county - west linn · wendi coryell, clackamas county permit technician at (503) 742-4657 or at...

Planning and Zoning Division Development Services Building

Mike Mccallister Manager 150 Beavercreek Road Oregon City OR 97045

CLACKAMAS Phone (503) 742-4500 fax (503) 742-4550 COUNTY e-mail zoninginfococlackamasorus

Web httpljwwwclackamasustransportationplanning

NOTICE OF LAND USE DECISION

This document represents the Planning and Zoning Staff findings and recommended conditions of approval for a Land Use Application for a Conditional Use Permit as cited below It contains three parts Section 1 - Summary Section 2 - Conditions of approval and Section 3 - Findings

SECTION 1 - SUMMARY

DATE October 18 2012

CASE FILE NO 20446-12-D

APPEAL DATE October 30 2012

STAFF CONTACT Linda Preisz (503) 742-4528 lindapcoclackamasorus

LOCATION T2S RlE Section 29A Tax Lot(s) 100101200300 WM 3036 SW Borland Rd Access is proposed from an approved driveway on Staff Road approximately 018 miles southwest of intersection of Stafford Road and Borland Road

APPLICANT(S) SampH Logging Co LLC 20200 SW Stafford Rd Tualatin OR 97062

OWNER(S) Duane amp Loretta Stroupe 20200 SW Stafford Rd Tualatin OR 97062

TOT AL AREA Approximately 25 acres

ZONING RRFF-5 (Rural Residential Farm Forest- 5-Acre)

COMPREHENSIVE PLAN DESIGNATION Rural

CITIZENS PLANNING ORGANIZATION

STAFFORD-TUALATIN VALLEY CPO Sally Visher (503) 638-9494 21082 SW Meadow Way Tualatin OR 97062 sallyvisherhotmailcom

PROPOSAL Design Review to establish a whole sale yard composting facility processing yard and soil surface mining operation approved in file number Z0200- l l-C which includes two (2) phases The combination facility will be open Monday through Saturday 7 AM to 6 PM Access is proposed from a proposed driveway on Stafford Road approximately 018 miles southwest of intersection of Stafford Road and Borland Road

OPPORTUNITY TO REVIEW THE RECORD A copy of the Planning and Zoning Staff decision and all evidence submitted with this application is available for inspection at no cost at the Planning and Zoning Division during normal business hours (Monday - Thursday 900 am - 400 pm) Copies of all documents may be purchased at the rate of $100 for the first page and 10 cents for each additional page This Planning and Zoning recommendation contains the findings and conclusion upon which the recommendation is based along with any recommended conditions of approval

APPEAL RIGHTS If you disagree with the decision or conditions you may appeal to the Clackamas County Land Use Hearings Officer The cost of the appeal is $25000 Your appeal must be received in the Planning Division office by 400 PM on the last date to appeal which is OCTOBER 30 2012 No permits will be issued until the day after the appeal deadline

APPLICABLE APPROVAL CRITERIA This application is subject to Clackamas County Zoning and Development Ordinance (ZDO) Sections(s) 309 1002 1005 1006 1007 1008 1009 1010 1015 1021 and 1102

Notice of Land Use Decision - File No Z0446-12-D (SampH Logging Compost - Mining) Page 2

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Notice of Land Use Decision-File No Z0446-12-D (SampH Logging Compost - Mining) Page 3

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Notice of Land Use Decision - File No 20446-12-D (SampH Logging Compost - Mining) Page 6

DECISION PRELIMINARY APPROVAL CONDITIONS REQUIRED See below NO structural or development permits shall be issued before conditions are satisfied

SECTION 2 - CONDITIONS OF APPROVAL

I General Conditions

1) Approval of this land use permit is based on the submitted written narrative and plan(s) received by the County on August 12 2012 To the extent consistent with other conditions of approval no work shall occur under this permit other than which is specified within these documents It shall be the responsibility of the property owner(s) to comply with this document(s) and the limitation of approval described herein

2) The applicant is advised to take part in a Post Land Use Transition meeting County staff would like to offer you an opportunity to meet and discuss this decision and the conditions of approval necessary to finalize the project The purpose of the meeting is to ensure you understand all the conditions and to identify other permits necessary to complete the project If you would like to take advantage of this meeting please contact Wendi Coryell Clackamas County Permit Technician at (503) 742-4657 or at wendicorcoclackamasorus

3) Prior to the issuance of building permits the applicant shall submit a statement of use to Tanya Johnston in the Clackamas County Engineering Division Diedre Landon can be contacted at (503) 742-4677 or tjohnstoncoclackamasorus The statement of use is used to calculate the Transportation System Development charge A Transportation System Development Charge (TSDC) is included in the final calculation of the building permit fees for new instructional projects this includes additions and tenant improvements that increase the number of daily trips to the site

4) This approval is valid for four (4) years from the date of the final written decision If the Countys final written decision is appealed the approval period shall commence on the date of the final appellate decision The approval shall be implemented or the approval will become void Implemented means all major development permits shall be obtained and maintained for the approved development eg a permit issued by the County Engineering Division for the parking lot or road improvements If the design review approval is not implemented within the initial approval period a two-year extension may be approved by the Planning Director pursuant to Subsection 130502 and subject to Subsection 130505

5) The approval of the application granted by this decision concerns only the applicable criteria for this decision The decision does not include any conclusions by the county concerning whether the activities allowed will or will not come in conflict with the provisions of the federal Endangered Species Act (ESA) This decision should not be construed to or represented to authorize any activity that will conflict with or violate the

Notice of Land Use Decision - File No 20446-12-D (SampH Logging Compost - Mining) Page7

ESA It is the applicants responsibility in coordination if necessary with the federal agencies for the administration and enforcement of the ESA who must ensure that the approved activities are designed con~tructed operated and maintained in a manner that complies with the ESA

II Planning and Zoning Division Conditions Linda Preisz (503) 742-4528 lindapcoclackamasorus

1) Development of the subject property is subject to the provisions of ZDO Sec1102 and those other relevant codes and ordinances adopted by the Board of County Commissioners pursuant to subsec 100103 of the ZDO including but not limited to the County Roadway Standards County Excavation and Grading Ordinance and Oregon Structural Specialty Code etc

2) All conditions of approval found in Z0200-11-C

3) All conditions of approval found in Z0303-11-HMV

4) On roof mechanical equipment shall be screened

5) The applicant shall submit a complete final landscaping plan to Planning amp Zoning showing the plant layout spacing and sizeheight in accordance with code requirements along with a plant schedule that detail each plant namesizespacingcorresponding with the plant symbol shown on the plan for the berms and the detention pond

6) All berms shall be 7-10 feet high as required by 20200-11-C

7) The applicant shall plant three (3) rows of shrubs with a variety of plants at least 50 deciduous and 50 evergreen on the outside slopes of ALL berms The shrubs shall be supplied in a minimum of one-gallon containers or eight-inch burlap balls with a minimum spread of 12 inches

8) On the interior slopes of all the berms the applicant shall install an underlying erosion control mat such as geomat along with wood mulch and native evergreen spreading groundcovers such as Arctostaphylos uva-ursiKinnickinick planted in two rows planted 30 inches on center with a maximum of30 inches between rows The rows of plants shall be staggered and shall be supplied in at minimum four-inch containers

9) Native Evergreens Thuja picataWestern Red Cedar Pinus moniticolaWestern White Pine or Calocedrus decurransIncense Cedar shall be planted on the crest of the berms The trees shall be a minimum of (8) eight feet in height

10) Planting shall occur during the rainy season October through May

11) The applicant shall install an automated drip irrigation system pursuant to Section 100908


12) Prior to final Certificate of Occupancy the landscaping shall be installed and inspected by the Planning and Zoning Division staff

13) Prior to final Certificate of Occupancy the applicant shall submit a one year vegetation guarantee to the County

14) Prior to final Certificate of Occupancy the applicant shall submit a signed maintenance contract or provide a financial guarantee pursuant to Section 1104 covering the landscape maintenance costs for one year

15) Prior to any construction all applicable development permits (grading and erosion control etc) shall be obtained

16) All signs shall be submitted for review and approval to the Planning Division pursuant to Section 1010 of the ZDO

17) On-site lighting shall be designed located shielded or deflected so as not to shine offshysite onto structures or impair the vision of the driver of any vehicle Submit an outdoor lighting system design plan prior to installation of the outdoor lighting system for review and approval by Planning and Zoning Division

18) The applicant shall submit a signed copy by Tualatin Valley Fire amp Rescue of the application site plan to this record

19) The applicant shall grant access to the site for State andor County inspections of the compost and mining facilities without notice

20) The Composting and Mining Facilities shall have ingress and egress from a paved road (S Stafford Road) and the access to the site shall be paved a minimum seventy-five (75) feet into the site from the property line

21) The use of other noise baffles such as plywood walls enclosures and electric equipment rather than diesel motors to reduce noise inside the compound is encouraged

22) Noise generated on site shall comply with County and DEQ noise standards

III Building Code Division Conditions Richard Carlson (503) 742-4769 richardcarcoclackamasorus

1) All construction shall comply with current Oregon Structural Specialty Code and any other relevant codes

IV Engineering Division Conditions Rick Nys (503) 742-4702 RichardNyscoclackamasorus and Robert Hixson (503) 742-4708 roberthcoclackamasorus


1) All frontage improvements in or adjacent to Clackamas County right-of-way or on site shall be in compliance with Clackamas County Roadway Standards

2) The applicant shall obtain a Development Permit from Clackamas County Department of Transportation and Development prior to the initiation of any construction activities associated with the project

3) The applicant shall design and construct improvements along the site frontage of Stafford Road These improvements shall consist of

a) One paved driveway approach located where illustrated on Sheet C2 (basically opposite the existing SampH Logging driveway approach) and consistent with the geometry illustrated on Sheet C2 for the driveway approach The first 75 feet of the approach shall be paved

b) Permanent closure and removal of the driveway approach located approximately 250 feet southwesterly from the center of the StaffordBorland roundabout The approach shall be replaced with matching curb and appropriate landscaping

4) The applicant shall modify the existing Stafford Road SampH Logging driveway approach as indicated on Sheet C2 widening the approach with radii to accommodate truck turning maneuvers

5) The applicant shall permanently close the Borland Road driveway approach located approximately 500 feet westerly from the center of the StaffordBorland roundabout The entire paved approach shall be replaced with matching curb and appropriate landscaping

6) All curbs shall typically be type C or curb and gutter if curb line slope is less than one percent if they carry direct or channel surface water Alternative curbs will be considered when it is determined by the Clackamas County Department of Transportation and Development that type C curbs or curb and gutter are not appropriate Extruded curbs for carrying directing or channeling surface water or used as a vehicle wheel stop shall not be allowed

7) The applicant shall provide a copy of the SWMACC approved drainage study surface water management plan and Engineers detention calculations to DTD Engineering Deana Mulder

8) The applicant shall provide adequate on site circulation for the parking and maneuvering of all vehicles anticipated to use the parking and maneuvering areas including a minimum of24 feet of back up maneuvering room for all 90-degree parking spaces for passenger vehicles Loading spaces shall also be afforded adequate maneuvering room

9) 20 parking spaces shall be installed on site The parking spaces shall meet minimum ZDO section 1007 dimensional requirements The plans shall list the number of parking spaces required and the number of parking spaces provided The applicant shall label all compact carpool disabled (minimum of one paved space with adjacent paved accessible area) and loading berth spaces on the plans Parking layout geometry shall be in accordance with Roadway Standards Drawing PIO0

Notice of Land Use Decision - File No 20446-12-D (SampH Logging Compost - Mining) 0

10) The applicant shall provide illuminated 2 bicycle-parking spaces in accordance with ZDO section 1007 Table 3 At least 1 of the bicycle-parking spaces shall be within 50 feet of a public entrance to the building in conformance with ZDO subsection 100707 E

11) The applicant shall provide and maintain adequate intersection sight distance and adequate stopping sight distance at the driveway approach intersection with Stafford Road Adequate intersection sight distance for drivers turning left into the site shall also be provided and maintained In addition no plantings at maturity retaining walls embankments fences or any other objects shall be allowed to obstruct minimum sight distance requirements

Minimum intersection sight distance at the driveway intersection with Stafford Road shall be 500 feet for passenger vehicles and 765 feet for combination trucks both northeasterly and southwesterly along Stafford Road measured 145 feet back from the edge of the travel lane (Roadway Standards section 240 and AASHTO Exhibit 9-55)

12) Applicant shall comply with County Roadway Standards clear zone requirements in accordance with Roadway Standards section 245

13) Prior to certificate of occupancy the applicant shall provide an Engineers cost estimate to Clackamas County Engineering for any unfinished improvements required by conditions of approval The estimate shall be submitted for review and approval of quantities of asphalt concrete aggregates curbs and any other required improvements and associated construction costs

14) The applicant shall install and maintain a 30-inch STOP sign with the bottom of the sign positioned seven feet above the pavement surface at the driveway intersection with Stafford Road (Manual on Uniform Traffic Control Devices)

15) All traffic control devices on private property located where private driveways intersect County facilities shall be installed and maintained by the applicant and shall meet standards set forth in the Manual on Uniform Traffic Control Devices and relevant Oregon supplements

16) Prior to the issuance of a building permit the applicant shall submit to Clackamas County Engineering Office

a) Written approval from the local Fire District for the planned access circulation fire lanes and water source supply The approval shall be in the form of site and utility plans stamped and signed by the Fire Marshal

b) Written approval from SWMACC for surface water management facilities surface water detention facilities and erosion control measures

c) A set of street and site improvement construction plans including a striping and signing plan for review in conformance with Clackamas County Roadway Standards Section 140 to Deana Mulder in Clackamas Countys Engineering Office and obtain written approval in the form of a Development Permit

i) The permit will be for driveway drainage parking and maneuvering area and other site improvements


ii) The minimum fee is required for eight or fewer new or reconstructed parking spaces For projects with more than eight parking spaces the fee will be calculated at a per parking space rate according to the current fee structure for commercialindustrialmulti-family development at the time of the Development Permit application

iii) The applicant shall have an Engineer registered in the state of Oregon design and stamp the construction plans for all required improvements

1 7) Before the County issues a Development Permit the applicant shall submit a construction vehicle management and staging plan for review and approval by the County DTD Construction and Development Section if the public road right-of-way is planned to be used for construction staging That plan shall show that construction vehicles and materials will not be staged or queued-up on public streets and shoulders without specific authority from DTD If the public road right-of-way is not planned to be used for construction staging a note shall be added to the construction drawings stating that the public road right-of-way will not be used for construction staging

18) The applicant shall generally not allow debris from the site to deposit onto Stafford Road Should debris be deposited on Stafford Road the applicant shall be responsible for cleanup of debris on a daily basis

19) Prior to final occupancy the applicant shall submit a revised dust control plan to Planning and Zoning for Review and approval

20) The driveway apron from the paved road to the property line shall be a paved hardshysurface

21) The applicant shall implement a traffic management plan prior to the instigation of reclamation activities to address increased trip generation and truck traffic on the site The traffic management plan shall be approved by the County prior to implementation

V WES SWMACC Conditions Tim Finley (503) 742-4575 TimFincoclackamasorus

1) The development is subject to the SWMACC Rules amp Regulations and Standard Specifications for storm water management systems For storm drainage Section 1008 of the Zoning Ordinance also applies Therefore the developer is required to submit plans for review and approval through the SWMACC consistent with the following

2) The applicant is required to submit plans and calculations to WES that addresses the SWMACC requirements prior to construction plan approval

3) Cost of the Surface Water facilities shall be borne entirely by the developer

4) The development is subject to the requirements of the National Pollutant Discharge Elimination System (NP DES) storm water general permit 1200-C or a 1200-CN if more than 1 acres of land is disturbed Forms are available on the Water Environment Services website For more information contact WES at 503-742-4567 to determine which permit


is applicable Specific long-term maintenance plans must be made for erosion control devices placed within the public storm system in Stafford and Borland Roads

5) This development is subject to a minimum plan review fee for NPDES Permit for erosion control of $46000 (+ $80additional acre or disturbance) Final plan review fees are based on the area to be disturbed Plan review fees are due with the first submittal for plan review

6) This development is subject to a minimum stormwater plan review fee of $40000 ( or 4 of the cost of the storm construction whichever is greater)

7) Complete plans and storm report shall be submitted to Water Environment Services and reviewed for conformance to the SWMACC stormwater regulations Plans must be signed and sealed by an engineer registered in the State of Oregon and shall be submitted to the Technical Services Coordinator

8) The applicant shall provide a set of site improvement construction plans including an updated storm report for review and approval from SWMACC prior to construction The preliminary storm report needs to be updated and re-submitted to SWMACC following land use approval The final storm report is required to show how the applicant meets the SWMACC requirements or show that the proposed development and operations are covered by other regulatory agency approvals that take precedence over the SWMACC permitting authority An onsite stormwater management system must be designed to meet District requirements and must assume the runoff from all impervious surface areas to be constructed in each phase will be released from the site

9) On-site detention facilities shall be designed to reduce the 2-year storm to frac12 of the 2-year storm (see Appendix E of the SWMACC Standard Specifications)

10) Water quality requirements including phosphorous removal shall be met The runoff from 23 of a 2-year post-development storm must be treated prior to release from the site and 65 of the phosphorus must be removed from the runoff from 100 of the newly constructed impervious surfaces

11) A downstream analysis is required

12) Storm water infiltration shall be provided consistent with SWMACC requirements The first frac12 of runoff from all storms must be infiltrated into the ground

13) All springs seeps wetlands sensitive areas and required buffers shall be clearly shown and noted on the plans and identified by a certified professional The applicant shall retain this temporary marking until development is completed

14) Any impacts to jurisdictional bodies of water shall be mitigated and wetlands and required buffers shall be protected in a conservation easement to the SWMACC The SWMACC requires a minimum 50-foot wide buffer to wetlands and creeks Any


proposed work within jurisdictional waters also requires a permit from the Oregon Department of State Lands (DSL) and The Army Corps of Engineers (COE) and copies of the permit shall be submitted to the SWMACC prior to construction plan approval A natural resource assessment and buffer analysis must be submitted to SWMACC to determine the buffer width along with a buffer variance request if applicable

15) The approval of the land use application does not include any conclusions by the SWMACC regarding acceptability by the DSL or COE of the wetland delineation This decision should not be construed to or represented to authorize any activity that will conflict with or violate the DSL or COE requirements It is the applicants responsibility to coordinate with the DSL or COE and (if necessary) other responsible agencies to ensure that the development activities are designed constructed operated and maintained in a manner that complies with the DSL or COE approval

16) The developer is required to address long term maintenance The owner shall submit a written storm water maintenance agreement to the District The agreement shall indicate that the owner will have the on-site storm sewer facilities inspected at least once per year (August or September) and clean or repair the facilities as needed All sediment and debris removed shall be disposed of to an approved site Blackberry vines and dead vegetation shall be removed once annually during the months of August or September This agreement shall be signed by the owner and notarized and the original copy sent to Water Environment Services

17) The applicant is required to contact State of Oregon Water Resources Department to verify whether or not a darn permit is required

18) Surface runoff from the compost facility shall not be allowed to drain to the site retention pond Runoff from the compost facility shall be collected and utilized or disposed of properly

19) The applicants engineer is required to provide written certification that the impermeable liner was constructed per design at the end of construction

20) A written operation and maintenance for the composting facility storm water facilities shall be submitted and annual reports submitted to SWMACC

21) A backup plan for storm water management is required to be provided for an interruption of business that shows how Athey Creek and the downstream storm system in Stafford and Borland roads can be protected should storm water discharge from the site

VII Office of Sustainability Conditions Susan Terry ( 503)-742-4461 susanterco clackamas or us

1) SampH must show that its current garbage and recycling plan is adequate It must provide an acceptable site plan showing details of enclosures (including gates and bumpers) adequate size the site slope and service vehicle access Compliance with all requirements of the solid wasterecycling service provider(s) and ZDO Section 1021 is necessary Before issuance permits the applicant must provide detailed enclosure plan


(full-sheet) complete with service truck circulation (SU 30) to Susan Terry Office of Sustainability She can provide the necessary information about size of service trucks and appropriate containers She also must sign off on behalf of the service provider(s) Detailed information including ZDO 1021 is available on the county web site wwwcoclackamasorus under Garbage amp Recycling

SECTION 3 - FINDINGS

This application is subject to Clackamas County Zoning and Development Ordinance (ZDO) Section(s) 309 1001 1002 1005 1006 1007 1008 1009 1010 1015 1021 and 1102 The Clackamas County Planning and Zoning Staff have reviewed these Sections of the ZDO in conjunction with this proposal and make the following findings and conclusions

1 The applicant is requesting Design Review approval for a mining and compost facility approved in file Z0200- l l-C which was a condition of approval from the Hearings Officer

2 The applicant has submitted information to satisfy submittal requirements identified in Section 1102 of the ZDO

3 The subject property lies on the south side of SW Borland Road and west of the intersection with SW Stafford Road The surrounding area land use is generally rural

4 Section 1102 is the guiding ZDO Section for the Design Review process Subsection 110102 (General Provisions) provides in part that all development applications for design review are subject to the development standards of Chapter 1000 Applicable development standards of Chapter 1000 are as noted above

5 The pre-application conference was held in June 2012 The applicant has submitted both site plan and background information to satisfy minimal submittal requirements of Section 110206-08

6 Section 309 of the ZDO designates this property as RRFF-5 Primary uses include rural residential uses A conditional use application was filed reviewed and approved permitting the above described use

7 Section 1001 of the ZDO discusses general standards for development of property and associated facilities within the unincorporated area of Clackamas County

8 Section 100206 River and Stream Corridors of the ZDO states the standards for the protection of natural features in the County This proposal was reviewed approved and conditioned in Z0303-11-HMV Those conditions continue with this application

This criterion can be met


9 Section 1005 pertains to Sustainable Site and Building Design Screening of mechanical equipment is required Outdoor lighting for the development must meet applicable standards of 100505 Outdoor lighting shall not direct light skyward A condition of approval is thus warranted Building elevations and colors have been submitted

Staff finds that the proposed plan can meets the standards required by this section


10 Section 1006- Water Supply Sanitary Sewer Surface Water and Utilities Concurrency

of the ZDO sets forth the standards requirements and considerations that pertain to

utility lines and facilities

The site is not served by a public system There is an existing residential well serving the single-family dwelling on tax lot 300 The applicant states in their application that the proposed mining operation and composting operation does not need a water supply The applicant is proposing to use the residential well for the facility lunchroom restroom The applicant has submitted a hydrogeologic review that was evaluated by a AMEC Earth amp Environmental Inc a peer review body It was determined that the existing well assuming usage of 150 gallon per day was adequate


Section 100607 - Subsurface Sewage Disposal Standards

All development proposing subsurface sewage disposal shall receive approval for the system from the Clackamas County Water Environment Services Soils Section prior to submittal of a land use application to the County for development Said systems shall be installed pursuant to ORS 454605-454745 and Chapters 171523 and 828 Oregon Administrative Rules 340 Divisions 71 and 73 and the policies of the Clackamas County WES Soils Section

The applicant states that they are proposing an on-site sewage disposal system to the County Soils DivisionWES (Water Environment Service)


Section 100608 Surface Water Management Standards

The applicant states that they can meet these requirements SWMACC signed a Statement of Feasibility on April 28 2011 stating that it is feasible the proposal can comply with the standards A condition is warranted requiring the applicant to submit their drainage plan including detention designs to WESSWMAAC SWMAAC shall review and approve the plans for the erosion control prior to final plan approval

With conditions of approval this criterion can be met


10 Section 1007 Standards - Roads Circulation and Parking Standards The following

requirements and standards of Section 1007 are applicable to this proposal

The applicant has proposed the construction and operation of a composting and surface mining operation The applicant is therefore subject to the provisions of Clackamas County Zoning and Development Ordinance (ZDO) section 1007 pertaining to roads circulation and parking improvements and section 1008 and SWMACC requirements pertaining to surface water management Additionally the applicant is subject to other ZDO requirements the Clackamas County Comprehensive Plan and Clackamas County Roadway Standards

A pre-application meeting to discuss the proposed development occurred on February 15 2011

The subject properties are located adjacent to the southerly side of Borland Road just westerly from Stafford Road Borland Road is classified as a minor arterial roadway and Stafford Road is classified as a major arterial roadway Clackamas County has adopted roadway standards that pertain to the structural section construction characteristics minimum required right-of-way widths and access standards for minor and major arterial roadways (Comprehensive Plan Chapter 5 Tables V-2 V-3 V-4 and V-5 and Roadway Standards Chapter 2 sections 210 through 295)

Minimum frontage improvements on the Stafford Road and Borland Road frontages include but are not necessarily limited to permanent removal of two driveway approaches one on each road and the construction of one new driveway approach opposite the existing SampH Logging driveway approach located on Stafford Road In addition the existing SampH Logging driveway approach will require modifications (wideningimproved radii) to better accommodate truck turning maneuvers These four driveway approach locations are illustrated on Sheet C2

The applicant shall provide adequate onsite circulation for the parking and maneuvering of all vehicles anticipated to use the parking and maneuvering areas Sheet C2 illustrates adequate onsite parking and maneuvering areas In this rural area gravel parking and maneuvering areas are acceptable except for parking spaces for the disabled the adjacent accessible areas which are required to be paved and the driveway approach which is also required to be paved

Vehicle parking spaces and bicycle parking spaces shall meet minimum ZDO section 1007 dimensional requirements Sheet C2 illustrates adequate vehicle parking spaces and bicycle parking

The applicant shall provide and maintain adequate intersection sight distance and adequate stopping sight distance for the site driveway intersection with Stafford Road The applicant has submitted a traffic impact study prepared by Lancaster Engineering which finds that adequate intersection sight distances will be available for the site driveway for exiting vehicles Engineering staff concurs with those findings except for the following modifications and additions

First the study used observation points 15 feet behind the edge of the near side travel lane for


the intersection sight distance measurements for exiting vehicles The Roadway Standards requires use of a 145 foot distance

Second the Lancaster study used the posted speed of 40 miles per hour for calculating sight distances The Roadway Standards requires the use of a design speed which is 5 miles per hour greater than the posted speed when calculating sight distances Therefore intersection sight distances required for passenger vehicles exiting the site are 500 feet and 765 feet are required for trucks exiting the site These sight distances currently exist or are feasible to provide for the proposed Stafford Road site driveway approach when using an observation point located 145 feet back from the edge of the travel lane

Third the Lancaster study did not provide an evaluation of stopping sight distances on Stafford Road With a posted speed of 40 miles per hour leading to a design speed of 45 miles per hour 360 feet of stopping sight distance would be required on level pavement Stopping sight distances need to be adjusted for road grades which increases the requirement for vehicles traveling downgrade (northeasterly) and decreases the requirement for vehicles traveling upgrade (southwesterly) Stafford road slopes down from the I-205 interchange towards Borland Road This slope is not severe requiring only minimal adjustments to the 360 foot stopping sight distance which is based on level pavement Southwesterly from the driveway approach the grade is approximately 1 and northerly from the driveway approach the grade is approximately 3 Based on measurements made by Engineering staff Engineering staff finds that adequate stopping sight distance is provided on Stafford Road in the vicinity of the proposed driveway

Fourth the Lancaster study also did not provide an evaluation of intersection sight distance for vehicles turning left from Stafford Road into the site driveway Based on a design speed of 45 miles per hour 365 feet of intersection sight distance is needed for passenger vehicles and 500 feet of intersection sight distance is needed for combination trucks for the left tum maneuver from Stafford Road into the site driveway Based on measurements made by Engineering staff Engineering staff finds that adequate intersection sight distance is available for left turning passenger vehicles and combination trucks from Stafford Road into the site driveway

The traffic impact study also found that the site driveway approach would operate at adequate levels of service (C or D) during the AM and PM peak hours of typical weekdays with the addition of site generated traffic Engineering staff concurs with this evaluation

Since the traffic impact study and measurements made by Engineering staff found that adequate sight distances will be available for the site driveway approach and the site driveway approach will operate at adequate levels of service Engineering staff finds the application is in compliance with ZDO subsection 120301 C

Applicant shall comply with County Roadway Standards clear zone requirements in accordance with Roadway Standards subsection 2405

The use of public rights-of-way for construction vehicle and materials staging is not authorized by the Roadway Standards and poses a potentially deleterious effect of the


proposed use because it contributes to congestion reduces sight distance and occupies shoulders intended for emergencies and other purposes To protect the public from such effects the applicant shall be required to submit a construction vehicle management plan for review and approval by the County DTD Construction and Development Section before the County issues a Development Permit

Concerns have been stated that perhaps the traffic study did not include all the truck trips associated with this facility Staff is in receipt of a February 20 2012 email exchange between Sally Quimby of the Stafford Hamlet and Will Gehr the applicant In the email Mr Gehr agrees that there is an issue with the applicants traffic impact analysis and that trucks coming tofrom with fill were not considered in that analysis

Although not written it is the intent of traffic impact studies within Clackamas County to be based upon the average trip generation of the site not based upon a temporary situation or slightly higher than usual trip generation Basing the approval of a development upon the very highest trip generation of a development would result in substantial over construction of roadway improvements The County has addressed situations like these through the use of a traffic management plan In this case it is appropriate to implement the use of a traffic management plan which could address any negative aspects of increased trip generation at the site driveway A condition is thus warranted To reiterate the traffic impact study found that the site driveway approach would operate at adequate levels of service (C or D) during the AM and PM peak hours of typical weekdays with the addition of site generated traffic for this proposal Pursuant to section 100709 Engineering finds that the traffic system is adequate Prior to the instigation of reclamation a traffic management plan shall be submitted and approved by the Engineering Division


10 Section 1009 Landscaping

The applicant has submitted a minimal landscape plan The services of a certified landscape architect are needed A condition of approval is warranted requiring the applicant to provide a final landscape plan per the requirements Sections 1009 02 100903 and 100904 The applicant must show the plant layout spacing and sizeheight corresponding with the plant symbol shown on the landscape plan Two distinct areas need such a plan 1) the perimeter berms and 2) the water detention facility

The standards of Section 1009 can be met

11 Section 1010 Standards outlines the standards for Signs

The applicant has not submitted any specific plans for proposed sign A condition of approval is warranted requiring all new signs to be reviewed pursuant to Section 1010

Notice of Land Use Decision- File No Z0446-12-D (SampH Logging Compost - Mining) Page 19


12 Section 1021 Standards - Refuse and Recycling Standards for Commercial Industrial and Multifamily Developments outlines the standards for refuse and recycling for institutional developments The following requirements and standards of Section 1021 are applicable to this proposal

The applicant has stated that garbage and recycling from the site will be taken to the main SampH facility and picked up by the local collection company A condition of approval is warranted requiring the applicant to submit plans to Susan Terry Clackamas County Office of Sustainability (503-742-4453) for his refuse and recycling enclosure to be reviewed pursuant to Section 1021

13 This criterion can be met Notice of this application was sent to affected agencies as weli as the Stafford-Tualatin CPO and Hamlet Comments received include Traffic Engineering WES Office of Sustainability Stafford Hamlet and the City of Tualatin as noted above and incorporated into conditions found in Section 2

SUMMARY The Design Review Staff finds that the applicant has submitted information which demonstrates that the proposal for establishing a compostmining facility at 3036 SW Borland Road can conform to the approval standards of the Zoning and Development Ordinance and other county and state regulations as outlined in Section 3 of this report The imposition of Conditions of Approval found in Section 2 will assure compliance with the Code

DECISION Based on the findings and conclusion herein this application to establish the miningcompost facility at 3036 SW Borland Road is hereby approved subject to the Conditions of Approval found in Section 2


PROPOSAL Design Review to establish a whole sale yard composting facility processing yard and soil surface mining operation approved in file number Z0200- l l-C which includes two (2) phases The combination facility will be open Monday through Saturday 7 AM to 6 PM Access is proposed from a proposed driveway on Stafford Road approximately 018 miles southwest of intersection of Stafford Road and Borland Road

OPPORTUNITY TO REVIEW THE RECORD A copy of the Planning and Zoning Staff decision and all evidence submitted with this application is available for inspection at no cost at the Planning and Zoning Division during normal business hours (Monday - Thursday 900 am - 400 pm) Copies of all documents may be purchased at the rate of $100 for the first page and 10 cents for each additional page This Planning and Zoning recommendation contains the findings and conclusion upon which the recommendation is based along with any recommended conditions of approval

APPEAL RIGHTS If you disagree with the decision or conditions you may appeal to the Clackamas County Land Use Hearings Officer The cost of the appeal is $25000 Your appeal must be received in the Planning Division office by 400 PM on the last date to appeal which is OCTOBER 30 2012 No permits will be issued until the day after the appeal deadline

APPLICABLE APPROVAL CRITERIA This application is subject to Clackamas County Zoning and Development Ordinance (ZDO) Sections(s) 309 1002 1005 1006 1007 1008 1009 1010 1015 1021 and 1102

Notice of Land Use Decision - File No Z0446-12-D (SampH Logging Compost - Mining)


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Notice of Land Use Decision- File No Z0446-12-D (SampH Logging Compost - Mining)








county - west linn · wendi coryell, clackamas county permit technician at (503) 742-4657 or at...

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