Hearings Officer: Z0014-26 - July 9, 2026

Notice

Appellant/applicant:   Matt Seal

Property Owner:  Matt Seal

Proposal:  Appeal of a 4 lot minor Subdivision

Planning Director’s Initial Decision:  Approval

Applicable Zoning and Development Ordinance and Comprehensive Plan Criteria:  ZDO sections 202, 316, 1001, 1002, 1003, 1006, 1007, 1012, 1017, 1105 and 1307. These criteria may be viewed online.

Site Address and/or Location:  35577 SE Surface Rd.

Assessor’s Map:  T3S, R4E, Section 27, Tax Lot(s)  03500, W.M.

Property Size:  Approximately 20 acres

Zoning:  RRFF-5

How to obtain additional information

Staff Contact: Lizbeth Dance; 503-742-4524 or Ldance@clackamas.us 

A copy of the application, all documents and evidence submitted by or on behalf of the applicant, and applicable criteria are available for inspection at no cost. In addition, a staff report on the application will be available for inspection at no cost at least seven days prior to the hearing. Copies may be purchased at the rate of $2.00 per page for 8 1/2" x 11" or 11" x 14" documents, $2.50 per page for 11" x 17" documents, $3.50 per page for 18" x 24" documents and $0.75 per sq ft with a $5.00 minimum for large format documents, or you may view these materials:

1. By emailing or calling the staff contact; or
2. View online through Accela. After selecting the "Planning" tab, enter the File Number to search. Select Record Info and then select "Attachments" from the dropdown list, where you will find the submitted application.

Community Planning Organization for Your Area: The following recognized Community Planning Organization (CPO) has been notified of this application and may develop a recommendation. You are welcome to contact the CPO and attend their meeting on this matter, if one is planned. If this CPO currently is inactive and you are interested in becoming involved in land use planning in your area, please contact Clackamas Clackamas County Community Engagement at communityinvolvement@clackamas.us. CPO: Estacada, Contact: INACTIVE.

How to submit testimony on this application

• All interested parties are invited to "attend" the hearing remotely online or by telephone and will be provided with an opportunity to testify orally, if they so choose. One week prior to the hearing, specific instructions will be available online.
• Written testimony received prior to the close will be considered by staff prior to the issuance of the staff report and recommendation on this application.  However, written testimony will continue to be accepted until the record closes, which may occur as soon as the conclusion of the public hearing.
• Written testimony may be submitted by email, fax, or regular mail.  Please include the permit number on all correspondence and address written testimony to the staff contact who is handling this matter.  
• Testimony, argument, and evidence must be directed toward the criteria identified above, or other criteria in the Zoning and Development Ordinance or Comprehensive Plan that you believe apply to the decision.  Failure to raise an issue in person at the hearing or by letter prior to the close of the record, or failure to provide statements or evidence sufficient to afford the Hearings Officer an opportunity to respond to the issue, precludes an appeal to the Oregon Land Use Board of Appeals based on that issue.
• Written notice of the Hearing Officer's decision will be mailed to you if you submit oral or written testimony or make written request for notice of decision and provide a valid mailing address.

Procedure for the conduct of the hearing

The hearing will be conducted by one of the Land Use Hearings Officers, who are appointed by the Board of County Commissioners to conduct public hearings and issue decisions on certain land use permit applications. The following procedural rules have been established to allow an orderly hearing:

1. The length of time given to individuals speaking for or against an item will be determined by the Hearings Officer prior to the item being considered.
2. A spokesperson representing each side of an issue is encouraged.
3. Prior to the conclusion of the evidentiary hearing, any participant may request an opportunity to present additional evidence, argument, or testimony regarding the application. The Hearings Officer will either continue the hearing or leave the record open for additional written evidence, argument, or testimony.

Notice of Decision on a Type II Land Use Permit

Decision: Approved with Conditions

Permit Type: Subdivision 

File No. Z0014-26

Applicant's Proposal: A 4-lot subdivision for residential development with access provided form both the north and south.  A ravine runs east west through the center of the property with Linglebeck Creek located at its base.

Decision Date: May 20, 2026

Deadline for Filing Appeal: June 1, 2026, at 4:00 pm.

Issued By: Lizbeth Dance, Planner II, Ldance@clackamas.us, 503-742-4524

Applicant: Matt Seal

Owner of Property: Heidi and Matthew Seal

Zoning: RRFF-5– Rural Residential Farm Forest

Assessor's Map & Tax Lot(s): T3S R4E Section 27 Tax Lot 03500

Site Address: 35577 SE Surface Rd

Location Map

Community Planning Organization (CPO) for Area: Estacada CPO | INACTIVE

Community Planning Organizations (CPOs) are part of the county's community involvement program. They are advisory to the Board of County Commissioners, Planning Commission and Planning and Zoning Division on land use matters affecting their communities. CPOs are notified of proposed land use actions and decisions on land within their boundaries and may review these applications, provide recommendations or file appeals. If this CPO currently is inactive and you are interested in becoming involved in land use planning in your area, please contact Clackamas County Community Engagement at 503-655-8751.

Opportunity to Review the Record and Decision: The complete decision, including findings and conditions of approval, and the submitted application are available for review online at https://aca-prod.accela.com/CLACKAMAS. Select the Planning tab and enter the file number to search. Select Record Info and then select Attachments from the dropdown list, where you will find the submitted application. A copy of the decision, application, all documents and evidence submitted by or on behalf of the applicant, and applicable criteria are available for inspection at no cost by contacting the Planner listed above. Copies of all documents may be purchased at a cost established by the County fee schedule. 

Appeal Rights: This decision will not become final or effective until the period for filing an appeal with the County has expired without the filing of an appeal. Any person who is adversely affected or aggrieved or who is entitled to written notice of the decision pursuant to Subsection 1307.09(C) of the Clackamas County Zoning and Development Ordinance may appeal this decision to the Clackamas County Land Use Hearings Officer by filing a written appeal. An appeal must include a completed Appeal Form available at www.clackamas.us/planning/supplemental.html and a $250.00 filing fee and must be received by the Planning and Zoning Division by the appeal deadline identified above.

Appeals may be submitted in person during office hours (8:00 am to 4:00 pm Monday through Thursday, closed Friday and holidays). Appeals may also be submitted by email or US mail.   

A person who is mailed written notice of this decision cannot appeal this decision directly to the Land Use Board of Appeals under ORS 197.830.

NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.

Clackamas County is committed to providing meaningful access and will make reasonable accommodations, modifications, or provide translation, interpretation or other services upon request. Please contact us at 503-742-4545 or email DRenhard@clackamas.us.

503-742-4545: ¿Traducción e interpretación? | Требуется ли вам устный или письменный перевод? | 翻译或口译？ | Cấn Biên dịch hoặc Phiên dịch? | 번역 또는 통?
 

Location Map

Site Plan/Preliminary Partition Plan

Contour mapping:

2025 Boundary and ROW Survey:

PERMIT EXPIRATION

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 parentheses.

1. Approval of this land use permit is based on the submitted written narrative and plan(s) filed with the County on 12/17/2025, 1/8/2026 and 2/12/2026.  No work shall occur under this permit other than which is specified within these documents, unless otherwise required or specified in the conditions below. It shall be the responsibility of the property owner(s) to comply with these documents and the limitation of any approval resulting from the decision described herein.

2. Finalizing the approval of a preliminary plat requires the completion of a final plat. The services of a registered professional land surveyor and a civil engineer are required to satisfy the final plat process.  The applicant shall comply with the following:

A. The form and content of the final plat shall comply with the County's final decision approving the preliminary plat and applicable provisions of Chapters 11.01 and 11.02 of the Clackamas County Code and Oregon Revised Statutes Chapters 92, 94, 100, and 209. [ZDO 1105.11(A)]

i.  Water service for partitions and subdivisions shall be provided according to the provisions of ORS 92.090. When no water is to be provided by a public or community water system, there shall be a note on the final plat: indicating that no public water service is being provided, in addition to the filing and disclosure requirements of ORS 92.090.  [ZDO 1006.03(E)(6)]

B. The final plat shall be submitted to the County for review. If the final plat is consistent with the approved preliminary plat and the conditions of approval included in the County's final decision on the application have either been satisfied or guaranteed pursuant to Section 1311, Completion of Improvements, Sureties, and Maintenance, the Planning Director shall sign the plat. [ZDO 1105.11(B)]

3. The applicant shall complete the following conditions of approval prior to recording the final plat. 

A. The location, design, installation, and maintenance of all utility lines and facilities shall be carried out consistent with the rules and regulations of the surface water management regulatory authority, which is Development Engineering. [ZDO 1006.01(A)]

B. If necessary, utilities for electricity, natural gas, and communications services shall be installed pursuant to the requirements of the utility district(s) or company(ies) serving the proposed Partition. Except where otherwise prohibited by the utility district or company, all such facilities shall be installed underground. [ZDO 1006.01(B)]

C. Easements shall be provided along lot lines as deemed necessary by special districts, and utility companies. Easements for special purpose uses shall be of a width deemed appropriate by the responsible agency. [ZDO 1006.01(D)]

D. The applicant shall provide evidence that any wells in the tract subject to temporary or permanent abandonment under Oregon Revised Statutes (ORS) 537.665 have been properly abandoned. [ZDO 1006.03(C)]

E. The applicant shall submit to the Clackamas County Septic Program a site plan that complies with the following standards [ZDO 1006.05]:

i. Site plan shall be prepared and stamped by an Oregon registered professional engineer or Oregon registered professional land surveyor.

ii. Site plan shall delineate the approved area for installation of the primary and/or replacement absorption systems (approval area) as approved under site evaluation file(s) SE034125, SE034925, SE035025 and SE035125 and the location of any existing systems that are proposed to remain in use.

iii. Site plan shall demonstrate that the approval area, or any existing system if it is proposed to remain in use, is located entirely on the proposed lot or parcel (lot) that the onsite wastewater treatment system will serve or within an easement on one of the other proposed lots, provided that such easement complies with the requirements of the Septic Program. Such easement shall be properly documented on the final plat.

iv. Site plan shall label proposed setback distances from the approval area to structures, wells, surface waters and proposed lot lines. The proposed setback distances shall comply with the regulations administered by the Septic Program.

F. A stormwater management plan shall be provided in accordance with Clackamas County Roadway Standards, Chapter 4 and the adopted Water Environmental Service Storm Design Standards. [ZDO 1006.06]

i. Easements shall be provided as necessary for access, utilities, drainage, and emergency vehicle maneuvering, as determined by the County and applicable service providers. All easements shall be shown on the final plat. [ZDO 1006.06 & 1007.03]

ii. An erosion control permit shall be obtained, as applicable, for all proposed site disturbance in accordance with Clackamas County requirements. Where disturbance exceeds one acre, a DEQ 1200-C permit shall be required, and verification of permit coverage shall be provided. [ZDO 1006.06]

5. Conditions for Roads & Connectivity [ZDO 1007]

A Development Permit is required from the Engineering Division for review and approval of proposed access road, driveway approach, drainage, culvert, and related improvements.  The Permit shall be obtained prior to commencement of site work and recording of the partition plat. 

A. Prior to final plat approval: All required improvements shall be constructed and inspected, and shall meet minimum Substantial Completion requirements, per Roadway Standards Section 190. [ZDO 1007.07(E)(4)(a)(ii)]

B. All required street, street frontage and related improvements shall comply with the standards and requirements of the Clackamas County Zoning and Development Ordinance and the Clackamas County Roadway Standards unless otherwise noted herein. [ZDO 1007.01(A)

C. The applicant shall dedicate approximately 4 feet of public right-of-way along the SE Surface Road frontage to provide a minimum 24-foot one-half right-of-way width. The exact right-of-way dedication shall be determined by a professional survey and shall be subject to review and approval by the DTD Engineering and Survey Sections. [ZDO 1007.01(B)]

i.  The applicant shall grant an 8-foot wide public easement for signs, slope and public utilities adjacent to the SE Surface Road right-of-way along the entire site frontage.  [ZDO 1007.01(B)]

D. Prior to final plat approval, the following access improvements for Lots 3 and 4 shall be constructed:

i) An access road shall be constructed within the existing Wooster Road public right-of-way to serve Lots 3 and 4. The access shall include a minimum 20-foot-wide driving surface from SE Tumala Mountain Road to the point of access serving Lot 4. Beyond this point, the access road may be reduced to a minimum 12-foot-wide driving surface in accordance with Clackamas County Roadway Standards Drawing R100.

ii)  The access connection to SE Tumala Mountain Road shall be constructed in accordance with Clackamas County Roadway Standards Drawing D500. A minimum Stopping Sight Distance (SSD) of 495 feet shall be demonstrated at this connection.

iii) An emergency vehicle turnaround shall be provided at the end of the access road serving Tax 3 and 4, and turnouts shall be provided at approximately 400-foot intervals when less than 20 feet in width is provided, in accordance with Clackamas County Roadway Standards Drawing C350.

E. Access improvements for Lot 1, including upgrades to existing driveway approaches, shall be constructed under the Development Permit. The applicant may defer construction of on-site driveway improvements beyond the approach and obtain an Entrance Permit at the time of building permit issuance. Driveway approaches for Lot 1 shall be constructed in accordance with Clackamas County Roadway Standards D500.

F. Written verification shall be provided from the Fire District, indicating that adequate emergency access is available or can be provided to the proposed parcels. [ZDO 1007.03]

G. A minimum of, 610 feet intersection sight distance (ISD) and 495 feet of sight stopping distance (SSD) shall be provided along SE Surface Road, per Clackamas County Roadway Standards Section 240 and Table 2-6. Construction plans shall demonstrate compliance with the minimum intersection sight distance requirement. Verification of adequate sight distance shall be provided prior to plat recording. [ZDO 1007.02(D)]

E. The shared access road for lots 3 and 4 shall include storm drainage facilities designed and constructed in compliance with Clackamas County Roadway Standards Chapter 4.

H. Primary Inspector:

i. The applicant shall enter into a Developer/Engineer Agreement for primary inspection services per Section 180 of the Roadway Standards.  This form will be provided to the applicant and shall be signed and returned to County Plans Reviewer.

 ii. Prior to final plat, the applicant shall provide a Certificate of Compliance signed by the Engineer of Record stating all materials and improvements have been installed per approved plans and manufacture's specifications.

I. Written verification shall be provided from the Estacada Fire District #69 prior to final plat approval indicating that adequate emergency vehicle access is provided to the proposed lots. [ZDO 1007.03]

J.  Easements shall be provided as necessary for access, utilities, drainage, and emergency vehicle maneuvering, as determined by the County and applicable service providers. All easements shall be shown on the final plat. [ZDO 1007.03]

K. An erosion control permit shall be obtained, as applicable, for all proposed site disturbance in accordance with Clackamas County requirements. Where disturbance exceeds one acre, a DEQ 1200-C permit shall be required, and verification of permit coverage shall be provided.

L. Verification shall be provided that the Oregon Department of State Lands (DSL) and/or the U.S. Army Corps of Engineers, as applicable, that any proposed impacts to waters of the State and/or waters of the U.S., including wetlands and streams, have been reviewed and approved, or that no permit is required, prior to development.

APPLICABLE APPROVAL CRITERIA

This application is subject to Clackamas County Zoning and Development Ordinance (ZDO) Section(s) 202, 316, 1001, 1002, 1003, 1006, 1007, 1012, 1017, 1105 and 1307. 

PUBLIC AND AGENCY COMMENTS

Notice was sent to applicable agencies and owners of property within 300 feet.  Comments received relating to the applicable approval criteria listed above are addressed in the Findings Section.  Comments from the following were received: 

Public Comments: Public comments were received outlining concerns related to lot size, the effects of logging, and the current condition of the property. This subdivision request is reviewing the creation of future lots, along with the associated protections and improvements necessary to implement their establishment. As proposed, no new development is proposed or necessary on slopes exceeding 20 percent or within Lingenbeck Creek a Department of State Land Open channel Wetland. Where applicable, the concerns outlined in the comment letters are addressed in the findings and conditions of this decision.

Agencies:

Transportation and Engineering: Provided comments that are incorporated into the findings and conditions of decision.

FINDINGS

The findings below identify the standards and criteria that are relevant to this decision, state the facts relied upon in rendering the decision, and explain the justification for the decision.

Project Overview: The subject property is approximately 20 acres in size, measured to the centerline of SE Surface Road, and is developed with two single-family dwellings located in the southeastern portion of the site near SE Surface Road. The property is generally rectangular in shape, with frontage along SE Surface Road to the south and secondary access provided from the north via an unimproved right-of-way, SE Wooster Road, extending east from SE Tumala Mountain Road.

A steeply sloped ravine is located near the center of the property and contains Linglebeck Creek, which is identified by the Oregon Department of State Lands as a mapped open channel wetland. Slopes within the ravine exceed 20 percent.

Each proposed lot is configured to include a developable area located near its respective access point, either from the south or north, and outside of the ravine, areas of steep slopes (greater than 20 percent), and the mapped wetland.

This application proposes a four-lot land division within the RRFF-5 zoning district and will retain one of the existing single-family dwellings on the property.

1. ZDO Section 202, Definitions:

Section 202 defines

Subdivide: To divide an area or tract of land into four or more lots within a calendar year when such area or tract exists as a unit or contiguous units of land under single ownership at the beginning of such year, whether or not that area or tract of land is divided by a water course or a right-of-way.

Subdivision, Minor: A Subdivision creating four to 10 lots in the same calendar year.

Finding: This application proposes the creation of four lots. There is no record of a prior land division on the subject property within the past year, so the proposal qualifies as a minor Subdivision defined above.   This proposal is being reviewed for compliance with the Development Standards applicable to subdivisions as outlined in ZDO Subsection 1001.

2. ZDO Section 1105, Subdivision, Partitions, Replats

ZDO 1105.05 Approval Criteria for Subdivisions, Partitions, and Replats

A major subdivision requires review as a Type III application pursuant to Section 1307, Procedures. A minor subdivision or a partition requires review as a Type II application pursuant to Section 1307. A replat of property partially or wholly in the AG/F, EFU, or TBR District, or that proposes to increase the number of lots or parcels in the recorded subdivision or partition plat, requires review as a Type II application pursuant to Section 1307. Otherwise, a replat requires review as a Type I application pursuant to Section 1307. A subdivision, partition, or replat shall be subject to the following standards and criteria:

A. The proposed subdivision, partition, or replat shall comply with the applicable provisions of the section of this Ordinance that regulates the subject zoning district and Section 1000, Development Standards.

FINDING: This application for a four-lot minor Subdivision and has been prepared and submitted in compliance with these standards.  As shown on the plan submitted with this application and included in this decision the property is sloped toward its center with a medium RSCA stream at the base of the slopes.

Based on the information provided in the preliminary plan as conditioned the proposed Subdivision complies with these criteria.

D. A nonprofit, incorporated homeowners association, or an acceptable alternative, shall be required for ownership of, improving, operating, and maintaining common areas and facilities, including, but not limited to, open space, private roads, access drives, parking areas, and recreational uses, and for snow removal and storage in Government Camp. 

1. The homeowners association shall continue in perpetuity unless the requirement is modified pursuant to either Section 1309, Modification, or the approval of a new land use permit application provided for by this Ordinance.

2. Membership in the homeowners association shall be mandatory for each lot or parcel owner.

3. The homeowners association shall be incorporated prior to recording of the final plat.

4. Acceptable alternatives to a homeowners association may include, but are not limited to, ownership of common areas or facilities by the government or a nonprofit conservation organization.

FINDING: This request includes a shared access road serving lots 3 and 4 with a maintenance agreement. While a homeowner's association is not required, the recording of shared maintenance and easement agreements, as outlined throughout this decision, is required with the recording of the final plat.

As conditioned, these criteria are met.

5. ZDO Section 316 RRFF-5 – Rural Residential Farm Forest – 5 Acre

Section 316.02 Applicability

Section 316 applies to land in the Rural Area Residential 1-Acre (RA-1), Rural Area Residential 2-Acre (RA-2), Recreational Residential (RR), Rural Residential Farm Forest 5-Acre (RA1), Farm Forest 10-Acre (FF-10), and Future Urban 10-Acre (FU-10) Districts, hereinafter collectively referred to as the rural residential and future urban residential zoning districts.

Finding: This property is in the RRFF-5 zone.  The newly created lots will be subject to allowed uses and development standards outlined in this Section. These criteria apply.

Table 316-2 outlines dimensional standards in the Rural Residential Farm Forest -5 acre (RRFF-5) zone including lot sizing standards (density) and dimensional (setback) standards.

316.04 and Table 316-2-Dimensional Standards:

Table 316-2 establishes the Dimensional standards for the RRFF-5 zone

Footnote 4. For the purpose of complying with the minimum lot size standard, lots with street frontage on County or public road rights-of-way may include the land area between the front lot line and the centerline of the County or public road right-of-way

Finding: The subject property has frontage on SE Surface Road, a County road with a 60-foot right-of-way. For the purpose of demonstrating compliance with minimum lot size standards, the applicant has provided a survey that includes the land area between the front lot line and the centerline of the right-of-way, identifying the total property area as 20 acres. The applicant proposes to divide the property into four lots, with no individual lot smaller than 2 acres and an average lot size of 5 acres.

The partition plan identifies developable areas outside of required setbacks and buffers on each lot. This partition does not approve further development on the lots created; rather, it demonstrates that the lots can be reasonably developed in compliance with the development standards of the zone. Further compliance with the dimensional standards will be verified during the building permit review process. This criterion is met.

6. ZDO Section 1001 General Provisions

ZDO 1001.03 APPLICABILITY

Table 1001-1 establishes the applicability of Section 1000, as reproduced below. Findings against the relevant provisions of each Section are made elsewhere in this decision.

7. ZDO 1002 Protection of Natural Features

ORS 197A.400(1) requires that only standards that are clear and objective be applied to land use applications for residential uses. As the proposed partition will enable residential development, ZDO Sections 1002.03, 1002.04, 1002.05, 1002.06, 1002.07, and 1002.08 are not reviewed for with this decision as they are not, clear and objective criteria.

1002.01 HILLSIDES

A.  Development on slopes greater than or equal to 20 percent and less than or equal to 35 percent–except that for residential development in the RR, MRR, and HR Districts, the upper limit is 25 percent—shall require review of a Type I application pursuant to Section 1307, Procedures, and shall be subject to the following standards:

1. No partition or subdivision shall create any new lot or parcel which cannot be developed under the provisions of Subsection 1002.01. 

Finding: The property is rectangular in shape, with southern frontage on SE Surface Road and secondary access provided from the north via a unimproved right-of-way SE Wooster Rd, extending from the east. A steeply sloped ravine traverses the central portion of the property and contains Linglebeck Creek, which is identified by the Department of State Lands as a mapped open channel wetland. Slopes within the ravine exceed 20 percent. Each proposed lot is configured to include a developable area located near its respective access point, either to the south or north, and outside of the ravine, areas of steep slopes (greater than 20 percent), and the mapped wetland. As configured, all proposed lots can be developed in compliance with Subsection 1002.01. This Criterion is met.

B.  Development on slopes greater than 35 percent—and residential development on slopes greater than 25 percent in the RR, MRR, and HR Districts—shall require review of a Type II application pursuant to Section 1307 and shall be subject to the following standards… 

FINDING: As configured, this partition does not create parcels that cannot be developed in compliance with the standards of Subsection 1002.01. Developments on each parcel, 1, 2, 3 and 4 can occur outside of slopes over 20 percent.  This criterion is met.

8. ZDO 1003 Hazards to Safety

ORS 197A.400(1) requires that only standards that are clear and objective be applied to land use applications for residential uses. As the proposed partition will enable residential development, ZDO Sections 1003.03, 1003.04, and 1003.05 are not reviewed for with this decision as staff has identified these criteria as not being clear and objective.

1003.02 STANDARDS AND CRITERIA FOR MASS MOVEMENT HAZARD AREA DEVELOPMENT

A. No development or grading shall be allowed in areas of land movement, slump or earth flow, or mud or debris flow, unless approved in a Type II application pursuant to Section 1307, Procedures. Unless the criteria for such development as listed in Subsection 1003.02(B) are satisfied in the review of another approved Type II application pursuant to Section 1307, a mass movement hazard area development permit is required for development in areas of land movement, slump or earth flow, or mud or debris flow.

FINDING The subject property does not contain any identified Mass Movement Hazard Areas, as defined by this criterion.

This criterion is not applicable.

9. ZDO 1006 Utilities, Street Lights, Water Supply, Sewage Disposal, Surface Water Management, and Erosion Control

1006.01 GENERAL STANDARDS

A. The location, design, installation, and maintenance of all utility lines and facilities shall be carried out with minimum feasible disturbance of soil and site consistent with the rules and regulations of the surface water management regulatory authority.

B. All development that has a need for electricity, natural gas, and communications services shall install them pursuant to the requirements of the utility district or company serving the development. Except where otherwise prohibited by the utility district or company, utility service lines shall be installed underground.

C. Coordinated installation of necessary water, sanitary sewer, and surface water management and conveyance facilities is required.

D. Easements shall be provided along lot lines as deemed necessary by the County, special districts, and utility companies. Easements for special purpose uses shall be of a width deemed appropriate by the responsible agency. 

FINDING: The proposed subdivision will be served by a variety of utility and infrastructure services that are subject to this subsection.  The submitted plans include shared access and utility easements, the applicable standards of which are outlined within the decision as Conditions of Approval and addressed in more detail below.

1006.03 WATER SUPPLY

A. Development which has a need for, or will be provided with, public or community water service shall install water service facilities and grant necessary easements pursuant to the requirements of the district or company serving the development.

B. Approval of a development that requires public or community water service shall be granted only if the applicant provides a preliminary statement of feasibility from the water system service provider. 

1. The statement shall verify that water service, including fire flows, is available in levels appropriate for the development and that adequate water system capacity is available in source, supply, treatment, transmission, storage and distribution. Alternatively, the statement shall verify that such levels and capacity can be made available through improvements completed by the developer or the system owner.

2. If the statement indicates that water service is adequate with the exception of fire flows, the applicant shall provide a statement from the fire district serving the subject property that states that an alternate method of fire protection, such as an on-site water source or a sprinkler system, is acceptable. 

3. The statement shall be dated no more than one year prior to the date a complete land use application is filed and need not reserve water system capacity for the development. 

FINDING The subject property is not located within a water service area.  Individual exempt wells will be established to provide water for each proposed lot.

C. Prior to final approval of a partition or subdivision, the applicant shall provide evidence that any wells in the tract subject to temporary or permanent abandonment under Oregon Revised Statutes (ORS) 537.665 have been properly abandoned. 

FINDING: The applicant acknowledges wells are located on the subject tract. One well is present, which will be retained and will continue to serve Lot 1. A condition of approval will require that any wells subject to temporary or permanent abandonment under ORS 537.665 be properly abandoned prior to final approval. As conditioned, this criterion is met.

D. The following standards apply inside the Portland Metropolitan Urban Growth Boundary, Government Camp, Rhododendron, Wemme/Welches, Wildwood/Timberline, and Zigzag Village:

1. Land divisions or other development requiring water service shall not be approved, except as provided in Subsection 1006.03(D)(4), unless they can be served by a public water system in compliance with drinking water standards as determined by the Oregon Health Authority.

2. Development requiring water service within the boundaries of a water service system, created pursuant to ORS chapters 264, 450, or 451, shall receive service from this system.

3. New public water systems shall not be created unless formed pursuant to ORS chapters 264, 450, or 451.

4. A lot of record not located within the approved boundaries of a public water system may be served by an alternative water source.

FINDING The subject property is not located within the Portland Metropolitan Urban Growth Boundary, Government Camp, Rhododendron, Wemme/Welches, Wildwood/Timberline, or Zigzag Village therefore these criteria do not apply.

E. The following standards apply outside the Portland Metropolitan Urban Growth Boundary, Government Camp, Rhododendron, Wemme/Welches, Wildwood/Timberline, and Zigzag Village:

1. Applicants shall specify a lawful water source for the proposed development, such as a public or community water system, certificated water right, or exempt-use well.

2. If use of an exempt-use well is proposed, subdivisions—as well as the following types of development in a sensitive groundwater area: partitions, Type II replats, and industrial, commercial, or institutional development—must affirmatively demonstrate that:

a. The subject aquifer is capable of sustaining the proposed development with sufficient potable water.

b. The proposed development is not likely to unreasonably interfere with existing wells. "Unreasonably interfere" means that a proposed development will result in one or more senior groundwater appropriators being unable to obtain either the permitted or the customary quantity of groundwater, whichever is less, from a reasonably efficient well that fully penetrates the aquifer where the aquifer is relatively uniformly permeable. However, in aquifers where flow is predominantly through fractures, full penetration may not be required as a condition of finding substantial or undue interference.

c.  The proposed development is not likely to contribute to the overdraft of the affected aquifer.

FINDING: The subject property is located outside of the Portland Metropolitan Urban Growth Boundary, as well as the Government Camp, Rhododendron, Wemme/Welches, Wildwood/Timberline, and Zigzag Village areas; therefore, these criteria apply. The applicant proposes each of the four lots with individual exempt-use wells as their water source.

The property was historically developed with two single-family dwellings on a single lot of record. The proposed subdivision includes the demolition of one existing dwelling and the creation of a total of four lots), consistent with the RRFF-5 zoning designation.

A well driller's report has been submitted demonstrating that the underlying aquifer is capable of providing water in sufficient quantity and rate to serve the proposed development. Based on the information provided, the proposed wells are not expected to unreasonably interfere with existing wells and are not likely to contribute to the overdraft of the aquifer.

Staff has reviewed the submitted materials and finds that the applicable criteria are met.

Note: If, prior to final plat recording, the applicant elects to provide a shared well in lieu of individual exempt wells on each lot, such a configuration would also meet the applicable criteria.

As proposed and conditioned, this criterion is met. 

5. Outside of sensitive groundwater areas, the Planning Director may, at the Director's discretion, waive some or all of the requirements for a hydrogeologic review where an applicant demonstrates through well logs or other evidence that the specified information is not necessary to determine compliance with Subsection 1006.03(E)(2).

6. Water service for partitions and subdivisions shall be provided according to the provisions of ORS 92.090. When no water is to be provided by a public or community water system, there shall be a note on the final plat indicating that no public water service is being provided, in addition to the filing and disclosure requirements of ORS 92.090. 

7.Approved land divisions at densities requiring public water service shall include a note on the final plat indicating public water service is required for development. 

8.For a major subdivision, all lots shall be served by a single public or community water source. 

FINDING The proposed development is a subdivision located outside of mapped sensitive groundwater areas. The property was historically developed with two single-family dwellings on a single lot of record. A well driller's report has been submitted with the application, addressing the aquifer's capacity to support additional homesites and demonstrating that sufficient groundwater is available to serve the proposed development.

Based on the information provided, staff finds that a full hydrogeologic review is not necessary to determine compliance with Subsection 1006.03(E)(2), and the Planning Director may exercise discretion to waive such requirements where appropriate.

The proposed development does not include public or community water service. Therefore, a condition of approval shall require that the final plat include a note stating that no public water service is being provided, in addition to compliance with the filing and disclosure requirements of ORS 92.090.  As conditioned, these criteria are met.

1006.05 ONSITE WASTEWATER TREATMENT

A. All development that requires onsite wastewater treatment shall receive approval for the system from the County prior to submittal of a land use application for development. Onsite wastewater treatment systems shall be installed pursuant to: Oregon Revised Statutes 454.605 through 454.745; Oregon Administrative Rules chapter 340, divisions 71 and 73; and the policies of the County.

FINDING The parcels or lots (lots) created by this proposed land division will be served by onsite wastewater treatment (often referred to as a septic system). Under the relevant statutes and administrative rules, approval of a new onsite wastewater treatment system requires an approved site evaluation. The site evaluation details the requirements for construction of the future system. The applicant has submitted an approved site evaluation for a system to serve a single-family dwelling on each of the 4 proposed lots. See file(s) SE034125, SE034925, SE035025 and SE035125.  These records demonstrate that the approved area for installation of each onsite wastewater treatment system can be contained within the proposed lot lines for the lot that the system will serve. Conditions of approval will require that prior to final plat approval, the applicant shall submit a site plan sufficient to verify the location of each onsite wastewater treatment system approval area, relative to the new lot lines, as well as any necessary easement documents if system locations prove to be outside the boundaries of the lots they will serve. Installation of the future system(s) must comply with the statutes and administrative rules cited above and administered by the Clackamas County Septic Program. Conditions of approval will require such compliance. 
 

As conditioned, this criterion is met.

B. Inside the Portland Metropolitan Urban Growth Boundary (UGB), Government Camp, Rhododendron, Wemme/Welches, Wildwood/Timberline, and Zigzag Village, all land divisions or other development that requires onsite wastewater treatment shall be prohibited except for:

1. A lot of record that is outside of a sewage service district and was created:

a. Prior to January 31, 1980; or

b. On or after January 31, 1980, and prior to inclusion in the UGB;

2. Lots of 10 acres or larger in the FU-10 District;

3. Lots that do not have a sanitary sewerage system that is legally and physically available as defined in OAR 340-071-0160(4)(f)(A) and (B), including lots that have unique topographic or other natural features that make sewer extension impractical as determined on a case-by-case basis by the sewer service provider; and

4. Areas under a sewer moratorium with sewer services five years or more away if the area is annexed into a city or district that can assure that future delivery of sewerage services is planned.

C. Notwithstanding Subsection 1006.05(B), development of triplexes, quadplexes, townhouses, or cottage clusters in the VR-4/5, VR-5/7, R-5, R-7, R-8.5, R-10, R15, R-20, or R-30 Districts and development of affordable housing subject to Section 846, Affordable Housing, is prohibited if the development requires onsite wastewater treatment.

FINDING The subject property is not located within one of the listed jurisdictional boundaries.  These criteria are not applicable.

1006.06 SURFACE WATER MANAGEMENT AND EROSION CONTROL

ORS 197A.400(1) requires that only standards that are clear and objective be applied to land use applications for residential uses. As the proposed partition will enable residential development ZDO Sections 1006.06(D)(1), 1006.06(D)(4), 1006.06(E), and 1006.06(H) are not reviewed for with this decision as they are not clear and objective criteria.

The following surface water management and erosion control standards apply:

A. Positive drainage and adequate conveyance of surface water shall be provided from roofs, footings, foundations, and other impervious or near-impervious surfaces to an appropriate discharge point. 

B. The requirements of the surface water management regulatory authority apply. If the County is the surface water management regulatory authority, the surface water management requirements of the Clackamas County Roadway Standards apply.

C. Approval of a development shall be granted only if the applicant provides a preliminary statement of feasibility from the surface water management regulatory authority. The statement shall verify that adequate surface water management, treatment and conveyance is available to serve the development or can be made available through improvements completed by the developer or the system owner.

1.The surface water management regulatory authority may require a preliminary surface water management plan and report, natural resource assessment, and buffer analysis prior to signing the preliminary statement of feasibility.

2.The statement shall be dated no more than one year prior to the date a complete land use application is filed and need not reserve surface water treatment and conveyance system capacity for the development.

FINDING: The subject property is under the surface water management jurisdiction of Clackamas County Transportation and Development who have completed a statement of feasibility that satisfies the standards of (C)(1)-(3). Conditions of approval requiring compliance with (A) and (B) have been adopted.

As conditioned, these criteria are met.

10. ZDO 1007 Roads and Connectivity

ORS 197A.400(1) requires that only standards that are clear and objective be applied to land use applications for residential uses. As the proposed partition will enable residential development ZDO Sections 1007.01(C)(4), ZDO 1007.01(C)(8)(d), 1007.01(F), 1007.01(G), 1007.05, are not reviewed for with this decision as they are not clear and objective criteria.

1007.01 GENERAL PROVISIONS

A. The location, alignment, design, grade, width, and capacity of all roads shall conform to Section 1007, Chapters 5 and 10 of the Comprehensive Plan, and the Clackamas County Roadway Standards.  Where conflicts occur between Section 1007, the Comprehensive Plan, and the Clackamas County Roadway Standards, the Comprehensive Plan shall control.

FINDING: The applicant has submitted a land use application for a 4-lot subdivision of an approximately 19.7-acre parcel located at 35577 SE Surface Road. The site has frontage on SE Surface Road and is also bounded to the north by an unimproved public right-of-way known as SE Wooster Road. A ravine containing a mapped stream traverses the site in an east-west direction.  This development will be established in accordance with these standards as outlined and conditioned herein.

As conditioned, this criterion is met.

B. Right-of-way dedications and improvements shall be required of all new developments, including partitions, subdivisions, multifamily dwellings, duplexes, triplexes, quadplexes, townhouses, cottage clusters, detached single-family dwellings, and commercial, industrial, and institutional uses, consistent with Section 1007, Chapters 5 and 10 of the Comprehensive Plan, and the Clackamas County Roadway Standards.

FINDING: SE Surface Road is classified as a rural local road and the subject property is located outside the Urban Growth Boundary. Per Table 2-3 of the Clackamas County Roadway Standards, frontage improvements are not required for short subdivision on local roads in rural areas. However, to meet minimum County standards, dedication of approximately 4 feet of additional right-of-way along the SE Surface Road frontage will be required to provide a minimum 24-foot half right-of-way width and an 8-foot-wide public utility easement will be required adjacent to the public right-of-way along the site frontage along SE Wooster Rd.

As conditioned, this criterion is met.

C. New developments shall have access points connecting with existing roads.

1. Intersection spacing and access control shall be based on Subsection 3.08.110(E) of the Metro Code (Regional Transportation Functional Plan); Chapters 5 and 10 of the Comprehensive Plan; and the Clackamas County Roadway Standards. 

2. For development on any portion of a contiguous site identified on Comprehensive Plan Map 5-6, Potentially Buildable Residential Sites > 5 Acres in UGB, the applicant shall provide a conceptual map of new streets for the entire site.  The map shall identify street connections to adjacent areas to promote a logical, direct, and connected system of streets; demonstrate opportunities to extend and connect new streets to existing streets, and provide direct public right-of-way routes. Closed-end street designs shall be limited to circumstances in which barriers prevent full street extensions.  Closed-end streets shall not exceed 200 feet in length and shall serve no more than 25 dwelling units.  Subsequent development on the site shall conform to the conceptual street map, unless a new map is approved pursuant to Subsection 1007.01(C)(2).

3. Access control shall be implemented pursuant to Chapter 5 of the Comprehensive Plan and the Clackamas County Roadway Standards considering best spacing for pedestrian access, traffic safety, and similar factors.

4. Approaches to public and county roads shall be designed to accommodate safe and efficient flow of traffic and turn control where necessary to minimize hazards for other vehicles, pedestrians, and bicyclists.

5. Joint access and circulation drives utilizing reciprocal easements shall be utilized as deemed necessary by the Department of Transportation and Development.  In the NC District, joint street access for adjacent commercial developments shall be required.

6. In the SCMU District, driveways shall be spaced no closer to one another than 35 feet, measured from the outer edge of the curb cut, unless compliance with this standard would preclude adequate access to the subject property as a result of existing off-site development or compliance with the Clackamas County Roadway Standards.

7. In the VA District, no direct motor vehicle access is permitted on Sunnyside Road.

8. Inside the Portland Metropolitan Urban Growth Boundary:

a. The development shall have no more than the minimum number of driveways required by the Department of Transportation and Development on all arterial and collector streets.

b. For properties having more than one street frontage, driveways shall be located on the street with the lowest functional classification, if feasible.

c. Driveways shall be no wider than the minimum width allowed by the Clackamas County Roadway Standards.

d. Driveways shall be located so as to maximize the number of allowed on-street parking spaces, the number of street trees, and optimum street tree spacing.

FINDING: The subject property is not located within the Portland Metropolitan Urban Growth Boundary, the VA or SCMU zoning districts, nor is it identified on Comprehensive Plan Map 5-6. Therefore, Subsections (2), (6), (7), and (8) are not applicable to this proposal.

Subsections (1), (3), (4), and (5) are applicable and are addressed as shown on the applicant's site plan and through conditions of approval. The subject property is bounded to the north by Wooster Road, an approximately 60-foot-wide unimproved public right-of-way extending from SE Tumala Mountain Road along the northern property line of the subject tax lot. The preliminary site plan indicates that access to proposed Lots 3 and 4 may be provided from this right-of-way.

As an unimproved public right-of-way, Wooster Road may be improved to meet applicable Clackamas County Roadway Standards. For access serving the existing and proposed lots with frontage along Wooster Road, the access road shall be constructed to a minimum width of 20 feet from SE Tumala Mountain Road to the point of access serving Lot 4, in accordance with Clackamas County Roadway Standards and Standard Drawing R100. Beyond this point, the access road may be reduced to a minimum width of 12 feet in accordance with Standard Drawing R100.

As conditioned these criteria are met.

1007.02 PUBLIC AND PRIVATE ROADWAYS

A. All roadways shall be developed according to the classifications, guidelines, tables, figures, and maps in Chapters 5 and 10 of the Comprehensive Plan and the provisions of the Clackamas County Roadway Standards.

1. Development along streets with specific design standards specified in Chapter 10 of the Comprehensive Plan shall improve those streets as shown in Chapter 10.

FINDING: The proposed access serving Lots 3 and 4 will traverse sloping terrain. Clackamas County Roadway Standards Section 230.4 specifies that access roads with grades exceeding 15 percent, and no greater than 20 percent, require a paved surface. The applicant will be required to construct the access serving Lots 3 and 4 prior to recording the final subdivision plat and the access must comply with applicable Clackamas County Roadway Standards.

The subject property is not identified on Comprehensive Plan Map IV-8; the NC, OA, or VCS district; located on Comprehensive Plan Map V-5; and the subject property is not a scenic road as mapped on Comprehensive Plan Map V-5 or a street with a specific design standard in Chapter 10 of the Comprehensive Plan. Therefore, the criteria at (1)-(6) are not applicable.

As conditioned, these criteria are met.

D. Developments shall comply with the intersection sight distance and roadside clear zone standards of the Clackamas County Roadway Standards.  In addition:

1. No planting, signing, or fencing shall be permitted which restricts motorists' vision; and

2. Curbside parking may be restricted along streets with visibility problems for motorists, pedestrians, and/or bicyclists as deemed appropriate by the Department of Transportation and Development.

FINDING: Clackamas County Roadway Standards require that access to public roads provide minimum intersection sight distance in accordance with Section 240 and meet access spacing requirements pursuant to Section 220.3 (Access Spacing Standards). Existing access serving Tax Lot 1 from SE Surface Road, as well as any proposed access for Lot 2, and is met as shown on the proved site plan.

· Intersection Sight Distance (ISD) of 610 feet and

· Stopping Sight Distance (SSD) of 495 feet,

Access for Tax Lots 2, 3, and 4 will be reviewed and approved through applicable permitting processes consistent with Clackamas County Roadway Standards.

Aerial imagery indicates that SE Surface Road is generally straight in alignment with a gradual upslope of approximately 6–10 percent to the east. Based on this configuration, sight distance of approximately 495 feet to both the east and west of the proposed access points for Lots 1 and 2 can be achieved on-site and within the adjacent right-of-way. Required sight distance improvements, including any necessary vegetation management or adjustments to access location, to ensure safe and adequate sight distance to the public roadway will be established by Clackamas County Transportation and Engineering and/or the applicant prior to plat recording.

Lots 3 and 4 are proposed to take access from an unimproved right-of-way (SE Wooster Rd.) that intersects with SE Tumala Mountain Road, an established Clackamas County public right-of-way off the property to the east.  Access drives for Tax Lots 3 and 4 will be reviewed and approved through applicable permitting to ensure compliance with County Roadway Standards.

As conditioned, these criteria are met.

E. New developments, subdivisions, and partitions may be required to dedicate land for right-of-way purposes and/or make road frontage improvements to existing rights-of-way, consistent with Section 1007, Chapters 5 and 10 of the Comprehensive Plan, and the Clackamas County Roadway Standards. 

FINDING: As outlined earlier in these findings, a 4-foot one-half right-of-way (ROW) dedication is required in accordance with the Clackamas County Roadway Standards to ensure compliance with applicable roadway standards.

As conditioned, these criteria are met.

F. Road frontage improvements within the UGB and in Government Camp, Rhododendron, and Wemme/Welches shall include:

1. Surfacing, curbing, or concrete gutters as specified in Section 1007, Chapters 5 and 10 of the Comprehensive Plan, and the Clackamas County Roadway Standards;

2. Pedestrian, bikeway, accessway, and trail facilities as specified in Subsection 1007.04;

3. Transit amenities as specified in Subsection 1007.05; and

4. Street trees as specified in Subsection 1007.06.

FINDING The subject property is not located within the Urban Growth Boundary or within Government Camp, Rhododendron, or Wemme/Welches.

These criteria are not applicable.

1007.03 PRIVATE ROADS AND ACCESS DRIVES

A. Private roads and access drives shall be developed according to classifications and guidelines listed in Section 1007, Comprehensive Plan Figures 5-1 through 5-3, Typical Roadway Cross Sections, Chapters 5 and 10 of the Comprehensive Plan, and the Clackamas County Roadway Standards, except:

1. When easements or "flag-pole" strips are used to provide vehicular access to lots or parcels, the minimum width shall be 20 feet, unless a narrower width is approved by the Department of Transportation and Development and the applicable fire district's Fire Marshal; 

2. Where the number of lots served exceeds three, a wider width may be required as deemed appropriate or necessary by the Department of Transportation and Development consistent with other provisions of Section 1007, the Comprehensive Plan, and the Clackamas County Roadway Standards;

3. Access easements or "flag-pole" strips may be used for utility purposes in addition to vehicular access;

4. The standards listed above may be deviated from when deemed appropriate by the Department of Transportation and Development to accommodate one-half streets or private common access drives and roads within developed urban areas providing access to not more than seven lots; and

5. The intersection of private roads or access drives with a public or county road and intersections of two private roads or access drives shall comply with the sight distance and clear zone standards pursuant to Subsection 1007.02(D).

FINDING:  Access to Parcels 1 and 2 will be taken directly from SE Surface Road, an established right-of-way. Access to Parcels 3 and 4 will be provided via SE Wooster Road, an unimproved County right-of-way. Any additional on-site access drives serving the proposed parcels will be developed in accordance with Section 1007, the Comprehensive Plan, and the Clackamas County Roadway Standards, and will be reviewed at the time of development on each lot.

The applicant has demonstrated that, the proposed access points can comply with applicable sight distance and clear zone standards pursuant to Subsection 1007.02(D).

As conditioned, these criteria are met.

1007.04 PEDESTRIAN AND BICYCLE FACILITIES

E. Sidewalks or Pedestrian Pathways in Unincorporated Communities: In an

unincorporated community, either a sidewalk or a pedestrian pathway shall be

constructed on arterial or collector street frontage(s) of a lot upon which a

subdivision, partition, multifamily dwelling, quadplex, triplex, townhouse where

three or more dwelling units are attached to one another, or a commercial,

industrial, or institutional development is proposed.

FINDING: The subject property is not located within an Unincorporated Community.

These criteria are not applicable.

1007.07 TRANSPORTATION FACILITIES CONCURRENCY

A. Subsection 1007.07 shall apply to the following development applications:  design review, subdivisions, partitions, and conditional uses.

B. Approval of a development shall be granted only if the capacity of transportation facilities is adequate or will be made adequate in a timely manner.  The following shall be exempt from this requirement:

1. Development that is located: 

a. In the Light Industrial, General Industrial, or Business Park District; and

b. North of the Clackamas River; and 

c. West of Highway 224 (south of Highway 212) or 152nd Drive (north of Highway 212); and 

d. South of Sunnyside Road (east of 82nd Avenue) or Harmony Road (west of 82nd Avenue) or Railroad Avenue (west of Harmony Road); and 

e. East of Interstate 205 (south of Milwaukie Expressway) or the city limits of Milwaukie (north of the Milwaukie Expressway).

2. Modification or replacement of an existing development (or a development that has a current land use approval even if such development has not yet been constructed) on the same property, provided that an increase in motor vehicle traffic does not result;

3. Unmanned utility facilities, such as wireless telecommunication facilities, where no employees are present except to perform periodic servicing and maintenance;

4. Mass transit facilities, such as light rail transit stations and park-and-ride lots;

5. Home occupations to host events, which are approved pursuant to Section 806; and 

6. Development in Government Camp that is otherwise consistent with the Comprehensive Plan land use plan designations and zoning for Government Camp.

C. As used in Subsection 1007.07(B), adequate means a maximum volume-to-capacity ratio (v/c), or a minimum level of service (LOS), as established by Comprehensive Plan Tables 5-2a, Motor Vehicle Capacity Evaluation Standards for the Urban Area, and 5-2b, Motor Vehicle Capacity Evaluation Standards for the Rural Area. Notwithstanding the definitions of "urban" and "rural" in Chapter 5, Transportation System Plan, of the Comprehensive Plan, Highway 212 shall be evaluated under Table 5-2a, if the subject property is inside the Portland Metropolitan Urban Growth Boundary.

D. For the purpose of calculating capacity as required by Subsections 1007.07(B) and (C), the following standards shall apply:

1. The methods of calculating v/c and LOS are established by the

Clackamas County Roadway Standards.

2. The adequacy standards shall apply to all roadways and intersections within the impact area of the proposed development.  The impact area shall be identified pursuant to the Clackamas County Roadway Standards.

E. As used in Subsection 1007.07(B), timely means:

1. For facilities under the jurisdiction of the County, necessary improvements are included in the Five-Year Capital Improvement Program, fully funded, and scheduled to be under construction within three years of the date land use approval is issued;

2. For facilities under the jurisdiction of the State of Oregon, necessary improvements are included in the Statewide Transportation Improvement Program (STIP) and scheduled to be under construction within four years of the date land use approval is issued; 

3. For facilities under the jurisdiction of a city or another county, necessary improvements are included in that jurisdiction's capital improvement plan, fully funded, and scheduled to be under construction within three years of the date land use approval is issued.

4. Alternatively, timely means that necessary improvements will be constructed by the applicant or through another mechanism, such as a local improvement district.  Under this alternative: 

a. Prior to issuance of a certificate of occupancy for a conditional use or a development subject to design review and prior to recording of the final plat for a subdivision or partition, the applicant shall do one of the following:

i. Complete the necessary improvements; or

ii. For transportation facilities under the jurisdiction of the County, the applicant shall provide the county with a deposit, letter of credit, performance bond, or other surety satisfactory to county staff pursuant to Section 1311, Completion of Improvements, Sureties, and Maintenance.  For transportation facilities under the jurisdiction of the state, a city, or another county, the applicant shall comply with the respective jurisdiction's requirements for guaranteeing completion of necessary improvements.  This option is only available if the jurisdiction has a mechanism in place for providing such a guarantee. 

G. Notwithstanding Subsections 1007.07(D) and (F)(1)(a), motor vehicle capacity calculation methodology, impact area identification, and transportation impact study requirements are established by the ODOT Transportation Analysis Procedures Manual for roadways and intersections under the jurisidiction of the State of Oregon. 

H. As an alternative to compliance with Subsection 1007.07(B), the applicant may make a voluntary substantial contribution to the transportation system.

1. As used in this subsection, "substantial contribution" means construction of a roadway or intersection improvement that is all of the following:

a. A complete project or a segment of a roadway identified in Comprehensive Plan Table 5-3a, 20-Year Capital Projects, 5-3b, Preferred Capital Projects, or 5-3c, Long-Term Capital Projects; the STIP; or the capital improvement plan (CIP) of a city or another county.

i. For a segment of a roadway to qualify as a substantial contribution, the roadway shall be on or abutting the subject property; no less than the entire segment that is on or abutting the subject property shall be completed; and there shall be a reasonable expectation that the entire project—as identified in Comprehensive Plan Table 5-3a, 5-3b, or 5-3c; the STIP; or the CIP of a city or another county—will be completed within five years;

b. Located within the impact area of the proposed development.  The impact area shall be established by the Clackamas County Roadway Standards;

c. Estimated to have a minimum construction cost of $527,000 in year 2004 dollars.  The minimum construction cost shall on January 1st of each year following 2004 be adjusted to account for changes in the costs of acquiring and constructing transportation facilities.  The adjustment factor shall be based on the change in average market value of undeveloped land, except resource properties, in the County according to the records of the County Tax Assessor, and the change in construction costs according to the Engineering News Record (ENR) Northwest (Seattle, Washington) Construction Cost Index; and shall be determined as follows: 

i. Change in Average Market Value X 0.50 + Change in Construction Cost Index X 0.50 = Minimum Construction Cost Adjustment Factor

ii. After the adjustment factor is applied to the previous year's minimum construction cost, the result shall be rounded to the nearest thousand. 

2. Prior to issuance of a certificate of occupancy for a conditional use or a development subject to design review and prior to recording of the final plat for a subdivision or partition, the applicant shall do one of the following: 

a. Complete the substantial contribution; or

b. For transportation facilities under the jurisdiction of the County, the applicant shall provide the county with a deposit, letter of credit, performance bond, or other surety satisfactory to county staff pursuant to Section 1311.  For transportation facilities under the jurisdiction of the state, a city, or another county, the applicant shall comply with the respective jurisdiction's requirements for guaranteeing completion of necessary improvements.  This option is only available if the jurisdiction has a mechanism in place for providing such a guarantee.

FINDING: The Transportation and Engineering comments provided address ZDO Subsection 1007.07, stating the following: 'Adequate ROW width and roadway capacity is available to handle the additional traffic generated by the development, adequate roadway capacity is required to accommodate traffic generated by the development. SE Surface Road and SE Tumala Mountain Road currently serve the surrounding rural residential area. The additional vehicle trips generated by the proposed four-lot subdivision are expected to be minimal and will not adversely affect the operation of the local roadway network. Therefore, the County's concurrency requirements as they relate to the transportation system are met by the applicant's proposal'.

These criteria are met.

11. ZDO 1012 Lot Size and Density

ZDO 1012.01  Applicability

Section 1012 applies to the following land use permit applications in any zoning district that has a minimum lot size standard, district land area standard, or minimum density standard, except AG/F, EFU, and TBR:

A. Subdivisions;

B. Partitions;

Finding: The applicant is proposing a subdivision that is not located in the AG/F, EFU or TBR zoning district. Therefore, Section 1012 applies to this application.

ZDO 1012.02 Minimum Lot Size Exceptions

In subdivisions, partitions, and replats, lots and parcels shall comply with the minimum lot size standards, if any, of the applicable zoning district, except as established by Subsections 1012.02(A) through (H).

Finding: No Exceptions to minimum lot size are proposed or needed with this project. Maximum density will be analyzed below.

ZDO 1012.03 Maximum Lot Size

In subdivisions, partitions, and replats in the VR-5/7, VR-4/5, and VTH Districts, lots and parcels shall comply with the maximum lot size standards of the applicable zoning district, except as established by Subsections 1012.03(A) through (C) for the VR-5/7 and VR-4/5 Districts.

Finding: The subject property is in the RRFF-5 Zoning District, where there is no maximum lot size. However, Density calculations are described below.

ZDO 1012.04 General Density Provisions

A. Density is a measurement of the number of dwelling units in relationship to a specified amount of land. In the context of partition, subdivision, replat, or manufactured home park, density typically relates to potential dwelling units in the form of lots, parcels, or manufactured home park spaces. Density often is expressed as dwelling units per acre; however, this Ordinance implements density standards in many zoning districts by assigning a district land area (DLA), which is the starting point for determining the maximum number of dwelling units allowed on a particular site. In general, the DLA is the minimum lot area required per dwelling unit; however, the DLA is subject to adjustment for density bonuses, restricted area development limitations, and limits on the extent of new road area that must be subtracted.

Finding: This request is for a four lot subdivision within the RRFF-5 zone, which requires a average lot size of 5 acres and minimum lot size of 2 acres. The submitted survey identifies the subject property as containing 20 acres, no lot proposed is smaller that 2 acres.

As proposed, the partition complies with the minimum lot size requirements of the RRFF-5 zone. Therefore, this criterion is satisfied.  Furter division of this property is not viable with the current zoning.

This criterion is met.

ADVISORY NOTES

Advisory notes are not a part of the decision on this land use permit. The items listed below are not conditions of land use approval and are not subject to appeal. They are advisory and informational only but may represent requirements of other agencies/departments. As such, they may be required by these other agencies/departments in order to complete your proposed development.

PLAT REVIEW SUBMITTAL INFORMATION:

Prior to Survey acceptance of a subdivision review, a Paper Plat Letter must be issued by Clackamas County Planning and Zoning and included with the survey submittal packet. To obtain this letter, the applicant shall submit the draft plat to the planner who issued this decision (Lizbeth Dance Planner II, LDance@clackamas.us ) and request a Paper Plat Letter.

PLATTING: Pursuant to ORS 92, two (2) copies of the draft partition plat survey of the development shall be submitted to the Clackamas County Survey Department for routing & review. 

a. A copy of the final plat survey and review deposit shall also be submitted separately to the County Surveyor's office for review. 

b. After the draft plat is approved by the Planning & Zoning Division staff and reviewed by the Survey Department, one (1) mylar copy of the final plat shall be submitted to the County Engineering Division for final review. 

c.  The draft and final plats shall be prepared by a registered professional land surveyor in a form and with information consistent with the provisions of ORS 92, relevant portions of ORS 209.250, the County ZDO, Chapters 11.01 and 11.02 of the County Code and these conditions of approval. 

d. When final approval is given by the Planning and Zoning Division and the final plat is approved by the County Surveyor, the plat must then be filed and recorded with the County Clerk.  All property taxes shall be paid in full for the current year in order for the plat to be recorded.

e. None of the individual Lots may be sold, transferred or assigned until the final plat has been approved by the County Surveyor and recorded with the County Clerk.

f. Any private access easements should also contain provisions for public utility services such as water, electricity, communications, natural gas, storm drainage, sanitary sewer, emergency services, etc. 

g. New easements should include a statement that the easements are for the lots or parcels shown and any future divisions thereof.

h. Easements created for access to parcels that can be redeveloped or further divided shall contain language that would allow the access and utilities easement(s) used by any additional development or parcels created in future.  Any private easements should also contain provisions for public utility services such as water, electricity, communications, gas, storm drainage, sanitary sewer, etc.

 SEPTIC AND ONSITE WASTEWATER TREATMENT

Prior to approval of the certificate of occupancy for each new dwelling, a construction permit for an onsite wastewater treatment system to serve that dwelling, and an approved final inspection of the system, shall be obtained from the Septic Program. This is not applicable to any dwelling served by an existing system that complies with the requirements of the Septic Program.

ROAD NAMING AND ADDRESSING:

Road Names: A new road name is not needed with this Subdivision.

Addressing will be assigned when the Drat Plat is submitted for review: 

The County is responsible for assigning addresses within unincorporated areas of Clackamas County. Fees for new addresses are $100 for the first 5 addresses and $50 for each additional address. There is an additional Technology Fee of 3% or $5, whichever is less.

The County will register new addresses with emergency services, US Postal Service, PGE, Clackamas County Assessor's Office, and Clackamas County GIS. Once assigned, addresses should be visible and legible from the street as required by the Uniform Fire Code. Mailboxes should be located on the designated street according to USPS guidelines. It is the applicants responsibility to notify anyone else.

TRANSPORTAIOTN AND ENGINEERING COMMENTS:

To obtain the permit, the applicant shall submit construction plans prepared and stamped by an Engineer registered in the State of Oregon, or plans acceptable to the Engineering Division, and pay a plan review and inspection fee. 

The fee will be calculated as a percentage of the construction costs if it exceeds the minimum permit fee.  The minimum fee and the percentage will be determined by the current fee structure at the time of the Development Permit application.

1. At the time of building permit review, access to the home sites for Lots 2, 3, and 4 shall be reviewed and approved through applicable permitting. Access improvements for these lots may be reviewed and constructed under an approved Development Permit; however, an Entrance Permit shall be required for each lot prior to building permit issuance. Driveway approaches for Lot 2 shall conform to Clackamas County Roadway Standards Drawing D500, and driveway approaches for Lots 3 and 4 shall conform to Drawing D400.

Actions

Please direct all calls and correspondence to the staff contact indicated below.

Hearing Time: 9:30 a.m.
File Number: Z0014-26
Proposal: Appeal of a 4 lot minor Subdivision
Staff contact: Lizbeth Dance; 503-742-4524 or Ldance@clackamas.us

X Closed Record

• Decision expected by August 3rd.