Planning and Development

Planning and Development Department 39250 Pioneer Blvd. * Sandy OR 97055 503-668-5533 * 503-668-8714 (Fax) CITY OF SANDT, OREGON

NOTICE OF LAND USE DECISION

NOTICE DATE: March 13, 2015 THIS NOTICE IS MAILED TO: Property Owners within 300 feet of the site, Interested Citizens, Agencies, and those previously commenting on this application.

FROM: City of Sandy Planning Department STAFF CONTACT: Kelly O'Neill Jr., Associate Planner, 503-489-2163 FILE NO.: 14-030 DR/AP Johnson RV Sales Lot Expansion EXPLANATION OF THE PROPOSAL: All County Surveyors and Planners, on behalf of Brad Picking submitted an application for Design Review to expand the existing Johnson RV sales lot by adding 101,957 square feet of paved surface. The proposal included additional landscaped areas, lighting, and construction of a stormwater detention pond. The applicant also submitted an application (File No. 14-031 MP) to partition the property into two lots: Parcel 1 to contain 3.23 acres is the subject property in this design review application.

Parcel 2 to contain 23.29 acres is the remainder of the property currently with tentative plat approval for the "Timber Valley" residential subdivision (File No. 07-025 SUB). The relevant conditions from the Timber Valley subdivision approval continue to apply to the current proposal.

On January 23, 2015, the Planning Department issued a Final Order with conditions approving the design review.

On February 4, 2015, within the 12 day appeal deadline, the applicant submitted a Notice oflntent to Appeal the application appealing the following conditions: • #1 -Construction of half-street improvements along Vista Loop Drive frontage; • #2 - Construction of half-street improvements along Highway 26 frontage; • #3 - Reconstruction of existing access driveway in compliance with city standards; • #4 - Paving employee parking located between the proposed expansion and the existing paved surface; • #5 - Construction of a curb to protect landscape areas adjacent to paved surfaces as required in Code Section 17.98.120; • #6 - Planting required 20 foot deep landscape buffer adjacent to Highway 26; and, • #7 - Installation of fiber conduit as required in Section 17.84.60.

EXPLANATION OF THE DECISION: Planning staff provided a staff report and PowerPoint presentation at the Planning Commission meeting on February 23, 2015 and each appeal item was discussed by the Planning Commission as detailed in the Findings of Fact and Final Order. For the reasons described in the Findings of Fact and Final Order, the request by All County Surveyors and Planners, on behalf of Brad Picking to expand the existing Johnson RV sales lot by adding 101,957 square feet of paved surface, additional landscaped areas, lighting, and construction of a stormwater detention pond is hereby approved as modified by the conditions as contained in the Findings of Fact and Final Order.

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APPLICANT: All County Surveyors and Planners OWNER: Brad Picking LEGAL DESCRIPTION: T2S R5E Section 19 Tax Lots 00200 DECISION PROCESS: This notice is to inform you that a decision has been issued on the above referenced land use file. This decision will not become final until 10 days following the date of the decision. Any person adversely affected or aggrieved by the decision, or any person entitled to notice of the decision may appeal the decision in a manner consistent with the city's land use procedures. An appeal of this decision cannot be made directly to the Land Use Board of Appeals. An appeal can be made to the City Council by filing an appeal, accompanied by an appeal fee, with the Planning Director within 10 days of notice of the decision.

FOR MORE INFORMATION: Additional information is available by contacting the staff contact listed above.

A copy of the final decision, summarizing the standards and facts that justified the decision is available for review at City Hall. In addition, all documents and evidence submitted with this application are also available for review. Copies may be reviewed at City Hall and additional copies are available at a reasonable cost.

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CITY OF

SANDY 39250 Pioneer Boulevard• Sandy, OR 97055

Phone 503-668-5533 Fax 503-668-8714 www.cityofsandy.com

Gateway to Mt. Hood

FINDINGS OF FACT and FINAL ORDER TYPE III LAND USE DECISION DATE: March 13, 2015 FILE NO.: 14-030 DR/AP PROJECT NAME: Johnson RV Sales Lot Expansion APPLICANT: All County Surveyors and Planners OWNER: Brad Picking LEGAL DESCRIPTION: T2S R5E Section 19 Tax Lots 00200 DECISION: Approved subject to conditions of approval The above-referenced proposal was originally reviewed and approved by staff as a Type II Design Review. The applicant appealed the approval to the Planning Commission. The Planning Commission modified staffs decision as described in this order. The following Findings of Fact are adopted supporting approval of the application in accordance with Chapter 17 of the Sandy Municipal Code.

EXHIBITS: Documents from original design review approval A. Land Use Application Form B. Supplemental Application C. Project Plan Set • Sheet 1: Site Plan/Landscape Plan • Sheet 2: Utility Plan • Sheet 3: Grading/Erosion Control Plan D. Narrative E. Stormwater Analysis F. Fire Department Sketch Map

Agency Comments G. H. I. J.

Don Patty, Fire Marshal with Sandy Fire District (December 30, 2014) Hassan Ibrahim, City Engineer (January 6, 2015) Mike Walker, Public Works Director (January 7, 2015) Seth Brumley, ODOT (January 13, 2015)

RECEIVED

MAR 1 9 2015 GARVEY SCHUBERT BARER

R:\P2K\Orders\2014\14-030 DR_AP Johnson RV Sales Lot Expansion Order.doc The City of Sandy is an equal opportunity employer and does not discriminate on the basis of race, religion, sex or handicapped status.

Public Comments None Applicant's submittals with appeal request K. Notice oflntent to Appeal Form L. Applicant's Narrative M. Letter from Garvey Schubert Barer (February 20, 2015) N. Letter from Lancaster Engineering (February 21, 2015) Staff submittals for appeal review 0. Staff Report (February 17, 2015) P. Findings of Fact and Final Order from Director approval (January 23, 2015) Q. Construction Detail Drawing No. 208B Staff submittals for appeal review at hearing R. PowerPoint presented at February 23, 2015 meeting FINDINGS OF FACT

General 1. These findings supplement and are in addition to the Director's Final Order dated January 23, 2015 and the Planning Commission staff report dated February 17, 2015. The February 17, 2015 staff report is incorporated herein by reference. Where there is a conflict between these findings and the staff report, these findings shall control.

2. The applicant submitted an application on December 11, 2014. Staff reviewed the application to determine compliance with submittal requirements and deemed the application incomplete on December 17, 2014. The applicant submitted additional materials as requested on December 22, 2014 and the application was therefore deemed complete on December 22, 2014.

3. The staff report and this final order are based upon the Exhibits listed above, as well as the testimony and discussion at the Planning Commission hearing held on February 23, 2015.

4. The subject property is located north of Highway 26, east of Vista Loop Drive, and west of Luzon Lane. The applicant proposes accessing the subject site from an internal connection from the existing facility. This facility is accessed from an existing driveway off Highway 26.

5. All County Surveyors and Planners, on behalf of Brad Picking submitted an application for Design Review to expand the existing Johnson RV sales lot by adding 101,957 square feet of paved surface. The proposal includes additional landscaped areas, lighting, and construction of a stormwater detention pond.

6. The applicant also submitted an application (File No. 14-031 MP) to partition the property into two lots: Parcel 1 to contain 3.23 acres is the subject property in this design review application. Parcel 2 to contain 23 .29 acres is the remainder of the property currently with R:\P2K\Orders\2014\14-030 DR_AP Johnson RV Sales Lot Expansion Order.doc

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tentative plat approval for the "Timber Valley" residential subdivision (File No. 07-025 SUB). The relevant conditions from the Timber Valley subdivision approval continue to apply to the current proposal.

7. On January 23, 2015, the Planning Department issued a Final Order with conditions approving a design review application by All County Surveyors on behalf of Brad Picking to construct an additional 101,957 square feet of paved surface for the sale of RVs. 8. On February 4, 2015, within the 12 day appeal deadline, the applicant submitted a Notice of Intent to Appeal application appealing several conditions: • # 1 - Construction of half-street improvements along Vista Loop Drive frontage; • #2 - Construction of half-street improvements along Highway 26 frontage; • #3 - Reconstruction of existing access driveway in compliance with city standards; • #4 - Paving employee parking located between the proposed expansion and the existing paved surface; • #5 - Construction of a curb to protect landscape areas adjacent to paved surfaces as required in Code Section 17.98.120; • #6 - Planting required 20 foot deep landscape buffer adjacent to Highway 26; and, • #7 -Installation of fiber conduit as required in Section 17.84.60.

9. Notification of the appeal hearing was mailed to property owners within 300 feet of the subject property and to affected agencies on February 5, 2015. A legal notice was published in the Sandy Post on Wednesday, February 11, 2015. No property owners within the notice area provided comment.

10. On February 23, 2015, the Planning Commission reviewed the application de novo consistent with ORS 227.175(10)(a)(D). A "de novo" hearing treats the application as new, allowing review of the entire application as if the application had not been previously reviewed by the Director and a decision had not been previously rendered.

11. The following individuals spoke at the February 23, 2015 public hearing: Applicant Representatives: • Carrie Richter, Garvey Schubert Barer, 121 SW Morrison Street, Portland, OR 97204 • Ray Moore, All County Surveyors and Planners Inc., 39660 Pleasant Avenue, Sandy, OR 97055 • Todd Mobley, Lancaster Engineering, 321 SW 4th Avenue, Suite 400, Portland, OR 97204 12. Planning staff provided a staff report and PowerPoint presentation at the meeting and each appeal item was discussed by the Planning Commission as detailed below.

13. Appeal #1 -The Commission reviewed the applicant's request to waive the Vista Loop frontage improvements. The Commission determined that these improvements are warranted given the size and location of the proposed development. The Commission relied on evidence submitted as part of the applicant's original plan showing the proposal to remove the west bound Highway 26 slip lane onto Vista Loop Drive and to construct a sidewalk R:\P2K\Orders\20!4\14-030 DR_AP Johnson RV Sales Lot Expansion Order.doc

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along the entire property frontage. In addition, the Commission considered the applicant's request to: (1) financially guarantee these improvements for a period not to exceed five years; and (2) tie the improvements to construction of the Timber Valley Subdivision. The Commission concluded this discussion by determining that completion of these improvements could be tied to the Timber Valley Subdivision but was not comfortable allowing deferral for a period of five years. In consideration of the written and oral arguments, the Planning Commission requires the applicant to complete half-street improvements along Vista Loop Drive frontage as part of the Timber Valley Subdivision but in any event within three (3) years from the date of this Final Order. The Planning Commission believes this gives the applicant sufficient flexibility to address various transportation issues with the state while also ensuring the Vista Loop frontage improvements will be installed no later than three years from the date of this Final Order, regardless of whether the Timber Valley Subdivision is completed. To guarantee completion of these improvements the Commission requires the applicant to submit a bond or other City approved financial guarantee equal to 110 percent of the estimated cost of constructing these improvements. In addition, the Planning Commission requires the applicant to submit a recordable instrument, in a form acceptable to the City, obligating the current and any future owner of the Timber Valley Subdivision to complete the Vista Loop Drive frontage improvements as part of construction of the subdivision improvements or otherwise within three (3) years.

14. Appeal #2 -The Commission also considered the applicant's request to also defer improvements along the Highway 26 frontage. For the reasons discussed in Finding #13 above, the Commission also allows the applicant to defer these improvements to be constructed as part of the Timber Valley Subdivision or within a period of three (3) years.

The Commission requires the applicant to submit a bond or other City approved financial guarantee equal to 110 percent the estimated cost of constructing these improvements. The Commission also requires the applicant to submit a recordable instrument, in a form acceptable to the City, obligating the current and any future owner of the Timber Valley Subdivision to complete the Highway 26 frontage improvements as part of construction of the subdivision improvements or otherwise within three (3) years.

15. Appeal #3 -The Commission considered the applicant's request to waive the condition to reconstruct the existing driveway access in accordance with City standards. For the reasons discussed in Finding #13 above, the Commission determined that reconstruction of the existing access driveway shall also be bonded or assured through another City approved financial guarantee equal to 110 percent the estimated cost of construction to be constructed as part of the Timber Valley Subdivision or, in any event, no later than three (3) years. The Commission also requires the applicant to submit a recordable instrument, in a form acceptable to the City, obligating the current and any future owner of the Timber Valley Subdivision to complete driveway improvements as part of construction of the subdivision improvements or otherwise within three (3) years. The Commission concluded this discussion by acknowledging that since the driveway lies within ODOT's jurisdiction, reconstruction of the approach shall be completed in compliance with ODOT standards rather than City standards as recommended by the City Engineer. As such, compliance with the City of Sandy Construction Detail Drawing No. 208B is not required.

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16. Appeal #4-The Planning Commission considered the applicant's request to waive the original condition requiring completion of parking between the existing Johnson RV sales site and the new site to City standards. The applicant argued they should not be required to improve parking on this site because it is owned separately from the proposed new site. The Commission concluded this discussion by requiring the applicant to provide parking in accordance with the standards in Chapter 17.98 and allowing the applicant to determine the location of this parking: on either the new site or the existing Johnson RV sales site. If the required parking is located on the existing site, the Commission requires this parking to be constructed in accordance with City standards. The Commission requires the applicant to submit a revised site plan detailing a minimum of four standard (9 feet wide by 18 feet in length) parking spaces reserved for employee and customer parking, or in the alternative to submit proof of a recorded shared use and maintenance agreement for parking facilities on the existing Johnson RV site. In addition to and independent from this parking requirement, and because the owner of the subject site does not own the existing Johnson RV site, the Commission also requires the applicant to submit proof of a recorded cross-over easement to allow vehicles to travel between the proposed sales site and the existing Johnson RV site.

17. Appeal #5 - The applicant's original appeal submittal requested the Planning Commission waive the requirement to construct a curb around the perimeter of the paved surface and near landscape areas. The applicant's additional submittal as part of the appeal indicated their willingness to construct a curb where parking is adjacent to landscaping and in areas necessitated by stormwater drainage. The applicant requested clarification that an "extruded" curb was an acceptable curb type in these areas. The Commission discussed the applicant's request and concluded that an extruded curb type was acceptable and clarified this in the Conditions of Approval.

18. Appeal #6 -The applicant originally requested a waiver to the condition to relocate landscaping along Highway 26 as required. The applicant proposed calculating required landscaping based on the entire site frontage for both Highway 26 and Vista Loop Drive.

The original Final Order calculated this requirement based only on Highway 26 frontage as specified in this code section. The Commission reviewed the applicant's request to provide more landscaping than is required but locate these materials along the Vista Loop Drive frontage rather than the Highway 26 frontage. The Commission discussed the intent of this requirement, concluding that because of the location of the site relative to both Highway 26 and Vista Loop Drive, providing the required landscaping along Vista Loop Drive meets the intent of this section. For this reason the Commission does not require the applicant to submit a revised design in this regard, but rather to submit detailed plans as shown on the design review approval with submittal of the building permit.

19. Appeal #7 -The applicant's original appeal submittal requested the Planning Commission tie the installation of fiber conduit as required in Section 17.84.60 to construction of frontage improvements. For the same reasons discussed in Finding #13 above, the Commission allows the applicant to defer these improvements to be constructed as part of the Timber Valley Subdivision or within a period of three (3) years. The Commission requires the applicant to submit a bond or other City approved financial guarantee equal to 110 percent of the estimated cost of construction for these improvements. The Commission also requires the applicant to submit a recordable instrument, in a form acceptable to the R:\P2K\Orders\2014\14-030 DR_AP Johnson RV Sales Lot Expansion Order.doc

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City, obligating the current owner and any future owner of the Timber Valley Subdivision to complete the fiber conduit improvements as part of construction of the subdivision improvements or otherwise within three (3) years.

20. For the reasons discussed in this Order, the Planning Commission approved the proposal with a vote of 5-0 subject to conditions of approval.

Chapter 17.44 - C-2, General Commercial 21. Section 17.44.10 lists recreational vehicle sales and rental as a permitted use. The proposed recreational vehicle sales lot expansion is a permitted use and is being proposed to increase sale revenue.

22. Section 17.44.30 (A) contains development standards for the C-2 General Commercial zoning district. The zoning district requires a minimum 10 foot front yard setback and a maximum 50 foot front yard setback and a minimum 15 foot setback on the comer. The proposal includes a 20 foot front yard setback to Highway 26Nista Loop Drive and a 15 foot side setback to the future street in compliance with these requirements.

23. Section 17.44.30 (B) contains special setbacks for developments abutting a residential zone.

The proposed development abuts property zoned Single Family Residential containing tentative plat approval for a residential subdivision. This section requires the same setback as required for the abutting district. The Single Family Residential zone requires a rear yard setback of 20 feet and the applicant proposes a 20 foot rear setback in compliance with this section.

24. The maximum allowed structure height is 45 feet to the average height of the highest gable.

No structures are proposed on the site. Development standards require a minimum of 20 percent landscaping and a maximum outside display/sales lot area of 80 percent of the site.

The applicant proposes landscaping 27.6 percent of the site including the proposed stormwater detention pond.

Chapter 17.80 - Additional Setbacks on Collector and Arterial Streets 25. Chapter 17.80 requires that properties abutting an arterial or collector street provide a minimum 20 foot setback from the property line abutting the street. Highway 26 is classified as a major arterial and Vista Loop Drive is classified as a collector. The applicant proposes a 20 foot setback from both street right-of-ways to the paved surface of the proposed sales lot.

Chapter 17.84 - Improvements Required With Development 26. Section 17.84.20 requires that all public and franchise utility improvements be installed or financially guaranteed in accordance with the provisions of Chapter 17 prior to temporary or final occupancy.

27. The applicant's submittal indicates they intend to eliminate the west bound slip lane that currently exists from Highway 26 onto Vista Loop Drive. This improvement was identified as one of the required conditions for the Timber Valley subdivision approval (File No. 07-

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025). The applicant shall coordinate the slip lane removal with the ODOT Access Coordinator and the City Engineer.

28. Pedestrian and bicycle facilities are required by Section 17.84.30 for all arterial, collector, and local streets. The site has frontage on Highway 26 (arterial), Vista Loop Drive (collector), and the future right-of-way for the Timber Valley subdivision (local street).

Improvements to Highway 26 are the jurisdiction of ODOT while improvements to Vista Loop and the local street are the City's jurisdiction. Currently, none of the adjacent right-ofways are improved to ODOT or city standards including sidewalks and street trees. Section 17.84.30(2) requires six foot sidewalks along arterial and collector streets. The city received comments from ODOT (Exhibit J) recommending curb, sidewalk, bikeway, and road widening improvements consistent with the TSP. The City's Transportation System Plan, for the portion of the frontage adjacent to Highway 26 (Figures 6-8) show the sidewalk located closer to the travel lanes with street trees behind the sidewalk. As shown on Sheet 1 of the submittal, the applicant proposes installing trees (Autumn Blaze Maples) on private property behind the sidewalk on Highway 26. As shown in the TSP, these improvements are required within the public right-of-way. The applicant shall submit revised Highway 26 frontage improvements in conformance with ODOT standards. In addition, the applicant shall obtain an ODOT Miscellaneous Permit prior to constructing improvements within the highway right-of-way. For the Vista Loop Drive frontage which is under City jurisdiction, the applicant also proposes a setback sidewalk and a dense planting to include a combination of trees and shrubs behind the sidewalk. The TSP (Figure 10) includes a construction crosssection for collector streets to include an 11 foot travel lane, five foot bike lane, eight foot parking, five foot planter, and six foot sidewalk. The applicant shall submit a revised design for improvements to Vista Loop in accordance with these standards as approved by the City Engineer and Public Works Director. Since the road right-of-way has not been dedicated yet, the applicant does not propose half-street improvements for the future local street adjacent to the site that will eventually serve the Timber Valley Subdivision.

29. Neither Highway 26 nor Vista Loop Drive currently contains bike lanes. The Transportation System Plan (Figure 4) identifies bike lanes along Highway 26 but not along Vista Loop Drive. The applicant shall submit revised Highway 26 frontage improvements in conformance with the TSP and ODOT standards. In addition, the applicant shall obtain an ODOT Miscellaneous Permit for all work within the highway right-of-way.

30. Section 17.84.40 requires development sites located along existing or planned transit routes to incorporate bus pull-outs and/or shelters into the site design. Sandy Area Metro (SAM) does not have bus stops adjacent to the proposed development site. No transit amenities are needed with proposed development of the subject site.

31. Section 17 .84.50(D) requires completion of half-street improvements to unimproved frontages. As noted above, road frontages include both Highway 26 and Vista Loop Drive are not developed in accordance with City and ODOT standards. The applicant shall submit revised plans to include half-street improvements along Highway 26 (detailed in the TSP) as required by ODOT and along Vista Loop Drive as required by the City.

The Commission determined the construction of half-street improvements along Vista R:\P2K\Orders\20!4\14-030 DR_AP Johnson RV Sales Lot Expansion Order.doc

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Loop Drive and Highway 26 frontage shall be bonded or assured through a City approved financial guarantee equal to 110 percent the cost of construction to be constructed as part of the Timber Valley Subdivision or, in any event, no later than three (3) years. The applicant shall submit for City approval an instrument binding the current and any future owner of the Timber Valley Subdivision to complete improvements to Vista Loop Drive and Highway 26 as part of the subdivision's construction or within three (3) years of the date of this order. Once the City approves the instrument, the applicant shall record it with Clackamas County at its sole cost and provide evidence of its recording to the City.

32. Development sites are required to be provided with access from a public street improved to City standards. The subject site is proposed to take access through the existing Johnson RV site that is to the east. This proposal does not include the installation of a new driveway. The Planning Commission requires the applicant to replace the asphalt approach currently installed in accordance with ODOT's standards and any conditions ODOT may impose upon the replacement of the approach.

33. Section 17.84.60 requires all development sites to be provided with public water, sanitary sewer, and storm drainage. The applicant proposes installing a total of 11 water spigots distributed around the perimeter of the property and within the proposed planter islands on the site. Presumably the spigots are provided to provide water for landscaping and will also be used to wash stored RV's. Although an existing water line is currently located along the front of the site the applicant does not identity how these spigots will be connected to water service. The applicant shall submit a modified utility plan detailing the location of water lines connected to the proposed spigots. No sanitary sewer service is proposed. The subject site already includes a 12 inch storm line extending from the existing Johnson RV site to a wetland north of the subject development site. The submitted plan includes a combination of stormwater lines, swales, and a detention pond to detain and treat the stormwater from all proposed impervious surfaces. As required by the City Engineer (Exhibit H) and Public Works Director (Exhibit I) the applicant shall submit a final drainage report verifying the proposed detention pond and treatment swale conform to the City of Portland SWMM requirements for maximum slope, setbacks, fencing, and maintenance access. The applicant shall obtain an ODOT Drainage Permit for connection to State highway drainage facilities.

34. The City of Sandy requires developers to install conduit for SandyNet fiber in conjunction with development sites. The Commission determined installation of fiber conduit as required in Section 17.84.60 shall be bonded or assured through a City approved financial guarantee equal to 110 percent of the estimated cost of construction to be constructed as part of the Timber Valley Subdivision or, in any event, no later than three (3) years. The applicant shall also submit for City approval an instrument binding the current and any future owner of the Timber Valley Subdivision to complete the installation of the fiber conduit as part of the subdivision's construction or within three (3) years of the date of this order. Once the City approves the instrument, the applicant shall record it with Clackamas County at its sole cost and provide evidence of its recording to the City.

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35. The submitted site plan does not detail fire hydrant locations. The Fire Marshal (Exhibit G) stated that the location and water flow requirements for fire hydrants shall adhere to the Oregon Fire Code, Appendix C. The applicant shall submit a revised utility plan detailing the location of fire hydrants as required by the Fire Marshal.

Chapter 17.90 - Design Standards 36. Chapter 17.90 contains design standards for buildings and sites. No structures are being proposed in conjunction with this paving improvement proposal which means that most design standards in regards to building design are not being evaluated. This land use application is being processed as a Type II Design Review. The applicant has met all of the submission requirements as required by Section 17.90.100.

37. Section 17.90.120 requires parcels abutting Highway 26 to provide a landscape buffer comprising not less than 30 percent of the highway frontage to a depth of not less than 20 feet. This section contains a list ofrequired plants within this area. The area shall include a mix of deciduous and evergreen species of a sufficient quantity to provide a partial buffer within two years from the date they are planted. The subject property contains 169 feet of frontage along Highway 26 and a total of 554 feet of property frontage. The Commission discussed the applicant's proposal to calculate the required landscape buffer based on the entire frontage and to install the required landscape materials on the Vista Loop Drive frontage rather than Highway 26. As detailed in Finding #18 above, the Commission agrees with the applicant that the proposal generally conforms to the intent of this section and approves the request as submitted.

Chapter 17.92 - Landscaping And Screening 38. Chapter 17.92 contains standards for landscaping and screening. Section 17.92.20 requires that property zoned General Commercial shall have at least 20 percent of the site landscaped. The submitted site plan shows that all areas between the street right-of-ways and the proposed paved surface will be landscaped. The submitted landscape plan indicates that after the site modifications the site will retain 38,903 square feet oflandscaping which is 27.6 percent of the site.

39. Sheet 1 of the submittal shows a line between the proposed asphalt and the proposed landscape area but does specify if a curb is proposed or not. In order to protect landscape materials from potential damage by vehicles and to limit soil and bark mulch from encroaching on impervious asphalt areas, a curb is required between parking and maneuvering areas and landscape beds. The applicant shall submit a revised landscape plan detailing that all landscape areas adjacent to the new paved surface are protected by a curb. The Commission requires the applicant to construct an extruded curb to protect landscape areas adjacent to paved surfaces as required in Code Section 17.98.120. The curb can be extruded as requested by the applicant.

40. Section 17.92.30 specifies required tree plantings including that all parking lots with four or more parking spaces, and all public street frontages shall include trees. The submitted landscape plan includes a mix of evergreen and deciduous species around the perimeter of the site and within the site in landscape islands. Trees are also required within right-of-ways R:\P2K\Orders\20!4\14-030 DR_AP Johnson RV Sales Lot Expansion Order.doc

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adjacent to new site development. The applicant shall submit a revised landscape plan specifying street trees in the Vista Loop Drive and Highway 26 right-of-ways. The applicant shall submit an ODOT Permit to place trees within the highway right-ofway. Tree spacing and design in the ODOT right-of-way shall be consistent with the Highway Design Manual or ODOT must approve a design exception.

41. In comparing the submitted Landscape Plan (Sheet 1) with the Preliminary Utility Plan (Sheet 2) a number of conflicts arise between proposed landscape materials identified on the Landscape Plan and proposed street lights, power outlets, and water spigots shown on the utility plan. The applicant shall submit a revised utility plan that moves utility features based on conflicts with proposed landscaping.

42. Section 17.92.40 specifies that all landscaping shall be irrigated to sustain viable plant life.

The landscape area will require installation of an irrigation system. The applicant shall submit an irrigation plan detailing the landscape irrigation method.

43. Section 17.92.50 specifies the types and sizes of plant materials for landscaping areas. The submitted landscape plan includes five gallon Rhododendrons, and one gallon Red Flowering Currants, Serviceberries, and Vine Maples. The landscape plan also includes ground cover, such as kinnikinnick, salal, low Oregon grape, coastal strawberry, or rock rose. The submitted landscape plan does not detail landscaping in the landscape beds within the sale lot, adjacent to the proposed detention pond, or in the area adjacent to the driveway.

The applicant shall submit a revised landscape plan detailing plantings in the landscape beds within the sales lot, adjacent to the proposed detention pond, and in the area adjacent to the Highway 26 driveway.

44. Section 17.92.80 requires buffer plantings to lessen the impact of parking areas with four or more parking spaces. The applicant is proposing a 20 foot landscape buffer along Vista Loop Drive and a portion of the future street accessing Timber Valley. There is a portion of the landscape buffer along the future street accessing Timber Valley that is only proposed at 15 feet in depth.

Chapter 17.98 - Parking, Loading, and Access Requirements 45. Section 17.98.20 specifies off-street parking requirements based on use, gross square feet, and number of employees. The adjacent Johnson RV site currently provides parking for employees and customers. The Commission requires the applicant to submit a revised site plan detailing a minimum of four standard (9 feet wide by 18 feet in length) parking spaces reserved for employee and customer parking, or submit proof of a recorded shared use and maintenance agreement for parking facilities on the existing Johnson RV site. The applicant shall also submit proof of a recorded cross-over easement to allow vehicles to travel between the proposed sales site and the existing Johnson RV site.

46. During two site visits (September 29, 2014 and February 23, 2015), staff noted that a number of employee vehicles are parked on the gravel surface at the west edge of the current

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facility along the common property line that is shared by the subject lot and the existing Johnson RV sales lot to the east. All parking shall be constructed to City standards.

47. Section 17.98.50 species that parking areas abutting a residential zoning district shall meet the setback of the most restricting adjoining residential zoning district. The subject property abuts a residential zone to the north and northeast. The applicant proposes a 15 foot landscaped setback to the north and a 20 foot landscaped setback to the east in compliance with this standard.

48. Section 17.98.60(A.) specifies that all areas for required parking and maneuvering of vehicles shall have a durable hard surface such as concrete or asphalt. The proposal includes the paving of 101,957 square feet of paved surface, primarily consisting of asphalt surface.

49. Section 17.98.60(B.) specifies the dimensions of parking spaces. The proposal does not include parking for employees or customers, but only for sale area for recreational vehicles.

The display spaces are proposed to be 40 feet in depth and an unspecified width. The spaces are not proposed to be marked.

50. Section 17.98.60(C.) specifies the maneuvering aisle width behind parking spaces. The aisle width for all maneuvering areas behind the display area is proposed at least 30 feet in width in conformance with these standards.

51. Section 17. 98 .80 contains location and design requirements for access to arterial and collector streets. No new access is requested. Since all access is from the existing Johnson RV site the Sandy Fire District required additional fire apparatus turnaround. As detailed on the fire department sketch map (Exhibit F) the north end of the access aisles shall be linked to provide fire apparatus turnaround. The applicant shall submit a revised site plan detailing the fire apparatus turnaround area to meet the fire department requirements for turning radius. The approved fire apparatus turnaround area shall be striped no parking and shall be maintained free of vehicles and obstructions.

52. Section 17.98.100 contains requirements for driveways. This proposal does not include the installation of a new driveway. The subject site is proposed to take access through the existing Johnson RV site that is to the east. The existing western driveway approach for Johnson RV is located on the subject property and is an asphalt approach. The City Engineer (Exhibit H) recommended the existing driveway approach on the subject property be reconstructed using concrete. The rationale for reconstructing the driveway is to distinguish a private driveway from a street intersection and to provide a continuous accessible sidewalk across the driveway approach. The Commission determined the reconstruction of the existing access driveway shall be bonded or assured through a City approved financial guarantee equal to 110 percent of the estimated cost of construction to be constructed as part of the Timber Valley Subdivision or, in any event, no later than three (3) years. The applicant shall submit for City approval an instrument binding the current and any future owner of the Timber Valley Subdivision to complete the installation of a new driveway access as part of the subdivision's construction or within three (3) years of the date of this order. Once the City approves the instrument, the applicant shall record it with Clackamas County at its sole cost and R:\P2K\Orders\2014\14-030 DR_AP Johnson RV Sales Lot Expansion Order.doc

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provide evidence of its recording to the City. The driveway shall be constructed in compliance with ODOT standards and any conditions ODOT may place on the driveway.

53. Section 17.98.120 requires parking areas containing 4 or more spaces to be screened by a five foot deep landscaped buffer. The applicant proposes a landscape buffer around the perimeter of the site. This section also requires parking in a commercial or industrial district adjoining a residential zone to provide a sight-obscuring screen that is at least 80% opaque within three years. As noted above, the site abuts a residential zone on its northern and northeastern borders. The applicant proposes a screen of evergreen trees planted 15 feet on center within the 20 foot setback. The plans detail that a majority of the site except for approximately 90 feet along this line where deciduous trees are proposed. The area proposed for deciduous trees is also proposed to have a 10 foot grassy swale. Since deciduous trees have a different growth habit than evergreen trees and they lose their leaves in the fall, these trees are not suitable for screening purposes. In order to comply with this screening requirement, the applicant shall submit a revised landscape plan featuring evergreen species along this entire border with the residential zone.

54. Section 17.98.130 specifies that parking areas, driveways, aisles and turnarounds shall be paved with concrete, asphalt or comparable surfacing, constructed to city standards for offstreet vehicle areas. The applicant proposes paving the parking area using asphalt. During a site visit (September 29, 2014), staff noted that a number of employee vehicles are parked on gravel surface rather than the required paved surface along the common property line of the subject lot and the existing Johnson RV sales lot to the east.

55. Section 17.98.140 contains standards for drainage of parking areas, aisles, and turnarounds.

The project was reviewed by the City Engineer (Exhibit H) and was determined that additional drainage analysis is not required. The City Engineer recommends the following conditions: a. The design engineer shall submit a final drainage report meeting the water quality and quantity requirements as stated in the City of Sandy Development Code (SDC) 13.18 Standards and the current City of Portland Stormwater Management Manual (SWMM) Standards that were adopted by reference into the Sandy Development Code.

56. Section 17 .98.150 contains requirements for lighting of off-street parking areas. The submitted Preliminary Utility Plan identifies proposed street lights within two planter islands and along the northern perimeter of the parking lot. To ensure compliance with Chapter 15.30, Dark Sky Ordinance, the applicant shall submit lighting cut sheets for the proposed fixtures and a photometric analysis.

Chapter 15.30 - Dark Sky Ordinance 57. Chapter 15.30 contains the City of Sandy's Dark Sky Ordinance. The applicant did not submit a photometric plan that details lighting projections, but details at least seven light fixtures on the submitted utility plan. For this reason the applicant shall submit lighting fixture cut sheets and a photometric plan identifying light levels 10 feet beyond the R:\P2K\Orders\2014\14-030 DR_AP Johnson RV Sales Lot Expansion Order.doc

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property boundary and these levels shall not project more than 0.25 foot candles greater than 10 feet from the property boundaries in compliance with this chapter.

DECISION For the reasons described above, the request by All County Surveyors and Planners, on behalf of Brad Picking to expand the existing Johnson RV sales lot by adding 101,957 square feet of paved surface, additional landscaped areas, lighting, and construction of a stormwater detention pond is hereby approved as modified by the conditions listed below.

CONDITIONS OF APPROVAL

A. Prior to construction or issuance of a building permit, the applicant shall complete the following and receive necessary approvals as described below.

1. Submit a building permit application and construction plans as specified below: a. Submit a revised site plan to include the following modifications: • Detail half-street improvements on Vista Loop Drive to include 11-foot travel lane, 6-foot bike lane, 6-inch curb, minimum 7-foot planter strip, and a 5-foot sidewalk.

• Detail half-street improvements on Highway 26 in conformance with ODOT standards.

• Detail the reconstruction of the existing driveway in accordance with ODOT standards.

• Detail a fire apparatus turnaround area in compliance with fire department requirements for turning radius.

• Identify a minimum of four (4) paved automobile parking spaces in compliance with City standards either within the proposed expansion site or on the existing Johnson RV site.

• Specify an extruded curb in all areas where parking is adjacent to landscaping and as required for managing stormwater drainage. b. Submit a landscape plan to include the following modifications: • Specify evergreen trees along the entirety of the property frontage adjacent to the future street accessing Timber Valley. Trees in this area shall include a mix of Leyland Cypress and Douglas fir a minimum size of 8 - 10 feet.

• Detail street trees within the Vista Loop Drive and Highway 26 right-of-ways.

• Detail plantings in the landscape beds within the sales lot, adjacent to the proposed detention pond, and in the area adjacent to the Highway 26 driveway.

• Specify an extruded curb in all landscape areas adjacent to pavement.

• Specify an irrigation plan for the landscaped areas. c. Submit a revised utility plan to include the following modifications: • Detail the location of fire hydrants as required by the Fire Marshall.

• Detail the location of water lines connected to the proposed spigots.

• Move utility features based on conflicts with proposed landscaping.

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d. Submit lighting fixture cut sheets and a photometric plan to ensure that lighting does not project more than 0.25 foot candles greater than 10 feet from the property boundaries in compliance with Chapter 15.30.

2. Submit a final drainage report meeting the water quality and quantity requirements as stated in the City of Sandy Development Code (SDC) 13 .18 Standards and the current City of Portland Stormwater Management Manual (SWMM) Standards that were adopted by reference into the Sandy Development Code.

3. Coordinate removal of the slip lane with the ODOT Access Coordinator and the City Engineer.

4. Obtain an ODOT Miscellaneous Permit for all work within the highway right-of-way.

5. Obtain an ODOT Permit to place street trees within the State of Oregon highway rightof-way.

6. Obtain an ODOT Drainage Permit for connection to State highway drainage facilities.

B. Prior to final building permit approval, occupancy of the site, or use of the property for its intended purpose, the applicant shall complete the following: 1. Submit a bond or other City approved financial guarantee equal to 110 percent of the cost of half-street improvements along Vista Loop Drive and Highway 26, reconstruction of the existing driveway in accordance with ODOT standards, and installation of fiber conduit to be constructed as part of the Timber Valley Subdivision or, in any event, no later than three (3) years from the date of this approval.

2. Complete all paving, striping, curbing, lighting, landscaping, and irrigation as identified on approved plans.

3. Submit proof of a recorded instrument obligating the current and any future owner of the Timber Valley Subdivision to complete frontage improvements along Vista Loop Drive and Highway 26, reconstruct the existing access per ODOT standards, and install fiber optic conduit along the entire site frontage as part of the Timber Valley Subdivision or, in any event, no later than three (3) years from the date of this approval.

4. Submit proof of a recorded cross-over easement between the subject property and the property to the east (existing Johnson RV site).

C. General Conditions of Approval 1. Design review approval shall be void after two (2) years from the date of the Final Order, unless the applicant has submitted plans for building permit approval.

2. All parking shall be constructed to City standards.

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3. The property owner shall be responsible for on-going maintenance oflandscaping for at least two years in compliance with Section 17.92.140.

4. The approved fire apparatus turnaround area shall be striped no parking and shall be maintained free of vehicles and obstructions.

5. No trees shall be placed in the grassy swales that collect stormwater.

6. Successors-in-interest of the applicant shall comply with site development requirements prior to issuance of permits.

7. Land use approval does not connote approval of public improvement plans submitted with the land use application. Plan details shall be reviewed during the construction plan submittal phase.

8. Approval of this use may be revoked if conditions of approval are not met. Approval does not grant authority for the unrestricted use of the site. Any use of the site may be prohibited until such time as all required improvements are completed.

9. Any conditions or regulations required by Clackamas County, Fire District No. 72, or state or federal agencies are hereby made a part of this permit and any violation of these conditions and/or regulations or conditions of this approval will result in the review of this permit and/or revocation.

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RIGHT OF APPEAL A decision on a land use proposal or permit may be appealed to the City Council by an affected party by filing an appeal with the Director within 10 calendar days of notice of the decision. Any person interested in filing an appeal should contact the city to obtain the form, "Notice ofAppeal'', and Chapter 17 .28 of the Sandy Development Code regulating appeals. All applications for an appeal shall indicate the nature of the interpretation that is being appealed and the matter at issue will be a determination of the appropriateness of the interpretation of the requirements of the Code.

An application for an appeal shall contain: 1. An identification of the decision sought to be reviewed, including the date of the decision; 2. A statement of the interest of the person seeking review and that he/she was a party to the initial proceedings; 3. The specific grounds relied upon for review; 4. If de novo review or review by additional testimony and other evidence is requested, a statement relating the request to the factors listed in Chapter 17.28.50; and Payment ofrequired filing fees.

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