impacts of the proposal on runoff and
erosion.
D. TIGARD MUNICIPAL CODE
Chapter 18 . 57 Sensitive Lands
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
lands areas are designated as such in order to give
recognition to the need to protect the public health,
safety and welfare of 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 natural drainageways from encroaching
uses which threaten to affect adversely the property rights
of the citizenry of the community, public safety, and the
2ublic health by_natural conditions arising from u2stream
or downstream flood levels .
STAFF REPORT
M 3-82
Page 5
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 :
(1) "Drainageways" are defined as those areas which
convey significant seasonal concentrations of water
over the surface of the land.
(12) "Steeply sloping lands" means portions of the
ground surface which have a slope of twelve percent
or greater.
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 . 060 :
(1) Within drainageways/greenways and steeply sloping lands :
(A) Fill , grading, excavating,
(B) Structures ,
(C) Off-street parking and maneuvering areas , access-
ways and service drives located on the ground surface,
(D) Roadways , bridges or utility facilities ,
(E) Removing any live vegetation other than poison
oak, tansy ragwort , blackberry or any other noxious
vegetation;
The applicant 's proposal includes fill and excavation within
the drainageway and steep slopes.
18 . 57 . 060 Special Use Permits . The applicant has provided
the staff and Hearings Officer adequate information to make
a decision on the proposal .
18 . 57 .070 Standards
(b) Application for a special use permit in a drain-
ageway area shall be granted or denied in accordance
with the following standard:
The proposed action must not adversely impact runoff
erosion , ground stability, water quality, groundwater
level, flow ratcs, or flooding.
(c) Application for a special use permit in a steeply
sloping land area shall be granted or denied in accordance
with the following standard :
Applicant 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.
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STAFF REPORT
M 3-82
Page 6
The applicant ' s narrative (attached) addresses standards
required for action on a Sensitive Lands Permit to allow fill
and excavation in a drainageway and on steep slopes. The City
Engineer has reviewed the applicants narrative and finds that
the proposal will not adversely impact runoff, erosion, ground
stability, water quality, groundwater level, flow rates , or
flooding. In addition, the City Engineer will require that
site storage is capable of holding runoff to current levels,
or improvement of downstream facilities will be required
to handle increased runoff capacity.
B. STAFF ANALYSIS AND CONCLUSIONS
After review of the technical data submitted by the applicant, it
is the opinion of the City Engineer and planning staff that the
proposal will not adversely impact runoff, erosion, ground stability,
water quality, groundwater levels, flow rates , or flooding. Further,
it is staff 's opinion that the applicant 's proposal does not violate
the intent of the Sensitive Lands Ordinance.
Staff recommends approval of Sensitive Lands Permit. M 3-82 with
conditions as follows :
1. A soils report and detailed grading plans shall be submitted
to the City for review prior to issuance of any permits
for site work .
2 . The City Engineer shall be satisfied that the applicant 's
proposal for on site storm retention is adequate to hold
runoff to current levels or the City Engineer shall specify
offsite improvements on downstream facilities to accomodate
increased runoff .
3 . Detailed engineering plans for storm drainage, sanitary
sewer lines and public improvement plans for 99W and the
access road shall be submitted to and approved by the
City's Engineering Division prior to issuance of Building
Permits. Public improvements plans shall include, traffic
signals , street lights, curbs and sidewalks . All public
improvements shall be bonded for 100% of the estimated
cost thereof prior to issuance of Building Permits .
4 . All conditions attached to CPR 4-82 and ZC 18-82 shall
be met prior to issuance of Building Permits.
5. An access agreement for use of the site access road by
adjoining property owners shall be filed and approved
by the City 's Engineering Division prior to issuance
of Build :ng Permits.
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STAFF REPORT
M 3-82
Page 7 I
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PREPARED BY: Eliz eth A. EJefin t
Associate Planner
/../ra A i 44 G AI GJ 4
REVIEWED BY: i iam A. o aha
Director of Planning and Development-
424. 44, CIA/M,U ht_
REVIEWED BY: ran A. Currie
P blic Works Director
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