NOTICE OF DECISION. This notice concerns a Planning Director Decision on the land use case(s) cited and described below. Vicinity Map T

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1 MULTNOMAH COUNTY OREGON LAND USE AND TRANSPORTATION PROGRAM 1600 SE 190 TH Avenue Portland, OR PH: FAX: NOTICE OF DECISION This notice concerns a Planning Director Decision on the land use case(s) cited and described below. Case File: T Vicinity Map N Permit: National Scenic Area Site Review and Variance Request to 1). Natural Resource Buffer, 2). Front Yard Setback and 3). Construction on Visible Slopes over 30% Grade. SUBJECT PROPERTY Location: TL 3100, SEC 31BB, 1N-4E R Applicant/ Owner: Mrs. And R. Doug Briggs 970 S.W. Florence Court Gresham, Oregon Summary: Decision: Application for a National Scenic Area permit to build a single family dwelling and a request for a variance to 1). Natural resource buffer, 2). Front yard setback and 3). For construction on visible slopes over 30% grade on Tax Lot 3100, Section 31 BB, Township 1 North, Range 4 East (Case # T ). Approved with conditions. Unless appealed, this decision is effective August 10, 2005, at 4:30 PM. Issued by: By: For: Adam Barber, Planner Karen Schilling - Planning Director Date: July 27, 2005 T Page 1

2 Opportunity to Review the Record: A copy of the Planning Director Decision, and all evidence submitted associated with this application is available for inspection, at no cost, at the Land Use Planning office during normal business hours. Copies of all documents may be purchased at the rate of 30-cents per page. The Planning Director's Decision contains the findings and conclusions upon which the decision is based, along with any conditions of approval. For further information on this case, contact Adam Barber, Staff Planner at Opportunity to Appeal: This decision may be appealed within 14 days of the date it was rendered, pursuant to the provisions of MCC An appeal requires a $ fee and must state the specific legal grounds on which it is based. To obtain appeal forms or information on the procedure, contact the Land Use Planning office at 1600 SE 190th Avenue (Phone: ). This decision cannot be appealed to the Columbia River Gorge Commission (CRGC) until all local appeals are exhausted. This decision is final at the close of the appeal period, unless appealed. The deadline for filing an appeal is August 10, 2005 at 4:30 pm. Applicable Approval Criteria: Columbia River Gorge National Scenic Area General Provisions; MCC , Administration and Enforcement; MCC , Columbia River Gorge National Scenic Area General Gorge Residential (GGR) Districts; MCC , Site Review for General Management Areas (GMA); MCC MCC ; Variances, Copies of the referenced Multnomah County Code sections can be obtained by contacting our office at or by visiting our website at: SCOPE OF APPROVAL 1. Approval of this land use permit is based on the submitted written narrative(s) and plan(s). No work shall occur under this permit other than that which is specified within these documents. It shall be the responsibility of the property owner(s) to comply with these documents and the limitations of approval described herein. 2. Pursuant to MCC , this land use permit expires two years from the date the decision is final if; (a) development action has not been initiated; (b) building permits have not been issued; or (c) final survey, plat, or other documents have not been recorded, as required. The property owner may request to extend the timeframe within which this permit is valid, as provided under MCC Such a request must be made prior to the expiration date of this permit. CONDITIONS OF APPROVAL The conditions listed are necessary to ensure that approval criteria for this land use permit are satisfied. Where a condition relates to a specific approval criterion, the code citation for that criterion follows in brackets. 1. The property owner shall record a copy of the Notice of Decision cover sheet and conditions of approval (pages 1-4) with the Multnomah County Recorder within 30 days of the date this decision becomes final. A copy of the recorded document shall be submitted to the Land Use Planning Office prior to the building permit sign-off (MCC ). T Page 2

3 2. Tree #9 illustrated in Exhibit A9 is known to contain an osprey nest and shall be retained and protected during construction from damage using the specific recommendations provided by Raymond Myer, Certified Arborist in the Tree Protection Plan presented as Exhibit A9 (MCC (B)(2)). 3. The Tree Protection Plan (Exhibit A9) shall be implemented prior to construction and shall be implemented throughout construction as is described within the Plan. The only trees authorized for removal include trees 1, 2, 6, 7, 8, 14, 15, 36 and 37 (MCC (B)(2)). 4. As recommended by Mr. Donald J. VandeBerg, ODFW District Wildlife Biologist (Exhibit A22): Home construction activities should not result in the removal of any active nest tree. An active nest tree is one where courtship, nesting, or fledging activities are currently occurring. Home construction activities that impact courtship and/or may disturb or cause osprey to abandon the nest should be minimized or suspended during the critical period of March 1 August 31. Activities (limb thinning, tree removal, etc.) intend to protect nest and perch trees from wind throw should be conducted at the owners risk and should be conducted outside the critical period of March 1 August 31. Landowners should consult with federal authorities (USFWS) to determine if specific activities may be in violation of the Federal Migratory Bird Treaty Act. English laurel (Prunus Laurocerasus) and English holly (Ilex aquafolium) presented on the applicants proposed landscaping plan shall be substituted with Hick s yew (Taxus hicksii) or Fastigiata yew. 5. As recommended by biologists at Pacific Habitat Services (Exhibit A28) - (MCC (E)(5)(b)): Home construction activities that may impact courtship and/or disturb or cause osprey to abandon the nest shall not occur during the critical period of use (March 1 August 31). Home construction activities will not result in the removal or damage to the active nest tree. An active nest tree is one where courtship, nesting or fledging activities are currently occurring ODFW suggests the following construction schedule: Home Construction Activities to Occur During March 1 August 31 Hand placement of temporary erosion control measures Landscaping (hand work) Interior home finishes (e.g., painting and installation of carpet and wood trim) Home Construction Activities to Occur During September 1 February 28 Machine placement of temporary erosion control measures Installation of the permanent storm water system, well, and septic system Removal of trees approved for removal Building of the house (e.g., foundation, framing, roof, siding, decks) All outside work except landscaping Activities such as limb thinning and tree removal intended to protect osprey nest and perch trees from wind throw should be conducted outside the critical period of use (March 1 August 31). All other construction and design recommendations outlined in the Wildlife Management Plan shall be followed with exception to the construction of the raptor pole (Exhibit A28). T Page 3

4 6. A representative from Pacific Habitat Services (PHS) shall monitor the osprey nest in Tree #9, when deemed necessary, by the PHS biologist to assure construction activities do not impact any osprey using the nest site (MCC (E)(7)). 7. All exterior lighting shall be hooded with opaque materials and directed downward allowing no light to disperse upward or outward (MCC (B)(10)). The recessed lighting design proposed for the deck area is acceptable (Exhibit A13). The proposed Justice Design Ambiance Cylinder Closed Top housing at the garage and home entry shall be painted black. 8. The property owner shall complete installation of the Landscape Plan, presented as Exhibit A7, within 2-years of the date the building permit is issued. The property owner shall be responsible for the on-going maintenance and survival of the required vegetation/landscaping MCC (A)(4). 9. Unless otherwise specified, compliance with the approval conditions listed herein shall occur within two (2) years of the date this decision becomes final (MCC (B)(26)). 10. Only non-reflective or low reflective building materials are to be used in the construction of the exterior of the structure (MCC (B)(9)). All exterior windows shall consist of low reflectivity glass. The exterior colors of the structure shall be dark, earth toned and consist of non and/or low-reflective building materials. The exterior of the structure shall be painted using Sherwin Williams SW 6076 (Turkish Coffee Flat Latex or comparable color) and the trim shall be painted using Sherwin Williams SW 6258 (Tricorn Black Flat Latex or comparable color). The roof shall be constructed using Owens Corning Oakridge Pro 40 Shadow Shingles or a comparable dark brown composition shingle. The decking material shall be Trex Woodland Brown Decking, or another product painted or stained a comparable dark brown color. 11. If, during construction, cultural or historic resources are uncovered; the applicant/owner shall immediately cease development activities and inform the Multnomah County Planning Director, Columbia River Gorge Commission, and U.S. Forest Service of their discovery (MCC (L) & MCC (M)). 12. An Oregon Certified Engineering Geologist (CEG) shall evaluate the field conditions during the actual construction cycle, as recommended by John H. Gray, CEG in a May 24, 2004 Preliminary Geological Inspection Report (Exhibit A21). The Certified Engineering Geologist retained by the land owner will be responsible for determining when field visits shall occur throughout construction (MCC (E)(3)). 13. The erosion control best management practices illustrated in Exhibit A4 and described in Exhibit A3 shall be installed prior to construction and remain in a condition of good working order until the site is permanently stabilized (MCC (E)(3)(c) & (f)). 14. All recommendations presented in the Natural Resource Assessment and Management Recommendation plan shall be followed (Exhibit A19) MCC (E)(3)(a). 15. The driveway in front of the garage (east of the garage) shall not be obstructed with stored materials (MCC (E)). T Page 4

5 Note: Once this decision becomes final, applications for building permits may be made with the City of Troutdale. When ready to have building permits signed off, call the Staff Planner, Adam Barber, at (503) to schedule an appointment to review with you the Conditions of Approval and to provide the building permit plan signoff. Multnomah County must review and sign off building permit applications before they are submitted to the City of Troutdale. The applicant shall bring enough plans sets for the County to retain one copy. Notice to Mortgagee, Lien Holder, Vendor, or Seller: ORS Chapter 215 requires that if you receive this notice it must be promptly forwarded to the purchaser. TABLE OF CONTENTS Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Proposal Summary Property and Vicinity Description Proof of Ownership Residential District Allowance, Legal Parcel and Code Compliance National Scenic Area Site Review Variance Request (Resource Buffers) Variance Request (30-foot Front Yard Setback) Access Off-Street Parking T Page 5

6 DECISION OF THE PLANNING DIRECTOR (Formatting Note: As necessary to address Multnomah County ordinance requirements; Staff provides Findings referenced here. Headings for each finding are underlined. Multnomah County Code requirements are referenced using a bold font. Written responses by the applicant or their representative are italicized. Planning staff comments and analysis may follow applicant responses. Where this occurs, the notation Staff precedes such comments.) Narrative submitted by the applicant in response to the approval criteria is presented as Exhibit A3 to this report. Scope of Review This review is limited to the applicable standards of the Columbia River Gorge National Scenic Area contained within Multnomah County Code Chapter 38. Comments from Other Agencies/Individuals Once the application was made complete, notice of application and an invitation to comment was mailed to the following agencies and individuals: Columbia River Gorge Commission/Cultural Advisory Committee Confederated Tribes of the Umatilla Indian Reservation Confederated Tribes of the Warm Springs Nez Perce Tribe U.S. Forest Service National Scenic Area Office Yakima Indian Nation Friends of the Gorge Corbett Together Corbett Community Association Northeast Multnomah County Community Association East Multnomah Soil and Water Conservation District Oregon Department of Fish and Wildlife Oregon Department of Transportation Surrounding property owners City of Troutdale Planning Office The following individuals/agencies provided written comment on the proposal. The comment contents are discussed within the relevant section(s) of this decision. Marge Dryden, Heritage Program Manager, Columbia River Gorge National Scenic Area (Exhibit A16). Donald VandeBergh, Susan Barnes and Jim Grimes, Oregon Department of Fish and Wildlife (Exhibit A22). Glen Fullilove, Friends of the Columbia River Gorge (Exhibit A14). Elizabeth McCallum, Senior Planner, City of Troutdale (Exhibit A24). Sally Hicks, Neighbor (Exhibit A23). T Page 6

7 Gary Pagenstecher, Planner, Columbia River Gorge Commission (Exhibit A18). John van Staveren and Carole Hallet, Pacific Habitat Services (Exhibit A28). FINDINGS OF FACT 1. Proposal Summary Staff: The applicant has proposed construction of a two story single family dwelling, attached garage, asphalt driveway, sand filter septic system and storm water infiltration system on an undeveloped property within the City of Troutdale (Exhibit A1). The site is located within the Columbia River Gorge National Scenic Area between the Historic Columbia River Highway (HCRH) and the Sandy River near the intersection of Midvale Road and the HCRH. The base zoning designated by the City of Troutdale is R20 Single Family Residential which is equivalent to the Columbia River Gorge National Scenic Area s General Management Area- Residential GGR-2 designation. The provisions of the National Scenic Area Act are applied through the corresponding Multnomah County Zoning ordinance provisions of Gorge General Residential 2 zoning ordinance within this decision. In addition to the National Scenic Area Site Review standards, the applicant is requesting variances to setbacks from the scenic buffer along Historic Columbia River Highway, from the riparian buffer along the Sandy River and for construction on slopes exceeding 30% grade visible from a Key Viewing Area. Septic will be disposed of on-site with an on-site sand filter system. Storm water from roof drains, foundation drains and the asphalt driveway will be collected and infiltrated on-site using a triple lateral lined chambered infiltrator system located south of the proposed home. 2. Property and Vicinity Description Staff: The 0.39 acre subject site is identified as Lot 32 of the Tompson Villa Tracts located in Section 31BB of Township 1 North, Range 4 East of the Willamette River Meridian (Exhibit A1). The site is located less than one mile south of Interstate-84 near the intersection of the Historic Columbia River Highway and Midvale Road (Exhibit A2). The site is narrow, forested and steep - bounded by the Sandy River to the west and the Historic Columbia River Highway to the east. Adjacent properties north and south are comparably sized lots similarly book ended by the river and highway. A residence is located on the lot to the immediate north of the subject property. A garage is located approximately 14 feet from the right of way for HCRH on the property to the north which is a similar setback as what is proposed by the applicant for the home. Vacant lots are located across the highway to the east and to the south of the subject site. A trailer park is located south of Midvale Road within the vicinity of the subject property. Urban development within the City of Troutdale is located west of the site, across the Sandy River. Agricultural land lies to the east of the site deeper within the Columbia River Gorge National Scenic Area. All narrative submitted by the applicant in response to approval criteria is presented as Exhibit A3. 3. Proof of Ownership Proof of record ownership of the tract and the representative's authorization must be demonstrated to process any land use application (MCC (A) & (C)). A signature provided by Douglas Briggs, T Page 7

8 owner, is provided on the NSA application form which is contained in the permanent case file. This signature provides adequate authorization for the County to process this request. 4. Residential District Allowance, Legal Parcel and Code Compliance 4.1 MCC Review Uses A single family dwelling on a legally created parcel is subject to review based on standards of MCC through Applicant: The applicant proposes a single family dwelling on a legally created lot, therefore will be considered as a review use. Staff: The Review Uses listed in MCC (A)(4), allow the following on lands designated Gorge General Residential (GGR), pursuant to MCC : One single family dwelling per legally created parcel. The applicant is proposing a single family dwelling on Lot 32 of the Thompson Villa Tracts subdivision located in Section 31 of Township 1 North, Range 4 East of the Willamette River Meridian. Multnomah County survey records indicate the Thompson Villa Tracts Subdivision was recorded on September 26, 1917 (BK 622, PG 73-74). Lot 32 (the subject property) was created by a subdivision prior to the time the County regulated such actions. The property has not changed configuration since creation in 1917, is currently free of known land use violations and is considered in compliance with zoning regulations (MCC ). In conclusion, Staff finds the subject property is a legally created parcel eligible for this development request. 4.2 MCC (C): Dimensional Requirements - Minimum Yard Dimensions: Front 30 feet, Side 10 feet, Street Side 30 feet, Rear 30 feet; Maximum Structure Height 35 feet. Applicant: The proposed residence cannot satisfy the front yard dimension and comply with City of Troutdale floodplain/floodway development requirements. The proposed residence will be 15 at the street frontage, measured from the building wall. (MC #10) Distance from the river will vary between 85 feet and 90 feet at the rear (river) frontage. The residence cannot be located closer to the river, and further from the HCRH, because the City of Troutdale prohibits development in the floodway/floodplain. Therefore, there is no alternative location for the residence and a variance is requested. A setback of 15 feet is 50% of the standard and a major variance may be granted as provided in Section Signatures of property owners within 100 feet, indicating their approval of the variance, are in exhibit 4, according to Sec (A)(1). Staff: A plot plan illustrating the home s location in the northeast corner of the property is presented as Exhibit A4. The subject site is narrow and offers few development alternatives as a result of Sandy River floodplain covering the western side of the property and a steep slope running through the eastern portion of the property. The home site is proposed in the northeast corner of the property for a multitude of reasons to be discussed in detail later in this decision. As illustrated in Exhibit A4, the east wall of the structure will be located roughly 15-feet from the front (east property line), roughly 16-feet from the north (side property line), over 100- feet from the south (side) property line and approximately 100-feet from the west (rear) property line. Multnomah County measures setbacks from the closest portion of the structure typically the roof overhang. Since the proposed home will have a 1.5-foot roof overhang, T Page 8

9 the home will extend to a location roughly 13.5-feet from the front (east) property line. The only dimensional requirement that will not be met by this proposal is the 30-foot front yard setback from the Historic Columbia River Highway along the east side of the site. The applicant has applied for a variance to the front yard setback which is evaluated within section 7 of this decision. The dwelling is less than 35-feet tall as required by this section of Multnomah County Code. 5. National Scenic Area Site Review 5.1 MCC (A)(1): New buildings and roads shall be sited and designed to retain the existing topography and reduce necessary grading to the maximum extent practicable. Applicant: Please refer to the site plan and building elevations. The residence must be located above the 100 year flood elevation (40.5 feet) to satisfy City of Troutdale requirements. This line is approximately halfway up the steep slope immediately west of the HCRH. Grading will be limited to that which is necessary to provide a driveway, a septic system and foundation, and satisfactory finish grades around the residence. A grading plan, showing both pre & post construction contours, is included as part of the application as exhibit # 13. Staff: From east to west, the site gently slopes away from the highway westward towards the Sandy River. A sharp break in slope occurs in the eastern third of the site where slopes increase to over 30% grade. The Sandy River floodplain covers the western third of the site (Exhibit A4). The site topography creates a double benched configuration with an upper bench located adjacent to the Columbia River Highway and the lower bench located adjacent to the river. The upper bench is located adjacent to the highway and therefore would be the preferable development location in an attempt to minimize grading associated with site access. The upper bench is not entirely uniform in shape in that the northeastern corner of the property contains the widest portion of the bench. Although this area is only roughly 65-feet long by 25-feet wide, it creates the largest level area on the site adjacent to the road. This in itself demonstrates the developmental limitations of this property. The entire development including driveway home, attached garage, septic system and storm water disposal system can not fit on this small flat portion of the property and must partially extend into steeper slopes below. A grading plan is presented in Exhibit A5. Due to the limited amount of flat land adjacent to the road, Staff finds the proposed development location would require less grading and topographic modifications than any other location on the property. This standard is met. 5.2 MCC (A)(2): New buildings shall be generally consistent with the height and size of existing nearby development. Applicant: Nearby is not defined in the MCC, but is generally accepted to mean close at hand or within a short distance. For this property, nearby is taken to mean a distance of two lots on each side of the subject site. Lot 31, immediately to the north, is 177 feet long and is occupied by a single story residence that probably is within the floodplain. Lot 30 is 127 feet long, and is occupied by a two story residence that is about a foot above the floodplain level. T Page 9

10 The County has fairly recently reviewed another NSA application for a residence in the vicinity of the subject site. The Height and Size Comparison chart for that application is submitted with this proposal, as it covers essentially the same area. The average width of a residence, viewed from the HCRH, ranges between 40 and 60 feet, with an average of feet for seven structures. The height as viewed from the road is feet, equivalent to a two story building. Only two heights are noted from the river view, suggesting that the properties are more steeply sloped (25 and 35 feet). The width of the seven residential structures averages feet (please refer to the attached height & size chart in exhibit 5). The applicant proposes a structure that will be approximately 62 feet wide (parallel to the street frontage), and approximately 25 feet deep. The height will be 30 feet on the river side and 17 feet above street grade, measured to the highest point of the roof. These dimensions approximate the averages for existing buildings in the vicinity, therefore the proposed building will be consistent with adjacent development. These are well within allowable dimensions for the NSA and City of Troutdale Codes. The building foundation has an overall foot print of 25 feet by 62 feet. There is an enclosed 18 eave overhang on all 4 sides. All the engineering and designs in exhibits 2, 13 & 14 reflect those dimensions. Staff: The applicant refers to a nearby NSA decision in which the size of nearby structural development was analyzed. The referenced decision, T , focused on development surrounding a parcel 1,600 feet north of the property involved in this request (case T ). Staff found it most appropriate to re-evaluate the size of surrounding development since the center of study has been shifted roughly 1,600 feet south from what was evaluated in case T The following analysis is in relation to existing development surrounding the property proposed for development in this application. Staff identified the surrounding developed properties using an August, 2002 aerial photo as a guide to locate developed parcels in the area the most recent aerial photo available. Data from the 2004 County assessment and taxation database was compiled for each of the surrounding developed properties to document the size of the attached and enclosed residential structure on each property. This analysis excluded non-enclosed structures such as decks since decks typically do not contribute significant visual bulk to a structure, for example. The nearest developed eleven (11) properties selected for this analysis are located roughly ¼ mile upriver and downriver from the subject site along both sides of the Historic Columbia River Highway (Exhibit A25). This area was selected for this analysis as it incorporates a reasonable number of properties within the residential corridor on either side of the highway. Staff believes the statistical evaluation of 11 properties is sufficient to reasonably determine the average size of surrounding structural development. The county assessment and taxation data presented in Exhibit A25 indicate the proposed home will be 6.2% larger than the average size of like type development in the area, and 38.9% smaller than the largest residential structure in the area. The average height of the proposed structure, as measured from mid-point of final grade to mid-point of highest gable, will be roughly 28-feet which is comparable to other two story dwellings in the area. In light of these results, Staff finds the proposed home will roughly be of similar size as compared to other homes in the area. Supporting data are presented in the table below. T Page 10

11 5.3 MCC (A)(3): New vehicular access points to the Scenic Travel Corridors shall be limited to the maximum extent practicable, and access consolidation required where feasible. Applicant: A single driveway is proposed and this point of access has been approved by ODOT. Staff: The development requires one vehicular access point off the Historic Columbia River Highway (MCC ). An access off the HCRH has been conditionally approved by the Oregon Department of Transportation (ODOT) - Exhibit A6. The short access driveway will be located at the northeast corner of the property as illustrated in Exhibit A MCC (A)(4): Project applicants shall be responsible for the proper maintenance and survival of any required vegetation. Applicant: This requirement can be stipulated as a condition of approval, in the event that any vegetation is required with this permit. The application includes a landscaping plan for the area around the residence and for the terrace area, the latter providing an understory of shrub-type plants between the slope and the river. Applicant or the landscape contractor can post a landscaping bond to Multnomah County to ensure compliance. Staff: This approval requires the property owner to be responsible for the installation and ongoing maintenance and survival of the landscaping outlined on the landscape plan presented by the applicant (see condition #4). A copy of this plan is presented as Exhibit A MCC (A)(5): For all proposed development, the determination of compatibility with the landscape setting shall be based on information submitted in the site plan. Applicant: The proposed residence will fit on the site with minimal disturbance of exiting vegetation on the slope and the remainder of the property. The applicant intends to make T Page 11

12 reasonable efforts to save all healthy, stable trees. Damaged, structurally unstable, and undesirable species will be replaced with health mature species from the Portland Plant List, compatible with the site and indigenous types. A certified arborist completed an arborist report on the size and condition of the trees on site, prepared a landscaping plan and a mitigation plan (exhibit 15). His recommendations were incorporated into a tree protection plan. Only those trees absolutely necessary for construction of the residence or found to be in a hazardous condition will be removed per the tree removal plan. Staff: The Columbia River Gorge National Scenic Area designated landscape setting for this property is Rural Residential. The applicant submitted the necessary site plans to allow evaluation of consistency with the standards of this landscape setting. An evaluation of the individual standards is presented later in this decision. 5.6 MCC (B): All Review Uses and Conditional Uses visible from Key Viewing Areas: Applicant: The site is visible from the HCRH, therefore provisions of this section apply. The site for the house is not visible from the Sandy River, owing to dense vegetation between the slope and the river. Staff: The site is not blocked by topography as viewed from the Historic Columbia River Highway or from the Sandy River. The development has the potential to be viewed from both Key Viewing Areas and only from these two Key Viewing Areas. 5.7 MCC (B)(1): Size, height, shape, color, reflectivity, landscaping, siting or other aspects of proposed development shall be evaluated to ensure that such development is visually subordinate to its setting as seen from Key Viewing Areas. Applicant: The house will utilize revised darker colors for siding and roofing materials that will minimize its appearance, i.e. darker tones that blend with the existing vegetation and shadows. Specific colors and materials are addressed in exhibit 12 with physical samples, where available. Please also refer to the description of the residence and materials at the beginning of this document ( Site and Proposal Description). Hardi Plank lap siding has a textured finish similar to rough sawn cedar and will be painted with Sherwin Williams best flat paint. Trex decking material is another synthetic product that is a solid dark color throughout, with limited fade characteristics. These products have minimal sheen, need limited maintenance and provide continual low reflectivity. Windows were reworked to reduce both the number and size. The Spandrel Glass concept was eliminated. Window frames will be the trim color. The glass block near the entry will be Decora LX Filter with a fibrous insert to obscure vision and add privacy, yet allow light to enter. The literature in exhibit 12 demonstrate reduced heat loss, increased thermal resistance, as well as, reduced light transmission and increased shading. (MC # 8) Sandy River Key Viewing Area The sloped area of the site where the new residence is proposed is minimally visible from the Sandy River. The residence will be 60 feet from the west property line, at minimum. The river s edge is 10 to 15 feet from the edge of the property through most of the summer. The T Page 12

13 Sandy River KVA presents an easier screening opportunity due to the greater distance, the increased sunlight that allows a wider variety of plants, and the native species currently in place. A sketch of roof sight lines, included with this response, shows the multiple layers of vegetation that will provide screening, the overall height to the sight line, and species for new and existing plants. The Existing Topography line represents the current (and post construction) contours. The river is shown at 24 feet relative elevation, the full bank condition, and is represented as 100 feet wide. While the river is, at times, over 100 feet wide, there is an extremely shallow gravel bar on the west side with little current. Most of the observed boaters (fishermen) and rafters are within 50 feet of the east shore to capitalize on the flow. Existing riverside vegetation is deciduous and prone to uprooting due to the large accumulation of organic debris during flood events. We have removed much of the debris formerly on the property and have cut back the dead and broken branches. With some periodic maintenance, the existing plants will remain healthy and are capable of remaining rooted, if they are only carrying their natural load. Moving up to the terrace above the river, the red and yellow twig dogwoods are designed to provide a relatively low ground cover to screen the upland structure base and function as a soil stabilizer. These bushes spread out and create a massive root structure that will help keep the soil and slow the water s velocity near shore. The next bench up from the river is the broadest and has a series of existing and proposed indigenous species to provide screening across the entire building façade. New plants were selected with consideration for the relative amount of shading/sunshine available, the soil conditions and water table, and the fullness of their foliage. Note that all the identified trees on the tree plan will remain in place outside the building footprint. This provides a constant evergreen backdrop for some of the more colorful deciduous native varieties that are proposed. The house will be nearly invisible from up river due to the density and overlapping fullness of the tree cover. As a boater moves down river (north), there may be smattering of visible structure, but there are no clear lines of sight to the house. Both the upper and lower portions of the house will be screened by vegetation. This theme was carried to the north of the property to screen the house from the north, despite the denuded nature of the adjoining property. The glass exposed on the west elevation is recessed into the building, faceted across the building face and covered with overhangs to reduce reflectivity. These efforts and the landscaping plan will likely keep direct sunlight off the windows. We re-examined the glass and glazing elements in the proposed plan, which represent 284 sq ft, and offer the following observations: UBC requires bedrooms to have operable window of at least 10 sq. ft. The house has a single exit door on the lower level The second level has two exits, but they are adjacent The Uniform Building Code further requires 204 sq ft of glazing The house is built into the hillside and has no windows on three sides The Great Room glass is set back under eaves and not visible to the sun A roof overhang covers the bow windows in the Craft Room Glazing was reduced 38% from the initial submittal All glass was removed from the entry and garage doors The glass block is opaque and has a.65 shading coefficient The entry relite is a dark stained glass tree in keeping with the landscaping The sliding glass door and transom in the Rear & Left elevations are the same T Page 13

14 The bow windows in the Rear & Left elevations are the same, as well The two garage windows, representing 32 sq ft in aggregate, can be painted black inside, but are needed to balance the façade on the outside. All the windows in the second submittal are required to make the house livable, with a reasonable amount of natural light and less cavelike in its feel. We believe these landscaping efforts and house modification incorporated between submissions has achieved visual subordinance in the Sandy River KVA, as required by (B)(3). Historic Columbia River Highway Key Viewing Area The HCRH Key Viewing Area presents a different problem, owing to proximity of the proposed residence to the highway. The HCRH has a 60 right-of-way and the roadway is approximately centered as shown on the submitted civil drawings C-1 thru C-3. The roadway centerline has an average elevation of approximately 55 feet, which is the same elevation as the house upper floor elevation. The roof has a height of 17 feet above the finish floor at the highest point. Using simple geometry, we calculate a 6 foot tall person standing at the extreme easterly roadway at a relative elevation of 55 feet would not be able to see the house ridge over a foot high obstacle placed at the property line. This calculation ignores the crown in the road, the downward road slope, and that a vehicular passenger would be seated lower. The proposed screening planting is (a mix of 10-foot tall Hemlock, Cedar or Yew). The proposed hedge would be planted on top of a (2 to 2.5-foot tall) bar. On the south side of the house, we propose screening with Pacific Yew, an evergreen with similar height considerations and a tolerance for total shade. Anything on the south side will be totally shaded by tree # 9. The North elevation receives more light, so we chose Western Red Cedar as the evergreen trees for that side Rhododendron and Vine Maples were selected for the under story of the roadway to provide a hearty, shade tolerant species that will add seasonal color to the otherwise solid evergreen foliage. Between the initial and the second (NSA application) submission, in response to comments from Multnomah County staff, we made the following changes to the overall HCRH exposure: Removed the Dormers Eliminated the chimney Changed from a gable to a hip roof style Reduced the amount of glazing by 38% Significantly darkened the house color, trim color and roofing Replaced exposed metal roof vents with a concealed vent system We also re-examined the roof pitch roof, as a possible solution to reducing the bulk of the building. We concluded that the changes noted above and the compromises made to date make the current roof slope and hips the minimum possible without enlarging the house footprint. The space above the upper floor will function as a storage area and a workshop, with a maximum head space of a little over five feet. Removing the gables and adding hip T Page 14

15 roofs reduced the useable area by over 700 square feet, which amounts to over a 50% reduction in available space. A further reduction to a 4 in 12 pitch roof would reduce the ridge screening requirement by 15 inches, but it would render the space above the upper floor totally unusable. Further, the 4 in 12 pitch is the slightest pitch acceptable for conventional shingled roofing material. Roofs with a lower pitch do not drain as rapidly and are more likely to retain debris and are more prone to mosses, all of which affect longevity and which is a consideration for a building tucked within a wooded site. We evaluated the possibility of lowering the house below the 55 foot elevation level, but civil engineering concerns make that impractical. Good civil design drains the water away from the structure. We added the trench drain across the driveway to eliminate the surface water from the driveway flowing back into the garage, which is at 54.5 feet. We added an oil separator to prevent road grime from entering the storm system. We believe that the house is as small as possible, while still remaining functional. Any further reductions in area or height would also make the dwelling less viable economically. The proposed residence is a modest (2,062) square foot, three bedroom, two bath house with an attached two car garage. In lieu of a family room, we opted to put two offices in that same space. The deck space is adequate, but not what is typical for a house oriented totally to one side. The application includes a comparison of our residence to buildings in the vicinity, and demonstrates that our residence will be similar to existing residences. We are certainly willing to work with the ODOT staff to provide landscaping closer to the highway or to consider alternate plantings, but currently they have advised in writing to keep vegetation along the highway frontage trimmed to insure good sight distance from the new [driveway] approach. Safety of the access is obviously a consideration in what additional landscaping can be provided. The existing garage (on the property to the north) is visible from both the north and the south along the entire stretch of road, which is approximately 1,150 in length. This light green structure is sporadically visible for 600 from the north, fully visible for the last 100 and totally exposed for 550 from the south. The proposed residence will not be visible from the street along most of that same stretch of road. The hedge will conceal most of the house behind a solid 15 high evergreen façade. The garage portion of the proposed residence would, however, be visible from both the north and south bound travelers for a short 1-1/2 second time period. The road is a posted at 35 mph and is relatively straight with a slight downward slope to the south and an easterly curve at the north. The table below shows the period of visibility for the various travel distances shown on the two sketches. Travel Distance Time of Visibility* sec sec sec sec sec sec T Page 15

16 1, sec * 35mph = 51 /sec From the north the traveler would have a 1-½ second view of the proposed residence s garage and entry. There is a possible glimpse of the dark stain glass window near the entry, however no other glass can be seen. The roof has no structures to attract attention as the Surevent is integrated into roof ridge and the plumbing vent is on the west side. The northbound traveler would see the proposed residence s garage face for a similar length of time and would see no glass or glazing. The HCRH KVA is actually improved by the proposed residence s landscaping in reducing the existing garage sightline by 2/3, from 550 to 180 for the northbound traveler. The horizontal sightline sketches show the proposed residence is visible for less than 13% of either transit time. We believe that these landscaping efforts and building modifications incorporated between submissions has achieved visual subordinance in the HCRH KVA, as required by (B)(3). This existing garage structure (on the adjacent property) will be likely to block views of the residence for southbound travelers and appear more prominently to northbound travelers. The landscaping berm along the HCRH will conceal much of the proposed structure. Staff: The applicant s description of the proposal and site above presents a detailed list of reasons explaining how the structure will be visually subordinate. See the applicant s narrative above for a detailed description of the development. For clarity, the two offices proposed by the applicant will be personal studies not associated with a business. Staff will not re-iterate every aspect of the proposal and the site characteristics described above but will address the main highlights in this finding. Staff has carefully reviewed the submitted information and determined the arguments presented above by the applicant are reasonable. Staff would like to clarify one issue presented by the applicant. It appears from the submitted elevations that windows will exist on the front, rear and left elevation whereas the applicant has stated that windows will not be located on three sides of the building. Staff finds the number of windows proposed in Exhibit A8 is not overly abundant and is not at issue in this situation. Plans have been modified to reduce the amount of overall glass square footage to total of 274 square feet. This was accomplished by reducing the size of windows originally proposed. Below are the main reasons why Staff finds the development visually subordinate: The proposed two story home is of similar size seen as other homes in the area as previously discussed in detail. Because the development area slopes over 30% grade, the rear (west side) of the home facing the river is taller than the front (east side) of the home facing the highway. This is evident in the building elevations presented as Exhibit A8. Although the applicant researched the possibility of reducing bulk by reducing the roof pitch from the proposed 6:12 (V:H) to a lower 4:12 pitch, the lower 4:12 pitch did not facilitate enough head room for the upper level and would require a re-design requiring a larger footprint and more ground disturbance with little resulting reduction of the overall structure height. Altering the pitch of the roof, without reducing the habitable area proposed, would result in a more bulky structure with partially un-utilized space in the attic. This would add structure bulk with little benefit provided. T Page 16

17 The home s design will utilize low reflective, dark natural looking colors which will help the structure blend into the natural woodland site environment. The home s building materials will include cedar mill hardiplank lap siding painted with a flat latex black (Sherwin Williams 6258) and dark brown (Sherwin Williams 6076). Decking material will be woodland dark brown Trex decking with Owens Corning Oakridge dark brown composition shingles. A minimal amount of exterior lighting is proposed for the building. This lighting will be downward directed lighting on the decks (five recessed lights) and at the front entry and garage door (cylinder closed top fixture painted black). Fixtures are proposed that minimize scattering light beyond the points where necessary for safety. Recessed deck light fixtures are B62PLIC housings with the 6 black B701MB-BK trim ring. These florescent fixtures use a pair of 13 watt bulbs that are not anticipated to create stray light. The lighting locations are indicated by small squares on the structure elevations (Exhibit A8). Lighting details are presented as Exhibit A13. The home will be roughly 85-feet from the Sandy River s edge. A tree survey conducted by Raymond Myer, Certified Arborist identified 46 trees on the property ranging from maple, cottonwood, Ash, Oak and Fir (Exhibit A9). The trees are distributed evenly across the site with the following trees being most critical for screening of the home as viewed from the river: Tree # Common Name DBH (in) Height (ft) 6 Big Leaf Maple Big Leaf Maple Douglas Fir Douglas Fir Douglas Fir Douglas Fir Oregon Oak Oregon Oak Maple Douglas Fir Douglas Fir Oregon Ash Maple Maple Maple Maple Maple 8 30 As seen in the table above, The trees range in height from 30 to 120 feet. The trees in bold will need to be removed to either accommodate development or due to declining health, as certified by Raymond Myer, Certified Arborist (Exhibit A9). In all, eleven trees will need to be removed including trees that have been blown down by storms. Even after removing eleven trees from the site, a range of deciduous and evergreen trees will help screen development as viewed from the river. T Page 17

18 A rendering of how the trees will help screen the development is presented as Exhibit A10. Photos of a scale model of the proposed development constructed by the applicant are presented as Exhibit A26. The number and size of windows proposed along the rear of the home facing the river seems reasonable and are not expected to create problematic window reflections due to the thick vegetative screening between the river and the home. Photos of the site taken from the river are presented as Exhibit A11. This rendering illustrates that the home s roofline falls below the tree canopy as viewed from any location on the Sandy River adjacent to the site. This fact, in combination with the dark, earth toned colors used for development results in a visually subordinate structure as viewed from the river. The home will have a very low profile as viewed from the Historic Columbia River Highway resulting in a home with a ranch style look. The home utilizes a moderate pitch roof and dark colors, has a limited number of windows and incorporates an 18-inch roof overhang helping to shade the few windows located along the front (east) side (Exhibit A8). Three (3) trees are located between the road and home as seen on the Tree Survey (Exhibit A9). Tree #22 (Maple) will need to removed as it has fallen down. Tree #23 is a 30-foot tall Maple that will not be removed and Tree #25 is a 30-foot tall Cottonwood. A certified Arborist (Raymond Myer), prepared a tree survey and proposed landscaping plan in light of the need for visual screening and wildlife habitat retention. Both reports are presented as Exhibit A9 and A7 respectively. The proposed landscaping totals 119 individual plantings across the entire property and surrounding the proposed development. Landscaping around the home will include (3) three Western Hemlocks to the west of the home to help screen the development from the river, a mixture of (9) nine, 10-foot tall Hemlock, Cedar and Yew in between the home and the highway to help screen the home, (4) four western red cedars to help screen the northern side of the home and (4) four Rhododendrons along the southern side of the home. The proposed hedge of Hemlock, Cedar or Yew was originally proposed to be English Laurel which has been subsequently modified. This 10-foot tall hedge will be planted on top of an earthern berm 2 to 2.5 feet tall in order to maximize screening of the home as viewed from the road. The home will only reach roughly 17-feet as viewed from the highway. The applicant has proposed planting the 10-foot evergreen hedge on a foot tall raised earthen berm in order to raise the height of the 10-foot tall screening to roughly 12 or 12.5 feet in height. This will have the same visual effect as lowering the height of the home by feet. This means that as viewed from the road, the front of the house will only have a visual exposure of roughly 5-feet. The applicant has physically reduced the bulk of the modestly sized structure through design and reduced the visual impact of the bulk through topographic berming and an extensive landscaping plan. An intensive landscaping plan along the southern side of the home is not necessary to achieve visual subordinance as eight trees over 30-foot tall will be located between the development and the highway to the south. These trees will help break up the mass of the dark earth-toned structure. Half of these existing trees are evergreen. The southern portion of the structure is only 25-feet wide and therefore will not expose a wide mass to the Key Viewing Areas as viewed from the south. As indicated above, the applicant has proposed to plant four western red cedars to help break up the bulk of the northern side of the home as viewed form the highway north of the site. Since the northern side of the home will also only be 25-feet wide, four cedars should sufficiently break up the visual bulk of the northern side of the building. T Page 18