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HomeMy WebLinkAboutVander Zanden Appeal Decision DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS FILE NUMBER: CU-08-11 APPLICANT/ PROPERTY OWNER: Bruce and Peggy Vander Zanden 7236 SW McVey Avenue Redmond, Oregon 97756 APPLICANT REPRESENTATIVE: Lisa Klemp Bryant, Emerson & Fitch, LLP Post Office Box 457 Redmond, Oregon 97756 REQUEST: Conditional Use Permit for a Type 3 home occupation in an Exclusive Farm use (EFU-TRB) zone. I. STANDARDS AND APPLICABLE CRITERIA: Title 18, Deschutes County Zoning Ordinance A. Chapter 18.04, Title Purpose and Definitions B. Chapter 18.16, Exclusive Farm Use Zone 1. Section 18.16.030, Conditional Uses Permitted – High Value and Nonhigh Value Farmland 2. Section 18.16.040, Limitations on Conditional Uses 3. Section 18.16.070, Yard and Setback Requirements C. Chapter 18.32, Multiple Use Agricultural Zone 1. Section 18.32.030, Conditional Uses Permitted D. Chapter 18.116, Supplementary Provisions 1. Section 18.116.280, Home Occupations E. Chapter 18.128, Conditional Uses 1. Section 18.128.015, General Standards Governing Conditional Uses Title 22, Deschutes County Development Procedures Ordinance II. BASIC FINDINGS: CU-08-11 (Vander Zanden) Board Decision Page 1 of 16 A. LOCATION: The property is located at 7236 SW McVey Avenue, Redmond and is identified on Deschutes County Assessor's Map 16-12-02C as tax lot 700. B. LOT OF RECORD: The Board adopts the Hearings Officers’ findings, incorporated by reference herein. C. ZONING: The Board adopts the Hearings Officers’ findings, incorporated by reference herein. D. LAND USE HISTORY: The Board adopts the Hearings Officers’ findings, incorporated by reference herein. E. SITE DESCRIPTION: The Board adopts the Hearings Officers’ findings, incorporated by reference herein. F. SURROUNDING LAND USES: The Board adopts the Hearings Officers’ findings, incorporated by reference herein. G. SOILS: The Board adopts the Hearings Officers’ findings, incorporated by reference herein. H. PROPOSAL: The Board adopts the Hearings Officers’ findings, incorporated by reference herein. I. PUBLIC AGENCY COMMENTS: The Board adopts the Hearings Officers’ findings, incorporated by reference herein. J. PUBLIC COMMENTS: The Board adopts the Hearings Officers’ findings, incorporated by reference herein, and adds oral and written testimony by the applicants, their attorney, and five comments from neighboring property owners that were received either at the November 10, 2008 public hearing or by the close of the written record on November 24, 2008. K. NOTICE REQUIREMENT: The Board adopts the Hearings Officers’ findings, incorporated by reference herein. L. REVIEW PERIOD: The Board adopts the Hearings Officers’ findings, incorporated by reference herein, and adds that the Hearings Officer’s decision was issued September 4, 2008, and an appeal filed to the Board of Commissioners on September 16, 2008. The Board agreed to hear the appeal de novo, and held a public hearing on the matter November 10, 2008. The Board deliberated the matter on December 10, 2008, and rendered an oral approval of the application. The applicant extended the clock to January 5, 2009, to allow time for a written decision to be approved by the Board of Commissioners. CU-08-11 (Vander Zanden) Board Decision Page 2 of 16 III. CONCLUSIONARY FINDINGS: Title 18 Deschutes County Zoning Ordinance. A. CHAPTER 18.04. TITLE PURPOSE AND DEFINITIONS "Home occupation" means an occupation or profession carried on within a dwelling and/or a residential accessory structure by a resident of the dwelling or employees, depending on type pursuant to DCC 18.116.280 and is secondary to the residential use of the dwelling and/or the residential accessory structure. FINDING: The Board adopts the Hearings Officer’s decision but modifies the decision such that the Board finds that the home occupation will be carried out by the residing property owner who is authorized by way of this decision to employ up to five people will carry out the home occupation. B. CHAPTER 18.16. EXCLUSIVE FARM USE ZONE 1. Section 18.16.030. Conditional Uses Permitted -High Value and Nonhigh Value Farmland. The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or nonhigh value farmland subject to applicable provisions of the Comprehensive Plan, DCC 18.16.040 and 18.16.050, and other applicable sections of DCC Title 18. N. Type 2 or 3 Home Occupation, subject to DCC 18.116.280. Home occupations are not allowed in structures accessory to resource use. The home occupation shall not unreasonably interfere with other uses permitted in the EFU zone. FINDING: The Board adopts the Hearings Officer’s findings on this criterion and the Board finds that the home occupation can be conditioned so that it will not unreasonably interfere with other uses but adopts different conditions to meet this criterion. First, the Hearings Officer included a condition limiting the number of Saturdays that the home occupation could occur. The Board finds that the noise, the number of deliveries, and the number of employees is such that the business could be conducted on the weekends because weekends are times that property owners often run their own equipment such as lawn mowers, power saws, other farm equipment and so forth. Thus, there is no evidence in the record as to why two Saturdays are better than all Saturdays and the Board finds that the applicants should be able to operate the business on Saturdays. The difference between Saturdays and weekdays, however, is that most property owners do not expect such machine type sounds for long hours on the weekends. Thus, the operation of the home occupation could interfere with other uses, such as the use of a farm or non-farm residence, if they are allowed to run for longer than the hours of 9:00 am to 3:00 pm. Thus, a condition will be imposed allowing the CU-08-11 (Vander Zanden) Board Decision Page 3 of 16 applicant to operate that business on Monday-Friday (7:00 a.m. to 5:00 p.m.) and Saturdays (9 a.m. to 3 p.m.). Second, the Board finds that setting a specific decibel level and to require the applicants to monitor the noise level is too difficult to enforce. Evidence was presented by the applicants that the noise level will be at 50 decibels or less so long as all doors and windows remain shut. The 50-decibel level is about the level of noise that will keep a majority of people from being moderately annoyed during the daytime from steady, continuous noise on balconies, terraces, and in outdoor living areas. Anything louder could disrupt the residential and farm uses adjacent to the subject property. In order to ensure compliance with DCC 8.08, the County Noise Control ordinance, as well as to ensure that the noise does not interfere with those adjacent uses, a condition of approval will be imposed requiring that the doors and windows of the structure where the home occupation will occur shall remain closed at all times except during ingress and egress of deliveries, personnel, and customers. 2. Section 18.16.040. Limitations on Conditional Uses. A. Conditional uses permitted by DCC 18.16.030(F) through (BB) may be established subject to applicable provisions in DCC 18.128 and upon a finding by the Planning Director or Hearings Body that the proposed use: 1. Will not force a significant change in accepted farm or forest practices as defined in ORS 215.203(2)(c) on adjacent lands devoted to farm or forest uses; and 2. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use; and 3. That the actual site on which the use is to be located is the least suitable for the production of farm crops or livestock. FINDING: The Board adopts the Hearings Officer’s findings on this criterion so long as the revised conditions of approval regarding hours of operation, noise, and screening are imposed. 3. Section 18.16.070. Yard and Setback Requirements. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. C. CHAPTER 18.32. MULTIPLE USE AGRICULTURAL ZONE 1. Section 18.32.030. Conditional Uses Permitted. L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. D. CHAPTER 18.116. SUPPLEMENTARY PROVISIONS CU-08-11 (Vander Zanden) Board Decision Page 4 of 16 1. Section 18.116.280. Home Occupations. E. Type 3. Type 3 home occupations may be allowed as conditional uses with an approved conditional use permit. Such uses are subject to the standards of the zone in which the home occupation will be established, in DCC Section 18.128.015, and the following limitations. FINDING: As a preliminary matter, the Board finds that this provision requires the Board to evaluate each of the following limitations for compliance with the general conditional use criteria in DCC 18.128.015. Therefore, each of the following limitations can be limited further if the decision maker finds that the impacts of those specific aspects must be limited to assure that “The proposed use shall be compatible with existing and projected uses on surrounding properties.” A Type 3 home occupation: 1. Is conducted from a property that is at least one-half (1/2) acre in size. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. 2. Is conducted in such a way that it is compatible with the residential character, or in resource zones, resource-oriented character of its location. FINDING: The Board adopts the Hearings Officer’s findings on this criterion except that the Board deletes the last two sentences of the first paragraph and deletes the second paragraph. Further, the Board incorporates its previous findings under DCC 18.16.030(N) above and finds that this criterion is satisfied with the imposition of the conditions of approval regarding the hours, noise, and screening. 3. Is conducted within a dwelling and/or an accessory structure by residents of the dwelling and no more than two (2) employees who report to the property for work. May have a maximum of five (5) employees at the home occupation located on property in an EFU, MUA10, or RR10 zone and that is at least 10 acres in size. FINDING: The Board finds that the proposed home occupation will be conducted within an accessory structure, on property 20 acres in size zoned EFU and MUA10, which allows for up to five employees. The Hearings Officer found that he could approve only two employees because the applicant failed to provide sufficient evidence of impacts of more than two employees. At the de novo hearing, the applicant requested the Board amend the decision to approve five employees. The Board finds that the increase in the number of employees from two to five will not have a significantly greater impact on the surrounding uses. In support of that finding, the Board finds that the vehicle trips generated by the three additional employees will not provide any significant increase in traffic impacts. This is CU-08-11 (Vander Zanden) Board Decision Page 5 of 16 because no evidence exists in the record showing any failing traffic facility in the vicinity or that the vehicle trips from the three additional employees will cause any traffic facility to fail. Additionally, the Board finds that the record lacks substantial evidence that three additional employees will provide much, if any, increase in noise for the adjacent property owners. Furthermore, the applicant demonstrated that it can provide onsite parking for these employees in compliance with the code. 4. May include employees or contractors that work off site. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. 5. Does not occupy more than 35 percent of the combined floor area of the dwelling, including an attached garage and one (1) accessory structure. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. 6. May include on-site sales of products associated with the home occupation that are incidental and subordinate to the home occupation. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. 7. Creates no more than twenty (20) business-related vehicle trips to the site per day by employees, customers or clients, including parcel delivery services. FINDING: The Board modifies the Hearings Officer’s findings on this criterion as follows. The Board finds that “vehicle trips” as used in the Home Occupation Code shall be consistent with the use of that term elsewhere in the County Code, and as it is defined in the Institute of Transportation Engineers (ITE) manual as a single or one-direction vehicle movement. Like the Hearings Officer, the Board finds that the applicant indicates one delivery van will deliver cabinet manufacturing accessories once per day and another van will deliver wood once per week. In addition, there is the potential of one customer per week. Along with those possible six trips in a day, the Board finds that the five employees will generate at least another ten trips per day for a total of 16 trips. That allows an additional four trips per day for the home occupation purposes. The Board finds that the vehicle trips permitted for this proposed use shall not exceed twenty vehicle trips per day. For the same reasons outlined in the discussion under DCC 18.116.280(E)(3) above, the Board finds that the additional vehicle trips will not negatively impact the county road, nor unreasonably interfere with surrounding uses. 8. Has adequate access and on-site parking for not more than five (5) customer, employee, or delivery vehicles at any given time. FINDING: The Board finds that the applicant provided a drawing of the subject property showing that the site has ample room for the five parking spaces just to the north where the cabinet manufacturing will occur. The Hearings Officer found that the applicant indicated, “There will be one 18-foot enclosed utility trailer related to the CU-08-11 (Vander Zanden) Board Decision Page 6 of 16 business. Trailer parking is designated behind (south) of the existing machine shop/barn portion of the structure. These parking spaces allow for the loading/unloading area in front of the building to remain open.” Additionally, the Hearings Officer found that “there may be ample room for two or three more vehicles in front of, north, the accessory structure and next to the existing corral fencing.” The Board adopts those Hearings Officer findings and adds that the applicant must provide for no more than four parking spaces in front (north) of the accessory structure to accommodate the employees and any delivery vehicle. The Board notes that, unless the employees’ car pool, the number of the onsite parking spaces may limit the number of allowed employees given that the trailer will take one space and one space will be necessary for the delivery vehicles. That leaves only three spaces for employees. As for the adequate access, the Board adopts the Hearings Officer’s findings that access to the site it taken from SW McVey Avenue in the northwest corner of the property but that it has no direct access to that street. The applicants presented testimony that they are close to having a signed agreement with the adjacent property owners, the Corbetts, owners of Tax Lot 1612020000602. Therefore, the Board finds that it is feasible that the applicants will have adequate physical access to the property, as discussed by the Hearings Officer. Further, compliance with this criterion includes a condition of approval requiring the applicant, prior to initiation of the use or issuance of a building or septic permit, to obtain a long-term access easement across tax lot 600 of Deschutes County Assessor’s map 16-12-02C. 9. Is limited to the hours and days of operation proposed by an applicant and approved with a conditional use permit. FINDING: The applicant proposed different hours than required by the Hearings Officer. As stated above under the discussion of DCC 18.16.030(N), the Board finds that there should be limitations on the hours of operation the applicant has proposed because the hours were not appropriate, but neither were the hours proposed by the Hearings Officer. A condition will be imposed allowing the applicant to operate that business on Monday-Friday (7:00 a.m. to 5:00 p.m.) and Saturdays (9 a.m. to 3 p.m.). 10. Does not involve any external changes to the dwelling or accessory structure in which the home occupation will be established that would give the dwelling an outward appearance of a business. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. 11. Does not produce prolonged odor, dust, glare, flashing lights, noise smoke, or vibrations in excess of that created by normal residential use. FINDING: The Board adopts in part, and modifies in part, the Hearings Officer’s findings on this criterion. As stated above, the Board finds that a decibel level monitoring requirement is not a reasonable requirement and it is not easy to monitor the requirement. The Board finds that the use is subject to the County’s noise control code CU-08-11 (Vander Zanden) Board Decision Page 7 of 16 in DCC Chapter 8.08 for normal residential noise restrictions and that the code provides sufficient protection from any noise that might impact the surrounding uses. As for the odor, dust, glare, flashing lights, smoke or vibrations, the Board adopts the Hearings Officer’s second paragraph under this criterion. 12. Complies with all requirements of the Deschutes County Building Safety Division and the Environmental Health Division and any other applicable state or federal laws. Compliance with the requirements of the Deschutes County Building Safety Division shall include meeting all building occupancy classification requirements of the state-adopted building code. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. 13. May have one (1) sign, ground-mounted or wall-mounted, as defined in DCC Chapter 15.08, that is no more than three (3) square feet in area, non- illuminated. The ground-mounted sign and support structure shall not exceed 6 feet in height and is located on the property from which home occupation will operate. Such signs do not require a sign permit under DCC Chapter 15.08, Signs. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. 14. May include outside storage of equipment and materials on parcels approved for a home occupation, not to be included in the 35 percent of combined floor area. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. 15. Allows for servicing, inspecting, loading, and or dispatching vehicles and equipment incidental to the home occupation and stored within the buffered and screened outside area. FINDING: The Board adopts the Hearings Officer’s findings on this criterion except that the Board finds that the applicants provided substantial evidence that the applicants cannot comply with the Hearings Officer’s condition of approval for clustering the trees in a triangular pattern. There is not enough room on the north side of the structure for such a pattern. Furthermore, given that there are other trees in that area and that this is a small business, the Board finds the number of trees imposed by the Hearings Officer to be excessive. Therefore, the Board finds that four trees should provide sufficient screening and buffering of the servicing, inspecting, loading, and/or dispatching vehicles and equipment incidental to the home occupation. As for the location of those trees, the applicant provided a diagram called “Plan B” and the Board finds that the screening and buffering will be adequate if those four trees are planted in the vicinity shown on Plan B with the CU-08-11 (Vander Zanden) Board Decision Page 8 of 16 applicant using his discretion as to the exact location within that area. 16. Requires review of the home occupation approval every 12 months by the planning division to ensure compliance with the requirements of this section and the conditions required for approval of the use. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. 17. Conducts all home occupation activities within one or more structures on the property that are of a type normally associated with the zone where it is located. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. 18. Locates all employee, customer and delivery vehicle parking spaces on-site and outside of the required zone setbacks. FINDING: The Board adopts the Hearings Officer’s findings on this criterion and incorporates the Board’s findings under its discussion of DCC 18.116.280(E)(8). 19. Parks all vehicles used by the operator to conduct the home occupation that have a gross vehicle weight of 15,000 or more pounds in a garage, an accessory structure, or within a screened area according to the requirements of DCC 18.116.280(E)(21)(a) through (e). FINDING: The Board adopts the Hearings Officer’s findings on this criterion. 20. No structural alteration affecting the residential appearance of a building shall be allowed to accommodate the home occupation except when otherwise required by law, and then only after the plans for such alterations have been reviewed and approved by the Deschutes County Planning Division. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. 21. Includes no outside storage unless the subject property is 10 or more acres in size and the storage is setback a minimum of 20 feet from all property lines, and is maintained to screen materials and equipment from residences on adjacent properties. The form of screening may include, but is not limited to: a. A sight-obscuring fence, as defined in DCC 18.04.030. b. Intervening tree cover. c. Topography. d. Existing buildings on site. e. Introduced landscape materials, including, but not limited to, trees and/or shrubs on an earthen berm. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. CU-08-11 (Vander Zanden) Board Decision Page 9 of 16 E. CHAPTER 18.128. CONDITIONAL USE 1. Section 18.128.015. General Standards Governing Conditional Uses. Except for those conditional uses permitting individual single-family dwellings, conditional uses shall comply with the following standards in addition to the standards of the zone in which the conditional use is located and any other applicable standards of the chapter: A. The site under consideration shall be determined to be suitable for the proposed use based on the following factors: 1. Site, design and operating characteristics of the use; 2. Adequacy of transportation access to the site; and 3. The natural and physical features of the site, including, but not limited to, general topography, natural hazards and natural resource values. FINDING: The Board adopts the Hearings Officer’s findings on these criteria and incorporates the modified conditions of approval as addressed herein where applicable. B. The proposed use shall be compatible with existing and projected uses on surrounding properties based on the factors listed in DCC 18.128.015(A). FINDING: The Board adopts the Hearings Officer’s findings on this criterion and incorporates the modified conditions of approval as addressed herein where C. These standards and any other standards of DCC 18.128 may be met by the imposition of conditions calculated to insure that the standard will be met. FINDING: The Board adopts the Hearings Officer’s findings on this criterion. IV. DECISION: Based on the testimony and written evidence in the record, the Board of County Commissioners concludes that the applicant has satisfied all relevant approval criteria or that it is feasible to satisfy the criteria through the imposition of conditions of approval. Accordingly, CU-08-11 is APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: 1. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new conditional use application. 2. Prior to initiation of the use, the applicant/owner shall contact the Deschutes County Building Safety Division and obtain approval for a change of occupancy [building] permit for the accessory structure being used for the home occupation. CU-08-11 (Vander Zanden) Board Decision Page 10 of 16 3. Prior to initiation of the use, the applicant/owner shall obtain any necessary federal or state permits. Furthermore, the applicant/owner shall submit to the Planning Division documentation from federal or state agencies indicating the review and approval of such permit(s). 4. Pursuant to DCC 18.116.280(E)(8), prior to initiation of the use or issuance of a building or septic permit, the applicant shall obtain a long-term access easement across tax lot 600 of Deschutes County Assessor’s map 16-12-02C. The access easements shall be recorded in the Deschutes County Book of Records and a copy of each recorded easement shall be submitted to the Planning Division. 5. Prior to initiation of the use, the applicant/owner shall satisfy all relevant requirements of the Redmond Fire and Rescue Department, as indicated in Exhibit “A”. The applicant/owner shall submit to the Planning Division documentation from the Redmond Fire and Rescue Department indicating the review and approval of the requirements. 6. There shall be no outside storage of materials associated with the home occupation. 7. Hours of operation for this home occupation shall be limited to 7:00 a.m. to 5:00 p.m., Monday through Friday and from 9:00 a.m. to 3:00 p.m. on Saturdays. 8. The applicant/owner and five (5) additional employees are the only employees authorized under this decision. 9. The home occupation may generate no more than twenty (20) business-related vehicle trips per day to the site. This includes trips generated by employees reporting to the property for work, two deliveries, and one customer. 10. The home occupation is limited to 3,219 square feet of floor area in the residential structure and detached shop combined. Furthermore, the applicant/owner shall only use the first floor of the detached shop for the home occupation as requested and authorized under this decision. The second floor of the detached shop is designated for personal residential use only. 11. The home occupation may have one (1) sign that complies with requirements of DCC 18.116.280(B)(3)(K). 12. The home occupation shall not produce prolonged odor, dust, glare, flashing lights, noise, smoke, or vibrations in excess of that created by normal residential use and shall adhere to the County Noise Control standards in DCC Chapter 8.08. The doors and windows in the accessory structure being used for the home occupation shall remain closed during hours of operation except during ingress or egress of delivery personnel, customers or employees. 13. Trees and shrubs shall be retained on site in all areas where they serve to screen the detached shop and home occupation, except as necessary for construction of access roads, building pads, septic drain fields and parking areas. (This condition does not prohibit maintenance of CU-08-11 (Vander Zanden) Board Decision Page 11 of 16 existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act or agricultural use of the land.) 14. The applicant shall plant and maintain four (4) evergreen trees in the vicinity of the area shown on the applicant’s Plan B, with the applicant to use discretion as to the appropriate place to put them for screening purposes. The trees shall be planted within six (6) months of the change of occupancy [building] permit for the detached shop and shall be at least five (5) feet tall, measured from ground level, at the time of planting. 15. Prior to the issuance of the change of occupancy [building] permit of the detached shop, the property owner shall sign and record with the County Clerk, a Conditions of Approval Agreement prepared by the Planning Division regarding the authorized home occupation. A copy of the recorded conditions of approval agreement shall be submitted to the Planning Division. 16. The home occupation shall be reviewed on an annual basis to ensure compliance with the conditions of approval. Other permits may be required. The applicant is responsible for obtaining any necessary permits from the Deschutes County Building and Environmental Health Divisions, the Deschutes County Road Department, as well as any required state or federal permits. V. DURATION OF APPROVAL: The applicant shall complete all conditions of approval and initiate the proposed use within two (2) years of the date this decision becomes final, or obtain an extension of time pursuant to Section 22.36.010 of the County Code, or this approval shall be void. Dated this ___ day of _______________, 200__. Mailed this ____day of ______________, 200__. CU-08-11 (Vander Zanden) Board Decision Page 12 of 16 BOARD OF COUNTY COMMISSIONERS ____________________________________ DENNIS R. LUKE, CHAIR ____________________________________ TAMMY BANEY, COMMISSIONER ____________________________________ MICHAEL M. DALY, COMMISSIONER ATTEST: ______________________________ Recording Secretary THIS DECISION BECOMES FINAL UPON MAILING. PARTIES MAY APPEAL THIS DECISION TO THE LAND USE BOARD OF APPEALS WITHIN 21 DAYS OF THE DATE ON WHICH THIS DECISION IS FINAL. CU-08-11 (Vander Zanden) Board Decision Page 13 of 16 Exhibit “A” Redmond Fire and Rescue requirements go as follows: Water: Area without Fire Hydrants: Water flow requirements shall be met or an approved sprinkler system shall be installed. • NFPA 1142 Requirements o If the structure is being built in an area outside a public water supply system, then the water flow requirements will come from NFPA 1142. o Note: The following information will need to be provided in order to determine accurate water flow requirements. • Building height, length and width • Use of the building • Type of construction • Whether the structure 100 sq ft or larger and within 50 feet of any other structures Unable to provide water flow requirements. • Structures with Automatic Sprinkler systems – 2001 NFPA 1142 Chapter 7 o The authority having jurisdiction shall be permitted to waive the water supply required by this standard when a structure is protected by an automatic sprinkler system that fully meets the requirements of NFPA 13. • Fire Safety during Construction – 2007 OFC Chapter 14 o Approved fire department access roads, required water supply, and safety precautions shall be made available as soon as combustible material arrives on site. • Fire Sprinkler Systems shall be installed per NFPA 13. o If there are greater than 20 sprinkler heads, the system is required to have a fire alarm monitoring system. o 2007 OFC 903.3.7 Fire Department Connections: The location of fire department connections shall be approved by the fire department. The FDC/PIV shall not be under any combustible projections or overhangs. o NOTE – If the Building is sprinklered, the sprinkler system will need to be designed to the specific use that will be occurring in the building. If the sprinkler system is not designed appropriately it will limit the types of businesses that can occupy the space. Access: • Premises Identification – 2007 OFC 505.1 o Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background and visible at night. Number/letter shall be a minimum of 4” high and a 0.5” stroke width. • Fire Apparatus Access Roads – 2007 OFC Section 503 & Appendix D CU-08-11 (Vander Zanden) Board Decision Page 14 of 16 o Fire apparatus access roads shall extend to within 150 ft of all portions of the building as measured by an approved route around the exterior of the building. o Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. o Fire apparatus roads shall be designed and maintained to support the imposed loads of 70,000 lbs and shall be surfaced so as to provide all-weather driving capabilities. o The required turning radius of a fire apparatus access road shall be 30 feet inside and 50 feet outside. o The grade of the fire apparatus access roads shall be within the limits established by the fire code official (10%). Unknown if the above requirements have been met. • Fire Lanes – 2007 OFC 503.3 & Appendix D o Approved signs or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Such signs or notices shall be kept in legible conditions at all times. The stroke shall be 1 inch with letters 6 inches high and read “No Parking Fire Lane”. Spacing for signage shall be every 50 feet. • Recommended to also (in addition to Fire lane signs) paint fire lane curbs in bright red paint with white letters. o Appendix D Section D103.6.1 Roads 20-26 Ft. Wide: Shall have Fire Lane signs posted on both sides of a fire lane. o Appendix D Section 103.6.2 Roads more than 26 Ft. Wide: Roads 26-32 ft wide shall have a Fire Lane signs posted on one side of the road as a fire lane. • Aerial Access Roads – 2007 OFC Appendix D, Section D105 o Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads and capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadways. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, all access roads shall have an unobstructed with of not less than 26 feet and shall be positioned parallel to one entire side of the building. Unknown if the above requirement will apply, height of building not provided. • Dead-Ends – 2007 OFC Section 503.2.5 o Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Contact Redmond Fire & Rescue for requirements. Unknown if the above requirement will apply. • Emergency Access Road Gates – 2007 OFC Appendix D 103.5 o Minimum 20 feet wide. o Gates shall be swinging or sliding type. o Shall be able to be manually operated by one person. o Electric gates shall be equipped with a means of opening by emergency personnel & approved by fire official. o Locking devices shall be fire department padlocks purchased from A-1 Lock, Safe Co. or Vance Lock & Alarm or contact Redmond Fire & Rescue for order form. CU-08-11 (Vander Zanden) Board Decision Page 15 of 16 o Section 503.3: Install a sign on the gate “Emergency Access” • Key Boxes – 2007 OFC Section 506.1 o An approved key box shall be installed on all structures equipped with a fire alarm system and /or sprinkler system. Approved key boxes can only be purchased at A-1 Lock Safe Co. or Vance Lock & Alarm. • Commercial & Industrial Development – 2007 OFC Appendix D 104 o Buildings exceeding three stories or 30 feet in height shall have at least 2 means of fire apparatus access for each structure. o Where 2 access roads are required, they shall be placed not less than ½ the length of the overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Unknown if the above requirement will apply. CU-08-11 (Vander Zanden) Board Decision Page 16 of 16