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

Transcription

1 MULTNOMAH COUNTY LAND USE PLANNING DIVISION 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: Significant Environmental Concern for Water Resources Permit and Temporary Health Hardship Permit SE ORIENT DR. Location: Applicant/ Owners: 7404 SE 282 nd Ave. T1S, R4E, Sec 19BC, TL 1600 & 1700, W.M. Tax Account #R , R Rick and Linda Elliott 7404 SE 282 nd Ave. Gresham, OR SE 282ND AVE. # SUBJECT PROPERTY Summary: Decision: Authorization of a replacement dwelling within 200 feet of the north fork of Johnson Creek, including mitigation for the impact on the creek; Authorization of continued use of the existing manufactured dwelling in conjunction with a health hardship for a relative of the property owners. Approved with Conditions. Unless appealed, this decision is effective Friday, September 2, 2005, at 4:30 PM. Issued by: By: For: Tammy Boren-King, AICP, Planner Karen Schilling - Planning Director Date: Friday, August 19, 2005 Instrument Number: Case: 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 Tammy Boren-King, 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 offices at 1600 SE 190th Avenue (Phone: ). This decision cannot be appealed to the Land Use Board of Appeals (LUBA) 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 Friday, September 2, 2005, at 4:30 pm. Applicable Approval Criteria: Multnomah County Code (MCC): Chapter 37 Administration and Procedures; MCC Temporary Health Hardship Permit; MCC Multiple Use Agriculture District; MCC Significant Environmental Concern 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 and A request for permit extension must be granted before the expiration of the 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 parenthesis. 1. Within 30 days of this decision becoming final, the applicant shall record the Notice of Decision (pages 1-5 of this decision, the site plan in Exhibit 2A and the mitigation plan in Exhibit 3A) with the County Recorder. The Notice of Decision shall run with the land. Proof of recording shall be made Case: T Page 2

3 prior to the issuance of any building permits and filed with the Land Use Planning Division. Recording shall be at the applicant s expense. (MCC (E)(2)(g)) 2. The owner must record a new deed describing both tax lots 1600 and 1700 as a single parcel pursuant to the previous approvals in MCC and LE A copy of the recorded deed with the consolidated legal description must be submitted to the file prior to the authorization of a building permit for the replacement dwelling. (MCC , (L)(13)) 3. The Health Hardship Dwelling is for use by Shirley Dikeman who is to be cared for by her daughter, Linda Elliott, and her son-in-law, Rick Elliott. (MCC (A)(1)) 4. The Health Hardship Dwelling permit may be renewed if the Health Hardship situation continues. Every two years from the date this decision becomes final (Friday, September 2, 2005), the applicant shall apply for a renewal of the Health Hardship permit. This renewal shall include: A recent (within 6 months prior to the two year deadline) physician s statement verifying that the Health Hardship situation still exists (MCC (A)(6)); A letter from the care provider describing the continuing assistance being given. (MCC (A)(6)); and A recent (within 6 months prior to the two year deadline) authorization from the Sanitarian for continued use of the septic system (Policy 37) 5. The Health Hardship Dwelling must be removed from the property within six months of the date of permit expiration or within six months of the date Shirley Dikeman ceases to reside in the Health Hardship Dwelling, whichever happens first. (MCC (A)(5)) 6. Within 30 days of the date this decision becomes final (Friday, September 2, 2005), the owner must post a bond in the amount of $1,000 to insure removal of the mobile home within six months of the date the health hardship ceases to exist. The bond will be forfeited if the home is not removed within the six month period of an expiration of this permit (MCC (A)(5)). 7. Prior to building permit authorization, the applicant shall obtain a Grading and Erosion Control permit. The Erosion Control measures specified in the Grading and Erosion Control permit shall be installed prior to the commencement of construction (MCC (A)) 8. The applicant shall use only the light fixtures proposed in the locations shown on the lighting plan included as Exhibit A9. MCC (B) 9. The following nuisance plants shall not be planted on the subject property : Scientific Name Common Name Scientific Name Common Name Chelidonium majus Lesser celandine Loentodon autumnalis Fall Dandelion Cirsium arvense Canada Thistle Lythrum salicaria Purple Loosestrife Cirsium vulgare Common Thistle Myriophyllum spicatum Eurasian Watermilfoil Clematis Phalaris Western Clematis ligusticifolia arundinacea Reed Canary grass Clematis vitalba Traveler s Joy Poa annua Annual Bluegrass Case: T Page 3

4 Scientific Name Common Name Scientific Name Common Name Conium maculatum Poison hemlock Polygonum coccineum Swamp Smartweed Convolvulus Field Morningglory convolvulus Polygonum arvensis Climbing Binaweed Convolvulus Night-blooming Polygonum nyctagineus Morning-glory sachalinense Giant Knotweed Convolvulus Prunus English, Portugese Lady s nightcap seppium laurocerasus Laurel Cortaderia selloana Pampas grass Rhus diversiloba Poison Oak Crataegus sp. hawthorn, except except C. douglasii native species Rubus discolor Himalayan Blackberry Cytisus scoparius Scotch broom Rubus laciniatus Evergreen Blackberry Daucus carota Queen Ann s Lace Senecio jacobaea Tansy Ragwort Elodea densa South American Water-weed Solanum dulcamara Blue Bindweed Equisetum arvense Common Horsetail Solanum nigrum Garden Nightshade Equisetum Solanum Giant Horsetail telemateia sarrachoides Hairy Nightshade Erodium cicutarium Crane s Bill Taraxacum otficinale Common Dandelion Geranium roberianum Robert Geranium Utica dioica Stinging Nettle Hedera helix English Ivy Vinca major Periwinkle (large leaf) Hypericum perforatum St. John s Wort Vinca minor Periwinkle (small leaf) llex aquafolium English Holly Xanthium spinoseum Spiny Cocklebur Laburnum watereri Golden Chain Tree various genera Bamboo sp. Lemna minor Duckweed, Water Lentil [MCC (C)] 10. Prior to the commencement of construction, the edge of the buffer zone 100 feet from the top of bank shall be flagged, fenced, or otherwise marked. This marking shall remain in place until the completion of construction. The buffer zone shall remain undisturbed except for the removal of noxious plant species and the implementation of the mitigation plan included as Exhibit 3A. (MCC (D)(7)) 11. Area of standing trees, shrubs, and natural vegetation shall remain connected along natural drainage courses. Both the existing on-site stream-side vegetation and the vegetation proposed in the mitigation plan (Exhibit A3) shall be maintained in order to preserve. (MCC (D)(3)) 12. The two on-site trees marked for removal on Exhibit A2 may be removed. All other on-site trees shall be retained. If removed due to disease, the trees shall be replaced immediately with similar trees of 2-inch caliper size or greater. (MCC (D)(5)) Case: T Page 4

5 13. Planting of trees, shrubs, and rhizomes proposed in the mitigation plan included as Exhibit A3 shall occur during the first winter after the issuance of a building permit but no later than the beginning of March. (MCC (E)(2)(f)) 14. All disturbed areas shall be replanted with vegetation as soon as finished grade is established. Mulch shall be used to cover disturbed areas as an interim measure. (MCC (D)(6)) 15. Areas where nuisance plants have been removed shall be replanted during the first winter after the completion of the ground disturbing activity. (MCC (D)(6)) Plantings should be installed between February 1 and May 1 or between October 1 and November 15. When plantings must be installed outside these times, additional measures may be needed to assure survival. Plantings should be placed in groups ranging from three to seven of the same species to encourage massing. Groupings of different species can be placed next to each other, as long as the species are appropriate for the given hydrologic conditions. Trees shrubs, and groundcovers should be adequately mulched with an appropriate material (e. g. compost or straw) to retain moisture and discourage weed growth around newly installed plant material. 16. Prior to County authorization of a building permit, the applicant must revised the site plan (Exhibit A2) to include the boundary of the water resource area (200 feet from top of bank), the location of the wetlands, and the mitigation plan. (MCC (C)) 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. Case: T Page 5

6 Findings of Fact Formatting Note: Written findings are contained herein. The Multnomah County Code criteria and Comprehensive Plan Policies are in bold font. Applicant comments are identified as Applicant: and follow. Staff comments and analysis are identified as Staff: and follow. Staff comments include a conclusionary statement in italic. 1. PROPOSAL DESCRIPTION AND BACKGROUND: Staff: The applicant is seeking two decisions. The first is a temporary health hardship permit for a manufactured home to house his mother-in-law Shirley Dikeman. The manufactured home was originally placed on the property as a health hardship dwelling in This was approved in casefile HH 1-97, which has lapsed. A building permit for the manufactured home placement was issued on No construction or site work is proposed for the health hardship dwelling. The second permit requested is a Significant Environmental Concern for Water Resources (SEC-wr) permit to allow the replacement of the primary dwelling with a different primary dwelling. The foot print of the new dwelling will overlap with the footprint of the existing dwelling as shown on the applicant s site plan included as Exhibit 2A. The new dwelling will be within 200 feet of the top of bank of a Goal 5 protected stream. As such, an evaluation of the potential impact to the stream and mitigation to offset any adverse impacts is needed. The SEC-wr permit provides this evaluation. 2. PROOF OF OWNERSHIP MCC : Except as provided in MCC , Type I - IV applications may only be initiated by written consent of the owner of record or contract purchaser. Staff: Assessment and Taxation information lists Rick and Linda Elliott as the current owners (Exhibit 4A). A copy of the deed that transferred ownership to Rick and Linda Elliott in 1996 is included as Exhibit 5A. Both Rick and Linda Elliott have signed the application form, initiating the application process (Exhibit 1A). Criterion met. 3. TYPE II CASE PROCEDURES MCC (B): Upon receipt of a complete application, notice of application and an invitation to comment is mailed to the applicant, recognized neighborhood associations and property owners within 750 feet of the subject tract. The Planning Director accepts comments for 14 days after the notice of application is mailed and renders a decision Staff: The application was submitted May 24, 2005 and was deemed complete as of July 15, An Opportunity to Comment notice was mailed on July 20, 2005 to all property owners within 750 feet of the subject properties in compliance with MCC Copies of both the Opportunity to Comment and the mailing list are in the file. No written comments were received. Procedures met. Case: T Page 6

7 4. CODE COMPLIANCE AND APPLICATIONS MCC Code Compliance and Applications Except as provided in subsection (A), the County shall not make a land use decision, or issue a building permit approving development, including land divisions and property line adjustments, for any property that is not in full compliance with all applicable provisions of the Multnomah County Land Use Code and/or any permit approvals previously issued by the County. (A) A permit or other approval, including building permit applications, may be authorized if: (1) It results in the property coming into full compliance with all applicable provisions of the Multnomah County Code. This includes sequencing of permits or other approvals as part of a voluntary compliance agreement; or (2) It is necessary to protect public safety; or (3) It is for work related to and within a valid easement over, on or under an affected property. Staff: The subject property contains a manufactured dwelling that is being used as a health hardship dwelling. While this use was previously permitted, that permit has lapsed. Additional Lot-of-Record related compliance issues are raised by the legal description which describes the property as two separate parcels as discussed in Section 5. The applicant has applied for a new health hardship permit in this application, the issuance of which will bring the health hardship dwelling into full compliance with the zoning code and previous approvals. The Lot of Record issues can be address through conditions of approval as discussed in Section 5. The subject application can be approved pursuant to MCC (A)(1) since the decision will result in the property coming into full compliance through condition #2. Criteria met. 5. THE PROPERTY IS A LOT OF RECORD PURSUANT TO MCC (L)(13) AND MCC Staff: The criteria of MCC (L)(13) and MCC require a property to have been created in accordance with all zoning and land division laws in place at the time it was created. These criteria also require any subsequent reconfigurations to have been done in accordance with all zoning and land division laws in place at the time of reconfiguration. The subject property was approved in its current configuration through two land use decisions in cases LE and MC MC was decided by a Hearings Officer and upheld by the Board of Commissioners. A copy of the Notice of Decision from case MC is included as Exhibit 5S and a copy of LE is included as Exhibit 6S. These two decisions approved access via easement to a neighboring lot and established that tax lots 1700 and 1600 on map IS 4E 19BC are one legal lot of Case: T Page 7

8 record. The subject tax lot (tax lot 1600) is not a lot of record on its own, but is a lot of record together with the land in tax lot The current deed to the property (Exhibit 5A) shows tax lots 1600 and 1700 described as two separate parcels. Since the two separate parcels were specifically denied in case LE 15-78, the deed description is incorrect, and the property is not in compliance with that decision. The applicant will be required to record a new deed with one legal description that consolidates both tax lot 1600 and 1700 into one lot. Evidence of the recorded deed with a new legal description must be submitted to the file prior to the issuance of building permits for the replacement dwelling. Criteria met with conditions. 6. TEMPORARY HEALTH HARDSHIP DWELLINGS AND REPLACMENT DWELLINGS ARE ALLOWED IN THE MUA-20 ZONE DISTRICT Staff: Section (A) of the MUA-20 district allows for temporary health hardship dwellings that meet the criteria contained in Findings for MCC and are included in Section 7 of this report. Section (A) allows for the construction of a single family detached dwelling on a Lot of Record. Lot of Record findings are included in Section 5 of this report. The subject Lot of Record is allowed to have one house. Both a Health Hardship Dwelling and a Primary Single Family Home are allowed on one parcel in the MUA-20 District. 7. TEMPORARY HEALTH HARDSHIP PERMIT Temporary Health Hardship Permit The purpose of the Temporary Health Hardship Permit is to allow the convenient provision of daily health care needs to a person with a demonstrated health hardship by allowing the placement of a mobile home on a lot with an existing single family residence. The permit is temporary in nature and not intended to encourage an increase in the residential density beyond that envisioned by the Comprehensive Plan and its implementing ordinances. (A) The Planning Director may grant a Temporary Health Hardship Permit to allow occupancy of a mobile home on a lot with a single family residence based on the following findings: 7.1 (1) The person with the health hardship is either one of the property owners or is a relative of one of the property owners. (a) If the person with the health hardship is one of the property owners, then the care provider in the other residence is not required to be a relative. (b) If the person with the health hardship is a relative of one of the property owners, then the care provider must be a relative. (c) For the purposes of this section, a relative is defined as a grandparent, parent, child, brother or sister, either by blood or legal relationship. Case: T Page 8

9 Staff: The Health Hardship Permit is for the care of Shirley Dikeman, the mother of one of the property owners. Criterion met. 7.2 (2) The person with the health hardship is unable to adequately provide daily self-care needs because of a physical and/or medical impairment based upon a statement from a licensed physician describing the nature of the impairment and its resultant limitations. The physician shall indicate that those limitations are severe enough to warrant daily assistance and that at least one of the residents of the property is capable of providing that assistance. Staff: The applicant has submitted a signed statement from a licensed physician documenting compliance with this standard. A copy of the statement is included in the file. Additional evidence has been submitted in the form of a written statement prepared and signed by Linda Elliott attesting to her ability to provide the assistance required by her mother. Criterion met. 7.3 (3) There is a demonstrated lack of appropriate alternative accommodations within the area entitled to notice, including, but not limited to, rental housing or space within the existing residence. Applicant: There are no houses for rent within 750 feet of our home. There are not apartments for two and a half miles. Staff: The applicant has demonstrated a lack of appropriate alternative accommodations in the area. Criterion met. 7.4 (4) The following locational criteria are satisfied: (a) The proposed siting of the mobile home will satisfy the applicable setback and lot coverage standards of the zoning district without variance. (b) The mobile home shall be located in a manner which satisfies the locational requirements of a second residence on properties capable of being divided under the existing zoning within those areas designated as urban by the Comprehensive Framework Plan. (c) The mobile home will not require any new main connections to public facilities or services (e.g., sewer, water or power mains, curb cuts, etc.) unless sited in the manner allowed in subsection (b) above, in which case those services may be extended to the area on the property which satisfies the locational requirements of a second residence. (d) The mobile home will not require any attached or detached accessory structures other than wheelchair ramps to accommodate the health care needs of the proposed occupant. Staff: As shown on the applicant s site plan (Exhibit 2A), the existing manufactured home (expired Health Hardship dwelling) meets the setback standards. There are no lot coverage standards. The Case: T Page 9

10 property is not capable of being divided under the current Rural Residential Zone District requirements. The dwelling is connected to the existing utility facilities including the septic system. No new main connections to public facilities are required. The applicant has not proposed any accessory structures. Criteria met. 7.5 MCC (A)(5) A penal bond in the amount of $l,000 is posted to insure removal of the mobile home within six months after the health hardship ceases to exist. Staff: A condition of approval has been attached requiring the posting of a bond meeting this standard. Criterion met with condition. 7.6 MCC (A)(6) As a condition of approval, every two years from the approval date the applicant shall submit: (a) A recent (within 6 months prior to the two year deadline) physician s statement verifying that the situation described in (2) above still exists; and (b) A letter from the care provider describing the continuing assistance being given. Staff: This criterion will be met through the Conditions of Approval. Criterion met with condition. 8. THE PROPOSED REPLACEMENT MEETS THE REQUIREMENTS OF THE SEC-WR OVERLAY Area Affected. The SEC overlay zone shall apply to those lands designated SEC-sw, SEC-wr, and SEC-h on the Multnomah County Zoning Map. Staff: The subject property is designated as containing SEC-wr as shown on a copy of the Multnomah County Zoning Map included as Exhibit 1S. The SEC-wr district applies to the subject request. 8.2 (A) The approval criteria that apply to uses in areas designated SEC-sw, SEC-wr, and SECh shall be based on the type of protected resources on the property, as indicated by the subscript letter in the zoning designation, as follows: Zoning Designation Approval Criteria-MCC SEC-sw (scenic waterway) SEC-wr (water resource) and SEC-h (wildlife habitat) and Staff: The subject request must be reviewed for compliance with the standards of MCC and (B) SEC - Scenic Waterway (SEC-sw) - Land areas that are contained within the Sandy River Scenic Waterway as shown on the zoning maps adopted in (Ord and date). Case: T Page 10

11 (C) SEC-Water Resource Area (SEC-wr) - Protected water features, riparian/vegetated corridors and the adjacent impact areas, that are identified as significant resources in the Goal 5 Inventory, and as established by these definitions, are the areas included within the SEC-wr Overlay Zone Subdistrict. (1) Protected Water Features shall include: ************************************************** (2) Riparian/Vegetated Corridors and Impact Area - The standard width of the riparian/vegetated corridor for all Protected Water Features shall be two hundred (200) feet from the top of bank. (3) The zoning maps used to designate the SEC-wr zoning subdistrict were created digitally by interpreting various data sources and maps contained in the West of Sandy River Goal 5 ESEE report. Care was taken in the creation of the maps, but in some instances mapping inaccuracies have occurred during the process. For those areas included in the West of Sandy River Plan, the SEC-wr zoning subdistrict shall be interpreted to be the text defined Water Resource Area. Staff: The subject site is traversed by a Goal 5 listed resource as documented in Exhibit 3S. This resource is Johnson Creek Tributary 5. The applicant has submitted a topographic survey locating the top of bank, a copy of which is included as Exhibit 2A. The SEC-wr overlay applies to the land within 200 feet of the top of bank. The disturbance area for the proposed replacement dwelling is within 200 feet of the top of bank as shown on Exhibit 2A. The proposed replacement dwelling and associated disturbance must be reviewed for compliance with the SEC-wr standards in MCC and APPLICATION FOR SEC PERMIT. A decision on an application for an SEC permit shall be based upon findings of consistency with the purposes of the SEC district and with the applicable criteria for approval specified in MCC through An application for a use on a property containing more than one protected resource shall address the approval criteria for all of the designated resources on the property. In the case of conflicting criteria, approval shall be based on the ability of the proposed development to comply as nearly as possible with the criteria for all designated resources that would be affected. (A) General SEC: All applications for SEC permits shall include the information listed in this section in sufficient detail for County staff to evaluate the impacts of the proposal. The applicant is responsible for providing all of the required information. In addition to the information listed in this section, the application shall contain the supplemental information that is listed for the resource area in which the development is proposed. (1) A written description of the proposed development and how it complies with the requirements applicable to the resource area in which development is proposed as listed in SECsw, SECwr, SECh. Case: T Page 11

12 Applicant: According to the Multnomah County Zoning Map, the property is in a SEC overlay designated SEC-wr (Appendix E). Pursuant to (C)(2), the standard width of the riparian vegetated corridor for all Protected Water Features shall be 200 feet from the top of bank. This results in the majority of the property, which includes an existing home, garage, shop, and other associated outbuildings to be located in the SEC-wr overlay zone. The development proposes to have a low impact on the water resources by ensuring the proposed home and deck is more than 100 feet from the top of the creek bank. All the development standards listed in (D)and mitigation requirements (E) have been addressed. The applicant proposes to construct a single-family residence consisting of approximately 5,250 square feet on the subject property. The boundaries are shown on the existing map in Appendix A (Exhibit 2A). To ensure minimal impacts to the natural resource area, the proposed footprint for the new house was moved several times. The final conceptual plan proposes to locate the new home in the footprint of the old home. The existing concrete driveway, and the existing home and deck will be removed. Two trees are proposed for removal. One is on the northwest side of the existing home and the other on the west side of the home. All other structures (ie. outbuildings) including the planter area and gravel driveway will stay in the same locations. Impacts to the natural resource buffer include 3,130 square feet of additional home and garage area and a 400 square foot concrete pad adjacent to the new garage. The total impacts of 3,530 square feet will be mitigated on a 1:1 ratio in the portions of the buffer that are marginal and degraded. Staff: The applicant has provided a written description of the proposed development and provided a narrative, maps, and plans sufficient to document compliance with the SEC-wr standards. Copies of these materials are included in the file. The narrative is quoted throughout the remainder of this section. In addition to the proposed development noted by the applicant, the subject application includes a Temporary Health Hardship Dwelling permit. This permit is to allow the use of an existing manufactured home as a temporary residence for a family member. No ground disturbing activity will be conducted in association with the authorization of the Temporary Health Hardship. Criteria met. 8.5 (2) A map of the property drawn to scale showing; (a) Boundaries, dimensions, and size of the subject parcel; (b) Location and size of existing and proposed structures; (c) Contour lines and topographic features such as ravines or ridges; (d) Location of natural drainageways, springs, seeps, and wetlands on the site. The Planning Director may require the applicant to provide the location of the SEC-wr boundary, topography, or the location of development as determined by a registered professional surveyor or engineer; (e) Proposed fill, grading, site contouring or other landform changes; Case: T Page 12

13 (f) Location and predominant species of existing vegetation on the parcel, areas where vegetation will be removed, and location and species of vegetation to be planted, including landscaped areas; (g) Location and width of existing and proposed roads, driveways, parking and maneuvering areas, and service corridors and utilities. Applicant: A map identifying the property size, boundary and location of existing and proposed structures is located in Appendix (A) (Exhibit 2A). The map also identifies the location and width of existing, proposed driveways and maneuvering areas. Staff: The site plan submitted by the applicant and included as Exhibit 2A includes all of the required information. Criteria met. 8.6 (3) A scaled drawing of the building design and elevations that show the relationship between the building and existing and finished grades and existing or proposed vegetation. Applicant: A scaled drawing of the building design and elevations that show the relationship between the building and existing and finished grades and existing vegetation is enclosed in Appendix A ( Exhibit 2A). This map also includes the proposed grading fill, contouring or other landform changes and location and predominant species of existing vegetation on parcel. Staff: The required drawings have been submitted. The site plan including information regarding topographic changes is included as Exhibit 2A. The building elevations are included in the file. Criterion met. 8.7 (4) Application for a flood hazard permit, erosion control permit, and/or other required natural hazards permit for the proposed development; Staff: The request does require a Grading and Erosion Control permit. The applicant has submitted an application for this permit, which is being process as case T Criterion met. 8.8 Staff: The remaining subparts of this section present criteria specific to certain types of SEC overlays. Subpart (B) establishes criteria for the SEC- Scenic Waterway overlay, subpart (C) establishes criteria for the SEC-Water Resource overlay and subpart (D) establishes criteria for the SEC-Habitat overlay. The subject property is not designated with the SEC-Scenic Waterway or SEC-Habitat overlays. Subparts (B) and (D) are not applicable to the subject request. The subject property is designated with the SEC-wr overlay, therefore subpart (C) is applicable to the subject request. Case: T Page 13

14 8.9 (C) SEC-Water Resource: In addition to the information requirements listed in MCC (A) above, the following information shall be submitted for applications within the SEC-wr overlay. (1) A topographic map of the development area and adjacent areas of the site at contour intervals of five feet or less showing a delineation of the Water Area or Habitat Area as determined by a documented field survey, the location of all existing and proposed watercourses, drainageways, stormwater facilities, and utility installations; Applicant: The topographic map for the site is located in the Appendix A (Exhibit 2A). Staff: The applicant has submitted a topographic map, which is included as Exhibit 2A. Criterion met (2) The location of wetlands; Applicant: A wetland determination and delineation was completed in March 2005 by Schott & Associates, Inc. The north fork of Johnson Creek flows from east to west, across the southern portion of the property. The creek has a varying width between 10 to 15 feet. Two small wetlands were delineated adjacent to the creek. The first is approximately 520 square feet (0.012 acre) and is located on the north side and immediately adjacent to the creek. It is classified as a palustrine emergent (PEM) wetland. The second wetland is found on the south side of the creek and is approximately 120 square feet ( acre). It is classified as a palustrine forested (PFO) wetland. Details of the wetland delineation, including methods, soils, vegetation and hydrology are located in Appendix D. Staff: The applicant has identified the location of the wetlands on the subject site in the narrative quoted above. No map was submitted. Staff called Schott and Associates on June 23, 2005 and spoke with Claudia Stein. No map of the wetlands was prepared due to their distance from the proposed area of disturbance. Ms. Stein indicated that the wetland north of the stream (towards the project area) is within the top of bank. The wetland south of the stream (away from the project area) is located at the point indicated as SP2 on the plan included as Exhibit 2A. The applicant has identified the location of the wetlands on the subject property. A memo regarding the phone conversation between Ms. Stein and staff is included in the file. The wetland delineation worksheets regarding field observances by Ms. Stein are included in the file. Criterion met (3) Information for the site from the adopted West of Sandy River Wildlife Habitat and Stream Corridor ESEE Report, the County Goal 5 Inventory; Staff: The subject property is within the site designed as Johnson Creek Tributary #5 in the West of Sandy River ESEE report. Exhibit 4S is an excerpt from the West of Sandy River Natural Resource Inventory and Assessment containing the information on the mapped Goal 5 resource which traverses the subject property. Criterion met. Case: T Page 14

15 8.12 (4) Preparation of plans and surveys - Inventories, assessment of existing conditions, and mitigation or restoration plans shall be prepared by a qualified professional such as a fish or wildlife biologist at the discretion of the Planning Director. Wetlands shall be identified and delineated by a qualified wetland specialist as set forth in the 1987 Corps of Engineers Wetland Delineation Manual; (5) The applicant shall provide evidence that when federal or state requirements apply, that the agency has been contacted, and shall provide an assessment of whether the project can meet the requirements based on the agency response; (6) An assessment of the existing condition of the Water Resource Area in accordance with Table 2 Riparian/Vegetated Corridor Standards; (7) An inventory of vegetation, including percentage ground and canopy coverage, and location of nuisance plants listed in Table 1; Applicant: A sensitive area assessment was performed for the vegetated corridor adjacent to the north fork of Johnson Creek (Tables l-3). A corridor condition map is located in Appendix B (Exhibit 8A). Two vegetative communities were identified along the creek. The first community is predominantly herbaceous and consists of a maintained lawn area that extends south of the home and shop/garage. The lawn extends down to the north bank of the creek. The dominant species of grass include Kentucky bluegrass (Poapratensis) and creeping bentgrass (Agrostis stolonifera). A large cluster of evergreens is located approximately 30 feet from the southern corner of the house. The second vegetative community is located immediately adjacent to the north and south side of the creek and extends to the southern property boundary. This area is a forested community with an open canopy of evergreen and deciduous trees. Red alder (Alnus r&a) and willow (Salix sp.) are located adjacent to the creek. Western red cedar (Thuja plicata)is located at the top of the banks on the south side of the creek. The understory is open with scattered herbaceous species and a few shrub species that include elderberry (Sambucus racemosa) and Himalayan blackberry (Rubus discolor). The herbaceous species along the creek channel include a mix of forb and grasses such as creeping buttercup (Ranunculus repens), reed canarygrass (Phalaris arundinacea), willow herb (Epilobium ciliatum), and Kentucky bluegrass. At the top of the bank on the south side of the creek, the dominant herbaceous species is western sword fern (Polystichum munitum). A grassy area is located along the southern property fence line. Specifically, Sample Point "l", is located in the majority of the buffer. This area consists an existing lawn area that extends down to the creek channel. Case: T Page 15

16 Sample plot 2 is located in the wetland along the north side of the creek. The corridor condition is marginal because the combination of native trees, shrubs and groundcovers is less than 80 percent cover. Tree cover in this area is over 50 percent and invasive cover is 15 percent. Sample point "3" is located along the northern portion of the creek. This represents the majority of the vegetative conditions observed in the buffer along the north side of the creek. The percent cover of natives exceeds 80 percent and the percent tree canopy exceeds 50 percent. In addition, the percentage of invasive species is below 10 percent. The corridor condition in this area is good. Sample plot 4 is located in a small wetland along the south side of the creek. The combination of native trees, shrub groundcover is less than 50 percent and the tree canopy cover is less than 25 percent. The percent cover by invasive species also exceeds 10 percent. The corridor condition in this area is degraded. Case: T Page 16

17 Sample plot 5 is representative of the vegetation in the corridor along the southern portion of the creek. The corridor condition is good because the combination of native vegetation exceeds 80 percent and the cover of the tree canopy exceeds 50 percent. Staff: The required inventory, assessment of existing conditions, and mitigation plans were prepared by Schott and Associates Ecologists and Wetland Specialists. The Water Resource Area Certification Form included as Exhibit 9A indicated that Claudia Steinkoenig, Wetland Scientist/Senior Biologist preformed the on-site reconnaissance. The required documents were prepared by qualified professionals. Staff is unaware of any permits required by state or federal agencies to implement the subject proposal. An assessment of the existing conditions has been submitted and is excerpted above. The full assessment report is included as Exhibit 10A. Criteria met (8) A detailed Mitigation Plan as described in (E), if required; Applicant: A mitigation plan has been developed to compensate for the impacts in the SECwr Overlay Zone. See Criteria for Approval of SEC-wr Permit -Water Resource (E) for the mitigation pan and Appendix C for the Vegetated Corridor Enhancement Plan. Staff: A mitigation plan been submitted, a map of which is included as Exhibit 3A. The mitigation plan is reviewed for compliance with MCC (E) in findings 8.30 through Criterion met (9) The location of all existing trees of a caliper greater than six (6) inches in diameter at breast height (DBH); Applicant: The location of existing trees have been identified in the existing conditions map located in Appendix A. Two trees will have to be removed for the proposed project. The first is located in the northwest side of the house and the second is located on the west side of the house. The two trees have been marked on the existing conditions map. Case: T Page 17

18 Staff: The applicant has submitted a map included as Exhibit 2A which shows the location of existing trees of a caliper greater than 6 inches. Criterion met (10) A description and map of soil types in the proposed development area and the locations and specifications for all proposed draining, filling, grading, dredging, and vegetation removal, including the amounts and methods. Applicant: The Multnomah County Soil Survey mapped two soil series on the property; Powell silt loam and Wollent Silt loam. The Powell series is located on the majority of the property and the Wollent is located along the creek (Figure 2) (Exhibit 8A). The Powell silt loam 3 to 8 percent slope is a somewhat poorly drained soil located on high terraces. It is classified as a Typic Fragiochrepts, an Inceptisol a udic moisture regime. The Fragiochrepts are the Ochrepts that have a fragipan. The surface layer is typically an 8 inches thick silt loam and has a dark brown (loyr3/3)color. The next horizon is typically from 8 to 13 inches and is a brown (1 OYR4/3)silt loam. The depth to the fragipan ranges from 20 to 30 feet. The Wollent series consists of very deep, poorly drained soils on terraces. It is classified as a Typic Humaquepts, an Inceptisol with an umbric epipedon. The first horizon is 0 to 10 inches with a dark grayish brown (loyr3/2)color. The B horizon is 10 to 16 inches with a gray (loyr5/1) color. The Wollent series was identified at the site. Staff: The text quoted above was provided by the applicant and satisfies the requirement to submit information regarding the soil types in the proposed development area. Plans included as Exhibit 2A show the areas proposed for grading, filling, and vegetation removal, including amounts and methods. No draining or dredging of soil is proposed. Criterion met GENERAL REQUIREMENTS FOR APPROVAL IN AREAS DESIGNATED AS SEC-WR OR SEC-H. The requirements in this section shall be satisfied for development in the SEC-wr and SEC-h areas in addition to the provisions of or as applicable. (A) Areas of erosion or potential erosion shall be protected from loss by appropriate means. Appropriate means shall be based on current Best Management Practices and may include restriction on timing of soil disturbing activities. Applicant: An erosion control plan will be implemented for the protection of the natural resource area during construction activities for the new home. Erosion control measures will include best management practices during the construction of the new home and razing of the old home. No work will be performed near the creek. The erosion control plan will include the following best management practices: - Preservation of the natural vegetation adjacent to the creek channel and lot. - Construction entrance to site and equipment parking areas are all graveled which will remove any potential of sediment from leaving the site. Case: T Page 18

19 - Minimal grading will occur in the location of the new home, however the following practices will be implemented. The 100'buffer will be clearly marked and sediment and run-off control measures will be taken to ensure surface stabilization. Temporary stabilizing measures will be applied immediately to the disturbed areas and will include hay or straw mulching, mulch matting in the areas with larger slopes and seeding where necessary after the completion of the work. - A silt fence will be installed to protect the natural resource buffer from any sediment runoff. Staff: The applicant has proposed appropriate erosion control measures as outlined above and as noted on the site plan included as Exhibit 2A. The majority of on-site vegetation will be retained, with field markings to denote the areas where ground disturbance is not allowed. All disturbance will be at least 100 feet from the top of bank. A silt fence will be installed between all disturbed areas and the stream. Mulching will be used to control erosion and re-vegetation will occur as soon as practicable. The applicant will be required to obtain a Grading and Erosion Control permit (Case T ). This permit requires inspections by County staff to ensure compliance with the proposed erosion control plan. Criterion met with conditions (B) Outdoor lighting shall be of a fixture type and shall be placed in a location so that it does not shine directly into undeveloped water resource or habitat areas. Where illumination of a water resource or habitat area is unavoidable, it shall be minimized through use of a hooded fixture type and location. The location and illumination area of lighting needed for security of utility facilities shall not be limited by this provision. Applicant: Outdoor lighting will be directed away from the water resource area when possible. If this is not possible a hooded light fixture will be used to minimize illumination into the water resource area. Finally, the nuisance plant list was reviewed to ensure that these plant species will not be planted in the landscaped area. Staff: In addition to the above statement, the applicant has submitted a lighting plan, which is included as Exhibit 11A. This plan shows the use of recessed fixtures set into the roof structure of the porch which will shine light downward only. The proposed fixtures will not shine directly into the water resource or habitat areas. The applicant will be required to use only the light fixtures proposed in the locations shown on the lighting plan. Criterion met with condition (C) The following nuisance plants, in addition to the nuisance plants defined in , shall not be used as landscape plantings within the SEC-wr and SEC-h Overlay Zone: Table 1 Nuisance Plant List Common Name Lesser celandine Canada Thistle Common Thistle Scientific Chelidonium majus Cirsium arvense Cirsium vulgare Case: T Page 19

20 Common Name Scientific Western Clematis Clematis ligusticifolia Traveler s Joy Clematis vitalba Poison hemlock Conium maculatum Field Morning-glory Convolvulus arvensis Night-blooming Morning-glory Convolvulus nyctagineus Lady s nightcap Convolvulus seppium Pampas grass Cortaderia selloana Hawthorn, except native species Crataegus sp. except C. douglasii Scotch broom Cytisus scoparius Queen Ann s Lace Daucus carota South American Waterweed Elodea densa Common Horsetail Equisetum arvense Giant Horsetail Equisetum telemateia Crane s Bill Erodium cicutarium Robert Geranium Geranium roberianum English Ivy Hedera helix St. John s Wort Hypericum perforatum English Holly llex aquafolium Golden Chain Tree Laburnum watereri Duckweed, Water Lentil Lemna minor Fall Dandelion Loentodon autumnalis Purple Loosestrife Lythrum salicaria Eurasian Watermilfoil Myriophyllum spicatum Reed Canary grass Phalaris arundinacea Annual Bluegrass Poa annua Swamp Smartweed Polygonum coccineum Climbing Binaweed Polygonum convolvulus Giant Knotweed Polygonum sachalinense English, Portugese Laurel Prunus laurocerasus Poison Oak Rhus diversiloba Himalayan Blackberry Rubusdiscolor Evergreen Blackberry Rubus laciniatus Tansy Ragwort Senecio jacobaea Blue Bindweed Solanum dulcamara Garden Nightshade Solanum nigrum Hairy Nightshade Solanum sarrachoides Common Dandelion Taraxacum otficinale Common Bladderwort Ultricularia vuigaris Stinging Nettle Utica dioica Periwinkle (large leaf) Vinca major Periwinkle (small leaf) Vinca minor Spiny Cocklebur Xanthium spinoseum Bamboo sp. various genera Case: T Page 20

21 Staff: The applicant has not proposed the use of any of the listed nuisance plants as landscaping. An ongoing condition of approval will be attached to this decision stating that the listed nuisance plants shall not be planted on the subject property. Criterion met with condition CRITERIA FOR APPROVAL OF SEC-WR PERMIT -WATER RESOURCE Except for the exempt uses listed in MCC and the existing uses pursuant to , no development shall be allowed within a Water Resource Area unless the provisions of section (A) or (B) or (C) below are satisfied. An application shall not be approved unless it contains the site analysis information required in (A) and (C), and meets the general requirements in Staff: The subject site contains an exiting house. The proposal does not qualify for processing under the Existing Use provision of MCC because the proposed house will exceed both the existing foundation lines and area of ground coverage. The development must be reviewed for compliance with the standards of MCC As determined in findings 8.20, the subject proposal meets the standards applicable to low impact sites under MCC (A). The proposed health hardship dwelling, which encroaches into the water resource area by approximately 150 square feet, also does not qualify for consideration under the Existing Use provision of MCC The Existing Use provisions only apply to uses that legally existed on the date of enactment of the SEC-wr overlay, which was Jan 6, The health hardship dwelling was originally placed with all required land use and building permits in The health hardship permit was not renewed, causing the dwelling to be out of compliance with the zoning code. However, since there was no active health hardship permit on Jan. 6, 2003, the health hardship dwelling does not qualify as an Existing Use. Staff finds this situation unique in that the dwelling was lawfully established, but was required to periodically be reauthorized. The re-authorization of the existing manufactured home for use as a health hardship dwelling through the subject Temporary Health Hardship permit will not require any development as defined in MCC nor will it require any ground disturbance or vegetation removal (A) Development on Low Impact Sites - Development on parcels in locations that would have low impacts on Water Resource Areas may be exempt from the Alternatives Analysis in (B) below. Development on sites that meet the following criterion may be allowed pursuant to the other applicable requirements of this district including the Development Standards of (D) and the provisions for Mitigation in (E): (1) The development site is at least one hundred (100) feet from top of bank or top of ravine, which ever results in a greater distance from the Protected Water Feature. Top of ravine is the break in the > 25% slope. Slope should be measured in 25-foot increments away from the water feature until the slope is less than 25% (top of ravine), up to a maximum distance of 200' from the water feature. Where multiple resources are Case: T Page 21