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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. • • 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 KFF/dr I/ •. I/'. .r•..-.-.1\)) ' / )4 lkilk 0062 cll./ ' / O', - ' / „•' -• ,\\.: , .r„,,,. -- ..4:1>- \, .'-'<-.. /.. I Alik . ( / �' /•1111141 �,� / , ' (7, • / ° /�/ /' 'off 5/.9Z 1C 5 LZX ,, (... ./.'. . l'1,. ///' --'/I/ 7 . . \ ..,,, ! ,/ .,. ,/,. / ...„:„....>"/ . 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