attachment d staff report · 2018. 3. 15. · attachment d – staff report attachment d – staff...

ATTACHMENT D – STAFF REPORT

Attachment D – Staff Report of 10 921-PLAEXP-18-01-0001 (The Nature Conservancy)

File Number: 921-PLAEXP-18-01-0001 Applicant: The Nature Conservancy Owners: The Nature Conservancy

State Highway Commission Request: Expedited Review to replace six existing trail signs at Rowena Viewpoint and

along the Tom McCall trail: two 3’6”T x 6”W trail etiquette signs, two 2.5’ x 3.5’ signs on a 4’1.25”T post, one 1’5” x 3’2” trail monument sign on an 11’T post, and one 3’6”T x 6”W trail warning sign.

Decision: Approved with Conditions Decision Date: March 15, 2018 Appeal Deadline: March 27, 2018 Location: Five of the replacement signs are located east and west of Highway 30 West at

Rowena Viewpoint/Tom McCall Preserve, and one is located approximately 0.4 mile south of Rowena Viewpoint along the Tom McCall trail leading to Tom McCall Point. These sites are located approximately 1.1 mile west of the community of Rowena, OR, more specifically described as: Map/Tax Lot Acct. # Acres

2N 12E 0 100 13733 224.05 2N 12E 10 100 768 196.36 Zoning: Rowena Viewpoint is located in the Public Recreation Zone in the Special

Management Area of the Columbia River Gorge National Scenic Area. The remainder of the property is located in the Open Space Zone, in the Special Management Area of the Columbia River Gorge National Scenic Area

Past Actions: 2N 12E 0 100: PLAEXP-17-11-0002, road right-of-way improvements (rockfall); SAR-04-104/LPD-04-114/CUP-04-123, restoration of 3 acre gravel pit

2N 12E 10 100: PLAEXT-17-01-0001, Extension of Time request; PLASAR-14-01-0004, trail repair/relocation; EXP-07-103, signs

Procedure Type: Administrative Prepared By: Dawn Baird, Associate Planner


I. APPLICABLE STANDARDS

Wasco County National Scenic Area Land Use & Development Ordinance (NSALUDO)

A. Chapter 3 – Basic Provisions

Section 3.110, Expedited Review Section 3.110.A.8., Uses Permitted Subject to Expedited Review – Signs Section 3.110.B., Expedited Development Review Process

B. Chapter 11 – Fire Safety Standards

Section 11.120, Defensible Space Section 11.130, Construction Standards for Dwellings and Structures Section 11.140, Access Standards

C. Chapter 23 – Signs

Section 23.030, Signs – Special Management Area I. BACKGROUND

A. Legal Parcel: 1. 2N 12E 0 100: The subject parcel was created by Warranty Deed Book 144, Page 688,

recorded with the Wasco County Clerk on December 11, 1961. This parcel is consistent with the Definition of Legal Parcel in LUDO Chapter 1, Section 1.090, because it was created by Contract prior to September 4, 1974.

2. 2N 12E 10 100: The subject parcel was created by Minor Partition 81-101, recorded with the Wasco County Clerk on January 13, 1981. This parcel is consistent with the Definition of Legal Parcel in LUDO Chapter 1, Section 1.090, because it was created by a duly recorded partition.

B. Site Description: Five replacement signs are located on property owned by the State Highway

Commission (Oregon Department of Transportation) at an elevation of approximately 680’ above sea level (ASL). Four of the replacement signs on State-owned property are located on nearly level ground, while one is located on southeast-facing slopes averaging 65%. One replacement sign is located on property owned by The Nature Conservancy at an elevation of approximately 840’ ASL. This sign is located on northeast-facing slopes averaging 50%. Neither property contains any buildings but contain viewing areas (Rowena Viewpoint, Rowena Plateau/Preserve, Tom McCall Point) and trails located west of Highway 30 W and south of Rowena Viewpoint along the trail to Tom McCall Point. Land west of Highway 30 W adjacent to Rowena Viewpoint is level with open meadows that drop steeply down to the west and north. Highway 30 W surrounds Rowena Viewpoint and slopes are exceptionally steep (70+%) to the north and east. South of Rowena Viewpoint the land slopes upward along the Tom McCall trail. Ground cover in this area is natural grass with areas of oak woodlands.

C. Surrounding Land Use: Properties located north, south, and west of the subject parcels are in the Special Management Area and are zoned Open Space and Agriculture. Properties located north of the subject parcels contain a variety of steep slopes with scattered groves of Oregon


white oak and Ponderosa pine trees mixed in with meadow areas. There are also a few vernal pools in this area. Steep slopes down to the west end at Rowena Creek which flows south to north ending at the Columbia River. Slightly farther to the west is Rowena Dell, a residential subdivision. Property south of the subject parcels contains steep slopes in excess of 60% and is generally covered with Oregon white oak and Ponderosa pine trees. Property located east of the State-owned property lies in the community of Rowena and is zoned R-R (5), Rural Residential in the General Management Area. Properties in this area contain single family dwellings and detached accessory buildings and are generally well wooded with Oregon white oak and Ponderosa pine trees.

II. FINDINGS:

Wasco County National Scenic Area Land Use & Development Ordinance (NSALUDO)

A. Chapter 3 – Basic Provisions, Section 3.110 - Expedited Review A. Uses Permitted Subject to Expedited Review

The following developments may be allowed on a legal parcel subject to the expedited development review process listed in Chapter 2, provided they comply with the resource protection and procedural guidelines listed below.

FINDING: 2N 12E 0 100 was created by Warranty Deed Book 144, Page 688, recorded with the Wasco County Clerk on December 11, 1961. This parcel is consistent with the Definition of Legal Parcel in LUDO Chapter 1, Section 1.090, because it was created by Contract prior to September 4, 1974.

2N 12E 10 100 was created by Minor Partition 81-101, recorded with the Wasco County Clerk on January 13, 1981. This parcel is consistent with the Definition of Legal Parcel in LUDO Chapter 1, Section 1.090, because it was created by a duly recorded partition. Staff finds that both parcels are legal parcels and consistent with Criterion A.

8. Signs, other than those allowed outright subject to the provisions of Chapter 23. FINDING: The proposed signs are not listed as outright permitted uses therefore they are being reviewed according to the Expedited Review process in conjunction with Chapter 23.

B. Expedited Development Review Process Proposed developments reviewed using the expedited review process shall comply with the following resource protection guidelines:

1. Scenic

a. In the General Management Area, the scenic resource protection guidelines shall not

apply to woven-wire fences for agricultural use that would enclose 80 acres or less. FINDING: The subject parcel is located in the Special Management Area therefore Criterion a. is not applicable to this request.

b. Except signs, the colors of structures topographically visible from key viewing areas shall be dark earth-tones found at the specific site or the surrounding landscape. The


specific colors or list of acceptable colors shall be included as a condition of approval. This guideline shall not apply to additions, which may match the color of existing buildings.

FINDING: The request is to replace six existing signs with new signs. Criterion b. exempts signs therefore staff finds that Criterion b. is not applicable to this request.

c. Except signs, structures topographically visible from key viewing areas shall use low or non-reflective building materials, including roofing, gutters, vents, and chimneys.

FINDING: The request is to replace six existing signs with new signs. Criterion c. exempts signs therefore staff finds that Criterion c. is not applicable to this request.

d. Outdoor lights shall be directed downward and sited, hooded, and shielded such that they are not highly visible from key viewing areas. Shielding and hooding materials shall be composed of non-reflective, opaque materials.

FINDING: The owners do not propose any new outdoor lighting, however they should be aware of the requirements for outdoor lighting and the need to hood and shield outdoor lighting so that it is directed onto the subject parcel. A condition of approval is included in the Notice of Decision requiring any future outdoor lighting to be directed downward, sited, limited in intensity, shielded and hooded in a manner that prevents the lighting from projecting onto adjacent properties, roadways, and the Columbia River as well as preventing the lighting from being highly visible from Key Viewing Areas and from noticeably contrasting with the surrounding landscape setting. Shielding and hooding materials shall be composed of nonreflective opaque materials. There shall be no visual pollution due to the siting or brilliance, nor shall it constitute a hazard for traffic. With this condition of approval, staff finds that the request complies with Criterion F.

e. Structures within ½-mile of a key viewing area and topographically visible from the key viewing area shall be sited, screened and/or designed to achieve the applicable scenic standard (e.g., visual subordinance, not visually evident).

FINDING: The subject parcels are located in the Special Management Area and are visible from 7 KVAs: Rowena, Interstate 84, and Highway 30 in Oregon; County Road 1230, SR 142, and SR 14 in Washington; and the Columbia River. The applicable scenic standard for all new development in this location is “not visually evident.” Three of the replacement signs are located west of Highway 30 and are located within 30’ of the road. Two of the signs are located south of Rowena Viewpoint at the beginning (northern portion) of the trail to Tom McCall Point. The remaining sign is located approximately 0.4 mile south of the Viewpoint along the trail. All signs were previously placed in 2007. Four of the signs are visible from Highway 30 but are not visually evident because of the use of dark earthtone colors and nonreflective materials. The two signs located along the Tom McCall Trail are visible from the trail but blend in due to colors and materials used. With conditions of approval relating to color and reflectivity, staff finds that the proposed development is not visually evident as seen from all KVAs.

2. Cultural


a. The expedited development review process shall only be used to review proposed development that does not require a reconnaissance survey or historic survey. The cultural resources in Section 14.500 shall be used to determine if a reconnaissance and/or historic survey is required for a proposed development.

FINDING: Section 14.500 – Cultural Resources (GMA Only), subsection B.1.a. documents uses that do not require a cultural resource reconnaissance and historic survey. This list includes “the modification, expansion, replacement, or reconstruction of existing buildings and structures.” The request is to allow replacement of six existing trail signs (etiquette, monument, trailhead and directional) in the same location. Staff finds that no cultural resource reconnaissance and survey are required, and the request complies with Criterion a.

b. The requirements of 14.500(G), “Cultural Resources Discovered After Construction Begins”, shall be applied as conditions of approval for all development approved under the expedited development review process.

FINDING: Section 14.500.G. explains the process to follow if cultural resources are found during development. If cultural resources are found during construction, all construction within 100’ of the discovered cultural resource shall cease and the resource shall remain as found; further disturbance is prohibited. In addition, the owner shall notify the Wasco County Planning Department, Gorge Commission, and four Indian tribal governments within 24 hours of discovery. Conditions of approval are included in the Notice of Decision requiring compliance with these requirements. With these conditions of approval staff finds that the request complies with Criterion G.

3. Recreation The development shall not detract from the use and enjoyment of established recreation sites on adjacent parcels.

FINDING: Rowena Viewpoint, Rowena Plateau, and Tom McCall Point, including the trail between the Viewpoint and Point are identified recreation areas on the subject parcels. The proposed replacement of six signs with six new signs will improve recreation resources on the subject parcels because they will provide information about the area and resources. They will also provide trail etiquette/rules to ensure the protection of resources in the area. Staff finds that the request complies with Criterion 3.

4. Natural

a. Wetlands, Streams, Rivers, Ponds, and Lakes: The development is outside buffer zones for wetlands, streams, rivers, ponds, and lakes. This guideline shall not apply to lot line adjustments or development located inside road, utility or railroad rights-of-way or easements that have been previously disturbed and regularly maintained.

FINDING: The closest wetland/stream is located approximately 764’ west of the closest proposed replacement signs. The stream, Rowena Creek, is identified on the National Wetlands Inventory map as a riverine wetland. This wetland/seasonal stream is characterized as an herbaceous community which is characterized by the presence of herbs, including grass and grasslike plants, forbs, ferns and nonwoody vines, and requires a minimum buffer area of 150’. Staff finds that the proposed replacement signs are located more than 150’ from the wetland feature, therefore staff finds that the request complies with Criterion a.


b. Sensitive Wildlife and Sensitive Plants (1) The development meets one of the following:

(***)

(b) The development does not disturb the ground or is inside road, utility or

railroad rights-of-way or easements or other areas that have been previously disturbed and regularly maintained; or

FINDING: The proposed signs will replace existing signs which were installed in 2007. Because the ground has previously been disturbed and maintained, staff finds that the request complies with Criterion (b).

(2) Development eligible for expedited review shall be exempt from the field surveys for sensitive wildlife or sensitive plants in Section 14.600.

FINDING: The requested development is to replace six existing signs at Rowena Viewpoint/Plateau, including one along the trail leading to Tom McCall Point. This development qualifies for an expedited review therefore it is exempt from field surveys for sensitive wildlife and sensitive plants. Staff finds that the request complies with Criterion (2).

C. Treaty Protection Rights Proposed developments reviewed using the expedited review process shall comply with the following treaty rights protection guidelines:

1. Proposed developments shall not affect or modify any treaty or other rights of any Indian

tribe. FINDING: The proposed development will not affect or modify any treaty or other rights of any Indian tribe because the proposed use is to replace existing signs with new signs. No new use is proposed as a result of this request therefore staff finds that the request complies with Criterion 1.

2. The expedited development review process shall cease and the proposed development shall be reviewed using the full development review process if an Indian tribe submits substantive written comments during the comment period that identify the treaty rights that exist in the project vicinity and explain how they would be affected or modified by the proposed development.

FINDING: A condition of approval is included in the Notice of Decision stating that the expedited review process shall cease and a full review will be conducted if an Indian tribe submits substantive written comments during the appeal period identifying how existing treaty rights would be affected or modified by the proposed development. With the proposed condition of approval staff finds that the request complies with Criterion 2.

B. Chapter 11 – Fire Safety Standards

Section 11.130, Construction Standards for Dwellings and Structures – Decreasing the Ignition Risks by Planning for a more Fire-Safe Structure


FINDING: The Fire Safety Standards, adopted by the Wasco County Court and effective February 5, 2007, require property owners to be aware of potential fire risks in areas outside of urban areas of Wasco County, and requires compliance with siting standards, fuel break requirements, construction standards, access standards, and on-site water storage requirements.

As part of a complete application, the property owners completed a Fire Safety Standard Self-Certification Form. By signing the self-certification form, the owners have acknowledged that they understand these standards and commit to achieve compliance with them within one year of the date of approval and maintain them through the life of the development. This certification further commits all future property owners to this same requirement. A copy of this self-certification form is available for inspection at the Wasco County Planning Department under File 921-PLAEXP-18-01-0001. A condition of approval stating this is included in the Notice of Decision. The subject property has structural fire protection from Mid-Columbia Fire & Rescue and has wild fire protection from the Oregon Department of Forestry. The replacement signs will have a pre-cast reinforced concrete pentagon post with a galvanized steel base plat. The face of the sign will be made of porcelain enamel. These materials are fire-resistant. Five of the signs are located within 50’ of Highway 30 or the Rowena Viewpoint road. One sign is located approximately 2,000’ southeast of Highway 30, however due to its fire-resistant materials, it will not create the potential for fire danger. Staff finds that the request complies with Chapter 11 – Fire Safety Standards.

C. Chapter 23 – Sign Provisions

Section 23.030 Signs (SMA Only) A. All public signs subject to review located in SMA, must be designed and located in compliance

with the standards described in the Columbia River Gorge National Scenic Area Graphic Signing System and conform to the Manual for Uniform Traffic Control Devices standards.

FINDING: The applicant has hired Sea Reach Ltd. to design, build, and install new signage. Sea Reach Ltd. developed the signage templates for the Columbia River Gorge National Scenic Area and is uniquely qualified to ensure compliance with established standards. The replacement signs have been designed in accordance with the Columbia River Gorge National Scenic Area Graphic Signing System, therefore staff finds that the request complies with Criterion A.

B. New signs shall meet the minimum provisions of these standards in all cases where these provisions do not conflict with other regulations intended for public safety and information.

FINDING: As found in Criterion A., the replacement signs will meet the standards described in the Columbia River Gorge National Scenic Area Graphic Signing System. Staff finds that the requested replacement signs comply with Criterion B.

C. All signs shall meet the following standards:

1. New signs shall be allowed as specified in the applicable land use designations.


FINDING: Signs are not listed as an allowed use in any of the land use designations in the Wasco County NSA-LUDO, but are listed as uses permitted outright or subject to an expedited review. The replacement signs are being processed as an Expedited Review as allowed by Chapter 3, Section 3.110. Staff finds that the request complies with Criterion 1.

2. No sign shall be erected or placed in such a manner that it may interfere with, be confused with, or obstruct the view of any traffic sign, signal or device.

FINDING: All six of the replacement signs are clearly located outside of the road right-of-way therefore they are not confused with, nor do they obstruct the view of any traffic sign. There are no traffic signals or devices in the area. Staff finds that the request complies with Criterion 2.

(***)

4. Except for signs allowed without review pursuant to Section 3.100 and 3.180(B) all new signs shall meet the following guidelines, and be consistent with the Manual for Uniform Traffic Control Devices:

a. Signs shall be maintained in a neat, clean and attractive condition.

FINDING: A condition of approval is included in the Notice of Decision requiring all signs to be maintained in a neat, clean, and attractive condition. With the proposed condition of approval staff finds that the request complies with Criterion a.

b. The character and composition of sign materials shall be harmonious with the landscape and/or related to and compatible with the main structure upon which the sign is attached.

FINDING: All six replacement signs have been designed by the company who created the Columbia River Gorge National Scenic Area Graphic Sign System. They were created based on the design standards for public signs adjacent to public road rights-of-way. The colors of the signs and their materials are generally dark earthtone colors and blend with the surrounding landscape. Staff finds that the request complies with Criteria a. and b.

c. Signs shall be placed flat on the outside walls of buildings, not on roofs or marquees. FINDING: The proposed replacement signs are intended to be located along the recreation trails. There are no buildings located nearby. Staff finds that the request complies with Criterion c.

d. Signs shall be unobtrusive and have low contrast with the setting. FINDING: Proposed sign colors are dark earthtone colors that blend with the surrounding setting. White lettering will provide contrast with the background for easy reading, but overall they will be unobtrusive and have low contrast with the surrounding area. Staff finds that the replacement signs comply with Criterion d.

e. The visual impact of the support structure shall be minimized. FINDING: The replacement signs will have a pre-cast reinforced concrete pentagon post with a galvanized


steel base plat. The face of the sign will be made of porcelain enamel. Existing signs have a low visual impact and the replacement signs will be similar to the existing signs therefore staff finds that the request complies with Criterion e.

f. Outdoor sign lighting shall be used for purposes of illumination only, and shall not be designed for, or used as, an advertising display, except for road safety signs.

FINDING: The proposed replacement signs are not road safety signs and no outdoor lighting is proposed. A condition of approval is included in the Notice of Decision prohibiting any outdoor sign lighting. With the proposed condition of approval the request complies with Criterion f.

g. Backs of all signs shall be visually unobtrusive, non-reflective, and blend in with the setting.

FINDING: Some signs will be constructed of wood with the enamel face set into the wood. The back of each sign will be painted a dark earthtone color. Other replacement signs will be powder coated aluminum in dark colors. All sign backs will be painted or coated with dark earthtone colors making them visually pleasing and unobtrusive to blend in with the landscape setting. Sign backs will also be nonreflective. Staff finds that the request complies with Criterion g.

h. Sign internal illumination or backlighting shall not be permitted except for highway construction, warning or safety.

FINDING: The proposed replacement signs are not highway construction, warning, or safety signs, and do not propose any internal illumination or backlighting. A condition of approval is included in the Notice of Decision prohibiting any internal illumination or backlighting for the replacement signs. With this condition of approval the request complies with Criterion h.

5. Public signs shall meet the following standards in addition to standards C(1) through C(4).

a. The Graphic Sign System provides design standards for public signs in and adjacent

to public road rights-of-way. All new and replacement public signs, except those transportation regulatory, guide, and warning signs allowed outright, shall conform to the guidelines in this system. Types of signs addressed include recreation site entry, interpretive, specific service signs, destination and distance signs, variable message signs, or signs that bridge or are cantilevered over the road service.

b. Signs located outside public road rights-of-way are encouraged to be designed in

such a way as to be consistent with similar purpose signs described in the Graphic Signing System.

FINDING: All six replacement signs have been designed by the company who created the Columbia River Gorge National Scenic Area Graphic Sign System. They were created based on the design standards for public signs adjacent to public road rights-of-way and are consistent with these design standards therefore staff finds that the request complies with Criteria a. and b.

c. Signs posted by governmental jurisdictions giving notice to the public shall be no larger than that required to convey the message intended.


FINDING: The proposed replacement signs are being posted by The Nature Conservancy, which is not a governmental jurisdiction, therefore staff finds that the Criterion c is not applicable.

6. Signs for public and commercial recreation facilities, home occupations, cottage industries, and commercial uses shall meet the following guidelines in addition to standards C(1) through C(4) and C(7).

FINDING: The proposed replacement signs are for public recreation facilities therefore Criteria 7. and 8. are addressed below.

7. Prohibited Signs

a. Billboards. FINDING: A billboard is defined by Merriam-Webster as: “a large panel designed to carry outdoor advertising”. The proposed replacement signs do not contain any advertising therefore staff finds that the request complies with Criterion a.

b. Signs that move or give the appearance of moving except signs used for highway construction, warning or safety.

FINDING: The proposed replacement signs have no moving parts nor do they give the appearance of movement therefore staff finds that the request complies with Criterion b.

c. Portable or wheeled signs, or signs on parked vehicles where the sign is the primary use of the vehicle, except for signs used for highway construction, warning or safety.

FINDING: The proposed replacement signs will be permanently cemented into the ground. They are not portable or wheeled signs or signs on parked vehicles, therefore staff finds that the request complies with Criterion c.

8. Sign clutter and other negative visual effects from excessive signs along all roads and highways, and at parking lots and recreation facilities, shall be reduced.

FINDING: The proposed signs are intended to replace existing signs. Because signs have a low visual impact and are constructed with dark earthtone colors, there is no negative visual effect from the signs, nor are they excessive. Signs are set back from roadways and are not located within the road right-of-way. Staff finds that the replacement signs comply with Criterion 8.

ATTACHMENT E – OUTDOOR LIGHTING STANDARDS

Attachment E – Outdoor Lighting Standards Page 1 of 2 921-PLAEXP-18-01-0001 (The Nature Conservancy)

Attachment E – Outdoor Lighting Standards Page 2 of 2 921-PLAEXP-18-01-0001 (The Nature Conservancy)

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