BEFORE THE LAND USE HEARINGS OFFICER OF CLACKAMAS COUNTY, OREGON

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1 BEFORE THE LAND USE HEARINGS OFFICER OF CLACKAMAS COUNTY, OREGON Regarding an Application for a 17-Lot ) Case File Nos. Planned Unit Development Subdivision and ) Z SL & Habitat Conservation Area Development ) Z HCA Permit. ) (Mountain View) A. SUMMARY 1. The owners are Mark Schroeder and Caroline Schroeder. The applicants are Mountain View Development, Inc. and Paragon Development LLC. 2. The subject property is located west and north of 4421 Southeast Pinehurst Avenue, Milwaukie, OR The legal description is T2S, R2E, Section 06CB, Tax Lots 2300 and 2400; and T2S, R2E, Section 06CC, Tax Lot 200, W.M. The subject property is approximately 4.57 acres and is zoned Urban Low Density Residential R On June 28, 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 June 28, 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 agents, Ben Altman and Matt Sprague, argued in favor of the application. Mountain View Development Page 1

2 4. A number of neighbors testified in opposition to the application. 5. At the conclusion of the public hearing, the Hearings Officer left the record open for one week for new evidence, one additional week for responses to the new evidence, and one additional week for the applicant s final legal argument. C. FACTS The subject property is an approximately 4.57-acre parcel zoned R-10 located west and north of 4421 Southeast Pinehurst Avenue, Milwaukie, OR The property consists of two rectangular areas a northeast area and a southwest area. The northeast area contains the Habitat Conservation Area (HCA), which protects an unnamed creek that runs north to south along the northeastern edge of the property and eventually drains into Kellogg Creek. There are also steep slopes in the HCA. The southwestern area does not contain any protected areas and is much flatter. The entire property is undeveloped and except for the HCA is largely devoid of trees. The application proposes 8 lots in the southwestern area and 9 lots in the northeastern area. The northeastern area would also contain a drainage tract and an open space tract which would protect the HCA. 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 are 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 reports, and I agree with those findings. I therefore adopt and incorporate the findings in the staff reports in this decision, except as discussed further. Opponents argue that the proposed 17-lot planned unit development (PUD) violates the density and lot size provisions of the Clackamas County Zoning and Development Ordinance (ZDO). The staff report clearly explains how the proposed PUD meets the density requirements: The applicant has submitted a density calculation with the application for a subdivision in the R-10 zoning district which permits a base density 1 There are two staff reports: one for the subdivision approval criteria and one for the HCA approval criteria. Mountain View Development Page 2

3 of one unit per 10,000 s.f. of land area. The maximum density is calculated as 199,505 s.f. (gross site area) minus new road area of 21,407 s.f. and HCA impact area of 6218 s.f. resulting in a net site area of 171,880 s.f. The net area is divided by 10,000 s.f./unit (lot) resulting in a required maximum density of or 17 lots. Subdivision Staff Report 14. The staff report clearly explains why 17 lots are allowed. Opponents repeatedly argued that subtracting the approximately 90,000 square feet being used for non-residential tracts would result in a total of 9-12 permissible lots. The proposal, however, is for a PUD. PUDs allow for density transfers from protected lands such as the HCA. The staff report properly explains the density calculations. Opponents also argue that because the proposals has lot sizes under 10,000 square feet that the proposal violates the minimum lot-size requirements. Again, opponents do not understand the PUD provisions. Under the PUD provisions there are no minimum lot size requirements. As the staff report explains: [ZDO] (D) governs lot sizes for planned unit developments. Non-residential tracts such as proposed Tracts A-D are exempt from minimum lot size requirements. For PUDs in the Low Density Residential zoning districts such as the R-10 zoning district, there is no minimum lot size specified for building lots; e.g. Lots This modifies the minimum lot size requirements otherwise required for non- PUD developments in the R-10 zoning district. Subdivision Staff Report 15. Opponents argue that the proposed building parcels do not meet the solar access requirements. Initially, the solar access requirements of ZDO 1017 do not serve as restrictions on density. Furthermore, ZDO provides for adjustments to the solar standards. ZDO (A)(2) provides for an adjustment when: There is a significant natural feature on the site, identified in the comprehensive plan or development ordinance, that prevents given streets or lots from being oriented for solar access, and it will exist after the site is developed. There is an existing north-south access road that will be expanded into the private road for the PUD. This requires the street system to be oriented north to south, which Mountain View Development Page 3

4 prevents compliance with the solar access requirements. The applicant s narrative explains why an adjustment is warranted: The applicant is requesting an adjustment for all 17 lots, consistent with [ZDO (A)(2)]. Applying these standards would require larger lots, thereby reducing density. Further, there is a significant feature (WRA/HCA) on the site, identified as such on the Comprehensive Plan, which prevents the streets and lots from being oriented for solar access. The protected resources will remain after the site is developed, and will be set aside in a separate Tract for conservation purposes. Applicant s Narrative I agree with the applicant that an adjustment to the solar access standards is warranted under ZDO (A)(2). Opponents argue that the application does not address development on slopes greater than 20% as required by ZDO , , and While there are areas of slopes over 20% on the property, all of those areas are within the HCA and no development is proposed for those areas. Therefore, the application does not violate any of the cited ZDO provisions. Opponents argue that there is not sufficient evidence to comply with ZDO (A)(2) that the development has been designed so that water and stream quality is protected through adequate drainage and erosion control. The applicant provided a Geotechnical Engineer s report which provides guidance for development adjacent to steep slopes, including setbacks. The proposal meets or exceeds County standards related to development near steep slopes, density requirements, natural resource protection, and storm water treatment. In any event, ZDO (A)(2) only applies to development on slopes of 20% or greater. None of the proposed development is on slopes of 20% or greater. Opponents argument provides no basis to deny the application. Opponents argue that the proposal violates ZDO (A)(3) because buildings are not clustered to reduce alteration of terrain or to provide for preservation of natural features. Initially, the proposed building are clustered to provide for the preservation of natural features the HCA. Furthermore, ZDO (A)(3) only applies to developments on slopes of 20% or greater which as explained is not the situation in the present case. Opponents arguments do not provide a basis to deny the application. Mountain View Development Page 4

5 Opponents argue that the proposal violates ZDO (A), which requires development to protect river and stream corridors through adequate drainage and erosion control. The proposal sets aside the protected HCA in Tract C. Tract B is a water quality facility designed with the applicable standards to maintain and enhance water quality by filtering on-site storm water prior to discharge. Best management practices are required to control erosion. This satisfies ZDO (A). Opponents challenge the proposal s surface water and storm drainage management plan. ZDO (A) requires the proposal to provide for positive drainage and adequate conveyance of storm and surface water run off * * * to an appropriate discharge point. * * *. ZDO (C) requires an applicant to provide a preliminary statement of feasibility from the surface water management regulatory authority. The applicant s surface water and storm drainage management plan describes how it will adequately manage surface water and storm drainage and convey it to an appropriate discharge point. The plan was reviewed by the applicable surface water management authority (CCSD #1) and the authority issued a preliminary statement of feasibility. This satisfies ZDO ZDO 1008 requires a plan for storm drainage and erosion control for significant residential development such as the proposal. The staff report explains that the surface water and storm drainage plan has been reviewed by the appropriate regulatory authority for the area and a statement of feasibility was issued. Additional plan review will be required prior to final subdivision approval to ensure compliance with the regulatory authority s requirements. There are proposed conditions of approval that ensure that these requirements will be met. The applicant s expert explained that the storm drainage report has been analyzed to determine the proposed peak runoff rates for the water quality, 2, 25, and 100 year 24- hour storm events. The report uses runoff curve numbers in conjunction with the property s hydrologic soil group to model the site permeability. The proposal would utilize a stormwater detention pond on Tract B. The pond is sized using the regulatory agency s sizing tool. The site is designed to manage stormwater for the 141,520 square feet of the development site. Opponents challenge this number and argue that it should be sized for 199,000 square feet. Opponents fail to realize the additional 50,000 plus square feet they reference is the HCA. The 141,520 square feet is the square footage of the proposed Mountain View Development Page 5

6 development. The water would be detained before entering the 50,000 plus square foot HCA. In other words, the detention pond adequately serves the proposed development. Per the requirements of the regulatory agency, the drainage system has been designed to discharge the 2 year, 24 hour post-development rate to one-half the pre-development rate. In other words, the proposed development would actually improve the stormwater and drainage situation over the current state. Opponents do not specifically dispute the applicant s expert report and testimony regarding the surface water and storm drainage report. The applicant s expert s evidence is much more persuasive than opponents objections. I agree with the applicant s expert and the staff report that the surface water and storm drainage plan satisfies all of the applicable approval criteria. Finally, opponents 2 argue that a culvert box downstream was designated as a downstream constriction in another land use matter. Even if that is true, the present storm drainage plan explains that it is not a downstream constriction. Furthermore, even if it were a downstream constriction, as explained, the storm drainage plan would actually reduce storm water flows into the system. Opponents argue that the proposal does not save enough trees. Opponents do not cite any applicable provisions, but ZDO (A) provides that [e]xisting wooded areas, significant clumps or groves of trees and vegetation, consisting of conifers, oaks and large deciduous trees, shall be incorporated in the development plan wherever feasible. ZDO (A), however, also provides that the preservation of these natural features shall be balanced with the needs of the development, but shall not preclude development of the subject property, or require a reduction in the number of lots or dwelling units otherwise permitted. The proposed layout is necessary to protect the HCA and provide the allowed density. Although opponents argue that removing 30% of the trees is objectionable that is a much better retention of trees than is usually seen. In any event, the proposal easily satisfies ZDO Opponents argue that the proposal will cause traffic and safety problems. ZDO (C) provides that [a]pproval of a development shall be granted only if the capacity 2 Opponents argue that there is no guarantee the stormwater detention facilities will be maintained. The proposed conditions of approval require a Homeowners Association that will, among other things, maintain the stormwater detention facilities. Mountain View Development Page 6

7 of the transportation facilities is adequate or will be made adequate in a timely manner. The staff report explains: At the present time SE Pinehurst Avenue operates during the mid-day one hour peak and first and second hours of the PM peaks at acceptable volume to capacity (v/c) ratios, below the maximums which are.90 and.99 respectively. Subdivisions that create fewer than 20 lots do not require a traffic study. The addition of 17 more potential building sites, with an estimated increase of 162 more vehicle trips per day, with 13 more vehicle trips during the AM peak hour and 17 more trips during the PM peak hour period, will not adversely impact the current v/c ratios. Therefore, the County s concurrency requirements as they relate to the transportation system are met by the applicant s proposal. Subdivision Staff Report 13. As the staff report explains, the area s transportation system is more than adequate to handle the small amount of additional vehicle trips that would be generated by the proposed development. Opponents also argue that the proposed road is not safe and there will be other dangerous areas near the proposed development. The location of the proposed new street is designed consistent with County standards. The County Department of Transportation and Development (DTD) reviewed the proposal and concluded that the proposed design is safe and satisfies sight distance and other safety standards. 3 Although Southeast Pinehurst Road is a narrow road, the applicant would be required to improve its frontage to County standards. This would significantly improve the situation in the area. DTD persuasively explains how the proposal satisfies all applicable traffic and safety concerns. I agree with DTD. 4 Opponents argue that the proposal violates ZDO (D)(4) regarding potential hazards to safety. ZDO (D)(4) is a submittal requirement not an approval criterion. In any event, the applicant adequately addressed the flood and soil hazards raised by opponents as discussed earlier. Opponents arguments do not provide a basis to deny the application. 3 There is also an area on the private road for an emergency turnaround that satisfies fire safety standards. 4 The proposed conditions of approval require a Construction Vehicle Management and Staging Plan to minimize disruption from construction. Mountain View Development Page 7

8 Opponents expressed concerns about impacts on wildlife. There is nothing in the ZDO that requires specific protection of wildlife other than the requirements for the HCA. The staff report thoroughly explains how the HCA approval criteria are satisfied, and opponents 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 HCA, 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. 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. Mountain View Development Page 8

9 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, Fawn Meadows, 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. 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 for a home 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 Mountain View Development Page 9

10 necessary by the County DTD, Engineering Div., the CCSD#1, the OLWSD, 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 OLWSD and the CRWD that the standards and specifications for water service to each lot and plans for extension of the public water system needed to serve the development have been reviewed and approved by these agencies. N. Grading: All grading, filling, and excavation done in connection with any development shall be in accordance with the County Excavation and Grading 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 a County Grading Permit and an Oregon DEQ NPDES 1200-C permit. A. All lots shall be graded to provide for gravity flow from homes for sanitary and storm water disposal. A. 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. A. 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. Mountain View Development Page 10

11 A. 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. O. 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) P. Street Lighting: Streetlights are a requirement for the subdivision and shall be installed pursuant to the standards of the CCSD #5. Prior to final plat approval, the developer shall make arrangements for the installation and maintenance of streetlights with the CCSD#5 and pre-wire for acceptance of these streetlights. 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, ). Q. 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. R. Planning and Zoning Division General Conditions: Rick McIntire, (503) , or rickmci@clackamas.us A. All development and uses within the plat shall conform to the requirements of Section 315 of the ZDO as modified by Section 1013 of the ZDO. Nothing in this approval shall be construed to allow any use or structure that is not otherwise permitted subject to Sections 315 and 1013 of the ZDO. B. The applicant/developer shall comply with all conditions of approval of Planning File No. Z HCA. C. Prior to final plat approval, the applicant shall reserve a name for the new private roadway, Tract A. Contact Linda May of the County Planning and Zoning Division at or lindamay@clackamas.us. The applicant/developer shall make arrangements for the manufacture and Mountain View Development Page 11

12 installation of a private street name sign at the intersection with SE Pinehurst Ave. Contact County Engineering Division construction plans reviewer for more information. D. Prior to final subdivision plat approval, the applicant shall submit a tree survey showing all trees with a 6-inch dbh or greater within the site, but not including the area of Tract C. The survey shall note all such trees proposed to be removed and any to be retained, for review by the Planning and Zoning Division prior to final plat approval and commencement of site work. For any trees proposed to be removed within 20 feet of the west boundary of the subject property, the applicant shall submit a report prepared by a certified arborist justifying the reasons for removal of such trees. For any trees required to be retained, a tree protection and retention plan and exhibit map shall be recorded with and referenced upon the final plat as a deed restriction over the affected lots. E. This subdivision will contain four non-residential tracts; Tracts A D. Therefore; the following requirements shall be satisfied to provide for the common ownership and maintenance of these tracts: 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) and (D) of the ZDO to own and manage the tracts and any other 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 C, shall be preserved as common open space for the benefit of the owners of all lots in the plat in perpetuity unless the requirement is modified per Section (D)(1) of the ZDO. 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. Mountain View Development Page 12

13 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 the common tracts to the Homeowner s Association upon recording of the final plat. Note that conveyance of the tracts to the HOA shall be accomplished by separate instrument recorded with and referenced upon the final plat concurrent with plat recording. S. 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 T. 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. Mountain View Development Page 13

14 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 and private access road improvements. The Permit shall be obtained prior to commencement of site work and recording of the 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 Ordinance, and with the Clackamas County Roadway Standards, unless otherwise noted herein. Mountain View Development Page 14

15 G. The applicant shall dedicate sufficient additional right-of-way width on the northerly side of SE Pinehurst Avenue as necessary to provide a 27-foot wide onehalf public right-of-way along the entire property frontage. The right-of-way centerline width shall be verified by a professional survey to the satisfaction of the Engineering and Survey Departments. H. The applicant shall grant an 8-foot wide public easement for signs and public utilities purposes along the entire site frontage of SE Pinehurst Avenue. I. The applicant shall design and construct improvements along the entire site frontage of SE Pinehurst Avenue to local roadway standards, per Clackamas County Roadway Standards Drawing C110. These improvements shall consist of: 1. A one-half street improvement of 16 feet in width from the right-of-way centerline, with a structural section per Standard Drawing C100 for a local roadway. 2. Inbound and outbound tapers shall be provided beyond the site frontage, per Section of the Clackamas County Roadway Standards. 3. Standard curb, or curb and gutter if curbline slope is less than one percent. 4. A minimum 5-foot wide landscape strip with street trees shall be provided. 5. A 5-foot wide unobstructed sidewalk shall be constructed. Where the sidewalk does not connect to existing sidewalk, a concrete ADA compliant curb ramp shall be provided at the end of the sidewalk. 6. Drainage facilities in compliance with Section 1008, WES/CCSD#1 standards and Clackamas County Roadway Standards Chapter 4. J. The applicant shall design and construct improvements for the new private roadway extending northerly from SE Pinehurst Avenue and serving lots 1 through 17, which will consist of: (1) A minimum width driving surface of 24 feet, with standard curbs on both sides of the roadway and a 5-foot wide curb-tight sidewalk on the west side of the roadway. If parking is proposed on one side of the road, a minimum 26-foot curb to curb road width shall be constructed. (2) The private road improvements shall be located within a private access and utility easement that encompasses the required improvements. The private road shall be referenced on the final plat as a reciprocal and perpetual, common access and utility easement and shall benefit proposed Lots 1-17 of the subdivision, and properties that currently have access rights through the project site to SE Pinehurst Avenue. Mountain View Development Page 15

16 (3) The structural section for the new private road improvements shall comply with Clackamas County Roadway Standards, R100. Road design and construction shall be in accordance with the geotechnical report recommendations provided by Geopacific Engineering, dated February 1, The geotechnical engineer shall observe road and wall construction as recommended, and shall provide written verification that the improvements are consistent with the geotechnical report. (4) The maximum road grade shall be 12 percent, unless approved by the fire marshal and the Engineering Division. (5) A minimum 26-foot wide concrete approach shall be provided at SE Pinehurst Avenue, consistent with Standard Drawing D600. (6) Concrete driveway approaches for each lot where access is taken from the private road, per Standard Drawing D600. (7) An approved emergency vehicle turnaround which complies with County Roadway Standards drawing C350 shall be provided at or near the end of the private road and located within the shared access easement. (8) Written verification must be received from the Fire District that the roadway will support a fire apparatus, that a sufficient turnaround exists or will be constructed, that corner radii are acceptable, and that vertical and horizontal clearances are acceptable. The minimum width of the turnaround shall be 24 feet, located within a shared access easement. (9) The emergency vehicle turnaround shall be signed and/or striped FIRE LANE NO PARKING. Where the private road is 24 feet in width, there shall be no parking on both sides of the road. A road width of at least 26 feet allows parking on one side of the road only. Installation of signs and/or striping shall be completed prior to recording the plat. The developer is responsible for replacing all signs damaged or removed during home and street construction. Thereafter, the HOA shall be responsible for maintenance of the signing and striping. (10) Provide a private street name sign at the intersection of the private road and SE Pinehurst Avenue. (11) A shared private road maintenance agreement for the shared private road implementing ORS at minimum shall be recorded with the plat. (12) Drainage facilities in conformance with CCSD#1/Water Environment Services requirements, ZDO section 1008 requirements and Clackamas County Roadway Standards Chapter 4 requirements. K. The private road proposed within Tract D shall be constructed prior to final plat approval. Minimum access requirements for 1-3 lots shall include a 20-foot of legal access, with a minimum 12-foot wide paved roadway, per Standard Drawing Mountain View Development Page 16

17 R100. Access rights and maintenance provisions for Tract D shall be identified on the plat. L. Written verification must be received from the Fire District indicating that adequate access is provided to the proposed lots. M. A Fire Access and water supply plan shall be provided for subdivisions, commercial buildings over 1000 square feet in size or when required by Clackamas Fire District #1. The plan shall show fire apparatus access, fire lanes, fire hydrants, fire lines, available fire flow, fdc location if applicable, building square footage and type of construction. The applicant shall provide fire flow tests per NFPA 291 and shall be no older than 12 months. Work to be completed by experienced and responsible persons and coordinated with the local water authority. N. Following completion of site construction activities for subdivisions, buildings over 1000 square feet or when required by Clackamas Fire District #1, 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 location if applicable, building square footage and type of construction. The plans shall include any supporting details of the access, circulation, water vaults, fire lines, valves, fdc, backflow devices, etc. O. Positive drainage shall be provided for all lots to an acceptable surface water management system having the capacity to accommodate the anticipated contribution per CCSD#1/Water Environment Services standards, Clackamas County Zoning and Development Ordinance Section 1008 requirements and Clackamas County Roadway Standards Chapter 4 requirements. P. 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. Q. A Utility Placement Permit shall be required for any utility work required within the right-of-way of Pinehurst Ave. R. 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. S. The shared private roadway shall be named in accordance with the County Road Naming Ordinance. The applicant shall obtain road name approvals from Linda May of the Planning and Zoning Division prior to final plat approval and the approved road names shall be shown upon the final plat. Street name signs shall be provided by the applicant per County Engineering Division standards prior to final plat approval. Mountain View Development Page 17

18 T. The applicant shall provide sanitary sewer, storm drainage and domestic water easements as deemed necessary by the DTD Engineering Division, the CCSD#1/WES, the OLWSD and the CRWD after final plans reviews. All such easements shall be shown and properly referenced upon the final subdivision plat. U. The applicant s Engineer shall provide AS-BUILT paper copies of full size, to scale, engineered drawings, depicting the constructed improvements within the County right-of-way, to the Engineering Division following completion of construction. V. 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 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. W. 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 located within the service area of Clackamas County Service District No. 1 ( CCSD#1/District ) and shall be subject to District Rules and Regulations, and Standards ( RR&S/Rules ) for sanitary sewer services and surface water management. The applicant shall comply with the following requirements and shall procure the necessary plans approvals and/or permits from CCSD#1 in accordance with District RR&S. B. Any sanitary and storm water management plans and calculations shall be stamped and signed by a civil engineer licensed by the State of Oregon and meet District Standards. The submittals shall be reviewed and approved by the District. The construction, specifications, and testing shall be completed under the direction of the engineer. (District RR&S, Section 12.3) C. All sanitary and storm drainage easements shall be obtained by the applicant prior to plat approval. The District shall determine the need and location of all such easements. (Sanitary Standards, Section 5.3.2) D. 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). Mountain View Development Page 18

19 E. The proposed development shall be subject to applicable District fees and charges, in accordance with District RR&S. All District fees and charges shall be paid before plat approval, and are subject to change without notice to the applicant(s) of this planning application. F. The CCSD#1/WES shall review and approve the final plat for the sanitary and storm sewer systems prior to final plat approval. G. For sanitary sewer service, the following shall apply: 1. Prior to plat approval, a separate and independent sanitary sewer service connection shall be provided to each lot, including any necessary easements. Each service lateral shall terminate with a clean out at the front edge of the Public Utility Easement (PUE) or the property line. (Sanitary Standards, Section 5.5.5) 2. An extension of the District s sanitary sewer system shall be required to serve this development and shall extend to the northwesterly corner of the property in order to allow for continuity of service to upstream properties. The sanitary system shall be complete in all respects, in accordance with the approved plans, prior to plat approval by the District. (Sanitary Standards, Section 3.2) 3. Public sewer mainlines shall be located either in the public right-of-way or within a sanitary sewer easement granted to CCSD#1. (Sanitary Standards, Section 3.2) 4. Any extension of the District s sanitary sewer shall be designed, constructed and tested in accordance with District Rules and Regulations and Sanitary Sewer Standards. The extension shall be constructed under the continuous inspection of a registered professional Engineer. (Sanitary Standards, Section 3.2) 5. 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 All private sanitary sewer improvements shall be permitted by Clackamas County Building Division. 7. Sanitary sewer plan review fees shall apply, equal to 4% of the installed cost of public sewer extension ($ minimum due with the first plan submittal). Mountain View Development Page 19

20 8. Building permits for individual lots shall not be approved by the District until the sanitary system improvements are complete in all respects, in accordance with the approved plans. 9. Sanitary System Development Charges (SDC s) shall apply for each lot per District rules and rates at the time of building permit application. (R&R, Section 4.1) H. For Surface Water Management the following shall apply: 1. All development that creates or modifies 5,000 square feet or more of impervious surface area shall be subject to District storm water Standards, including detention/flow control, infiltration/retention, and water quality treatment. (SW Standards, Section 5 2. A Surface Water Management Plan and Storm Report (SWM Plan) shall be submitted to the District for review and approval, and shall explain how the development will conform to all District Stormwater Standards. The plan shall provide an adequate drainage system for all on-site water, all water entering the property from off-site, and all public right-of-way and road frontage improvements. 3. Water Quality Standard (SW Standards, Section 5.2 ) Water quality facilities shall provide treatment thru either of the following methods: a. Treatment of the first 1-inch of runoff from a 24-hour storm event, using either vegetation (Appendix H) or a Basic Treatment proprietary device (Appendix F); or b. Treatment of 2/3 of a 2-year storm event in 24 hours, using a Pretreatment proprietary device (Appendix F). 4. Infiltration Standard - (SW Standards, Section 5.3) - The first ½ inch of runoff in a 24-hour period must be captured and retained onsite through an approved infiltration system. 5. Detention/Flow Control Standard (SW Standards, Section 5.4) On-site detention facilities shall be designed to reduce the 2-year post-developed runoff rate to ½ of the 2-year pre-developed discharge rate. 6. Conveyance Standards (SW Standards, Section 5.4) - The development shall provide a conveyance system sized for a minimum 25-year design storm. In addition, the conveyance system shall provide an acceptable point of discharge, as approved by the District, and an overflow pathway in the event of any storm water facility failure or bypass. The distance between catch basins shall be 250- ft max. Mountain View Development Page 20