I. PROPERTY INFORMATION. Date of Report: Thursday, March 24, 2016 Appeal Deadline: Friday, April 08, 2016 APPROVED WITH CONDITIONS

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1 Coos County Planning Department Coos County Courthouse Annex, Coquille, Oregon Mailing Address: 250 N. Baxter, Coos County Courthouse, Coquille, OR Physical Address: 225 N. Adams, Coquille, Oregon (541) FAX (541) / TDD (800) planning@co.coos.or.us Jill Rolfe, Planning Director Date of Report: Thursday, March 24, 2016 Appeal Deadline: Friday, April 08, 2016 Type of Application: ADMINISTRATIVE CONDITIONAL USE PERMIT Decision: APPROVED WITH CONDITIONS File Number: Reviewed by: Alex Murphy, GIS Planner I Account Number Map Number Property Owner Situs Address Acreage Zoning Special Considerations Property Location/ Description I. PROPERTY INFORMATION S MASSEY, SUSAN M CAPE ARAGO HWY COOS BAY, OR NA Acres FOREST (F) ARCHAEOLOGICAL SITES (ARC) COASTAL SHORELAND BOUNDARY (CSB) FLOODPLAIN (FP) FOREST MIXED USE (MU) The subject property is located north of the City of Bandon. The property is located between Seven Devils Road and the Pacific Ocean, on the north end of the Seven Devils State Recreation Site, and is accessed by a private easement, under record number of the Coos County Deed Records, by Seven Devils Road. The subject property contains 11.7 acres and is zoned Forest Mixed Use (FMU). The property is inventoried as potentially containing archaeological sites or materials. Portions of the property also fall within the floodplain and Coastal Shoreland Boundary. According to Coos County Assessor and Coos County Planning Department records from 2016, no development is currently located on the property. Aerial photography from May 2015 confirms this. Proposal Construction of a Forest Template Dwelling in the Forest Mixed Use zone.

2 Lawfully Created Parcel/Lot Tax lot 300 was lawfully created pursuant to CCZLDO (2) as approved on January 4, 1990 under Hearings Body Conditional Use Permit application file number HBCU-89-27, available in the Coos County Planning Department. Background March 18, 1976 : A Verification Letter is issued, granting authorization to site a mobile home and complete a septic site evaluation and installation in the IFG-10 zone. September 11, 1989 : An Administrative Conditional Use Permit granting authorization to complete a resource zone boundary line adjustment is approved (ACU-89-51). The appeal date is set as October 9, January 4, 1989 : A Hearings Body Conditional Use Permit granting authorization to establish a bed & breakfast is approved with conditions (HBCU-89-27). The appeal date is set as February 9, The conditions stated at the time of approval are: 1. The dwelling approved by this application would be the only dwelling permitted on the subject property. 2. The property cannot be divided in the future. 3. The property is subject to DEQ and other health regulations which would come under the jurisdiction of other agencies. 4. The bed & breakfast facility shall be established within the residence. 5. Breakfast shall be the only mean served to overnight paying guests. 6. No cooking facilities shall be permitted in any rented room. 7. The maximum number of rooms which may be rented shall not exceed four (4). 8. Off-street parking shall be provided as follows: Two spaces for the owner/occupant, plus 1 space for each additional bedroom. A Site plan shall be submitted, delineating: Page 2 a. The property boundaries; b. Access to the property; c. Location of all structures on the subject property; and d. Required parking spaces. 9. This permit shall run with the land and may be transferred to

3 a new landowner when the property is conveyed. However, the seller or grantor by acting upon this permit agrees to notify the buyer or grantee of the terms and conditions of this permit. Planning Department records indicate this authorization was never implemented and it, along with its conditions, has since expired. March 9, 1990 : A Verification Letter is issued (VL ) granting authorization to complete a septic site evaluation. February 2, 2016 : A response to a Research Request is issued (R ) stating the a template test was conducted for the subject property and the current configuration met the requirements of CCZLDO Section (b)(3)(iii through v). Prior Application Restrictions There are no prior application restrictions. Special Districts/Agencies Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians Coquille Indian Tribe Southern Coos General Health District OR Dept. of Water Resources OR Dept. of Forestry Bandon RFPD OR Parks & Recreation Dept. OR Dept. of State Lands II. CONCLUSION AND CONDITIONS The applicant has met the criteria for a Forest Template Dwelling, with the following conditions: 1. All applicable federal, state, and local permits shall be obtained prior to the commencement of any development activity. 2. Pursuant to CCZLDO (3)(b), the property owner/applicant shall be required to complete an archaeological survey and continue to work with the Confederated Tribes of Coos Lower Umpqua, and Siuslaw Indians and the Coquille Indian Tribe prior to the commencement of any ground disturbing activities associated with developing the subject property. Evidence this requirement has been met shall be provided to the Planning Department prior to issuance of a Zoning Compliance Letter granting authorization to begin construction on the proposed dwelling and accessory structures 3. The property owner/applicant shall be required to submit evidence to the Coos County Planning Department indicating all applicable Department of Environmental Quality (DEQ) stormwater permits have been applied for prior to the issuance of a Zoning Compliance Letter granting authorization to begin construction on the proposed dwelling and accessory structures. Page 3

4 4. Pursuant to CCZLDO (3), an address shall be required prior to the issuance of a Zoning Compliance Letter granting authorization to begin construction on the proposed dwelling and accessory structures. A copy of the Address Application form has been sent with this report to the property owner. This application and associated fee of $225 shall be submitted to the Coos County Planning Department. A road name application may also be required if three or more addresses use the same driveway. 5. Pursuant to CCZLDO (4), a Waiver of Right to Object Forest and Farm Practices Management Covenant shall be recorded with the Coos County Clerk s office and a copy provided to the Coos County Planning Department prior to the issuance of a Zoning Compliance Letter granting authorization to begin construction on the proposed dwelling and accessory structures. A blank copy of this Covenant has been sent with this report to the applicant. 6. Pursuant to CCZLDO (5)(b), a Water Use Permit issued by the Oregon Water Resources Department (OWRD) for the use described in the application or Verification from OWRD that a water use permit is not required for the use described in the application shall be provided to the Coos County Planning Department prior to the issuance of a Zoning Compliance Letter granting authorization to begin construction on the proposed dwelling and accessory structures. A blank Water Supply Requirements form has been sent with this report to the applicant. If the proposed water supply is from a well and is exempt from permitting requirements under ORS , the applicant shall submit the well constructor s report to the Planning Department upon completion of the well. 7. Pursuant to CCZLDO (6), an Access / Driveway / Road / Parking Verification Permit shall be obtained from the Coos County Road Department prior to the issuance of a Zoning Compliance Letter granting authorization to begin construction on the proposed dwelling and accessory structures. A copy of this application form has been sent with this report to the applicant. The application and review fee of $150 shall be submitted to the Coos County Planning Department to begin the process. 8. Pursuant to CCZLDO (9 & 12), the property owner shall submit evidence to the Planning Department certifying a water supply of at least 500 gallons with an operating water pressure of at least 50 PSI and sufficient ¾ inch garden hose to reach the perimeter of the primary fuel-free building setback will be located on the property prior to the issuance of a Zoning Compliance Letter granting authorization to begin construction on the proposed dwelling and accessory structures. 9. Pursuant to CCZLDO , a Zoning Compliance Letter shall be required prior to the commencement of construction of the proposed dwelling and accessory structures on the property. Please note: the CCZLDO does not exempt accessory structures based on size; all structures, regardless of size, require a Zoning Compliance Letter. 10. Pursuant to CCZLDO (11), the property owner shall submit evidence certifying the roofing materials are non-combustible or fire resistant prior to the occupancy of the dwelling. 11. Pursuant to CCZLDO (14), the property owner shall submit a copy of the building plans to the Coos County Planning Department indicating the presence of any proposed chimneys prior to the occupancy of the dwelling. If any chimneys are proposed, the property owner shall be required to install a spark arrester on each chimney. Page 4

5 12. Pursuant to CCZLDO (7), the property owner shall plant a sufficient number of trees demonstrating the tract is reasonably expected to meet Oregon Department of Forestry (ODF) stocking requirements at the time specified in ODF administrative rules. 13. Pursuant to CCZLDO (7), the property owner shall submit a stocking survey to the Coos County Assessor and Coos County Planning Department in order for the Assessor to verify the stocking requirements have been met by the time specified in ODF administrative rules. 14. Pursuant to CCZLDO (10), the property owner shall be required to maintain a firebreak of at least 30 in all directions from all structures sited on the property. No secondary firebreak requirement applies, but the property owner/applicant is authorized to establish a larger firebreak, if desired. 15. Pursuant to CCZLDO (13), the proposed dwelling shall not be located on a slope of 40% or greater. III. FINDINGS TO THE APPLICABLE REVIEW CRITERIA APPLICABLE CRITERIA Coos County Zoning and Land Development Ordinance (CCZLDO) and Coos County Comprehensive Plan (CCCP) CCZLDO (3)(b) Residential Uses [in the Forest zone] Template Dwellings CCZLDO Additional Criteria for all Administrative and Hearings Body Application Review CCZLDO Development and Siting Criteria CCZLDO (3)(b) Special Development Considerations: Historical, Cultural and Archaeological Resources, Natural Areas and Wilderness (Balance of County Policy 5.7) CCZLDO (5) Special Development Considerations: Non-Estuarine Shoreland Boundary (Balance of County Policy 5.10) Coordination with Division of State Lands (DSL) State/Federal Waterway CCZLDO (3) Permit Reviews Note: criteria are shown below with findings in bold. DEFINITION FOREST (F) Purpose and Intent: The purpose of the Forest zone is to conserve and protect forest land for forest uses. Some of the areas covered by the F zone are exclusive forest lands, while other areas include a combination of mixed farm and forest uses. FOREST MIXED USE (FMU) Mixed Farm-Forest Areas ( MU areas) include land which is currently or potentially in farm-forest use. Typically such lands are those with soil, aspect, topographic features and present ground cover that are Page 5

6 best suited to a combination of forest and grazing uses. The areas generally occupy land on the periphery of large corporate and agency holdings and tend to form a buffer between more remote uplands and populated valleys. In addition, these mixed use areas contain ownership of smaller size than in prime forest areas. Some are generally marginal in terms of forest productivity, such as areas close to the ocean. If land is in a zone that allows both farm and forest uses, a dwelling may be sited based on the Predominate use of the tract on January 1, If a use is only allowed in the mixed use zone it will be explained in the text. Otherwise the uses listed are allowed in both the Forest and Forest Mixed Use zones. DWELLING Any building that contains one or more dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. CCZLDO (3)(b) Residential Uses [in the Forest zone] Template Dwellings b. Template Dwelling A single-family dwelling on a lot or parcel located within a forest zone may be allowed as a conditional use if: i. There are no other dwellings on the tract on which the dwelling will be sited. The subject property contains acres. Coos County Assessor records from 2016 and aerial photographs from May 2015 confirm no other dwellings exist on the tract in question. ii. There are no deed restrictions established on the lots or parcels that make up the tract which do not allow a dwelling. No deed restrictions regarding establishing a dwelling are in place for the subject property. iii. The lot or parcel on which the dwelling is to be located is predominantly composed of soils that are capable of producing the following cubic feet per acre per year: CF/Ac/Yr of Growth Required minimum number of lots or parcels or portions thereof existing on January 1, 1993, within a 160-acre square centered on the subject tract Required minimum number of dwellings existing on January 1, 1993, on the lots or parcels NOTE: Lots or parcels within urban growth boundaries shall not be used to satisfy the above requirements. Page 6

7 A soil report generated by the NRCS Web Soil Survey indicates the vegetative production capacity of the lot is cubic feet per acre per year, which requires a minimum of 11 parcels and 3 dwellings be in existence as of January 1, 1993 within a 160-acre square or rectangle to qualify for a Forest Template Dwelling. A template test completed by Planning Staff shows a 160-acre square contains 16 eligible parcels and 4 eligible dwellings. iv. If the tract on which the dwelling is to be sited is 60 acres or larger and abuts a road or perennial stream, the measurement shall be made by using a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is to maximum extent possible, aligned with the road or stream. If a road crosses the tract on which the dwelling will be located, at least one of the three required dwellings shall be on the same side of the road as the proposed dwelling. However, one of the three required dwellings shall be on the same side of the road or stream as the tract and: 1) Be located within a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is, to the maximum extent possible aligned with the road or stream. or 2) Be within one-quarter mile from the edge of the subject tract but not outside the length of the 160-acre rectangle, and on the same side of the road or stream as the tract. The subject tract is less than 60 acres in size. Therefore, this criterion does not apply. v. If a tract abuts a road that existed on January 1, 1993, the measurement may be made by creating a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible, aligned with the road. Road, as used in this subsection, means a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land. This excludes a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes. The subject tract passed the test using a square template. Therefore, this criterion does not apply. vi. The proposed dwelling is not prohibited by, and will comply with, the requirements of the acknowledged Comprehensive Plan and its implementing measures. The proposed dwelling complies with the requirements of CCZLDO (3)(b) and is consistent with the acknowledged Comprehensive Plan. Page 7

8 CCZLDO Additional Criteria for all Administrative and Hearings Body Application Review All Conditional Use Applications (Administrative and Hearings Body) are subject to requirements that are designed to make the use compatible with forest operations and agriculture and to conserve values found on forest lands as follows: 1. The proposed use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on agriculture or forest lands. The impacted area for the proposed homesite is centrally located on the property, approximately 130 from the closest property boundary. The proposed homesite and access drive are proposed to be installed in such a way that minimizes the number of trees to be removed. The surrounding property is either undeveloped, small to medium sized tract forest land; existing residential development; or, in the case of the property to the south, State-owned recreation land. Planning staff agrees with the applicant s finding that the proposal will not force a significant change in or significantly increase the cost of accepted farming or forest practices on agriculture or forest lands. 2. The proposed use will not significantly increase fire hazard or significantly increase fire suppression costs or significantly increase risks to fire suppression personnel. According to the applicant, the proposed use will decrease fire hazard by allowing easier and faster access to the property for fire protection by using the improved road and driveway connections. Planning staff agrees with the applicant s findings that the proposed use will not significantly increase fire hazard, fire suppression costs, or risk to fire suppression personnel. 3. All uses must comply with applicable development standards and fires siting and safety standards. Fire siting and safety standards are addressed in CCZLDO , reviewed below. Pursuant to the findings of , listed below, this criterion has been met. 4. A Forest Management Covenant, which recognized the right of adjacent and nearby landowners to conduct forest operations consistent with the Forest Practices Act and Rules, shall be recorded in the deed records of the County prior to any final County approval for uses authorized in Section any type of residential use. There may be other criteria listed that applies to individual uses. Page 8

9 No Forest Management Covenant has been recorded as of the date of this report. As a condition of approval, the applicant shall be required to provide evidence indicating a Waiver of Right to Object Forest and Farm Practices Management Covenant has been recorded with the Coos County Clerk prior to the issuance of a Zoning Compliance Letter. Therefore, this criterion has been addressed. 5. The following siting criteria shall apply to all dwellings, including replacement dwellings, and structures in the Forest and Forest Mixed Use zones. Replacement dwellings may be sited in close proximity to the existing developed homesite. These criteria are designed to make such uses compatible with forest operations and agriculture, to minimize wildfire hazards and risks and to conserve values found on forest lands. These criteria may include setbacks from adjoining properties, clustering near or among existing structures, siting close to existing roads and siting on that portion of the parcel least suited for growing trees. a. Dwellings and structures shall be sited on the parcel so that: i. They have the least impact on nearby or adjoining forest or agricultural lands. ii. The siting ensures that adverse impacts on forest operations and accepted farming practices on the tract will be minimized. iii. The amount of forest lands used to site access roads, service corridors, the dwelling and structures is minimized. and iv. The risks associated with wildfires are minimized. These criteria have been addressed as part of other provisions within this staff report. Impacts to nearby resource land is addressed in (1). Impacts to forest operations and accepted farming practices are addressed in (4). The amount of forest land used for the proposed use is addressed in (1). The risk from wildfires is addressed (7-17). Therefore, these criteria have been met. b. The applicant shall provide evidence that the domestic water supply is from a source authorized in accordance with the Water Resources Department s administrative rules for the appropriation of ground water or surface water and not from a Class II stream as defined in the Forest Practices Rules. For the purposed of this Section, evidence of a domestic water supply means: i. Verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor s rights to appropriate water. ii. A water use permit issued by the Water Resources Department for the use described in the application. or iii. Verification from the Water Resources Department that a water use permit is not required for the use described in the application. If the proposed water supply is from a well and is exempt from permitting requirements under ORS , the applicant shall submit the well constructor s report to the County upon completion of the well. The applicant states the proposed use will not exceed 15,000 gallons per day, thereby complying with ORS Page 9

10 As a condition of approval, the applicant shall be required to submit either a permit issued by the Water Resources Department for the proposed use of the site as a single family dwelling or verification that a permit is not required or exempt from permitting requirements prior to the issuance of a Zoning Compliance Letter. Therefore, this criterion has been addressed. 6. As a condition of approval, if road access to the dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the United States Bureau of Land Management, or the United States Forest Service, then the applicant shall provide proof of a longterm road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenance. The subject property is accessed by Seven Devils Road using a private easement, recorded on October 08, 2001 under record number Seven Devils Road is owned and maintained by Coos County. As a condition of approval, the applicant shall be required to obtain an Access / Driveway / Road / Parking Verification Permit from the Coos County Road Department prior to the issuance of a Zoning Compliance Letter. Therefore, this criterion has been addressed. 7. Approval of a dwelling shall be subject to the following additional requirements: a. Approval of a dwelling requires the owner to plant a sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet Department of Forestry stocking requirements at the time specified in Department of Forestry administrative rules. b. The Planning Department shall notify the County Assessor of the above condition at the time the dwelling is approved. c. The property owner shall submit a stocking survey report to the County Assessor and the Assessor will verify that the minimum stocking requirements have been met by the time required by Department of Forestry Rules. The Assessor will inform the Department of Forestry in cases where the property owner has not submitted a stocking survey report of where the survey report indicates that minimum stocking requirements have not been met. d. Upon notification by the Assessor the Department of Forestry will determine whether the tract meets minimum stocking requirements of the Forest Practices Act. If the Department of Forestry determines that the tract does not meet those requirements, it will notify the owner and Assessor that the land is not being managed as forest land. The Assessor will then remove the forest land designation pursuant to ORS and impose the additional tax pursuant to ORS A copy of this report and application shall be forwarded to the Coos County Assessor s office and ODF. As a condition of approval, the owner of the property shall be required to plant a sufficient number of trees demonstrating the tract is reasonably expected to meet Oregon Department of Forestry (ODF) stocking requirements at the time specified in ODF administrative rules. The property owner shall also submit a stocking survey to the Coos Page 10

11 County Assessor and Coos County Planning Department in order for the Assessor to verify the stocking requirements have been met by the time specified in ODF administrative rules. Therefore, this criterion has been addressed. CCZLDO Development and Siting Criteria This section contain all of the development standards for uses (unless otherwise accepted out by a use review) and all of the siting standards for development. 1. Minimum Lot Size for the creation of new parcels shall be at least 80 acres. Minimum lot size will not affect approval for development unless specified in use. The size of the parcel will not prohibit development as long as it was lawfully created or otherwise required to be a certain size in order to qualify for a use. No new lot is being created as a result of this application. The subject lot was lawfully created pursuant to CCZLDO (2). 2. Setbacks: All buildings or structures with the exception of fences shall be set back a minimum of thirty-five (35) feet from any road right-of-way centerline, or five (5) feet from any right-of-way line, whichever is greater. The area designated in the application as the site for the proposed dwelling and accessory structures is located in such a way that the road setbacks will be met. 3. Fences, Hedges and Walls: No requirement, except for vision clearance provisions in Section This requirement shall be addressed by the Access / Driveway / Road / Parking Verification Permit administered by the Coos County Road Department. 4. Off-Street Parking and Loading: See Chapter VII. This requirement shall be addressed by the Access / Driveway / Road / Parking Verification Permit administered by the Coos County Road Department. 5. Minimizing Impacts: In order to minimize the impact of dwellings in forest lands, all applicants requesting a single family dwelling shall acknowledge and file in the deed record of Coos County, a Forest Management Covenant. The Forest Management Covenant shall be filed prior to any final County approval for a single family dwelling. Page 11

12 This requirement shall be addressed by the Forest Management Covenant requirement stipulated above. 6. Riparian Vegetation Protection. Riparian vegetation within 50 feet of a wetland, stream, lake or river, as identified on the Coastal Shoreland and Fish and Wildlife habitat inventory maps shall be maintained except that: a. Trees certified as posing an erosion or safety hazard. Property owner is responsible for ensuring compliance with all local, state and federal agencies for the removal of the tree. b. Riparian vegetation may be removed to provide direct access for a water-dependent use if it is a listed permitted within the zoning district; c. Riparian vegetation may be removed in order to allow establishment of authorized structural shoreline stabilization measures; d. Riparian vegetation may be removed to facilitate stream or stream bank clearance projects under a port district, ODFW, BLM, Soil & Water Conservation District, or USFS stream enhancement plan; e. Riparian vegetation may be removed in order to site or properly maintain public utilities and road right-of-ways; f. Riparian vegetation may be removed in conjunction with existing agricultural operations (e.g., to site or maintain irrigation pumps, to limit encroaching brush, to allow harvesting farm crops customarily grown within riparian corridors, etc.) provided that such vegetation removal does not encroach further into the vegetation buffer except as needed to provide an access to the water to site or maintain irrigation pumps; or g. The 50 foot riparian vegetation setback shall not apply in any instance where an existing structure was lawfully established and an addition or alteration to said structure is to be sited not closer to the estuarine wetland, stream, lake, or river than the existing structure and said addition or alteration represents not more than 100% of the size of the existing structure s footprint. h. Riparian removal within the Coastal Shoreland Boundary will require a conditional use. See Special Development Considerations Coastal Shoreland Boundary. i. The 50 measurement shall be taken from the closest point of the ordinary high water mark to the structure using a right angle from the ordinary high water mark. The proposed homesite is located more than 50 feet away from any wetland, stream, lake, or river. 7. All new dwellings and permanent structures and replacement dwellings and structures shall, at a minimum, meet the following standards. The dwelling shall be located within a fire protection district or shall be provided with residential fire protection by contract. If the dwelling is not within a fire protection district, the applicant shall provide evidence that the applicant has asked to be included within the nearest such district. If the applicant is outside the rural fire protection district, the applicant shall provide evidence that they have contacted the Department of Forestry of the proposed development. Page 12

13 The subject property is located within the boundaries of the Bandon Rural Fire Protection District. 8. The Planning Director may authorize alternative forms of fire protection when it is determined that these standards are impractical that shall comply with the following: a. The means selected may include a fire sprinkling system, onsite equipment and water storage or other methods that are reasonable, given the site conditions; b. If a water supply is required for fire protection, it shall be a swimming pool, pond, lake, or similar body of water that at all times contains at least 4,000 gallons or a stream that has a continuous year round flow of at least one cubic foot per second; c. The applicant shall provide verification from the Water Resources Department that any permits or registrations required for water diversion or storage have been obtained or that permits or registrations are not required for the use; and d. Road access shall be provided to within 15 feet of the water s edge for firefighting pumping units. The road access shall accommodate the turnaround of firefighting equipment during fire season. Permanent signs shall be posted along the access route to indicate the location of the emergency water source. The proposed development is configured in such a way that it can meet the applicable fire siting and safety standards, as reviewed below. Therefore, this criterion does not apply. 9. Fire Siting Standards for New Dwellings: a. The property owner shall provide and maintain a water supply of at least 500 gallons with an operating water pressure of at least 50 PSI and sufficient ¾ inch garden hose to reach the perimeter of the primary fuel-free building setback. b. If another water supply (such as a swimming pool, pond, stream, or lake) is nearby, available, and suitable for fire protection, then road access to within 15 feet of the water s edge shall be provided for pumping units. The road access shall accommodate the turnaround of firefighting equipment during the fire season. Permanent signs shall be posted along the access route to indicate the location of the emergency water source. The applicant has stated a hose will be available to reach the perimeter of the primary fuel-free building setback and that a water supply of at least 500 gallons with an operating pressure of 50 PSI or greater will be maintained. 10. Firebreak: As a condition of approval, the property owner shall be required to submit evidence certifying the water supply on the property will meet this requirement. Therefore, this requirement has been addressed. a. A firebreak shall be established and maintained around all structures, including decks, for a distance of at least 30 feet in all directions. Page 13

14 b. This firebreak will be a primary safety zone around all structures. Vegetation within this primary safety zone may include mowed grasses, low shrubs (less than ground floor window height), and trees that are spaced with more than 15 feet between the crowns and pruned to remove dead and low (less than 8 feet from the ground) branches. Accumulated needles, limbs and other dead vegetation should be removed from beneath trees. c. Sufficient garden hose to reach the perimeter of the primary safety zone shall be available at all times. d. The owners of the dwelling shall maintain a primary fuel-free break area surrounding all structures and clear and maintain a secondary fuel-free break on land surrounding all structures and clear and maintain a secondary fuel-free break area on land surrounding the dwelling that is owned or controlled by the owner in accordance with the provisions in Recommended Fire Siting Standards for Dwellings and Structures and Fire Safety Design Standards for Roads dated March 1, 1991, and published by Oregon Department of Forestry and shall demonstrate compliance with Table 1. Table 1 Minimum Primary Safety Zone Slope Feet of Primary Safety Zone Feet of Additional Primary Safety Zone Down Slope 0% % % % % The Web Soil Survey report referenced earlier in this Report indicates the proposed homesite is located in an area with soils which form on slopes of 0-7%. Planning staff has received no other information suggesting steeper slopes exist on the property. As a condition of approval, the property owner shall be required to maintain a firebreak of at least 30 in all directions from any proposed structure. Because the slope is less than 10%, no additional secondary safety zone will be required, but the applicant/property is free to establish a larger firebreak, if desired. Therefore, this criterion has been addressed. 11. All new and replacement structures shall use non-combustible or fire resistant roofing materials, as may be approved by the certified official responsible for the building permit. The applicant has stated the structure will use non-combustible or fire resistant roofing materials. As a condition of approval, the property owner shall be required to submit evidence certifying the roofing materials meet this requirement. Therefore, this criterion has been addressed. 12. If a water supply exceeding 4,000 gallons is suitable and available (within 100 feet of the driveway or road) for fire suppression, then road access and turning space shall be provided for fire protection pumping units to the source during fire season. This includes water supplies such as a swimming pool, tank or natural water supply (e.g. pond. Page 14

15 The applicant has stated no water supply exceeding 4,000 gallons is available for fire suppression. Planning staff agrees with the applicant s findings in this matter. Therefore, this criterion does not apply. 13. The dwelling shall not be sited on a slope of greater than 40 percent. The applicant has stated the proposed building site contains slopes of less than 10 percent. As a condition of approval, the dwelling shall be not sited on a slope of greater than 40 percent. Therefore, this criterion has been addressed. 14. If the dwelling has a chimney or chimneys, each chimney shall have a spark arrester. The applicant has stated the proposed building will have a spark arrester installed on any chimney. As a condition of approval, the property owner shall supply information certifying this requirement has been met. Therefore, this criterion has been addressed. 15. The dwelling shall be located upon a parcel within a fire protection district or shall be provided with residential fire protection by contract. If the dwelling is not within a fire protection district, the applicant shall provide evidence that the applicant has asked to be included within the nearest such district. The subject property is located within the boundaries of the Bandon Rural Fire Protection District. 16. Except for private roads and bridges accessing only commercial forest uses, public roads, bridges, private roads and driveways shall be constructed so as to provide adequate access for firefighting equipment. This requirement shall be addressed by the Access / Driveway / Road / Parking Verification Permit administered by the Coos County Road Department. 17. Access to new dwellings shall meet road and driveway standards in Chapter VII. This requirement shall be addressed by the Access / Driveway / Road / Parking Verification Permit administered by the Coos County Road Department. Page 15

16 CCZLDO (3)(b) Special Development Considerations: Historical, Cultural and Archaeological Resources, Natural Areas and Wilderness (Balance of County Policy 5.7) The Historical/Archeological maps have inventoried the following: Historical; Area of Archaeological Concern; Botanical; and Geological Resources. Purpose Statement: Coos County shall manage its historical, cultural and archaeological areas, sites, structures and objects so as to preserve their original resource value. This strategy recognizes that preservation of significant historical, cultural and archaeological resources is necessary to sustain the County's cultural heritage. a. Areas of Archaeological Concern: Coos County shall continue to refrain from wide-spread dissemination of site-specific inventory information concerning identified archaeological sites. Rather, Coos County shall manage development in these areas so as to preserve their value as archaeological resources. i. This strategy shall be implemented by requiring development proposals to be accompanied by documentation that the proposed project would not adversely impact the historical and archaeological values of the project's site. "Sufficient documentation" shall be a letter from a qualified archaeologist/historian and/or a duly authorized representative of a local Indian tribe(s). ii. Properties which have been determined to have an "archaeological site" location must comply with the following steps prior to issuance of a "Zoning compliance Letter" for building and/or septic permits. 1) The County Planning Department shall make initial contact with the Tribe(s) for determination of an archaeological site(s). The following information shall be provided by the property owner/agent: a) Plot plan showing exact location of excavation, clearing, and development, and where the access to the property is located; b) Township, range, section and tax lot(s) numbers; and c) Specific directions to the property. 2) The Planning Department will forward the above information including a request for response to the appropriate tribe(s). 3) The Tribe(s) will review the proposal and respond in writing within 30 days to the Planning Department with a copy to the property owner/agent. Page 16

17 4) It is the responsibility of the property owner/agent to contact the Planning Department in order to proceed in obtaining a "Zoning Compliance Letter" (ZCL) or to obtain further instruction on other issues pertaining to their request. iii. In cases where adverse impacts have been identified, then development shall only proceed if appropriate measures are taken to preserve the archaeological value of the site. "Appropriate measures" are deemed to be those, which do not compromise the integrity of remains, such as: 1) Paving over the sites; 2) Incorporating cluster-type housing design to avoid the sensitive areas; or 3) Contracting with a qualified archaeologist to remove and re-inter the cultural remains or burial(s) at the developer's expense. If an archaeological site is encountered in the process of development, which previously had been unknown to exist, then, these three appropriate measures shall still apply. Land development activities found to violate the intent of this strategy shall be subject to penalties prescribed by ORS (Source: Coos Bay Plan). iv. This strategy is based on the recognition that preservation of such archaeologically sensitive areas is not only a community's social responsibility but is also a legal responsibility pursuant to Goal #5 and ORS It also recognizes that historical and archaeological sites are non-renewable, cultural resources (Source: Coos Bay Plan). Notice of the proposal has been provided to the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians and the Coquille Indian Tribe. Kassandra Rippee, Tribal Historic Preservation Officer for the Coquille Indian Tribe, responded stating the Tribe has no objections to the proposed development, but request notification if any known or suspected cultural materials are discovered. A copy of Ms. Rippee s response has been attached to this. Stacy Scott, Tribal Historic Preservation Officer for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, responded stating the Confederated Tribes are aware of a cultural site in proximity to the proposed site and requests an archaeological survey be completed prior to any ground disturbing activity occurs. A copy of Ms. Scott s response has been attached to this. As a condition of approval, the property owner/applicant shall be required to complete an archaeological survey and continue to work with the Confederated Tribes and Coquille Indian Tribe prior to the issuance of a Zoning Compliance Letter. Therefore, this criterion has been addressed. Page 17

18 CCZLDO (5) Special Development Considerations: Non-Estuarine Shoreland Boundary (Balance of County Policy 5.10) Non-Estuarine Shoreland Boundary (Balance of County Policy 5.10) The Coastal Shoreland Boundary map has inventoried the following: Coastal Shoreland Boundary Beach Erosion Coastal Recreation Areas Area of Water-Dependent Uses Riparian Vegetation Fore Dunes Head of Tide Steep Bluffs over 50% Slope Significant wetland wildlife habitats Wetlands under agricultural use Areas of Exceptional Scenic Quality and Coastal Headlands Headland Erosion Purpose Statement: Protection of major marshes (wetlands), habitats, headlands, aesthetics, historical and archaeological sites: Coos County shall provide special protection to major marshes, significant wildlife habitat, coastal headlands, exceptional aesthetic resources, and historic and archaeological sites located within the Coastal Shorelands Boundary of the ocean, coastal lakes and minor estuaries. This strategy shall be implemented through plan designations and ordinance measures that limit uses in these special areas to those uses that are consistent with protection of natural values, such as propagation and selective harvesting of forest products, grazing, harvesting wild crops, and low intensity water-dependent recreation. This strategy recognizes that special protective consideration must be given to key resources in coastal shorelands over and above the protection afforded such resources elsewhere in this plan. Coos County shall consider: i. "Major marshes" to include certain extensive marshes associated with dune lakes in the Oregon Dunes National Recreation Area and wetlands associated with New River as identified in the Inventory text and maps, and on the Special Considerations Map; ii. iii. iv. "Significant wildlife habitat" to include "sensitive big-game range", Snowy Plover nesting areas, Bald Eagle, and Osprey nesting areas, Salmonid spawning and rearing areas, and wetlands; "Coastal headlands" to include Yoakum Point, Gregory Point, Shore Acres, Cape Arago south to Three-Mile Creek, Five Mile Point, and Coquille Point; "Exceptional aesthetic resources" to include the coastal headlands identified above, and other areas identified in the Coastal Shorelands Inventory Map; and Page 18

19 v. "Historical, cultural and archaeological sites" to include those identified in the Historical, Cultural and Archaeological Sites Inventory and Assessment. The proposed homesite is located outside of the Coastal Shoreland Boundary. Therefore, this criterion does not apply. CCZLDO (3) Coordination with Division of State Lands (DSL) State/Federal Waterway Permit Reviews 3. Notice shall be provided to the Division of State Lands, the applicant, and owner of record within 5 working days for any permit or approval required under this ordinance for the following developments within wetlands as shown on the National Wetland Inventory Map: a. Subdivision or planned unit developments; b. New structures; c. Conditional use permits or variances that involve physical alterations to the land or construction of new structures. Due to the proposal s proximity to the Pacific Ocean, notice of the proposal was sent to DSL using the Wetland Land Use Notification form. DSL responded with the following: A state permit is required for 50 cubic yards or more of removal and/or fill in wetlands, below ordinary high water of streams, within other waters of the state, or below highest measured tide where applicable. A state permit is required for any amount of fill, removal, and/or other ground alteration in essential salmonid habitat and within adjacent off-channel rearing or high-flow refugia habitat with a permanent or seasonal water connection to the stream. A state permit will not be required for the proposed project because, based on the submitted site plan, the project appears to avoid impacts to jurisdictional wetlands and waters. A copy of this response has been attached to this. Therefore, this criterion has been met. IV. AGENCY REQUIREMENTS Notice of the proposal was provided to the OR Parks and Recreation Department, who responded stating they have no concerns regarding the current proposal and request notice of future applications and/or plans pertaining to future projects on the property. Page 19

20 V. NOTIFICATION The Planning Department mailed individual written notice of the decision to the owners of record of all property located within 750 feet of the subject property. Notice of Decision with a copy of the staff report was forwarded to Applicant(s); Owner(s); Applicant s Agent, if applicable; Dave Perry, DLCD; Coos County Assessor s Office; County Surveyor s Office; Coos County Road Department; Oregon Department of Forestry; Oregon Department of Environmental Quality Coos Bay Office; and Oregon Department of Consumer and Business Services, Building Codes Division Coos Bay Field Office. Notice of Decision was also provided to the following: Coos County Planning Commission, Coos County Board of Commissioners, and the special districts as noted above. In addition, notice of the decision was posted at the Coos County Courthouse, Coquille Annex and North Bend Annex. All notices were mailed and posted on March 24, VI. NOTICE OF APPEAL RIGHTS This decision may be appealed to the Coos County Hearings Body pursuant to Article 5.8 of the Coos County Zoning and Land Development Ordinance within 15 days from the date of written notice. Appeals must be received in the Planning Department by 5 p.m. on Friday, April 08, 2016 in order to be considered. This decision will not be final until the period for filing an appeal has expired. Detailed information about the appeal process, filing fees and additional information will be provided by the Planning Department upon request. The decision is based upon the submitted application, supporting evidence, facts, and findings to the criteria. Attachments: A. Template Test Map Square Template. B. February 29, 2016 Letter from Kassandra Rippee, Tribal Historic Preservation Officer, Coquille Indian Tribe. C. March 8, from Stacy Scott, Tribal Historic Preservation Officer, Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. D. March 14, 2016 WN Response from Lauren Brown, DSL. E. March 21, chain from Alice Beals, Oregon Parks and Recreation Department. Enclosures (to applicant only): 1. Address Application form 2. Waiver of Right to Object Forest and Farm Practices Management Covenant form 3. Water Supply Requirements for Template Dwelling form 4. Access / Driveway / Road / Parking Verification Permit form Page 20

21 COOS COUNTY PLANNING DEPARTMENT Mailing Address: 250 N. Baxter, Coos County Courthouse, Coquille, Oregon Physical Address: 225 N. Adams, Coquille Oregon Phone: (541) Fax: (541) /TDD (800) ") ") ") Legend ") R Eligible Dwellings (4) R Eligible Parcels (16) R Template Parcels R Subject Parcel ") Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

22 COQUILLE INDIAN TRIBE 3050 Tremont Ave. North Bend, OR Telephone: (541) ~ Fax: (541) February 29, 2016 Coos County Planning Department 250 N Baxter Coquille, OR Re: Thank you for the opportunity to comment on the proposal to site a Forest Temple dwelling along Cape Argo. The Coquille Indian Tribe concurs with the anticipatory finding of no historic properties/cultural resources effected. We request that we be contacted immediately if any known or suspected cultural resources are encountered during the work. Extreme caution is recommended during project related groundbreaking activities. If archaeological materials are discovered, uncovered, or disturbed, on the property, we will discuss the appropriate actions with all necessary parties. ORS prohibits the willful removal, mutilation, defacing, injury, or destruction of any cairn, burial, human remains, funerary objects, or objects of cultural patrimony of a Native Indian. ORS prohibits excavation, injury, destruction, or alteration of an archaeological site or object, or removal of an archaeological object from public or private lands. Thank you again and feel free to contact me at (541) if you have any questions. Best, Kassandra Rippee, MA Archaeologist Tribal Historic Preservation Officer Coquille Indian Tribe CRT15511