Hearings Officer Packet - 06/08/1987 - Westwood Construction •
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i6rHEARING OFFICER DECISION
11116
• '5/87 Westwood Construction
SL 87-02
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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.
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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
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:ETH-. •SON
Page 2 - SL 8-85 •
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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
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•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) .
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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
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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