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M 3-82 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. TdOP • • M 8 3- J 251B IiIS 2CC lots 00 20.0 r 500 i 8004.807 , 4,H�� 90 w. • • • !' SII • d ' P"I :•'"'F ` tar h ,.i'*18»e I14y ,,, d ;. M u:.,,.,,�<r . -... . ._ .+,..r ,,,._,.,,,„, ,•,,-, .. . .. • • • ': BEFORE THE HEARINGS OFFICER FOR THE CITY OF TIGARD IN THE MATTER OF THE APPLICATION FOR ). A SENSITIVE LANDS PERMIT TO REROUTE ) No. STORM AND SANITARY. SEWER LINES AND FILL ) AN EXISTING DRAINAGEWAY ANT) STEEPLY ) M 3-82 ) SLOPING LAND; J.B. Bishop, Applicant.. ) The above-entitled matter came before the Hearings Officer at the regularly scheduled meeting of October 28, 1982, at which • time to ti;ac ' , evidence and the planning 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 K _ a therefore IT IS HEREBY ORDERED: M 3-82 is approved subject to the following conditions I. A soils report and detailed grading plans shall be submitted to the City for review prior to issuance ofany 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 tC • ' current ;levels or the; City Engineer shall specify off-site improve- , lents on downstream facilities to accomodaLe increased runoff. 3. 1etaiied engineering plans for storm drainage, Sanitary sewer lines.: and public improvement plans for 99W and the access road shall be stthmi-ted. to and approved by the City' s grtgineeting M 3-82 Page 2 Division prior to issuance of Building Permits. Public improve- ments plans shall include trafficsignals .. strreet 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- :: meats. 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 propetty owners shall be filed and approved by the City' s Engineering Division prior to issuance ofBuilding Permits. DAT ;.) this `O day of November, 1982: IIEARII GS O `FICER APPROVE CI1Y CSF TIG.Altd WASHINGT JN CO&iNT',OREGON NOTICE OF FINAL DECISION 1. The final decision wasfiled by: HEARINGS OFFICER Concerning M 3-82 on _November 10, 1982 : Case Number Date 2 a Name of Owner: J B Bishop • 3. Name of Applicant: J B : Bishop Address 10505 S .W. Barbur Blvd. S-303 City Portland State Ore. 4. Location of Property: E��.st side of S.W. Pacific Hwy. Approx. 100 ft. south of Address -� -- Garrett. Legal Description 2S1 2CC lots 100, 200, 500 800 , 801 & 900. 5. Nature of Application: Sensitive�nsitive Lands Permit to reroute storm and ,o. sanitary sewer lines and fill an existing drainageway and steeply s Lop ing an . 6. Action: Approval as requested r Approval with conditions • Denial 7. Notice: *Notice was published in the newspaper & was mailed to: The applicant & owners X Owners of record within the required distance IXJ The affected Neighborhood Planning Organization X Affected governmental agencies *If there are questions regarding the names of the persons or agencies who received notice, this information is available at the Planning Department. 8. Final Decision: The adopted findings of fact, decision; and statement of condition can be obtained from the Planning Director, City of Tigard, City Hall; 12755 SW Tigard)AsOregon 97223. Inhthe YcaseoOr a3 decision on an application for a variance,Ge, the applicant must acknowledge this form and return it to the City of Tigard, Planning Director, before any building permits will be issued or engineering approval given; Signature of Applicant or Applicant's Agent Date -ovar= 9. Appeal: An appeal , f has been filed ' x ( has not been filed... Note: Any party to the decision may appeal this decision.. in accordance with Section 18.84.250., which provides that a written appeal may be filed; .within fourteen days after notice is given and seat. Notice is given on November 10, 198,3 therefore the .deadline for filing of an appeal is November 24, 1982 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639-4171 . CONDITIONSe 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 off-site improvements on 1 downstream facilities to accomodate increased runoff. 3. Detailed engineering plans for storm drainage, sanitary sewer lines and public improvements 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 I 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 requii;ements for state improvements. 4 . All conditions attached to PPR 4-82 and ZC 18-82 shallbe 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 Engineering Division prior to issuance of Building Permits -'� s r • 4p1 yr 411 Or' rl CITY OF-TIGARD, OREGON • •NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN`THAT THE CITY OF TI ARD'S HEARINGS OFFICER,.AT A MEETING ON October 28 , 1982 , at 7 :00 P,M. IN THE CONFERENCE ROOM OF THE DURHAM WASTE TREATMENT, PLANT, CORNER OF S.W. HALL BLVD. AND S.W. DURHAM ROAD, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: FILE No. M. 3-82 • NPO .# 1 APPLICANT: J B Bishop • OWNER: same • 10505 S::W. Bar;hur S-303 Portland, Oregon . 97219 • • RE UEST: FQi• a Sensitive Lands Permit to reroute public storm • and sanitary sewers, as well as fill of an existing drainagevyay, and steeply sloping land • . LOCATION: East side of Highway 99W between S.W. Park street and S.W. •Watkins eet. (Washington County Tax Map 281 2CC tax lots 10.0 , 200, 500 , 800, 801 and 900. ) (See ideation mapon the reverG.e side) ' Tag PUBLIC HEARING ON THIS MATTER WILL BE CONDDUCTEMONY ACCORDANCE WITH THE ROLES OF PROCEDURE OF THE HEARING,, OF/ICER. SUBMITTED IN , W1ZTING TO BE ENTERED INTO THE RECORDS PLEASE CONTACT THE PLANNING DIRECTOR AT 639-417'x. r'OR FURTHER INFORMATION, TIGARD CITY HALL IS LOCATED AT: 12755' SW ASH AVEN[IE, TIGARD,, OREGON, 97223 - THE CORNER OF ASH AND BURDAM STREET0 • 1. r.' ' 1 ! IP' . Nii . ' . illolo'..---- ' re • Iv*. lir v, 1 t 6`. ,�®r.. II I!I� ® sTR�„ • (111)140.00,j1ill,k4Ity` I1. A4 ,"410 `,. , , ion!rim -= `-r- --~.. ■••� e► : � 111 . / 4„,„,,0••iik ,.n. k:. iA10 . _j__,EaLlt 416 41111:wit . , ® rte i ® L . .�/ . , 4.4,�!!► *, $ ..,_ _t, ..,. .., 1011, . 4 . I 0.11ILIPAO. Olt, .# ‘ .,i., ®� ® i( ui' 4 TE ''': ' ` t s !i ' !ZI11 * t le-` �,, ®,` la ilijkinie m111111 , — TI =low rAi. ES- 4 kIII ill NI! rtejill - Ill- ‘' AMS S7REEt 4_... '..: .3 ®®" I ...1 ®� { al s ,. I ® . : / ` �� :/ ' I..... .. ... ; 1 . -,f...„. ,...,,.._ ,....._•Vld W. I TERRACE r.. . 5_ I �w . �_ " INdz 1 I 4 . , !il Q'y�� um LAME.t „ . • 4 t.c . 'URDGCR/ : . . HL. - PE. - ' . 4.' I .1_. . 6R'OK ® ' - k a� • � .. ...v a �1.. " .: hyieno . y.,. ... SW ilUiitiOGk i 9T-EFT .® ®®11 I MIR • ® H 1: ►ah' = T VE c uk NUN s a.. I • r 1 LfILli7L t 11 �. I { .. _ am „. . ri- A E t . I. 11 WASHINGTON COUNTY,OREGON GENENAL AY['LICATION FOR ___bL.._,i_9..._. _cy9.,4_____:` CASE deo. , CITY OF TIGARD, 12755 SW As6, PO Box 23397 RECEIPT No. _, Tigard, Oregon 97223 -'(503)639-�►is^, i 1.. GENERAL INFORMATION FOR STAFF USE ONLY: PROPERTY ADDRESS Eastside Hwy /9, frontage from (,north f Associated Cases; Park Street and (south) t i tree see a a e LEnAL DESCRIPTION2512C TL 100,200,500,801, 800 & 900 , • r , INTERNAL PROCESSING: ccfor P - Ap --- A ended Pre -App.. 1.2. 06 AC SITE,SIZE * JB Bishop 200, 5.00 cee a ch By.------------- ' PROPERTY OW► EK/bEED BOLDER _.- • Suite 303. 10505 S.W. Barbur PHONE 232-6599 - ----r—_. -:- ADQRESS - Pre-App.: • .....------ 9 7 2'19 Portland and ZIP , YTY ---- • .�.-- w Date.'g time: •APPLICANT* JB B.,.shop ''�' .f`�'' Same • • • PHONE -2:•y2.-6 d"� 7�' AccepGed for Decision ADDRESS - , CITY. t( ZIP 2. „±2/ *Where the owner and the applicant are different people, the applicant must be the purchaser of cet.ord or a leasee in , Hear us, a e: possession with written authorization from the owner or an . :. • ! • agent of the owner with written .author tr.at'ion.: The Varitten Hear ng set To: authorization must be submitted with this application. 2. REQUIRED LETTER OP AUTHORIZATION IS ATTACHED ® YES L] NO. - D_ecxsaon: filed � mailed 3. THIS APPLICATION INVOLVES THE FOLLOWING: APT'.IEEE 'PILED PAID Accepted for Appea Comprehensive Plan Amendment ._..: pl, • _.'_._. from to I By: • • quasi-judicial legislative.. . Date of Hearing. Zone Change from __to • r quasi-jjudicial �`�DESCRI4�IQN: •• .. legislative • Planned Unit Development Coupe Plan Designat1on: concept plan detailed plan NPOo. Subdivision Major Partition Zoning 11itriCt Minor Partition. g � _._._._._,„_.-•• Zoning Reap (N o Desi n Review Conditional Use Zoning Ordinance � - , . i.'-‘` � Variance to �. &r�ctaon Rlo: `� (Title �.8� _.... -. 4 Quarte Variance to Subdavieion Ord, LsiuveLi;nd tle 17) _ • ST PermittAl Flood leans , . . y1dy,' w i XDraanagewaye '"It"- Steep Sloped - � C� `TlCi�1RD� y ... .. ....: ..6.. . .._.., a... ..«.0 . .:. ...._ a • , • ' it •• ,...,,,,, GENERAL APPLICATION �'ORaq,.- PACE 2 • CASE No. . ?1' CITY OF TIGARD, 12755 SW Ash;e0 Box 23397 ''',/ . Tigard A Oregon 97223 - (503)639-4171 - • l SUPPLEMENTAL INFORMATION (TO BE PROVI )ED BY APPLICANT) FAR STAFF ! SE ONLY_ ' • • Not ice of Response L 4. DISTRICTS At . . n • ;- - ' • • 'es o Yes ;*C- SCHOOL DISTRICT Tigard, School District •VATER DISTRICT Tigard Water District • } FIRE DISTRICT Tualatin 1 ural P.P.D.' . • •* .• • PARK DISTRICT . City of Tigard .�•' • � _ 11 • UNIFIED SEWERAGE AGENCY - Sewer Available: YES II NO : _ . • OTHER • t. , • 5.' ,PUBLIC UTILE ITIES • ' ELECTRICITY. Portland (en.eral•'Ele.ctr'ic ' • '. ,NATURAL CAS :Nora .:Test Natural Gas . ... . TELEPHONE General Telephone OTHER. .b: PUBLIC TRANSIT (TRI MET) • • P Route 44 (Sherwood).-. . •,.: NEAREST BUS itOUTE AND SxOPr y 7. . OTHER INTERESTED AGENCIES (SPECIFY°) • _ , 8 CHARACTER QP .TSE AREA EXISTING LAND USE PAN DESIGt.ATION ZONE . �. VERIFIED BY STAFF NORTi , . • s Commercial 4OuT11 M u1.ti-Fa ma.ly Res: •• • .EAST . , ixigl e Paniil y 110. WEST. • • • 1Commercial ..i .... ti ra, - - .,.. ,.. ._... I J ...... . .. - .. r•. ..... via. _.,.V ' VEOERAIAPPLICATION FORA -- PACE 3 CASE No. • • a• CIOF TIGARD, 12755 SW Ast , Po Sox 23397 Tigard, Oregon 97223 - (503)639-4171 ' • 9. CHANCES IN THE CHARACTER OF THE AREA WHICH AFFECT THIS APPLICATION. Please Discuss: k1. Existing commercial/retail on two sides - bringing currenf.iy zoned commercial property to a level of deve1.oPment commensurate with the growth of the area. • . , 10. . DESCRIPTION OF THE SITE ' Lot Area (acres, square fait)_____,._.*_,12.06 AC 52 ,33SF °"'.." 11. EXISTING STRUCTURES ON THE SITE Distance From Pro ert ' Suare Lane Feet North r South 'East West Qse 4 : 16,E 1. Heintz Eur.opee.n Auto Repair ,00 00± 20 ., priva.t.e residence :(;to be •removed) 2, Retail +building (newly cons t:r) 4600 20 �80 (to retain as shown on site, '', NATURAL CONDITIONS .12. Percent Slope: ' Average Diameter Percent Of Faciaf3 +V+�getat$on;Tvges;• YesA10 Size Of Trees Per S . is ,...... ,. under 1.2 ii _ � 2 Trees a � ___109t1,....:••,____„ .. i' - 24" 30 G ii & up 20% GrasS" = Floodplainsl Haw mach the site is n !fA oo X - Hp];a►1�4:. Wane.: .' ''15• Water Courses X - Whattypp'�_____TYA •16. gook oritcroppings unknown Please briefly ciesc tide ��e ptoposP� de v'elopatents;,,; _ 8. p opbsed pe_e`lo}meht: le Development of cougnercia.11y zoned land to a major shopping center, relying on ,,-- ' facilities as well as fillip• of an ' ` e s relocation of storm a'nd sanitary . ' drai age swalew :. GENERAL' APPLICATION FORPit P CE 4 tzsSL No. CITY OF TIGARD, 122755 SW Ash, PO Box 23397 Tigard, Oregon 97223 (503)639-4171 * 19.. The: following is D� is not E1111 • required. 20. Overall; Site Development ° ( andscap�"ng);, (Pavnc ) Residential Commercial Industrial !Open Space Other Riot's Total tta. of acre � or square -"" 136;949 78,947. 308,838 beet ,er use• ..�..._.�..�. Percent of sit: i 26%. — 15% 5i% 100% covera_e .-... 21. TT pe of Residential Use and. Characteristics # of SedroomstUflit ' e of Use I of Units EFF. 1 2 3 .4 ' Pro.osed'Density None; to remain .:_. _ 22. Where appii�:able, please explain how the open space, common areas, aid recreational facilities will be maintained. ,N/A • ' • 23. If the projeot is to be completed in phases, please describe each phase of the project. • One Phase. . { 4 * Stiff to nl i,.dehtity for yOu, rtetheyr: this.-seat on is to be c.ouipleted , _ n �.� -tea:. 1 a' is #GEN AL APPAT LICION', FOR PAGE 5 w, cAE No►. 1 I CITY OF TI GIRD, 12755 ,SW Asha PO Box 23397 ,.. Tigard .•Ore g on '97223 (503)639-4171 : .O OF EACH 1'EAt�iin • � BY ° BE APPLT.CANT, SHALL BE NOTIFIE THE FOLLOWI2�G PEOPLE, AS REQUESTED Staff 'Notice ' r1: (e.g. Attorney, Surveyor, Engineer) ,art D.}ec .s'ion .of RevievL Notice Die { �Tau�e David G. Larson,. c/o Mackenzi _n e Er�L, eer rag . 0690 S W. Bancroft 5treeC . + , Portland • State OR gi�972 Ol . . 4"----Jim Wright c/a Brun, Moreland & Chr .afo he:. Natio 1020 S.W. 10th Ave. . --- Og Zi,� 97205 .. t Portland � State ---�. ' Cx ' , • Name Streei 4 4 Stat Zip • e iw.r p4E: F+i� . CAt ___. APPLICANT , OS P JB Bishop + -• u., . • • Lam•a ..r.. ♦ •' .. - .. + ♦ • ' v r-: STAPP REPORT AGENDA ITEM . 2„ 1: CITY OF TIGARr 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 4 A. FINDINGS OF FACT ,, 1. 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: Eased 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.W. PacificHighway approximately 1000 feet south of Garrett, (Washington County tax Map 251 2CC tax lots 100, 200, 500 , 800 , 801 & 900 . LOT AREA: 12.C6 acres PRESENT ZONE DESI: NATION CP and CP/C3 (see a't'tached map) . NPO COMMENT: NPO 0 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 dr ainac°eway and relocation' of the sewer and storm drain lines PUBLIC NOTICES MAILED: Public notices were mailed to 48 surrounding property owners on October 190 1982. Na written responses were received. a 2 . BACKGROUND There is an existing building on tax lot 900 with two tenants, the Tigard Paint Store and Peeks and Stongs Potato Pub.. Peeks and Stongs potato Pub received a conditonal' use permit (CU 7-82) to operate a restaurant in a OP zone. On October 190 19£320 the Tigard planning Commission unanimbtisly apprn 'ed a zone change request from CP to C-3 anti a Comprehensive Plan Revision from Commercial Professional to Retail Commercial. STAFF REPORT { M 3-82 . Page 2 3. VICINITY INFORMATION The property to the northeast is developed as commercial. PI The land to the west and 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 `he 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?a.int 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 111in the Tigard Times on October 14 , 1982. Land Use Planning: Goal 2 -^ All applicable LCDC goals and. 111 guidelines , NPO #1 policies and Tigard Municipal Code sections have been considered in review of the application: IIINatural Disasters and Hazards Goal 7 The intent Of this goal is to insure that any development which occur, in an area of natural hazards shall incorporate appropriate ill 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 cage of I. 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 Ordinanc 3 which will be evaluated for compli?Y+ne prior to approval of the Sensitive Lands Permit. Economy: coal 9 - The purpose of this goal is to diversify and improve the economy of the State. Presentl w', the property is not ,being utilized to its full potentials The property is in a prime retail commercial location: The applicant intends to construct a l22,80.5> u. ;dare foot shopping center , on the site. The center will provide, approximately 230 jobs' 6 for the community, In addition, the zhoPPing center will provide a serVil.,te to residents in the al-...ea. STAFF REPORT -. 3- 82 Page 3 Public Facilities and Services: Goal 11 - The purpose of this goal is Co insure the provision cT 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 r Pacific Highway. Thr: Oregon Department of Transporation has reviewed the applicant' s plan and granted conditional approval: (See attached letter) B. NPO.. # :1 POLICIES POLICY 13 : 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 nP , 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 businesses 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 adl.itional traffic from the adjacent comMUi ity. 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 floo6ed, ground instability) 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: • STAFF REPORT ,. M J-82 Page Aportion 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 tha same. The applicant has submitted detailed information as required under Chapter 18.57 of the Tigard Municipal Code to demonstratehow the applicant's proposal may improve ' ,. the existing drainageway. POOLICY 5. The City shall adopt an ordinance to regulate the removal and/or replacement of existing natural vegetation in designated areas, e.g. tloodplains, drainageways, areas of high visibility, unique habitats, or rare species. Significant trees or stands of lumber shall be protected. Chapter 18. 57 of the Tigard Municipal Code regulates activity within drainageways. POLICY 6 . Require a site development report, e.g. hydrology, li 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 impactsproposal on runoff and erosiontive addressing of the D. TIGARBD 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 drairlageway, or on `steep slopes. Sensitive lands areas: are, designated aS such in order to give recognition to the need to protect the punlic health, safety and welfare of the community throug? the regulation /` and control of lands within floodplains , dt«inageways, and / steeply s. cpingland areas, and to thereby mitigate potential financial burdens arising from flo<'d damage / loss and to ereaerve natural_draina•ewa s from encroach n uses Which threaten to affect adversel the ro•ert ri•hte of the citizenry of the Community, publi. safety,, and the Eublic health by natural conditions arisin from upstream or downstream flood levels. STAFF REPORT 4 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 lana. (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 hermit. Tne following uses and activities are allowed only by special use permit gran4;ed by the Koarings 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 -reas, access ways and service drives located on the ground sur:__"aCe, (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 Spec a7.__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 iii: a drain- ageway a.r.sa 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 rates, 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 standara Applicant must supply affirmative documentation that the proposed action will :not :adversely impact runoff, erosiou, ground stability, water quality, groundwater _. that or flooding; and the site can support the propos,d modification or structure as designed. ID SS t STAFF REPORT ` M 3-u2 Page 6 The. a plicant' s narrativ(� (attached) addresses standards fit L ', � required for action on a Sensitive Lands Pyr n steep slopes. The City r. and excavation in a drainagew�i.cantssnarratve and finds that Engineer has reviewed the app ground the proposal will not adversely impact runoff, erosion, 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 CONCLUSIOI.TS the applicant, it • After review of the te10Eng' neerl data sandlpl'annbng staff that the is the opinion of the City hstability, proposal will not adversely impact runoff, erosion, ground water quality, groundwater levels,, flowntates or flooding.not violate ; , it is staff 's opinion that the app 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 cL. :ailed grading plans shall be submitted to the City for review prior to issuance of any permits ti.. for site work. 2 . The City Engineer shall be satisfied. that .the applicant's proposal for on site store: retention is adequate to hold runoff to current s sCitythe tEngineer ilties specify offsite improvemeniondownre ishall accomodate a 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 T 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 CPTH 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 shallbe filed and approved: by the City`s Errgineera,ng Division prior to issuance � of Building Permits. N STAFF REPORT M 3-82 Page 7 \ le fh it-in - '% eilfret6- PREPARED BY: Eliz, eth A.Neon Associate Planner ti � � Mb h o aha)..P/�I t f:IA A/ ..4LJ�i. REVIEWED BY: i. am A. . a i Director of Planning and Development oll c- REVIEWED Bis anlA. Gurria P bile Works Director . .. • h TIGARI iAi►�JIIL` RACaE CLINIC, P physicians and surgeons TIGARD MEDICAL CENTER 13200• s.w. pacific highway • tigard, Oregon 97223 • 563/639-7671 October :20, (982 Lim.Nt wton Planning Officer ! Cityof Tigard P.O.. Boit 23397 Tigard, OR97223 p Re: Request for Sensitive Lands Perrhit, J.B t F315,11° !,....,1"'..1,H2.2.1‘1,,„_,,• File ##N3_�_ Dear Liz: I aM concerned about the effect of Bishop's de elopments on my property; 1, am the current owner of tax'lots 4301, 2300,. and 2200. . A\ � ', My concern is that putting a significant area of: blacktop and buildings upstream would' it significaritry s`ncr:!e e the downstream run-off of storm drainage.and that there may be inadequate capacities', causing flooding in my parking lot. I ues� , , to�eccomrydate the additional run-off or require storage ups is adequate q cnat the city either insure that the downstream � gupstream : Sircer 4y; J R, Martin Johnson, Iv•17 RWIJlmmd (meDic) B8/ • . AFFIDAVIT OF MALULNG STATE OF OREGON ) County of Washington ) ss. City of Tigard I Diane M. Jelderks, being first duly sworn., on oath despose and say: That I axt a Secretary for the City of Tigard, Csiegcn That I served notice of hearing of the Tigard Heik'Q2flt4 arprex ICell_ of which the attached is a oo r. t•:eked Exhibit A) upon ch of the following nod persons on the / 5 day of' , 1982, by nailing to each of thin at the address shown on the attached list (,Marked Exhibit B) , said notice as hereto attached, desposited in the United States Mail, on the /425 day of , 1982, postage prepaid. : n Pa p .411 ' Subsc ti bed and sworn to before ne on the _/ f" day of 19 Se., -;(41 , 82 .,. • • • "+r w w t '7+4aIf a _ C OF OREGON .My Con miss On Expires: - � F • • I STAFF REPORTc.`,„AGENDA ITEM 5.2 I TIGARD PLANNING COMMISSION '''% w ,1 / ' c- OCTOBER. 19, 19&2 - 7:30 PM '' �" I' -�h ..,. FOWLER JUNIOR HIGH SCHOOL .,. M -.•w--A.- - ..„. 10865 Si WALNUT, TIGARD, OREGON A. GENERAL FINDINGS OF FACT ' 1. GENERAL INFORAMTION , 4 ; Lo7 f"' «'. P i" • Case: CPR 4-82 (Comprehensive Plan Revision) NPO' #1 r""„ �✓ ' ` • ZC 18-82 (Zone Change) f � : -*' Request: The applicant is reqesting a Comprehensive Plan Revision • from Commercial Professional General Commercial to General !; Commercial on. Tax Map. 2S1 2CC tax. lots 200 & 500 and from Commercial Professional to General Commercial on tax map • 2S1 2CC lots 100, 801 & 900. Also a request for a zonechange from CP/C3 to C3 on Tax : Map 2S1 2CC tai lots 200 & r3 500 and from CP to ;, on Tax Map 251 2CC tax lots 100, 801 & 900. Recommendation Based on staff's analysis and surrounding land uses, staff recommends that the Planning Commission recommend to the City Council approval of the Comprehensive Plan Revision from: Commercial Professional and Commercial Professional/General Commercial to General Commercial. x Staff also recommends that the Planning Commission approve the zone change request from C3/CP and CP to Cao Applicant JB Bishop 10505 SW Barbur Blvd. Suite 303 Portland, Oregon 97219 Owner Same `Location The site is: generally located on the east side of Pacific Highway, approximately 1000 feet south of SW Garrett, c. Tax Map 2S1 2CC- Tax La ,, 500, 801 and 900). 100, 200; Fr Lot Area 8.6.6 Acres Present Comprehensive Plat Designation ;: Commercial professional and Commercial Professional/Retail Commercial. (See attached map). Present Z-ening designation • CP and CP/03 '(see attached map) if 1; PAGE 2 STAFF REPORT AGENDA ITEM 5.2 TIGARD PLANNING COMMISSION MEETING OCTOBER 19, 1982 NPO Comment NPO 41 reviewed this application at their regular meeting of October 6, 1982. NPO #1 noted unanimously to concur with the applicant request for a zone change and comprehensive plan reivision. (See attached Exhibit A). Public Notices Mailed 47 notices were mailed. No comments had been received at the writing of this report. 2. BACKGROUND There is an existing building on taL lot 900 with two tenants, the Tigard Paint Store and Feeks and Stongs Potato Pub. Feeks and Stongs Potato Pub received conditional use permit (CU7t-82) to operate a restaurant in a CP zone. 3.. VICINITY INFORMATION. The surrounding land .uses are as follows: The property to the northeast is developed as commercial. The land to the west and south is zoned and developed . as single family residential. The property across Pacific Highway is designated and partially developed for commercial uses t 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 southwest end of the site which is occupiedby the Tigard` Paint Center and Feeks and Stongs Potato Pub. Adjacent to that is the Heins Auto Europe Auto Repair Shp. The remaining 10.5 acres is undevloped. The property slopes towards thesoutheast and has several large trees along the south and western boundaries. The rem4inder. of the site is densely covered:with brush and grass. B. APPLICABLE PLANNING POLICIES ` 1. LCDC�STATE;WIDE PLANNING COALS a. 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. Notices were mailed to all Owners of record within 250 feet of the site. A public notice was published in the Tigard . Times on, October 7t 1981. NPO #i reviewed the request on October 6, 1982 (see attached Exhibit A). b. Land Use: , Goal #2 Ail applicable LCDC Coals and Guidelines; NPO #1 policies and Tigard Municipal Code sections Were ronsidered in review of this application. PAGE 3 STAFF REPORT AGENDA ITEM 5.2 TIGARD PLANNING COMMISSION MEETING OCTOBER 19, 1982 c. 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 constru't 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. d. Public Facilities and Services: Goal #11 - The purpose of this goal is to insure theprovision .of public facilities to the P 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. e. Transportation: Goal #12 - The intent of this goal is to provide + a safe convenient and economic transportation system. The site is accessible from. Pacific Highway. The applicant has proposed points Oregon .:: • �, three access onto Pacific Highway. The Department of Transportation has reviewed the applicant's plan and granted conditional approval. (See attached,letter Exhibit B.) 1 2. NPO #1 POLICIES POLICY 18: Pacific Highway is developing as a ,_rip commercial k 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 m.lnimum. Wherever possible; , businesses on Pacific Highway should be clustered and : share common parking facilities and driveways. As 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. fi POLICY 20: ' Highway-oriented commercial 'businesses should have priority use of Pacific Highway frontage because they are dependent upotc 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. 111 • PAGE" 4 STAFF REPORT AGENDA ITEM 5.2 TIGARD PLANNING COMMISSION MEETING OCTOBER 19, 19$2 The proposed shopping center will have three access points onto t. Pacific, two whi,.:h are, existing. In addition, the shopping, center, will be convenient for area residents allowing them to stay in the. nei MA.CKENZIE ENGINEERING TCORPORATED • y.. September 30, 1982 City of Tigard Hearings Officer 12755 S.W. Ash Avenue Tigard, Oregon 97223 Hearings Officer: RE: Tigard East Shopping Complex Sensitive Lands Application On behalf of JB Bishop, Mackenzie Engineering, Inc. is pleased to submit the accompanying documents for your review and consideration. The proposal includes rerouting public storm and sanitary sewers, as well as fill of an existing drainageway and steeply sloping land. I understand that today' s submittal will result in a hearing date of October 14, 1982. Sincerely, David G. Larson, P.E. Project Engineer DOL/a8 cc: JB Bishop rt ['.) C TIPASEP 3019 2 Cr Y OF TIGARD P' A NIIINC DEPT. Prinnalt,als Thofias R Maokehm Lrto t.Salto M,(bl.5reShears 0600 SAM EtANOI OlFT STREET e Po TL:ANO, OREGON 0720 . • PHONE Soa/224-0560 i y v INTRODUCTION The following' narrative will, provide brief responses to the Tigard Zoning Ordinance criteria for a sensitive lands permit. The proposal includes l. . Structural fill in the major drainage swale. 2. Relocation of, public storm and sanitary sewerage facilities. 3. Reduction in total steeply sloping land. These major elements will be undertaken to accomodate pro- posed building, landscaping, and traffic circulation improvements. , ( In addition to these verbui statements addressing Sections 18. 57. 040, . 060, and ". 070 (Sensitive Lands) , a site plan has been prepared and accompanies this application. Additionally, engineering calculations of the drainage area tributary to the proposed project have been submitted to the City Engineer. It should be nc+',.ed that detailed site grading plans have not been generated for the site. Therefore, the cut and fill depicted on the site plan, as well as the pipe slopes and sixes, are approximate oily, and subject to revision and approval by the Director of Public Works prior to construction. A soils investigation is underway concurrently with the sub- mittal of this application pertinent elements are .discussed herein and shown on the site plan and cross sections. The complete omp lete soils report will be submitted to City staff at it' s earliest availability: A, °The proposed action will not adversely impact runoff, erosion, ground stability, water quality, groundwater ding." (18. 57: 070 (a) 2 (b) ) level, flow rates or Elco 1: Runoff. The development of any property increases the percentage of rainfall that leaves the site. The City of Tigard enforces a runoff detention ordinance, which ensures that downstream facilities do not experience greater flows. This technique is recommended for this facilities are. of site, since downstream drainage �. questionable capacity. 2. grucion , In general, the proposal is for flatter slopes than currently exist on the site. With the introduction of landscaping, as well as paved surfaces and subsurface rainfall ds.s bsa]: z p , erosion will be nearly eliminated. 3:: C7round Stability: The improvement of drainage and flattening of slopes will serve to nearly eliminate the possibility of landslides or other ground movement conditions: : 4. Water Quality: The improvements to the site will include drainage fac,iiitiesspecified by the Uniform Plumbing Code to ensure proper handling of surfarie water disposal. 5. Groundwater level: The paves:+qx of the ground surface acts to redude the available groundwater. However, water toresidences and businesses is available via the Tigard Water Distict, 6. Flow rates and flooding: The discussion of runoff in item #1 above refers to stormwater detention. This vi1l be provided in order to "meter" the runoff from the developed site, therefore eliminating any • impact on downstream properties as a result of the improvements. It should be noted that the proposal will not reduce the stormwater flow in the drainage area, but will Only re-route the flow in a closed conduit. B. "Applicant must supply affirmative documentation that the proposed action will not adversely impact runoff, eros o, gs.ound stability, water quality, groundwater level, or flooding; and that the site can support the proposed ( modification or structure as designed. " All items have been discussed under A, above. Further definition of site structural support will be available shortly via the soils report. At any rate, all fills will be engineered to the satisfaction of the Public Works Director and Building Official, including all pertinent documentation of compaction testing during construction, • • C te 1{ • GYP, DATE 2 �IC�A�.� p-� �T MACKENZIE ENGINEERING INCORPORATED CHKD.BY' DATE GI.dIE'% CONSULTING ENGINEERS n � JOFJ# IDrLSHEET NO. I OF_ .22. . .' 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' 4t� � e by ORS 193.010 and 193.020,published at 1:'orest Grove,in the aforesaid county,and Iv• t S.a ' $ ..4;4s1 gi-s,s. .�a. � � m z� state; that the legal notice, a printed copy of which is hereto annexed, was --2.jy • , m a u published in the entire issue of said newspaper for 1 successive and: # a 45 - .: 4--4f'd, J' C2ky w FG X71 consecutive weeks in the following issues _ 'a`a-_ •.`fl' , ' m CCTQB S�. 14, 19_8 0 41 _ a� 1j: nt ( 41 ' (Sig.-lure) ...;..'s s f+, .^+ 04.,..T..._—......7..1,4.1 Y.. ;.yc O Sbbacrzbed aid,swwrn t. .efEre me •s�.��-8 day of._— MITII. G_ Z• arl�. i x ,os Notary Public of Oregon... Qa°, r !�aov 1-',.., Cd exp /-- ..yv taco i At=C4 c-cn at v� icy commission unS - 7�i 5 ». L-`. L-. ..« . - aGli 7 • • Place under City o . .eig.ard Loge - ir The following will be considered by the Tigard Hearings Officer on October 28, 1982 at 7 : 00 P.M. at Durham Treatment Plant, corner of ;' S.W. Durham and: S.W. Hail, Tigard, Oregon. Further infort ation may be obtained from the Planning Director at 12755 S.W. Ash Ave. ., Tigard, Oregon 97223, or by calling 639-4171 PUBLIC HEARING 2. 1 SENSITIVE LANDS PERMIT M 3-82 ;7B Bishop NPO 4 1 A request by JS Bishop for a Sensitive Lands Permit to reroute public storm and sanitary sewers, as well as fill of an existing drainageway and steeply sloping land. Property is located east side of Hwy. 99 between S.W. ' Park street and S .W. Watkins Street. (Wash. Co. Tax Map 2S1 2CC tax lots 100 , 200, 500, 801, 800 and 900 . ) Written comments are encouraged, please submit to the Planning Director at the above a:dress in advance of the hearing dates f • • 1,.. TT publish 9/14/82 d • 8 .. 1- :f • 2S1 2CB, 1800 i1S1 3DD 100 • • WAHL"/% INCOME PROP. NW Cly ' �" ,,, GILBERT _. 1..0505 S.W. Barbu.e Blvd • 13610 S.W. Watkins Ave. �• 303 Tigard, Oregon . 97223 Btl. Or. 97219 1.802 ; 200 .. _2E7'RO ts.,.Cor I,NCER_ - �°,-,. ---f):0. Boax t'.. %' II 25905 N. Station f 13530. S.W. Wal;kzns �,,,� u ,;,'�,. � �°""'""'" + Tigard, Oregon 97223 a Seattle, 1Trla. 98125 r� ' , , ke ,..h 1900 300 HARRIS ENTERPRISES Inc. , PARROTT 1717 SW Madison 13570 S.W. Watkins ate:.. Portland, .0r. 97205 : Tigard, .Oregon. 97223 - - 2000 ' 400 SETNIKER SERRES/ % CAIN �. 11830 S.W. Caarde Rt. 4 Box 429 ' Tigard, Oregon 97223 Sherwood, Or. 97240 2100 , 500 BEr1 ' HUDSON OIC+ CO INC: 13300Hwy. Kansas. S.W.S W. Pacific .OsBoa 3100 Tigard, Oregon 97223 s City, Ka 66103 . 2200 BENTLEY/GI.A'Y Bill Geibel % TIGAI D MEDICAL CF•N'TER STate Highway Dept, 13200 S.W. Pacific Hwy. , 2131 S.W: 5cholls Ferry Rd. Tigard., Ore. 97223 Portland,: Oregon 97221 ix : 3500 PAGE/% ERICKSON acre Gruelich 5575 S.W. Menlo. Dr. Tualatin Fire District ,.,,K Beaverton, Or. 97005 P.O. Boat• 127 • ' 6 Tualatin, Oregon 97062 5100 ', SKEI 13535 S.W. Hargis Rd Beaverton, Or. 9700 i • 5300 1 • " W 2' PROPE12TIES 5332 S.W. Bairdj • Portland,. Oregon .: 97219 5400 N$►'VIISJ % DIDL L ., 5549 S.W. Bru[gger Portland, Oregon 97215 . , 5500 ' BYlOC fSC1INif 1590 NW 136th Portland, Oregon 97225 p .:.....: <..:.. -..:.. 'r .».. ."'..: ,�._..-.,. .uuw.u....:.\ . A • 1 - i :,Y � , . . ,Q. ..-._.. ....e,...,... .. ......... f »fit 11 l5 4600 3'B Bishop w 20GER.S . ' Y0505' S.W. Barbur S-303 LUTON % EADON 13470 S.W. Cresmer lir, , ` 15300 S.W. 116thAve. Portland, Ore. 97219 Ti Tigard, Oregon 97223 :a ?"` 9 g Tigard, Oregon 97223 u(2 nr v 1 4700 1�y • NPO # 1 600 aohri= CITY Y. P TIARA .,µ;, ° �� *i 11 P.O. BOX 2'397 1,'',7,7n ; TIGARD OR. 972123' ''''..‘'-,5*.',..,.....;. .` 5Vit; a ' ... by rioo TIGARD LODGE .1207 • " ' 15 615 S.W. Royal.cy I-rkwa 1. ,.: ... Tigard, Oregon 97223 CITY OF T N ARurft.......,"77.:,:,...'7',.'47:,1,47.7::,, .F a '.** tilifil/al.19.0 '4,fi ...,, . ..,-. . ..' '.. . P.0 BOX � ` TIG�Rf�• � ' Ft.a+ . - 43 :%I <f.. .. . l .... . .,, • 0 53n ��� n - FM E PECK/�IOFAN�� • !'. 4 I ; c��.��eHox gilsboro, G. s �:• , '.6 ' ' .. 1 L , T P I a a I. ... is H....:.W.:....• e..4 .. ..._. . ,'--• ., .. m. ..