BEFORE THE LAND USE HEARINGS OFFICER OF CLACKAMAS COUNTY, OREGON

Transcription

1 BEFORE THE LAND USE HEARINGS OFFICER OF CLACKAMAS COUNTY, OREGON Regarding an Application for a 55-Lot ) Case File Nos. Subdivision, Habitat Conservation Area, ) Z SL & And Floodplain Management District ) Z HDB Approval. ) (Cereghino Farms) A. SUMMARY 1. The owner is Cereghino Farms, LLC. The applicant is PDX Development, Inc. 2. The subject property is located at 4900 Southeast Lake Road, Milwaukie, OR The legal description is T2S, R2E, Section 06BA, Tax Lots 600, 700, and 1300 and T2S, R2E, Section 06BD, Tax Lots 100, 200, and 400, W.M. The subject property is approximately acres and is zoned Urban Low Density Residential R On January 4, 2018 the Hearings Officer conducted a public hearing to receive testimony and evidence about the application. B. HEARING AND RECORD HIGHLIGHTS 1. The Hearings Officer received testimony at the public hearing about this application on January 4, All exhibits and records of testimony are filed with the Planning Division, Clackamas County Department of Transportation and Development. At the beginning of the hearing, the Hearings Officer made the declaration required by ORS The Hearings Officer disclaimed any ex parte contacts, bias, or conflicts of interest. The Hearings Officer stated that the only relevant criteria were those identified in the staff report, that participants should direct their comments to those criteria, and failure to raise all arguments may result in waiver of arguments at subsequent appeal forums. 2. At the hearing, county planner Rick McIntire discussed the staff report and recommended approval of the application. 3. The applicant s agent, Chris Goodell, argued in favor of the application. Cereghino Farms Page 1

2 4. A number of neighbors testified about concerns with and opposition to the application. 5. At the conclusion of the public hearing, the Hearings Officer closed the record. C. FACTS The subject property is an approximately acre parcel zoned R-10 located at 4900 Southeast Lake Road, Milwaukie, OR The property is located on the south side of Southeast Lake Road (Lake) and the east side of Southeast Kuehn Road (Kuehn). The property is immediately east of properties within the City of Milwaukie. The property has been farmed for many years, and it is generally devoid of trees except for the steeply sloping area at the south end of the property adjacent to Mt. Scott Creek. This south end of the property is located in a Habitat Conservation Area District (HCAD) and a Floodplain Management District (FMD). The applicant proposes a 55-lot flexible lot single family residential major subdivision. The proposal includes a 1.47-acre open space and stormwater management tract at the south end of the development. The proposal includes new interior streets as well as improvements to Kuehn and Lake, including a realignment of the intersection of the two roads. D. DISCUSSION The staff reports thoroughly analyze the applicable approval criteria and explain why the approval criteria are satisfied. 1 Most of the findings in the staff reports were not challenged by opponents. Therefore, it would be a waste of the County s money and resources to review and repeat all of the unchallenged findings in the staff reports. I have reviewed the findings in the staff report, and I agree with those findings. I therefore adopt and incorporate the findings in the staff reports in this decision, except as discussed further. A number of neighbors testified about concerns with the proposed subdivision. The neighbors did not identify any specific approval criteria that they believed were not satisfied, but their concerns roughly include: traffic, stormwater, sewer, parking, parks, and wildlife. The applicant responded to these concerns during rebuttal and appeared to have 1 There are two staff reports: one for the subdivision approval criteria and one for the HCAD and FMZ approval criteria. Cereghino Farms Page 2

3 satisfied most if not all of the neighbors concerns. To the extent any of those concerns were not satisfied, I address those concerns. The neighbors were concerned about increased traffic in the area and the existing intersection of Lake and Kuehn. The County Traffic and Engineering Department (Traffic and Engineering) submitted extensive comments regarding the application demonstrating persuasively that there is more than adequate capacity to handle the traffic expected to be generated by the proposal. Traffic and Engineering also explained that the intersection of Lake and Kuehn would be redesigned from its current offset angle to a more right angle which would significantly improve safety. The applicant is also proposing to add a left turn lane into the subdivision at the intersection which would also improve safety. I agree with the applicant and Traffic and Engineering that the proposed improvements would make the traffic situation in the area better rather than worse. Stormwater is proposed to be accommodated on-site and through the open space at the south end of the property next to Mt. Scott Creek. The appropriate agency submitted a letter of feasibility stating that the proposal can meet all of the required stormwater requirements. I agree with the applicant and the staff report that the stormwater requirements can be satisfied with the proposed conditions of approval. Neighbors were concerned about who would maintain the open space area. The homeowners association would be required to maintain the open space area. The stormwater requirements are satisfied. Neighbors expressed concerns about sanitary sewer treatment. The property is in a sanitary sewer district which would handle such waste. The proposed subdivision would not use septic systems. The appropriate agency submitted a letter of feasibility regarding the provision of sanitary sewer. I agree with the applicant and the staff report that the sewer requirements can be satisfied with the proposed conditions of approval. The sewer requirements are satisfied. Neighbors expressed concerns about parking, particularly along Kuehn. The proposed subdivision provides all the parking spaces required by the Clackamas County Zoning and Development Ordinance (ZDO). The required improvements along Kuehn would also provide more off-site parking spots than currently exist and would improve the parking situation in the area. The applicant is not responsible for parking problems further Cereghino Farms Page 3

4 south on Kuehn that do not abut the subject property. The parking requirements are satisfied. Neighbors complained that the proposed subdivision would not include any new parks. There is nothing in the ZDO that would require the applicant to dedicate property in the subdivision for public parks. The applicant would be required to pay parks system development charges that would go to funding for parks in the area. Arguments regarding parks do not provide a basis to deny the application. Neighbors expressed concerns about impacts on wildlife. There is nothing in the ZDO that requires specific protection of wildlife other than the requirements for the HCAD and FMD. The staff report thoroughly explains how the HCAD and FMD approval criteria are satisfied, and neighbors do not challenge any of those findings. Arguments regarding wildlife do not provide a basis to deny the application. Therefore, the applicant has satisfied all of the applicable approval criteria. E. DECISION Based on the findings, discussion and conclusions provided or incorporated herein and the public record in this case, the Hearings Officer hereby APPROVES application Z SL and Z HDB, with the following conditions of approval. F. SUBDIVISION CONDITIONS OF APPROVAL I. General and Advisory Conditions: A. Approval is based upon the preliminary subdivision plan submitted with the application, the Findings herein and as modified by these conditions of approval. Any change in design, including lot layout and access to lots, must be approved by the Planning Division prior to final plat approval. Changes in approved access locations may also require additional public notice. B. NOTE: The applicant is advised to take part in a Post Land Use Transition meeting. County staff would like to offer you an opportunity to meet and discuss this decision and the conditions of approval necessary to finalize the project. The purpose of the meeting is to ensure you understand all the conditions and to identify other permits necessary to complete the project. If you like to take advantage of this meeting please contact Deana Mulder, in the Engineering Division office at (503) or by at deanam@co.clackamas.or.us. C. All conditions of approval shall be financially guaranteed or completed prior to final plat approval, unless otherwise noted herein. Cereghino Farms Page 4

5 D. The services of a registered professional land surveyor and a civil engineer will be required to satisfy these conditions of approval. E. Platting: Pursuant to ORS 92, five (5) paper copies of the draft plat survey of the development shall be submitted to the Engineering Division for internal routing and review. a. All subdivision plats are required to have a plat out boundary survey submitted, reviewed and accepted for filing by the County Survey department a minimum of 30 days prior to submittal of the draft plat for review. b. An additional copy of the final plat survey and review deposit shall also be submitted separately to the County Surveyor s office for review. c. The draft and final plats shall be prepared by a registered professional land surveyor in a form and with information consistent with the provisions of ORS 92, relevant portions of ORS , the County ZDO, Chapters and of the County Code and these conditions of approval. d. Plat submittals will require signed originals of any maintenance agreements, related easements outside the plat, Codes, Covenants and Restrictions to be recorded with the plat, and proof of incorporation of a Homeowner s Association (if applicable). Drafts shall be provided for review at the time of draft plat submittal. e. The final plat shall identify the County Surveyor-approved subdivision plat name, Copper Heights, or alternative approved by the County Surveyor. f. After the draft plat is approved by the Planning & Zoning Division staff and reviewed by the Survey Department, one (1) mylar copy and four (4) paper copies of the final plat shall be submitted to the County Engineering Division for final review. g. When final approval is given by the Planning and Zoning Division and the final plat is approved by the County Surveyor, the plat must then be filed and recorded with the County Clerk. All property taxes shall be paid in full for the current year in order for the plat to be recorded. F. Approval Period: Pursuant to subsection (A) of the ZDO, this preliminary partition approval is valid for four years from the date of this final written decision. Failure to record the final plat with the County Clerk within four years of the date of this decision will void this approval unless a time extension is approved (see following). G. Time Extensions: Prior to expiration of this approval, the applicant may request a single two-year extension of the preliminary approval subject to the criteria set forth in Section 1305 of the ZDO. Cereghino Farms Page 5

6 H. None of the individual lots shall be sold, transferred or assigned until the final plat has been approved by the County Surveyor and recorded with the County Clerk. I. Not more than one Building Permit may be issued until the final plat is recorded and sanitary sewer and storm water management facilities are approved, installed and operational. J. Easements: All existing, required and proposed easements shall be shown and properly documented upon the final plat pursuant to ORS 92. Pursuant to subsec (H) of the ZDO, easements shall be provided along property lines as deemed necessary by the County DTD, Engineering Div., the CCSD#1, the CRWD, other special districts, and utility companies. Easements for special purposes shall be of a width deemed appropriate by the responsible agency. Any required easements shall be shown upon the final plat of the subdivision. The need for, and location of, such easements shall be determined during the street and street frontage, sanitary sewer and storm sewer plans review processes. K. Future Construction: Future construction on the individual lots and tracts shall be consistent with the relevant requirements of the Oregon Plumbing Specialty Code, Oregon Residential Specialty Code, Oregon Structural Specialty Code and/or Oregon Manufactured Home Standard requirements, as administered by the DTD, Building Codes Division. Foundations and drainage improvements shall be designed to ensure structural stability and proper roof, foundation and footing/crawl space drainage in consideration of the soils and topographical characteristics of the site. L. Utilities: Electricity, gas, and communications services shall be installed consistent with the requirements of the district or company serving the development. Except where otherwise prohibited by the utility district or company, any new or relocated utility improvements shall be installed underground and in accordance with the requirements of the service providers. M. Public Water Service: Prior to final plat approval, the applicant shall submit verification in writing from the CRWD that the district s standards and specifications for water service to each lot and that the plans for extension of the public water system needed to serve the development have been reviewed and approved by that agency. Advisory Condition: The City of Milwaukie has requested that the applicant be required to install a 12-inch diameter stub from existing City water line in Lake Rd. out to the south with an inline valve on the City s water main so that a future water connection to the development, if annexed to the City of Milwaukie, will not require additional construction within Lake Rd. That staff includes this for information purposes, but this is not a requirement for final plat approval. N. Grading: All grading, filling, and excavation done in connection with any development shall be in accordance with the County Excavation and Grading Cereghino Farms Page 6

7 Ordinance administered by the County DTD, Building Codes Division. Prior to final plat approval and the commencement of site clearing and construction, the applicant shall obtain an NPDES 1200-C permit from the County Water Environment Services. O. All lots shall be graded to provide for gravity flow from homes for sanitary and storm water disposal. P. Re-vegetation of all graded and/or filled areas shall be the responsibility of the developer and shall occur as soon as feasible following final grading. Q. Any proposed fill in individual lots that is more than one (1) foot in depth and where foundations and footings will not be bedded on native soil shall be placed as engineered fill (Grading Permit required) to support the new homes to be built on such lots. R. All grading and fill work shall be completed, inspected and approved prior to final plat approval, or any remaining incomplete or uninspected work shall be financially guaranteed. S. Fire District: Pursuant to Subsection , prior to final subdivision plat approval, the applicant shall submit written verification or stamped approved access plans from the CFD#1 Fire Marshal verifying that the Fire District s standards, including emergency services access, turnarounds and turnouts, fire flows, grades, horizontal and vertical clearances, etc. are, or will be, acceptable to the district. Copies of the approval shall be submitted to the County Engineering Division in conjunction with plans review and permitting for the proposed subdivision. (contact: Clackamas Fire District No. 1, Matt Amos, , matt.amos@clackamasfire.com) T. Street Lighting: Streetlights are a requirement for the subdivision and shall be installed pursuant to the standards of the CCSD #5. The developer shall make arrangements for the installation and maintenance of streetlights with the CCSD#5 and pre-wire for acceptance of these streetlights. Prior to final plat approval, the developer shall also submit an application to the CCSD#5 for the installation of the streetlights, annexation into the street lighting district and formation of an assessment area to pay for the operation of the lighting (Contact: Wendi Coryell, ). U. The approval of the application granted by this decision concerns only the applicable criteria for this decision. The decision does not include any conclusions by the county concerning whether the activities allowed will or will not come in conflict with the provisions of the federal Endangered Species Act (ESA). This decision should not be construed to or represented to authorize any activity that will conflict with or violate the ESA. It is the applicant, in coordination if necessary with the federal agencies responsibility for the administration and enforcement of the ESA, who must ensure that the approved activities are designed, constructed, operated and maintained in a manner that complies with the ESA. Cereghino Farms Page 7

8 V. Planning and Zoning Division General Conditions: Rick McIntire, (503) , or A. All development and uses within the plat shall conform to the requirements of Section 315 of the ZDO as modified by Section (B) of the ZDO for flexible lot size developments. Nothing in this approval shall be construed to allow any use or structure that is not otherwise permitted subject to Section 315 of the ZDO. B. Final plat approval is subject to the conditions of approval in the addendum to this report for file no. Z HDB. C. This subdivision will contain one non-residential tract. Tract A. This tract will contain areas for common open space purposes for the benefit of the owners of Lots 1 55 and surface water management facilities for the benefit of the entire subdivision. Therefore; the following requirements shall be satisfied to provide for the common ownership and maintenance of these tracts subject to Section (D) of the ZDO: 1. Prior to final plat approval, the applicant shall incorporate a not-for-profit Homeowners Association, or County-approved alternative, meeting the requirements set forth in Sec (K) of the ZDO to own and manage the tract and any common facilities; e.g. stormwater improvements. 2. A copy of the filing of the Articles of Incorporation with the Oregon Secretary of State shall be submitted to the Planning and Zoning Division prior to final plat approval. 3. The By-Laws and Codes, Covenants and Restrictions shall contain language stating that no change in open space use or dissolution of the homeowners association shall occur without a public hearing before the Hearings Officer and approval of Clackamas County. 4. The tract(s) shall each be labeled as to the purpose of each upon the final plat. The Homeowners Association By-Laws and Codes, Covenants and Restrictions shall incorporate language stating that the open space tract, Tract A, shall be preserved as common open space for the benefit of the owners of all lots in the plat in perpetuity. 5. A draft of the proposed By-Laws and Codes, Covenants and Restrictions shall be submitted to the Planning Div. for review and one (1) copy shall be provided to the County Surveyor for review prior to final plat approval. Cereghino Farms Page 8

9 6. The Articles of Incorporation and approved By-Laws and Codes, Covenants and Restrictions shall be recorded prior to, or in conjunction with the final plat of the subdivision and the plat shall reference the recorded documents. 7. The plat Declaration shall contain language conveying Tract A to the Homeowner s Association upon recording of the final plat. Note that conveyance of Tract A to the HOA must be accomplished by separate instrument recorded with and referenced upon the final plat. W. County Survey Dept. Conditions: County Survey, (503) , or cgriffin2@clackamas.us. A. All plats shall be prepared pursuant to ORS Chapter 92 and County Code Chapters and B. Easements created to provide for access and utility purposes within plats shall contain language that allows for use of the easement for future divisions of the parcels if, or when, zoning laws may permit future divisions. C. Any private easements shall allow for private and public utility services, including, but not limited to, water, power, communications, natural gas, storm drainage, sanitary sewer, emergency services, etc. D. Fences, other occupations and encroachments that fall across deed lines may indicate that unwritten title (ownership) issues exist. It is the responsibility of the plat surveyor conducting the boundary survey to notify the declarant and/or property owner if such situations are discovered. Failure to present the issues and resolve them will usually result in a delay of the plat approval and recording. If problems are noted, they shall be brought to the attention of the County Survey Dept. as a soon as possible to avoid unnecessary delay in the review process. Easements, as a general rule, are not acceptable solutions for encroachments. E. Any encroachments found during surveying of the plat shall be resolved to the satisfaction of the County Surveyor prior to final plat approval and recording. G. Fees, minimum submittal requirements and application for plat review are available on the County Survey website at X. Engineering Division Conditions: A. The following conditions are intended to ensure that the proposed development complies with requirements of Sections 1007 and 1014 of the ZDO, the relevant provisions of the County Roadway Standards and Chapter 5 of the Comprehensive Plan pertaining to right of way dedications, street frontage improvements and access to, and within, the proposed development. Cereghino Farms Page 9

10 B. The following items are project requirements from the Department of Transportation and Development s Development Engineering Division. These conditions of approval are not intended to include every engineering requirement necessary for the successful completion of this project, but are provided to illustrate to the applicant specific details regarding the required improvements that may prove helpful in determining the cost and scope of the project. These conditions are based upon the requirements detailed in the County s Comprehensive Plan (Comp Plan), the County s Zoning and Development Ordinance (ZDO) and the County s Roadway Standards. Additional requirements beyond those stated in the conditions of approval may be required upon further review of the specific plans for the required access road improvements. The applicant may discuss the requirements of the project with staff at any time. C. The requirements specifically required by the Comp Plan and the ZDO cannot be modified by the Development Engineering Division. However, the requirements detailed in these conditions of approval, derived from the Roadway Standards, are based upon nationally accepted standards and engineering judgment and may be modified pursuant to Section 170 of the Roadway Standards. The applicant is required to provide sufficient justification to staff in the request. Staff shall determine if a modification is warranted. Modifications of these conditions may be permitted upon review and approval of the Engineering Div. and the Planning and Zoning Div. staff provided any changes comply with the relevant requirements of the ZDO, Comprehensive Plan and Roadway Standards. D. Prior to final plat approval: A Development Permit is required from the Engineering Division for review and approval of frontage improvements, on-site improvements and off-site improvements. The Permit shall be obtained prior to commencement of site work and recording of the final partition plat. To obtain the permit, the applicant shall submit construction plans prepared and stamped by an Engineer registered in the State of Oregon, or plans acceptable to the Engineering Division, provide a performance guarantee equal to 125% of the estimated cost of the construction, and pay a plan review and inspection fee. The fee will be calculated as a percentage of the construction costs if it exceeds the minimum permit fee. The minimum fee and the percentage will be determined by the current fee structure at the time of the Development Permit application. E. Prior to final plat approval: All required improvements shall be designed and constructed by the applicant, inspected and approved by the County, or the required improvements shall be financially guaranteed by the applicant pursuant to Section 1311 of the ZDO. F. All required street, street frontage and related improvements, and the shared private access roads shall comply with the standards and requirements of the Clackamas County Comprehensive Plan, Clackamas County Zoning and Development Cereghino Farms Page 10

11 Ordinance, and with the Clackamas County Roadway Standards, unless otherwise noted herein. G. The applicant s surveyor shall verify by survey that a minimum 36-foot wide, onehalf right-of-way width exists along the entire site frontage, on the southerly side of Lake Road or the applicant shall dedicate additional right-of-way as necessary to provide it. A dedication, if required, shall be illustrated, labeled and dimensioned on the final plat. H. The applicant surveyor shall verify by a professional survey that a minimum 27- foot wide, one-half right-of-way width exists along the entire site frontage, on the easterly side of Kuehn Road, including the realigned portion, or the applicant shall dedicate additional right-of-way as necessary to provide it. In addition, the applicant shall dedicate a full 54-foot wide right-of-way for a portion of the realigned Kuehn Road, starting at the southerly side of the Lake Road right-of-way and continuing southerly until the 54-foot wide westerly right-of-way line intersects with the existing Kuehn Road easterly right-of-way line. Right-of-way dedications shall be illustrated, labeled and dimensioned on the final plat. I. The three new streets, Barbara Lynn Way, Pollard Place and Sprout Lane, shall all be provided with minimum 54-foot wide right-of-way widths. The cul-de-sac bulb at the southerly end of Sprout Lane shall provide a minimum 61-foot radius rightof-way. Right-of-way dedications for the three new streets shall be illustrated, labeled and dimensioned on the final plat. J. Prior to final plat approval: The applicant shall provide a fire access and water supply plan for this subdivision to the local Fire District for review. The plan shall show fire apparatus access, fire lanes, fire hydrants, fire lines, available fire flow, FDC location(s) if applicable and building square footage and type of construction, if applicable. The applicant shall provide fire flow tests per NFPA 291 that shall be no older than 12 months. Work to be completed by experienced and responsible persons and coordinated with the local water authority. (Applicable for developments with potable water supply provided by a water authority.) K. Prior to final plat approval: The applicant shall provide sight distance exhibits, based on survey data, which demonstrate the provision of the minimum required intersection sight distances and stopping sight distances, in compliance with Roadway Standards section 240, for the Lots 42, 43 and 45 driveway approach intersections onto Kuehn Road, for the intersection of Lake Road with Kuehn Road, for the four uncontrolled intersections of Kuehn Road with Barbara Lynn Way, Kuehn Road with Pollard Place, Sprout Lane with Pollard Place and Sprout Lane with Barbara Lynn Way, and for the shared driveway approach intersections with Sprout Lane. L. Sight line easements at the four uncontrolled intersections, Kuehn Road and Barbara Lynn Way, Kuehn Road and Pollard Place, Pollard Place and Sprout Lane Cereghino Farms Page 11

12 and Barbara Lynn Way and Sprout Lane shall be illustrated, labeled and dimensioned on the final plat and shall be as required by AASHTO subsection (Case A). M. The applicant shall grant eight-foot wide public easements for signs, slopes, and public utilities purposes along the entire site frontages of Lake Road and Kuehn Road as well as the westerly side of the realigned Kuehn Road where the easement may be located within the limits of the applicant s ownership. N. The applicant shall grant eight-foot wide public easements for signs, slopes, and public utilities purposes on both sides of the three new streets including the Sprout Lane cul-de-sac. The easements shall be illustrated, labeled and dimensioned on the final plat. O. The applicant shall provide minimum 20-foot wide access and utility easements, as illustrated on the preliminary plan set, in order to accommodate the required improvements associated with the shared private roads needed to provide access for lots nearby but without frontage on a public road, specifically Sprout Lane. Onsite passenger vehicle turnarounds shall be provided for all properties utilizing access and utility easements intersecting with Sprout Lane so that long backing maneuvers are not required for the properties near to Sprout Lane, but without frontage on Sprout Lane. Access easements as required shall be provided for all on-site passenger vehicle turnarounds. All access and utility easements shall be illustrated, labeled and dimensioned on the final plat. P. The applicant shall establish a 10-foot wide private utility easement and a 20-foot wide private sanitary sewer and storm drainage easement over portions of Lot 43 as illustrated on the preliminary plan set. The easements shall be illustrated, labeled, and dimensioned on the final plat. Q. The applicant shall establish a minimum 15-foot wide public access easement to provide for an accessway, between Barbara Lynn Way and Lake Road, at a location generally within the limits of Lots 6, 7, and 8. The applicant shall design and construct a minimum 8-foot wide hard-surfaced path that may include stairs centered within the accessway easement. The path and/or stairs shall be maintained by the Cereghino Farms subdivision homeowners association. R. The applicant shall establish a minimum 20-foot wide public access easement to provide for an accessway to be constructed by the City and/or NCPRD in future beginning at the southerly terminus of Sprout Ln. and continuing through Tract A to the westerly boundary of tax lot 100, map no. 2-2E-06AC, owned by the City of Milwaukie, and part of North Clackamas Park. The applicant shall coordinate the exact alignment of the easement with the North Clackamas Parks and Recreation District. Cereghino Farms Page 12

13 S. The shared private access road travel surfaces shall comply with Roadway Standards Drawing R100 requirements and the shared private road approach intersections with Sprout Lane shall comply with Roadway Standards Drawing D650. The approaches shall intersect Sprout Lane at 90-degree angles, shall provide minimum 20-foot long landings with grades no steeper than 5% for the first 20 feet, and shall provide minimum 20-foot long tangents. T. Prior to issuance of individual building permits for lots 42, 43 and 45, which only have frontage on Kuehn Road: Each individual property owner shall obtain an Entrance Permit for their individual driveway approach prior to its construction. U. Each of the individual driveway approaches in the subdivision shall comply with Roadway Standards Drawing D650 and each driveway approach shall comply with Roadway Standards section 240 stopping sight distance requirements with intersection sight distances at least equal to the required stopping sight distances. Each on-site driveway shall comply with Roadway Standards Drawing R100. Driveways less than 20 feet in width shall be centered in minimum 20-foot wide clear zones. Driveways shall be paved for their entire length. Each individual property owner with frontage on a public street shall be responsible for their own driveway improvement expenses and compliance with the requirements in this condition. V. Each of the shared private access road/shared driveway approaches shall comply with Roadway Standards Drawing D650 and shall be designed and constructed by the applicant at the locations illustrated on the preliminary plan set where the shared accesses intersect with Sprout Lane. W. Each of the shared private roads/shared driveways, intersecting with Sprout Lane, shall be designed and constructed from Sprout Lane to the easterly property lines of Lots 23, 27, 30, and 31 and a minimum of 10 feet westerly from the easterly property line of Lot 34, all in accordance with Roadway Standards Drawing R100. X. The entire length of the storm water facility access drive shall be designed and constructed by the applicant in accordance with Roadway Standards Drawing R100 between the Sprout Lane cul-de-sac bulb and the northerly property line of Tract A. Y. A note/restriction shall be included on the final plat prohibiting direct vehicular access to Kuehn Road from lots with frontage on Barbara Lynn Way or Pollard Place. Z. A note/restriction shall be included on the final plat prohibiting direct vehicular access to Lake Road from Lots 1-8. AA. A note/restriction shall be included on the final plat prohibiting access to the proposed access and utility easements for Lots 21 and 24 and either lot 29 or 32 Cereghino Farms Page 13

14 to the easement located over the common property line between the two lots, and Lot 36. BB. The applicant shall design and construct the following improvements along the entire site frontage of Lake Road: 1. Up to a 23-foot wide one-half street improvement in accordance with Roadway Standards Drawing C100 and standard curb, or curb and gutter if curb line slope is less than one percent. 2. All Lake Road street improvements associated with the left turn lane that may be in excess of a one-half street improvement shall be designed and constructed by the applicant in accordance with County standards. The left turn lane queue storage shall measure a minimum of 12 feet in width. The specific queue storage length shall be proposed by the applicant and requires approval from Engineering staff before the length is finalized. The eastbound travel lane shall measure a minimum of 11 feet in width. 3. Appropriate tapers in accordance with County standards shall be provided including the taper to the west, a portion of which is within the jurisdiction of the City of Milwaukie. The eastbound bike lane shall measure six feet in width. 4. A minimum five-foot wide unobstructed sidewalk behind a minimum five-foot wide landscape strip with street trees. The applicant shall relocate mailboxes, fire hydrants, utility poles, etc., when they are located within the limits of the sidewalk. 5. One ADA-compliant bus stop measuring a minimum of 30 feet in length and nine feet in width, curb tight, located where required by TriMet and in compliance with TriMet requirements. 6. One fully ADA-compliant concrete ramp at the easterly terminus of the sidewalk providing a transition from the sidewalk to the Lake Road pavement. 7. Minimum 25-foot curb radii at the southwesterly and southeasterly corners of the intersection with Kuehn Road. 8. Two fully ADA-compliant ramps shall be designed and constructed to facilitate easterly/westerly and northerly/southerly pedestrian crossings of Kuehn Road and Lake Road, as illustrated on the preliminary plan set, at the southeasterly corner of the intersection. 9. Drainage facilities in conformance with Water Environment Services requirements, ZDO section 1008 requirements and Clackamas County Roadway Standards Chapter four requirements. Cereghino Farms Page 14

15 CC. The applicant shall design and construct the following improvements along the entire site frontage of Kuehn Road: (1) A realignment of Kuehn Road, in accordance with the approved design modification request, which is represented on the preliminary plan set. (2) A minimum 24-foot wide three-quarter street improvement in accordance with Roadway Standards Drawing C100 and standard curb, or curb and gutter if curb line slope is less than one percent from Lake Road to Kuehn Road station as illustrated on the preliminary plan set. (3) A minimum two-foot wide compacted gravel shoulder along the westerly side of the realigned portion of Kuehn Road between Lake Road and Kuehn Road station as illustrated on the preliminary plan set. (4) A minimum 16-foot wide half-street improvement in accordance with Roadway Standards Drawing C100 and standard curb, or curb and gutter if curb line slope is less than one percent between Kuehn Road station and station as illustrated on the preliminary plan set. (5) A minimum five-foot wide unobstructed sidewalk behind a minimum five-foot wide landscape strip with street trees. The applicant shall relocate mailboxes, fire hydrants, utility poles, etc., when they are located within the limits of the sidewalk. Mailboxes shall be relocated or replaced in accordance with United States Postal Service standards. (6) One off-site roadway taper in accordance with Roadway Standards subsection , southerly from Kuehn Road station to the point where the taper matches into the existing pavement width. (7) One fully ADA-compliant concrete ramp at the southerly terminus of the sidewalk providing a transition from the sidewalk to the Kuehn Road pavement. (8) Two public road intersections in accordance with County Standards at the locations illustrated on the preliminary plan set, with the streets named as Barbara Lynn Way and Pollard Place. (9) Drainage facilities in conformance with CCSD#1/Water Environment Services requirements, ZDO section 1008 requirements and Clackamas County Roadway Standards Chapter 4 requirements. DD. The applicant shall design and construct the three new public streets, Barbara Lynn Way, Pollard Place and Sprout Lane generally as illustrated on the preliminary plan set, in accordance with County standards and specifically as follows: Y. Minimum 32-foot wide full width street improvements in accordance with Roadway Standards Drawing C100 and standard curb, or curb and gutter if curb line slope is less than one percent. Cereghino Farms Page 15

16 Z. Minimum five-foot wide unobstructed sidewalks behind minimum five-foot wide landscape strips with street trees. AA. Minimum 20-foot radii at the intersections of Kuehn Road with Barbara Lynn Way, Kuehn Road with Pollard Place, Barbara Lynn Way with Sprout Lane and Pollard Place with Sprout Lane as illustrated on the preliminary plan set. BB. A minimum 50-foot radius paved cul-de-sac bulb in accordance with Roadway Standards Drawing C300 at the southerly terminus of Sprout Lane. CC. Drainage facilities in conformance with CCSD#1/Water Environment Services requirements, ZDO section 1008 requirements and Clackamas County Roadway Standards Chapter 4 requirements. EE. ADA-compliant ramps shall be constructed by the applicant on the three new streets generally as illustrated on the submitted materials plan set. This includes two ramps at Kuehn/Barbara Lynn, two ramps at Kuehn/Pollard, six ramps at Pollard/Sprout, and six ramps at Barbara Lynn/Sprout. Also required are two ramps at the easterly terminus of the Barbara Lynn Way street stub sidewalk improvements at the easterly limits of the subdivision to provide transitions from the ends of the sidewalks to the pavement surface of Barbara Lynn Way. FF. The applicant shall make a good faith effort to minimize the modified driveway grades for the existing three driveways located on the westerly side of the realigned Kuehn Road between Barbara Lynn Way and Lake Road and construct necessary improvements to maintain adequate access from the on-site driveways to the realigned section of Kuehn Road. At a minimum, the resulting driveway grades shall average no more than 12%. 1. The applicant shall also make a good faith effort to relocate the most southerly of the three driveway approaches on the west side of the realigned Kuehn Rd. southerly to improve the grade of the approach and allow for the approach to intersect with Kuehn Road at a 90-degree angle, providing an appropriate landing and tangent in accordance with County standards. 2. All portions of modified driveways shall be paved per Roadway Standards Drawing R100 and driveway approaches for driveways on the westerly side of a realigned Kuehn Road shall comply with Roadway Standards Drawing D500 requirements. GG. The applicant shall provide and maintain adequate intersection sight distances and stopping sight distances for all vehicular access intersections with Kuehn Road, Barbara Lynn Way, Pollard Place and Sprout Lane in accordance with Roadway Standards section 240 requirements and AASHTO requirements. This includes the intersection of Kuehn Road with Lake Road. In addition, no plantings Cereghino Farms Page 16

17 at maturity, retaining walls, embankments, rock outcroppings, fences or any other objects shall be allowed to obstruct minimum sight distance requirements. 1. A minimum of 500 feet of intersection sight distance shall be provided and maintained easterly and westerly along Lake Road at the intersection of Kuehn Road with Lake Road. 2. The four uncontrolled intersections, Kuehn/Barbara Lynn, Kuehn/Pollard, Sprout/Barbara Lynn and Sprout/Pollard shall comply with AASHTO subsection (Case A) requiring approach sight triangles with 70-foot long legs which are based on 15 mile per hour speeds. 3. Sight distance requirements for lots 42 and 43 are 80 feet of stopping sight distance for southbound traffic approaching driveway locations. For northbound traffic the stopping sight distance requirement is 200 feet for those two lots. Lot 45 requires 80 feet of stopping sight distance for both northbound and southbound traffic approaching the lot driveway. Each of the three driveways shall also provide intersection sight distances at least equal to the required stopping sight distances. 4. The shared private driveways intersecting Sprout Lane shall utilize an intersection sight distance observation point located 10 feet back from the edge of the Sprout Lane travel lane where the shared driveway serves no more than two properties. If a shared driveway serves more than two properties then the observation point for a shared driveway shall be located 14.5 feet back from the edge of the Sprout Lane travel lane. Minimum intersection sight distance requirements for the shared private road serving tract A and lots 22 and 23 shall be 65 feet northerly. Minimum intersection sight distance requirements for the other three shared private driveways intersecting with Sprout Lane shall be 135 both northerly and southerly. 5. All individual driveways shall comply with minimum stopping sight distance standards per Roadway Standards section 240. Plus, each driveway shall also provide intersection sight distance at least equal to the stopping sight distance measurement. HH. Written verification must be received from the Fire District that adequate emergency services access is provided to each lot. II. Positive drainage shall be provided for all lots to an acceptable surface water management system having the capacity to accommodate the anticipated contribution per Water Environment Services standards, Clackamas County Zoning and Development Ordinance Section 1008 requirements and Clackamas County Roadway Standards chapter four requirements. Cereghino Farms Page 17

18 JJ. The applicant shall provide a copy of the CCSD#1/Water Environment Services approved drainage study and surface water management plan to DTD Engineering, Deana Mulder prior to road construction plans review approval. KK. A Utility Placement Permit shall be required for any utility work required within the rights-of-way of Lake Road and Kuehn Road. LL. The applicant s attorney and/or surveyor or engineer shall provide written verification that all proposed lots have legal access and utility easements as required prior to recording of the plat. MM. Private road maintenance agreements for the shared private roads implementing ORS at minimum shall be recorded with the plat. Any required signing associated with the shared private roads shall also be included in the maintenance agreement. The applicant shall install and the HOA shall maintain all signing required by Clackamas Fire District #1. Signing requirements may include, but are not necessarily limited to, street name signs, sign posts, address signs, and NO PARKING, FIRE LANE signs. NN. The applicant shall provide sanitary sewer, storm drainage and domestic water easements as deemed necessary by the DTD Engineering Division, CCSD#1/WES and the CRWD after final plans reviews. All such easements shall be shown and properly referenced upon the final subdivision plat. OO. Following completion of site construction activities for this subdivision, the applicant shall provide as-built Fire Access and Water Supply pdf plans to the local Fire District and the County. The pdf plans shall show fire apparatus access, fire lanes, fire hydrants, fire lines, available fire flow, FDC locations if applicable and building square footage and type of construction, if applicable. The plans shall include any supporting details of the access, circulation, water vaults, fire lines, valves, FDC, backflow devices, etc. For this proposal, the pdf as-built plan sheets shall be transmitted to mike.boumann@clackamasfire.com (Deputy Fire Marshal Mike Boumann) and deanam@co.clackamas.or.us (Development Review Coordinator Deana Mulder). PP. The applicant s Engineer shall provide AS-BUILT paper copies to the Engineering Division following completion of construction. The AS-BUILT drawings shall be full size, to scale, engineered drawings, depicting the constructed improvements within the County right-of-way of Lake Road and Kuehn Road and the three new public right-of-ways for Barbara Lynn Way, Pollard Place and Sprout Lane. QQ. Before the County issues a Development Permit, the applicant shall submit a construction vehicle management and staging plan for review and approval by the County DTD, Construction and Development Section, if the public road right-ofway is planned to be used for construction staging. That plan shall show that Cereghino Farms Page 18

19 construction vehicles and materials will not be staged or queued-up on public streets and shoulders without specific authority from DTD. If the public road rightof-way is not planned to be used for construction staging, a note shall be added to the construction drawings stating that the public road right-of-way will not be used for construction staging. RR. The applicant s surveyor/engineer shall certify that the proposed road construction corresponds to the approved plans. V. CCSD#1/WES Conditions: Erik Carr, (503) , ecarr@clackamas.us A. The proposed development is subject to the CCSD#1 Rules & Regulations and Standards. Therefore, the developer is required to submit sanitary, storm and erosion control plans to the CCSD#1 for review and approval prior to final plat approval. B. Any sanitary sewer extensions, connection to the sanitary sewer system, and/or surface water management shall be governed by the District s Rules, Regulations, and Standards and shall be required to submit plans, reports, and documentation as required by the District. All plans shall be prepared by a licensed civil engineer for review and approval by the District. (District Rules, Section 11.1 and 12.2) C. Sanitary and storm sewer systems shall be complete in all respects and accepted by the District in accordance with the Rules, Regulations, and Standards prior to final plat and building permit approvals by the District. D. Any necessary public or private sanitary or stormwater drainage easements, as determined by the District, shall be obtained and provided by the applicant/developer/owner(s) at their expense. The easement(s) shall be reviewed and approved by the District and recorded with the Clackamas County Clerk s Office prior to plat approval. (Sanitary Standards, Section 5.3.2) E. All costs associated with the design, construction and testing of the sanitary sewer or storm system, including onsite and offsite improvements and easements shall be provided by, and at the sole expense of the applicant/developer/property owner(s). (Sanitary Standards, Section 4) F. All properties connecting to the sanitary and/or storm sewer systems are subject to applicable fees and charges and shall be paid before building permits will be issued. District charges and fees are subject to change without notice to the applicant(s) of this planning application. G. For sanitary sewer service, the following shall apply: Cereghino Farms Page 19

20 1. An extension of the District s sanitary sewer system shall be required to serve this development and shall be constructed in accordance with District sanitary sewer standards. (Sanitary Standards, Section 3.2) 2. Any sanitary sewer extension proposed for connection to the District sanitary sewer system shall be designed, constructed and tested under the continuous inspection of a registered professional engineer, and in accordance with the District sanitary sewer engineering agreement. (District Rules, Section 11) 3. Any extension of the District s sanitary sewer shall be conveyed to the District for ownership. All conditions of the Public Sanitary Sewer Extension Permit shall be met before final acceptance by the District, in accordance with Sanitary Standards, Section Public sewer mainlines shall be located either in the public right-of-way or within a sanitary sewer easement granted to CCSD#1. Easements for mainline sanitary sewer shall have a minimum width of 15-feet. (Sanitary Standards, Section 3.2) 5. A separate and independent service connection shall be provided to each lot, including any necessary easements. Each service lateral shall terminate with a cleanout at the front edge of the Public Utility Easement (PUE), at the the property line, or at the edge of a Public Sanitary Sewer Easement. (Sanitary Standards, Section 5.5.5) 6. Any existing on-site septic tank(s) and drain fields within the boundary of the development shall be removed or abandoned in compliance with DEQ regulations. (Sanitary Standards, Section 3.2.2) 7. For any lots located below the available gravity sanitary sewer mainline, the developer shall install pumping facilities in accordance with District Rules and Regulations. The property owner will be required to enter into an agreement with the District regarding the terms and conditions of connection and pumping. (Sanitary Standards, Section 5.5.7) 8. The private pumping system shall extend from the building to a clean out at the property line. The private system shall connect to the District s mainline via a 4 gravity sanitary sewer service connection lateral. The permitting of the private pressure main shall be determined by plumbing code. 9. Any property serviced by a pressure main located in the right-of-way will be required to own and maintain the private lateral. A document will be recorded with the plat stipulating the property owner will own and maintain the private lateral in the street from mainline/manhole to the property line. Cereghino Farms Page 20