Freeland Appeal This is a follow up to the Staff notes and additionally the proposed development requests. When submitting this RRV we assumed that the transportation department would have findings of conditions of approval and none where found. We are requesting the same variances as in our original submittal however have now proposed road widening of the ROW and have specified the required 10’ of gravel. Exhibits of a design plan have been drafted by an engineer and are attached as part of this request. Additionally, a covenant has been attached as an exhibit of the Hentges additionally not being in favor of road widening along their west property line that would be impacted by the SEC-WR . 9.4 MCRR 4.400 Width: Driveway, Private road and Access way widths shall conform to the dimensions laid out in the Design and Construction Manual. Staff: The applicant submitted a scaled site plan (Exhibit A.5.1). The proposed driveway/access for the single family residence onto SE Victory Rd is 25 feet. This driveway meets the County standard (3.6-7.5m/12 feet to 25 feet). The second access, which will serve as a firetruck turnaround area, is 46 feet wide at the property line. Standard is not met for second access point. Applicant: With the 5 foot dedication the access is now 20’ at the property line, this width is required for the proper radius and slopes for this emergency vehicle hammer head. This access is for the sole purpose of the emergency vehicle access. This access meets county width standards. 9.7 MCRR 6.000 Improvement Requirements *Applicant: A dedication is planned and applicant accepts the responsibility of dedicating 5ft to the right of way. See Exhibits for dedication. 9.8 B. Frontage Improvement Requirements: In addition to easement and right- of-way dedication requirements, a prorate share may include half- street improvements along all of the site’s County Road frontage(s). Right of Way improvements shall satisfy the standards of the County Design and Construction Manual based upon the functional classification of the road(s). The commitment to improve the affected streets or other facilities to the required standards shall be conditions of approval of Design Review or any other development permit related to the proposal. Half-street improvements can include all of the following: Staff: The site’s access, SE Victory Rd, is not a County-maintained road, but a public Local Access Road under the County’s jurisdiction. Improvements to SE Victory Rd would be necessary to meet minimum requirements for Rural Local roads in Multnomah County Design and Construction Manual (MCDCM) Table 2.2.5. See also MCRR 11.000 below. APPLICANT: The area we are asking for a variance and exception to the standard falls west of the second home access. This section is approximately 150-200ft long and has sufficient road width on the east side and a large area of fire apparatus turn around on the west side of this area. This area begins west of the second home on this road, making the access accommodating only 2 homes beyond the start of the SEC-WR and making the standard 15ft for this section of the local access road. Bringing this section of road to the 15ft standard or the 20ft standard would result in an excess of 400sqft of disturbance and resulting in a significant environmental impact. This area has been approved for safety and accessibility at the current width by the local fire official. A. road surface widening is being proposed in all areas of existing travel except within the SEC-WR zone as suggested in section 10.5 .” Furthermore, if the overlays were the main reason for not making any improvements, the applicant could have sought to improve the parts of SE Victory Rd which were not covered by the SEC-wr overlay.” This overly is not the main reason, however it is a significant financial burden and poses no safety risk with access, line of sight or grade of the current road. C. Required Submissions by Subject Parties. Subject parties shall submit to the County Engineer the following: engineered plans, traffic studies, traffic analysis, reports, surveys or similar documents as requested or required by the County Engineer under this Subsection 6.100 or as may additionally be required under Section 18. Staff: The applicant has submitted all materials required for a variance to County standards. This is addressed in MCRR Section 16.000 below. APPLICANT: NO CURRENT COUNTY ENGINEER employed with transportation planning. No one to contact MCRR 11.000 Local Access Roads MCRR 11.100 Improvement Requirements: APPLICANT: B. applicant agrees to make dedication of the 5ft required for the right of way to meet the width requirement. C. The Stumps within the right of way were trees, and the ROW was safely accessible before the trees were taken down due to safety concerns of falling/ rotten trees. These stumps are proposed to be stump ground for removal, thus not creating an environmental impact or a safety concern. D. The proposed width is that of county standard as stated 20’ wide driving surface with 10” of gravel. We are asking for a variance on the section of the SEC-WR width standards. We propose to comply with the 8-10” of gravel standard within the SEC-WR zone , and request a variance on the width within that small section. Criterion met in all other areas of ROW with exception to the SEC-WR width. 9.12 MCRR 18.250 Access/Encroachment Permit: Staff: When the proposed development is approved, the applicant is required to obtain an Access/Encroachment permit(s) for the access points to the right-of-way and any other improvements conducted within the public right-of-way pursuant to MCRR 18.250. Applicant: we will comply with this condition. MCRR 16.200 General Variance Criteria: In order to be granted a variance, the applicant must demonstrate that: A. Special circumstances or conditions apply to the property or intended use that do not apply to other property in the same area. The circumstances or conditions may relate to the size, shape, natural features and topography of the property or the location or size of physical improvements on the site or the nature of the use compared to surrounding uses; Applicant: Due to site conditions and the configuration of the subject property and adjacent properties, the proposed dwelling is likely to be the last residence accessed by this section of SE Victory Road. This portion of SE Victory from SE 317th Avenue is 1,050 feet long and functions more as a private access drive than it does as a public road because of the limited number of homes currently served by this road (three existing residences) and the remoteness of this road as well as the fact that it is a dead end and has no through far. The road right-of-way also traverses both SEC-wr and SEC-h overlay areas and while the grade of this road, east to west is gradual, grades to the south of the road on the property and adjacent property to the east increase significantly from 12% up to 17%. Most of the other properties accessed by this road do not contain these same constraints of the significant slope that would be impacted for development. For these reasons the proposal complies with this criteria. The first two property’s and homes would not be required to develop a road through this SEC-WR zone with these high slope percentages to access their home site. This is why the subject property is unique. Secondary Access for Fire/Emergency Vehicle Turn-Around response: the special circumstances that apply to this project in relation to the secondary access and fire truck turn around is due to the fact that this development is proposed at the end of a rural dead end road and a fire apparatus turn around is required to be the responsibility of the applicant and their development. We are proposing this secondary access to be in an area where the clearances and accessibility is best utilized. No other location on the entire length of Victory Road is better for this access and turn around than where it is being proposed. Radiuses required in county code for this hammerhead turn around require the width at the property line to be 20ft for the safety of the fire apparatus’s turning radiuses. 10.4 Staff The environmental overlays are not considered sufficient grounds for seeking a variance from making improvements within the ROW. MCC 39.5510(A) Uses; SEC Permit Required specifically states “All uses allowed in the base zone are allowed in the SEC when found to satisfy the applicable approval criteria given in such zone and, except as provided in MCC 39.5515, subject to approval of an SEC permit pursuant to this Subpart.” Furthermore, if the overlays were the main reason for not making any improvements, the applicant could have sought to improve the parts of SE Victory Rd which were not covered by the SEC-wr overlay. The SEC-h overlay has been approved as proposed and does not seem to be an impediment. Consequently, the County does not consider the applicant has demonstrated sufficient circumstances that would prevent improvements, in whole, or in part, of SE Victory Rd to meet County standards. With respect to the applicant’s request for a variance from improving the road width and surface to County standards, criterion not met. With respect to the applicant’s request for a variance from MCRR 4.200 for a second access to accommodate a firetruck turnaround area, this criterion has been met.