Good news- Madrone- "conditional use" approved

[elaine]

The hearings officer approved Clackamas County to move forward and allow for a conditional use ( recreation) on a zoned timber site. This hearing happened on Oct 22nd and was another hurdle for the County to address before the Madrone could become a park.

 

The full details are below.

 

 

BEFORE THE LAND USE HEARINGS OFFICER

 

OF CLACKAMAS COUNTY, OREGON

 

Regarding an application by Clackamas County Parks ) F I N A L O R D E R

 

for a conditional use permit to establish a new County park ) Casefile No.

 

Hardscrabble Quarry / Madrone Wall Park in the Timber ) Z0522-09-C

 

Zone. ) (Clackamas County Parks)

 

A. SUMMARY

 

1. The applicant, Clackamas County Parks, requests approval of a conditional use permit to establish a new County park – Hardscrabble Quarry / Madrone Wall Park, on 43.99 acres in the Timber zone. The proposal includes parking spaces for 20 vehicles, bike parking, one vault toilet, trails for all levels of visitors from ADA to advance hikers, Madrone Wall for climbing, interpretive signs, trailhead kiosk and an improved overlook above Madrone Wall. The park will have operational hours from approximately 6 am to 9 pm, April through October and from approximately 6 am to 6 pm, November through March. The park will be open for day use only. Access to the property is from Hwy 224.

 

a. Clackamas County Parks initiated a public concept planning process for the Hardscrabble Quarry site in spring of 2008. Public involvement included 3 public workshops, meetings with the neighbors and additional interested parties, as well as an opportunity for public comment to the Parks Advisory Board. The process was completed in early 2009 with concept plan approval by the Clackamas County Board of County Commissioners. Components of the “Concept Site Plan for Madrone Wall” park include:

 

+ New 20-foot wide gravel driveway along existing roadbed.

+ Eight-foot wide gravel path to connect pedestrians to the Eastbound TriMet bus stop

+ New gate at entrance

+ Gravel parking for 20 vehicles in the existing clearing at the east end of the entry driveway

+ Passenger drop-off at northeast portion of the parking lot

+ One vault toilet building near the parking lot

+ Loop trails will be provided for a variety of skill levels and experiences. Beginners, intermediate, and advanced expert trails are shown on the Concept Plan (Exhibit 5). Trails will typically be 4-5 ‘ wide and soft-surface (dirt or there similar compacted surface)

+ South of the proposed park area, a new quarter-mile ADA accessible nature trail will {be developed} to teach site visitors about the unique ecosystem of the Madrone Wall site. The accessible trial will be of a firm and stable surface (e.g. permeable pavement or compacted sub-base with crusher fines)

+ Three types of signs will be utilized in the park: educational signs, interpretive signs, and an entry monument. A trailhead kiosk will feature information about the park and Clackamas County Parks

+ Bike parking

+ Stairs that provide advanced access to the top of the wall

+ An improved overlook above the wall.

+ It is estimated that approximately 50-100 people (including local seniors, children, families and employees/volunteers) will use the park over the course of a day.

 

* Park rangers from nearby Barton and Carver Parks will open and close the gate daily for use.

 

2. On October 22, 2009 hearings officer Kenneth Helm (the "hearings officer") conducted a public hearing to receive testimony and evidence about the application. County staff recommended approval of the application with 35 conditions of approval. Several parties testified in support of the application. There was no opposition testimony. There are no contested issues associated with this application. The applicant requested clarifying modifications to conditions 7, 13, 19 and 22.

 

B. HEARING AND RECORD HIGHLIGHTS

 

1. The hearings officer received testimony at the public hearing about this application on October 22, 2009. All exhibits and records of testimony are filed with the Planning Division, Clackamas County Department of Transportation and Development. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. The hearings officer stated that the only relevant criteria were those identified in the staff report, that participants should direct their comments to those criteria, and failure to raise all arguments may result in waiver of arguments at subsequent appeal forums. The following is a summary by the hearings officer of selected relevant testimony.

 

a. At the hearing, County planner Sandy Ingalls summarized the staff report and the history of the subject property. Staff recommended approval of the application.

 

b. The applicant made a short presentation and requested the following modifications to the conditions of approval:

 

“7. Park hours of operation shall be from no earlier than 6:0 a.m. to no later than 9:00 p.m. April – October and no earlier than 6:00 a.m. to no later than 6:00 p.m. November – March.”

 

“19. At the applicant’s discretion, a pedestrian path may be constructed along the site frontage of tax lot 3401. If built, the applicant shall design and construct improvements along the site frontage of tax lot 3401 consisting of an eight-foot wide paved pedestrian path with appropriate ADA accessible ramps at each end of the path transitioning either to Highway 224 or the site’s private road/driveway.”

 

c. The applicants also requested that the requirements for the shared private driveway identified in conditions 13 and 22 explicitly allow for a 16 foot wide one way road with 10’ x 30’ turnouts to allow cars to pass each other. This was agreed to by the Clackamas County Department of Transportation and Development.

 

2. No party requested that the record be left open and the record and hearing closed on October 22, 2009.

 

C. DISCUSSION

 

1. I find that the staff report identifies all of the applicable approval standards for the application and contains sufficient findings showing the application does or can comply with those standards subject to recommended conditions of approval. The hearings officer adopts the findings in the staff report as his own.

 

2. The Conceptual Site Plan for Madrone Wall, dated August 26, 2009 is incorporated into this decision by this reference. The site plan shall be used to assist the County in interpreting and applying the findings and conclusions of this decision, the staff report and conditions of approval.

 

3. I find that the applicant’s requested clarifications to the conditions of approval identified above are consistent with code requirements. With respect to the private drive or road identified in conditions 13 and 22, Robert Hixson of the Clackamas County Department of Transportation and Development agreed at the hearing that a 16 foot wide roadway would be sufficient to comply with county standards. These conditions should be interpreted to allow, among other potential configurations, for a 16 foot wide one way road with 10’ x 30’ turnouts.

 

4. Pursuant to the applicant’s request, the conditions of approval are modified as follows:

 

“7. Park hours of operation shall be from no earlier than 6:0 a.m. to no later than 9:00 p.m. April – October and no earlier than 6:00 a.m. to no later than 6:00 p.m. November – March.”

 

“19. At the applicant’s discretion, a pedestrian path may be constructed along the site frontage of tax lot 3401. If built, the applicant shall design and construct improvements along the site frontage of tax lot 3401 consisting of an eight-foot wide paved pedestrian path with appropriate ADA accessible ramps at each end of the path transitioning either to Highway 224 or the site’s private road/driveway.”

 

“13.a. The minimum width for the driving surface shall be 16 feet with two-foot wide shoulders, resulting in an overall width of 20 feet. Minimum vertical clearance shall be 13.5 feet for the full length of the private road/driveway.”

 

To condition 22 the following language shall be added: “This condition shall allow, at the applicant’s discretion, a 16 foot wide one way road surface with 10’ x 30’ turnouts to allow cars to pass each other consistent with Clackamas County Road Standards.”

 

D. CONCLUSION

 

Based on the above findings and discussion, the hearings officer concludes that conditional use application Z0522-09-C should be approved.

 

E. DECISION

 

Based on the findings, discussion and conclusions provided or incorporated herein and the public record in this case, the hearings officer hereby APPROVES Z0522-09-C subject to the following conditions of approval:

 

 

1. Approval is for the specific use identified in the application materials and on the submitted site plan to the extent they are consistent with the remaining conditions of approval.

2. All necessary development permits (septic, building, electrical, driveway, etc.) shall be obtained prior to any construction. All development shall comply with the development standards of the TBR district except as modified by the conditions herein.

3. Prior to any development or issuance of any development permits, the applicant shall submit a fire prevention plan in accordance with the policies Clackamas Community Wildfire Prevention Plan and the standards of ZDO Section 406.09. The plan shall be reviewed and approved by the Oregon Department of Forestry, Sandy/Boring Fire District and Clackamas County Planning Division. The plan shall address the requirements for open campfires, accumulation of dead fuels and fuel reduction, smoking and other applicable fire suppression techniques. This plan should also address any required signing or enforcement procedures necessary to carry out the plan. Signing shall be provided in the park to notify users of these requirements.