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4s 11 25 800

KINGFISHER PLANNING APPLICATION: CONDITIONAL USE REVIEW & VARIANCE REQUEST APRIL 08, 2020

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PROJECT SUMMARY Site Location: Tax lot 800, 4s-11-25AA, in the NE ¼ of NE ¼ Sec. 25. T.4S. R.11. W,

W.M., Tillamook County, OR (SE quadrant of intersection of Sunset Dr. and Pacific Ave.)

Zoning: PCW-C1 (Pacific City / Woods neighborhood Commercial Zone), PCW-R3

(Pacific City/Woods High Density Residential) Summary of Request: Review and Approval of the proposed land development per Tillamook

County • LUO, Article 6, Conditional Use • LUO, Article 8, Variance (Minimum Lot Width, Height Restriction,

On-street Parking) Proposal: To allow development of a 25-unit apartment complex and associated

parking. Reviews Requested: The above request requires the following reviews:

• Variance o Reduce setback requirements o Extend maximum building height of from 24’ to 32’ o Allow for on-street parking on Sunset Drive

• Conditional use to allow multi-family residential in PCW-C1 zone • Beach and Dune Hazard Report Review

Addenda:

1. Building Rendering (East) 2. Site Plan 3. Site Section 4. Basement Plan 5. Ground Story Plan 6. Second Story Plan 7. Building Elevations 8. Building Elevations 9. Building Section 10. Landscape Plan 11. Civil Utility Plan 12. Illustrated Aerial 13. Section Diagram 14. Preliminary Schedule of Rents 15. Building Height Calculation Diagram

[The above items (1-15) are included as a separate document, the following items are at the end of this document.]

16. Certificate of Available Services PCJWSA 17. Engineering Geologic Hazard Review and Dune Hazard

Report


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DESCRIPTION OF PROPOSAL Background: Tillamook County is in the midst of an historic housing crisis. A combination of factors has created a market scenario that severely discourages opportunities to develop long-term rental housing, particularly at rental rates affordable for our local work-force. On the other hand, there are many local and state-wide entities that have recognized the immediacy of the need to address this challenge, and are focusing attention toward developing legislation and incentives that promote multi-family housing for communities in need. This proposed development would create 25 housing units attainable for households at 80-120% of area median income. The housing crisis in Tillamook County will require a multi-faceted approach before truly becoming alleviated. The establishment of an attractive and efficient apartment building of this scale in Pacific City would be a significant boost to this community where there are often zero long-term rentals available. Additionally, it would pilot a solution made feasible only through utilization of new solutions such as a grant from the state government, local tax incentives, as well as the aid and advice from local non-profits, businesses, and individuals. After much planning, design, and deliberation this proposed building is a unique opportunity for Pacific City to begin to include dignified and attainable multi- family housing as a part of its growth. While there are many outright uses for commercial developments that can be applied to this parcel, we feel multi-family workforce housing is the highest and best use for our community and the least impactful for this neighborhood. This property is appropriately sized for a 25-unit development, but in order to build an attractive and durable structure at a cost that can allow for reduced market rental rates it is necessary to avoid the cost burden of building within the 10-year floodzone as well as the environmentally sensitive areas dominating the east side of the subject property (floodway, flood zone, riparian and estuarine). Equally importantly, we believe that a structure concentrated on the northwestern corner of the property would have the least visual impact on views and community enjoyment of the river. This site has historically been a popular fishing hole and an easement will be created to allow continued access to the river for recreational purposes. Existing Conditions: The project site consists of a single, roughly rectangle parcel approximately 35,000 square feet in area and zoned PCW-C1, neighborhood commercial. The proposed building is an all-residential structure therefore the overarching zone application will be R-3, high density residential. The north and west boundaries border Pacific Avenue and Sunset Drive respectively. Opposite these roadways is similar C-1 zoning. The southerly property line abuts a single family lot zoned PCW-R2, medium density residential. The east property line is contiguous with the Ordinary High Water Line/Vegetation Line of the Nestucca River. Accordingly, the easterly 50 feet (approximate) of the parcel is designated by the Department of State Lands (DSL) as Fronting and Abutting Lands (F&A). Additionally, the property is subject to a 50’ riparian setback from the Mean High Water/non-aquatic vegetation line (MHW) per section 4.080 of the Land Use Ordinance. Further, the F&A land is subject to Estuary Conservation -1 and -2 (EC-1 & EC-2) overlay zoning. This parcel also falls within a Flood Hazard Overlay (FH) Zone. The base flood elevation for this tract is 16.9 feet. This parcel also falls within a Beach and Dune Overlay (BD) zone Additionally, this parcel is subject to a 24’ height limitation imposed on all bay frontage lots south of Beachy Bridge (Pacific Ave) per LUO PCW – R3.


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Topographically, the site slopes west to east from Sunset Dr., dropping at approximately 16 percent from the west boundary to a relatively flat “dished out” bench mid-site, then again to the river’s edge for a total elevation drop of approximately 20 feet. Vegetation out of the Ordinary High Water Line consists of beach grass, scotch broom, and shore pines primarily. Currently the site is vacant with the exception of a small asphalt area mid-site (accessed from Pacific Ave.) used historically by the public for recreational opportunities along the river. Typical overhead and underground utilities are located within abutting road ROW and include the Beachy sanitary lift station adjacent the parcel’s north boundary. The surrounding commercial parcels are occupied by an assortment of older, small scale, one and two story residential and commercial structures. The residential parcels south, along both sides of Sunset Dr. are typically developed with two, three, and sometimes four story single family homes. Historically, this parcel has hosted commercial entities. It has always been a popular fishing hole, important to many residents and anglers in the community. Such recreational opportunities are important to the culture that makes Pacific City special. Proposal Overview: The applicant proposes to develop a 25-unit multi-family apartment building with an approximately 7,800SF footprint with two stories of residential (creating approximately 13,000SF of living space) and tuck-under parking below. There will also be parking outside the footprint of the building with some spaces along the buildings western edge on Sunset Dr. Included in the development will be a garbage and recycling enclosure, privacy fence, stormwater filtration, riparian mitigation planting, landscape, and pedestrian river access for the general public. The housing units will be available exclusively for long-term rentals and priced to be affordable to tenants earning between 80% and 120% of area median income. A grant has been awarded by the State of Oregon to offset the costs of SDCs (System Development Charges) provided there be long-term rental opportunities that fell within the ‘work-force’ levels of attainability. This building will be an attractive, well-built edifice with the exclusive goal of providing dignified work-force housing to members of our community. Ingress and egress to the building’s parking area will be along the western boundary towards the south from Sunset Drive only. We are proposing landscaped steps and a pathway for pedestrian use off Pacific Avenue to allow access for general public to the river’s edge for scenic and recreational opportunities. We are currently working with Nestucca Anglers and ODFW to create an access agreement and ultimately a permanent access easement once details of an agreement have been tested and refined. This proposed access-way is within the 50’ riparian setback and will be pending approval by acceptance of the development permit. If circumstances do not allow for the approval of the proposed variance it may not be feasible to build a multi-family structure on this parcel. Compromises in siting and construction will result in higher costs preventing us from affording rent rates suitable for ‘work-force’ status across the entire building. Dwellings will be smaller with lower ceilings. The potential necessity to include an elevator for tenants with disabilities will result in greater construction and maintenance costs while reducing rentable living space and resulting in a scenario with diminished accessibility. These potential compromises in the construction will also result in a building that creates unfavorable impacts on sensitive environmental areas. It will be a less attractive building, provide less dignified dwellings, have the potential for greater congestion within the neighborhood, and will not fit as well with the character of the community. The Oxford English Dictionary defines ‘reasonable’ as “as much as is appropriate or fair; moderate.”


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If the alternative to our proposed structure without variance is: • a building that fits less with the character of the community (flat roof with single-ply membrane and

unnecessary architectural convolutions in order to ‘game’ the Tillamook County building height calculation)

• functions to a lesser degree at greater expense (higher rent rates for less dignified housing) • has greater impacts on the neighborhood and environmentally sensitive areas (inside the flood zone,

development closer to riparian and estuarine zones, less open space, broader development allowing for less view of the river)

• less meaningful housing opportunities for people with disability (less than optimal parking and access)

The alternative cannot possibly be considered ‘reasonable’. Because a building without the proposed variance will not function in nearly the same capacity, we do not consider there to be a ‘reasonable alternative’. Architecture and Flood Hazard The structure will be wood framed using durable materials and design methods with proven performance in the coastal climate. If approved as designed the entirety of the building will be outside of the floodway and the flood zone (AE). Utilities All units will be provided with independent water, sanitary, and electrical utilities from the public utility systems existing in the adjacent street ROW. Storm Water Surface storm water is proposed to sheet drain and percolate easterly across a pervious parking area. Catch basins and a perforated curb line will lead directly to a developed native-vegetated infiltration basin (swale) along the eastern edge of the parking area. The swale will act as a filtering, infiltration, and dispersion element to allow differential runoff to infiltrate on-site and, under extreme events, discharge to the river at rates matching the site’s natural undeveloped rate. The parking area will be composed of pervious material (3/4- gravel at ODOT specifications) so surface runoff will be minimized (per 4.030(6)) allowing for parking lot runoff to be filtered through gravel and sand. Site Lighting In order to limit light pollution, exterior lighting will be kept at a minimum, providing only low wattage, low kelvin, energy efficient, shielded down-lighting fixtures to provide sufficient illumination for safety and security. Applicable Regulations • Land Use Ordinance (LUO) Section 3.337, Pacific City/Woods Neighborhood Commercial (PCW-C1) The subject parcel is zoned Neighborhood Commercial (C1). The purpose of C1 zoning is to permit a moderate level of commercial activities to serve the commercial needs of neighborhoods, rural areas, and tourist areas. According to 3.337(3)(l), Multifamily dwellings exceeding 4 units including apartments are permitted as a conditional use provided they meet the provisions of Article VI (Conditional Use). Less intensive types of dwellings are not allowed in this zone unless specifically accessory to an active commercial use. As an all-residential structure the proposed building must meet the standards for PCW-R3 zoning.

• (1) PURPOSE: The purpose of the PCW-R3 zone is to designate areas for a medium- to high-density mix of dwelling types and other, compatible, uses. The PCW-R3 zone is intended for


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densely-developed areas or areas that are suitable for high- density urban development because of level topography and the absence of hazards, and because public facilities and services can accommodate a high level of use.

PROPOSAL We believe that the parcel represents an ideal location for much needed high-density housing given it will act as a transition between a cluster of commercially zoned (PCW-C1) parcels and a neighborhood composed of properties designated PCW-R2 (medium density residential). The existing topography is a dune and dished out “back dune” that slopes overall from west to east. This will naturally facilitate underground “tuck-under” parking while maintaining the profile of a 2-story building in order to fit within the character of the community. It has been acknowledged by road’s department, public works, our local utility districts, and the fire department that this property can be fully accommodated for its proposed use.

3.337(4)(e) – 3.334(4)(e): The minimum lot dimensions, yard setbacks, and building height restrictions for structures containing only residential use shall be the same as in the PCW-R3 zone. In the PCW-C1 zone, motels, hotels, and cabin camps shall be considered a commercial use. But for apartments the minimum side yard should be 5 feet; on the street side of a corner lot it shall be no less than 15 feet. 3.337(4)(k): The maximum building height shall be 35 feet, except on ocean or bay front lots, it shall be 24 feet. Bay frontage lots are defined as those bay/river frontage lots located downstream from the Beachy Bridge (Pacific Avenue). 3.337(4)(i): All uses shall meet off-street parking requirements as provided in Section 4.030. Section 4.030: The purpose of requirements for off-street parking and loading areas is to relieve traffic congestion; to ensure customer convenience and safety; to provide safe access to parked vehicles; and to help ensure safe and timely response of emergency vehicles.

PROPOSAL This proposal includes a request for a variance to reduce the setbacks prescribed in Section 3.337(4)(e), to exceed the 24 foot average height limit on bay frontage lots south of Beachy Bridge as prescribed in 3.337(4)(k), and to include on-street parking. Specifically, we are asking to allow an increase in the building’s height of an additional 8 feet. We are asking for a small portion of the western edge of the building to approach within 2 feet of the property line (though the average distance will be approximately 10 feet). Importantly, the standard to maintain a 15 foot setback for residences on a corner lot is maintained at a distance greater than 15 feet for over the first seventy feet of the property corner from the intersection of Pacific Avenue and Sunset Drive. We are also asking to be allowed to develop 2 handicap spaces and 5 additional spaces along Sunset Drive. The 35,000 square foot site is more than adequate to accommodate a building of this size and existing C-1 zoning makes this an appropriate location for the uses associated with a two story apartment building with parking underneath. In consideration of the environmentally sensitive areas on the east side of our property (the riparian setback, the flood plain, marine estuary, etc.) proposed construction is concentrated on a reduced footprint toward the west. In order to provide sufficient parking (beyond the requirements of the county) for tenants, guests, and in particular persons with disabilities it is necessary to construct parking below the first floor, outside the building, and at street level. Importantly, the number of parking spaces required by the county at the size required could be accommodated entirely off-street. However, we believe


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that it is important to provide improvements along Sunset resulting in additional parking spaces to preclude potential congestion on the street and parking along the street in front of our neighbors. We have provided for greater than required room within the off-street parking area to allow vehicles to maneuver safely without internal congestion spilling over into the public ROW. It is imperative that we be able to provide handicap designated spaces on street and at ground floor level to allow meaningful opportunities for physically challenged community members to have opportunities at long-term work-force housing, too. It is both cost-prohibitive and also less safe for ADA tenants to park below, resulting in the necessity (at great expense) of providing an elevator. An elevator will also reduce the amount of available living space for tenants, resulting in smaller dwellings at higher rental rates. The proposed structure includes a gently sloped roof that we feel is necessary for the building to blend in with the existing rural character of the community. The roof as designed is the minimal allowable slope for composition roof tiles rather than using less attractive single ply membrane. The ridgeline of the building will be less than 28 feet above the surface of Pacific Ave. and Sunset Drive (see article 14, Kingfisher Final Section Diagram). Due to the unnatural sloping that was the result of excavation to provide for the current parking area, height calculations for the proposed structure are significantly greater than would be the case prior to the impact. This is meaningful because our building as currently designed has a ridgeline at the same approximate heights as neighbors to the south (where the 24 foot restriction applies) (see article 1, Building Rendering (East) G000) whose properties were still sloped naturally at the time of construction. We are asking for a reduction of 8 feet to the 24 foot height restriction, but were the slopes still in their natural state (continuous with the topography to the north and south and consistent with the natural sloping tendencies of back dune ecology) our building would only require a 4 foot reduction (see article 18, Building Height Illustration). These apartments will appear to be three smaller individual units (defined by jogs in the roofline and exterior walls). They are capped by a simple but elegant pitched roof, shingled on the roof with compositions roof tiles, and sheathed on the exterior walls with cedar shingles. The style has simple, modern lines in harmony with the newer structures south along Sunset Dr. and north along Cape Kiwanda Drive. But the building is also reminiscent of the simple structures of an older Pacific City, form following function using quality materials but with little unnecessary ornamentation. The alternative structure that would nominally comply with the current height restriction would be less than 4 feet lower. It would have frequent and discordant jogs on the west side of the building with a flat and monolithic appearance from the east (thus ‘gaming’ the Tillamook County Average Building Height Calculation). There would be a virtually flat roof, with the necessary parapets, that would be covered in a single-ply membrane rather than the composition shingles. The ceiling heights inside the first and second floor apartments would be greatly reduced, lending itself a ‘shoebox’ quality that is less dignified and less respectful of the tenants we seek to house. It may also be necessary to minimize sound reduction in the floors, and headroom in the parking areas would diminish as well. We do not consider these compromises to be fair, moderate, or appropriate given the requested reduction on the height restriction will have very little to no impact on neighboring viewsheds, access to air, sun, and open space, etc. For these reasons it is architecturally not feasible to achieve a two-story structure that meets the height limitation using the County’s calculation method. Alternatively, a smaller building cannot provide the necessary density to make this project financially viable or socially meaningful per the goal of providing high-density work-force housing to a community undergoing what must be considered a housing crisis.


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SECTION 8.030: A VARIANCE shall be granted, according to the procedures set forth in Section 8.020, if the applicant adequately demonstrates that the proposed VARIANCE satisfies all of the following criteria:

• (1) Circumstances attributable either to the dimensional, topographic, or hazardous characteristics of a legally existing lot, or to the placement of structures thereupon, would effectively preclude the enjoyment of a substantial property right enjoyed by the majority of landowners in the vicinity, if all applicable standards were to be met. Such circumstances may not be self-created.

1] Multiple circumstances conspire to push development of this property toward a concentrated footprint. The flood zone, flood plain, marine estuary, and riparian setbacks dominate the eastern portion of the property making construction westward and upward a better fit. Topographic features, specifically an unnatural dishing that occurred to create the current parking (which lies inside of the riparian setback) artificially skews the proposed building heights to read higher. The majority of landowners in the vicinity enjoy the right to build at the height we are proposing (and well above). Within a 500 foot radius of our property the majority of the buildable lots have a building height restriction of 35 feet. Within a 1000 foot radius over 78% of the buildable lots are able to well exceed the height of 24 feet. With regard to the reduced setback all properties of similar zoning within the vicinity of our building and everywhere in Pacific City can have dramatically reduced setbacks from what we’re proposing. Were we to change our proposed structure to a mixed use building then there would be 0’ setbacks allowable as an outright use. However, we feel that an all-residential building is a more appropriate fit for the character of our neighborhood providing these variances are acceptable. In this light, we do not consider the mixed-use approach to be a reasonable alternative. On-street parking is allowable for all our neighbors regardless of zoning. We ask to make street-side improvements, allowing designated parking spaces to be created more efficiently and safely then would occur on an unimproved gravel shoulder. Most importantly, this is the only reasonable location for meaningfully functional handicap parking spaces. While handicap off-street spaces can be provided within the letter of the law the topographical and spatial restrictions would make them hardly useful for tenants and guests with disability.

• (2) A VARIANCE is necessary to accommodate a use or accessory use on the parcel which can

be reasonably expected to occur within the zone or vicinity. 2] This property is zoned PCW-C1. Multi family dwellings are a conditionally accepted commercial use however for the minimum lot dimensions, yard setbacks, and building height restrictions for structures containing only residential use shall be the same as in the PCW-R3 zone. The purpose of the PCW-R3 zone is to designate areas for a medium- to high-density mix of dwelling types and other, compatible, uses. The PCW-R3 zone is intended for densely-developed areas or areas that are suitable for high-density urban development because of level topography and the absence of hazards, and because public facilities and services can accommodate a high level of use.

This is the optimal designation for high density housing, and the property is appropriately situated to provide a reasonable transition from the less dense residential neighborhood to the south to the commercial properties to the west and north. The impacts on the neighborhood are only those of a residential nature, significantly less than a restaurant, retail establishment, or miniature golf course (all uses permitted outright in this zone).


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In order to achieve a viable project that can accommodate sufficient housing units the building must be sized suitably. While that is achievable without the proposed variances the necessity of building efficiently with a goal toward achieving an attractive building that can accommodate work-force housing rent rates makes the variances necessary. Rather than designing a sprawling building that occupies every available portion of land and nears or impacts the environmentally sensitive ecologies along and outside the riparian area (incurring expenses like flood insurance, elevators, flood zone appropriate construction methods, etc.) it is necessary to build up and provide some handicap and guest parking on Sunset. The building is thusly situated in order to create distance from the riparian area, maximize mitigation and buffering efforts, avoid prohibitive construction costs, and provide a meaningful opportunity for disabled tenants. High-density residential buildings simply do not currently exist in Pacific City. There is an airport, a grocery store, a brewery, bars and restaurants, a bank, post office, hardware store, and so many other of the requisite services that are a necessary part of a functioning community our size. It is not only reasonable to expect there to be high-density residency within this zone and vicinity, it is unreasonable to imagine there aren’t. For the purposes of this project the proposed variances are necessary for us to suitably achieve our goals. Our goals are more than reasonable, they are critically necessary for our community (any community) at this moment.

• (3) The proposed VARIANCE will comply with the purposes of relevant development standards

as enumerated in Section 4.005 and will preserve the right of adjoining property owners to use and enjoy their land for legal purposes.

SECTION 4.005: RESIDENTIAL AND COMMERCIAL ZONE STANDARDS PURPOSE: In all RESIDENTIAL AND COMMERCIAL ZONES, the purpose of land use standards are the following:

• To ensure the availability of private open space; The proposed building is situated to provide the least impact on the private space of our neighbors. In fact, the proposed variances are requested in particular to minimize the impacts on the private open spaces of our residential neighbors. Proposed construction is to be concentrated toward the street intersection where all nearby parcels are designated PCW-C1 zones and away from the PCW-R2 areas of medium density housing. As designed we believe the structure provides sufficient living space and parking for tenants while minimizing development along the southern, eastern, and north-eastern edges of our property. The western and northwestern edges of the property (where development is proposed) is a more appropriate area for the density given its contiguousness with the PCW-C1 zoning and the mitigating factor roads provide on a corner lot.

• To ensure that adequate light and air are available to residential and commercial structures;

The proposed building footprint is focused on the corner of the property that is an intersection of two roads. By focusing the development towards the intersection the impact the building may have on solar gain and air flow is mitigated by the natural separation that occurs with the structures that are on opposite sides of the road. Without the proposed variances, construction may have to shift south and east, potentially having a greater effect on the light and air availability for the medium residential areas south of the parcel. Landscape Plan L001 (article 11) demonstrates that the structure’s access further provides space and buffering to the most immediate residence to the south. Referencing the Illustrated Aerial (article 13) it is apparent that there is sufficient space between structures in all directions.

• To adequately separate structures for emergency access;


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The proposed structure and neighboring structures are adequately separated for emergency access. Chief Oeder of the Nestucca Valley Fire Department has reviewed the site design and has given preliminary approval for access. Per the proposed design and given its postion on a corner lot the structure is accessible by emergency response vehicles on all four sides.

• To enhance privacy for occupants of residences; Privacy for occupants of neighboring residences is not diminished by the proposed variance. The proposed variance actually enhances privacy for occupants of residences by pushing development away from the residential areas. By reducing the required setbacks, our structure is able to create greater space between neighboring residences than would otherwise occur. Additionally, the building is designed to focus views directly west and east. West of the building is a commercial structure that serves as headquarters for an equestrian touring service. This parcel’s primary structure is on the west side of the parcel with primary views to the ocean. East of our building is the Nestucca River. A privacy fence is proposed for the only property edge that shares a boundary with a residence (to the south). Some additional vegetative screening is addressed in the landscape design while much of the existing trees and vegetation along the southern edge will be preserved. Importantly, the view north for our neighbor to the south is not the primary view. Primary views are to the east towards the river. Our structure will have no impact on those views as it will lie entirely outside the frame of reference in that direction.

• To ensure that all private land uses that can be reasonably expected to occur on private land

can be entirely accommodated on private land, including but not limited to dwellings, shops, garages, driveways, parking, areas for maneuvering vehicles for safe access to common roads, alternative energy facilities, and private open spaces;

The proposed structure has been designed to function entirely within the boundaries of the parcel. The eastward sloping nature of the property provides the opportunity to build basement parking without dramatically increasing the height of the building. Area parking is greater than the recommended size (Section 4.030 (2) requires spaces to be 8 feet by 20 feet, our spaces are designed to be 9 feet by 20 feet) allowing for more than sufficient room to turn around, pass vehicles safely, and manage necessary congestion internally without spilling over onto the street. Access (ingress and egress) is proposed to be from Sunset Drive. Although the property is currently accessed from a driveway located on Pacific Avenue, we believe that abandoning that driveway will reduce the significant confusion that occurs at the busy intersection of Kiwanda Drive and Pacific Avenue. Relocating the driveway to the southern portion of our property along the Sunset Drive frontage allows vehicles to enter and exit from a greater distance from the less trafficked (and less confusing) intersection of Pacific Ave. and Sunset Drive. Garbage facilities are on-site and sufficiently sized for the number of potential residents, and located for easy access to our tenants and waste management. Stormwater management can be well accomplished on-site, particularly with the use of a pervious parking area and bio-remediating swales designed to capture and control excess waters during storm events. Efficient and considerate design with regards to the building’s footprint and siting allows for great landscape potential, not only avoiding riparian and estuarine areas but providing opportunity to enhance those areas contributing to greater biological value along the river. Not only are all uses and impacts from this proposed high-density residential structure able to be accommodated within the boundaries of the parcel, but great opportunity to soften the impacts exist due to generous buffering and undeveloped spaces. The design has intentionally shifted the structure towards the portion of the property most topographically optimal for development but also visually the ideal area for concentrating development. This frees up the areas that buffer the residential neighborhood and the areas most visible from the direction of greatest traffic (the intersection at Pacific Avenue and Cape Kiwanda Drive) to be landscaped and beautified, maximizing opportunities for open space.


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• To ensure that driver visibility on adjacent roads will not be obstructed;

Clear line of sight is maintained for drivers on all adjacent roads. Our design has paid strict adherence to the required clear vision area requirements per SECTION 4.010 (5) (b) specifying a minimum distance of 15 feet. Per SECTION 4.010 (4) no planting, fence, wall, structure, parked cars of other obstructions exceeding 30 inches will exist inside the clear vision triangle at the intersection of Sunset Dr. and Pacific Ave.

• To ensure safe access to and from common roads;

We have purposefully relocated vehicular access to this property to Sunset Drive and away from its current location along Pacific Avenue. The new location of Sunset Drive is proposed at the south-west corner of the site. Vehicles currently access the site via a driveway located opposite the intersection of Cape Kiwanda Drive and Pacific Avenue. The location of the driveway regularly causes confusion due to southbound traffic along Cape Kiwanda Drive that does not have a stop sign. Drivers unfamiliar with the intersection tend to stop anyway leading to unnecessary congestion and potentially dangerous conditions. By relocating the driveway, we will reduce unnecessary confusion at the Cape Kiwanda Drive and Pacific Avenue intersection. Our proposed driveway, located away from the busy intersection, is set back from the intersection of Pacific Avenue and Sunset Drive to reduce interference with the drivers negotiating the stop sign. Relocating vehicular access to the site in this way creates a safer and much improved traffic pattern. We are also proposing on-street parking which is located in a way as to maintain safe vehicular access on and off Sunset Drive. The benefits of well-designed on-street parking can be felt at all times, but especially during peak summer season and holiday weekends. During these times parking in Pacific City can feel like a “free-for-all” around town. In areas without street-side improvements impromptu parking is disorganized, inefficient, and unsafe. The proposed improvements are designed to be appropriately set back from the intersection of Pacific Avenue and Sunset Drive, provide adequate room for visibility of oncoming traffic, and allow for safe and easy access into and out of the flow of traffic. The proposed parking configuration is designed to provide sufficient room for vehicles to enter and exit the proposed spaces without inhibiting the regular flow of traffic.

• To ensure that pleasing views are neither unreasonably obstructed nor obtained; Our site plan and building design have been carefully considered in order to prevent impacts on the neighboring view-shed. Existing views from residential lots fronting the estuary (to the north and south) will not be affected by this variance. The proposed structure is set well back from the river, more so as a result of the variance. Thusly, views to the bridge are maintained for the neighboring houses to the south better than a structure that would cover a larger footprint or move eastward. Structures to the west and north have height restrictions of 35’, well above our proposed building height, plus they have the additional feature of sitting on higher ground (this is important to note because it also indicates that the modest gain in height we’re proposing will still have our building significantly less tall than most of the neighboring buildings). From our footprint, the dune raises in elevation several feet toward the northwest. There are two layers of PCW-C1 lots before PCW-R2 resumes. Given the distance of these parcels, the elevation advantage, and the 35’ building height restriction it cannot be said that the requested variances of our proposed structure will have a visible impact on any existing or future structures. The Illustrated Aerial (article 13) demonstrates if and to what degree views are impacted by the proposed construction. We hold that the request for an extension on the height requirements have little further


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effect on neighbors’ views given that where impact occurs it will be peripheral and the functional difference in height nominal. Thusly, the proposed structure has no significant impact on any neighbor’s primary view. This is true with or without variance. The building will be visible from some property’s peripheral views, but it cannot be said to be unreasonable and we hope that any view of our apartment will be ‘pleasing’. In regards to the variance providing an enhanced or otherwise unavailable view for our tenants, this is not the case. Views to the east and west remain essentially unchanged with or without a variance. Were we to have to consider a structure that complies in letter to the 24 foot height restriction, the effect it would have on views is negligible and the least of the negative impacts.

• To separate potentially incompatible land uses; This parcel is the southernmost PCW-C1 parcel in a cluster of PCW-C1 properties. It serves as the transition to a neighborhood of PCW R-2 (medium density residential) and PCW R-1 (low density residential) properties. Our proposed use is an all-residential structure commensurate with the PCW R-3 zoning (high density residential). This use will serve as the most appropriate transition from a commercial zone to a residential zone. There are outright uses available in PCW C-1 zones that we find to be very incompatible with the adjacent PCW-R2 zones (restaurant, bar, used car lot, miniature golf course), particularly for this neighborhood. We believe a 25-unit multifamily building to be very appropriate.

• To ensure access to solar radiation for the purpose of alternative energy production.

All neighbors will have a clear view to the south for potential solar energy production. Particularly because all immediate neighbors (except one residence to the south) have building height restrictions of 35 feet. This building will not obstruct any opportunities for wind collection, either.

• (4) There are no reasonable alternatives requiring either a lesser or no VARIANCE. 4] Our project is meant to provide long term rental opportunities for work-force housing. After years of study we have deemed this property the best opportunity in Pacific City to achieve our goals. The property’s location is the most appropriate for our proposed use; centrally located, easily accessible, and the ideal transition between a small (but potentially expanding) commercial area and a medium density and low density residential neighborhood. The surrounding area has great proximity to mass-transit, walking, and biking. It is feasible that many of our tenants will be able to live in Pacific City without owning a car. We have space provided for bicycles and there is ample opportunity for shopping and recreation without the need of an automobile. With this property there is the opportunity to build out of the floodway, flood zones, and other environmentally sensitive areas. The property is bordered by the Nestucca River to the east and consequently is subject to a riparian setback of 50 feet from the Mean Higher High Water mark of the tidally influenced waters. This area is classified an Estuary Conservation 1 (EC1) zone (TCLUO Section 3.100). We believe there is not only good opportunity to provide much needed housing on this site, but there is also a great opportunity to enhance these sensitive and valuable riparian areas with knowledgeable and purposeful re-vegetation and mitigation. This site could well serve as a strong demonstration of how recreation and riparian enhancement can be successfully interwoven to the advantage of both.


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The floodway, which extends westward beyond the riparian setback further reduces buildable areas particularly as regards building housing intended for anyone but wealthy, seasonal tenants. Building within the floodway requires the upfront costs of constructing with flood resistant materials, and the on-going costs of flood insurance, prohibitive costs when considering attainable housing. This parcel has ample room (as demonstrated) to support a building of this size, maintaining all necessary uses and impacts on-site. However, it is not feasible to construct this building within all of the prescribed setbacks and restrictions of the property given the parameters. The opportunities that exist to have this building seamlessly coexist within a flourishing neighborhood and broader community versus the functional and aesthetic compromises that will have to be made if the application is not approved do not entail a ‘reasonable alternative’. Furthermore, the eastward sloping nature of the parcel makes it ideal to build along the western edge of the property optimizing basement parking that conforms to the natural contours of the land and providing an opportunity to minimize the area of development without sacrificing parking needs for tenants and guest. The farther west, the greater the advantage of distance from potential flooding, height for available parking, space for available landscaping, and enhanced viewshed for neighbors and visitors. In order to accomplish dignified, high-density housing that is affordable for people in Pacific City whose income falls between 80% and 120% of the area median income we need to be able to build enough units without the additional costs (and environmental impact) of building inside the flood zone or requiring our tenants with disabilities the necessity of using an elevator (limiting and potentially dangerous to our tenants, with expensive construction and maintenance costs to the owner resulting in higher rent rates). In order to provide work-force housing we need to work within a tight set of parameters and the least objectionable version requires these variances: An eight foot increase on the 24’ height restriction. A partial reduction in the required setback allowing a portion of the building to approach within 2 feet of the property line. And the ability to provide some parking along Sunset Drive. We can confidently avow that we have considered all possible alternatives to this project with this set of variances and have concluded that there is no reasonable alternative and that these are the least possible variances to achieve our goals. We’d like to note that we have taken great care during the pre-construction process to design a building that not only looks attractive but functions in a way that fits best with the character of our community. Rather than building an ultra-efficient, monumental, single corridor building with small, uniform rooms, low ceilings, and a flat roof we have strived to create comfortable and unique rooms arranged in a manner that encourages a sense of individuality and community. We have worked to create a nice balance between small studios, larger studios, two and three bedroom units, and ADA accessible units in order to encourage a healthy mix of tenants, families, and individuals of varying ages in the hopes that living at Kingfisher Apartments engenders a sense of belonging to a neighborhood, encourages healthy interaction and stability in life. We have collaborated with our local fishermen to design an easement that provides access for the public to our fishing hole at the riverside. And we have reached out to our neighbors preemptively in the hopes of explaining our goals, our values, and our strategy. We have worked diligently to ask for the least amount of latitude in order to create the best functioning structure for our tenants, our neighbors, and our community at large. We genuinely hope that what we’ve created will work for everybody. Section 3.085, Beach and Dune Overlay (BD) – See Engineering Geologic Hazard Review and Dune Hazard Report (article 17) Section 3.106, Estuary Conservation (EC1) & Section 3.108, Estuary Conservation (EC2) – There will be no development with the Estuary Conservation areas.


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Section 4.140, Requirements for Water Quality and Streambank Stabilization – Pursuant to the requirements of LUO Section 4.080, a 50’ riparian setback has been established relative to the Mean High Water Line (MHW). All proposed construction of this project falls landward of this setback with the exception of voluntary riparian mitigation measures (which includes the native-vegetated infiltration swales) and the staircase for general public access to the Nestucca River. Section 3.210, Pacific City Airport Overlay (PAO) – The airport overlay zone for this parcel does not impose any density or height limitations more stringent than the base zoning. This project proposes to adopt a ‘Dark Skies’ policy which in turn will be consistent with Oregon’s Department of Aviation policies for light sources around airports. We are outside the special height zone on the overlay map. Section 4.030, Off street parking and loading requirements – Parking: Tillamook county requires one parking space per unit (25) plus an additional space (1) for the building totaling 26. The applicant has proposed twenty-five off-street parking spaces located under the building and outside the building around the mid-section of the parcel, with an additional seven spaces proposed along Sunset Drive. Of the additional seven spaces along Sunset Drive two spaces will be dedicated to disability permit parking. The importance of providing disability permit parking on-street cannot be overstated. While it is possible to provide such parking off-street within the letter of the law, in order to have a portion of our units meaningfully safe and accessible for people with disabilities there must be parking nearby and on level with the ground floor of the building. A total of thirty-two parking spaces will be added as part of this project. We believe there is ample room between the structures western edge and Sunset Drive ROW to provide combined perpendicular and parallel parking without impeding local traffic and thusly serve to diminish rather than increase congestion. It is critical that our design include not just enough parking to satisfy county requirements but enough parking to satisfy the needs of our tenants and guests so as not to contribute to the already existing issues of congestion inside Pacific City. Off street parking is accessed by a 24-foot-wide common driveway with cross access easement. 4.030(2): Parking stall size; parking stall dimensions are 9’x20’ (greater than the county requirements of 8’x20’ per TCLUO Section 4.030 (2)). Section 6.040, Conditional Use Review Criteria Building a multi-family dwelling exceeding 4 units including apartments is conditionally accepted use for PCW-C-1 zoning (and in cases of all-residential buildings is overarched by PCW-R3 zoning) provided the applicant can address the following criteria:

• The use is listed as a conditional use in the underlying zone It is.

• The use is consistent with the applicable goals and policies of the Comprehensive Plan. “The purpose of the PCW-C1 zone is to permit a moderate level of commercial activities to serve the commercial needs of neighborhoods, rural areas, and tourist areas.” Pacific City boasts a grocery store, a dozen or more restaurants, four bars, multiple hotels, great parks large and small, a bank, a post office, and all the other services one could expect from a small but independent community. The one element missing entirely is an apartment complex.


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There is not a single multi-family structure available for long-term rental greater than five units anywhere in Pacific City! One of the most fundamental contributions to a town’s livability is currently completely and totally unaccounted for. We believe that currently there is no greater need in our community than for long-term rental opportunities for our local work-force. Our neighborhoods need their teachers and law enforcement to be able to afford a place to live locally. Our rural areas need the ability to house farm hands and other employees locally. And our tourist areas require people to provide services and those people need homes they can afford locally. “The purpose of the PCW-R3 zone is to designate areas for a medium- to high-density mix of dwelling types and other, compatible, uses.” We believe that our parcel, bordered on one side by PCW-C1 properties and on the other side by PCW-R2 and PCW-R1 properties is uniquely and optimally situated to provide high-density housing.

• The parcel is suitable for the proposed use considering its size, shape, location, topography, existence of improvements, and natural features We believe there is no parcel of land in Pacific City more suitable for this much needed purpose. The bench-like topography of the site with a reasonably flat area to the west, sloping eastwardly toward the river provides a unique opportunity for a building of this nature. Such topography allows us to build on the naturally flat area to the west, while taking advantage of the eastward slope to provide basement parking allowing development to concentrate away from the environmentally sensitive riparian and estuarine areas. There is suitable space for necessary parking and all the supplementary services required of a multi-family structure, i.e. waste management, emergency responder access, etc. The location is uniquely central to all areas of commercial activity in Pacific City. It is walking and biking distance to the grocery store, all of the area restaurants, public transportation, the bank and the post office. It is also situated precisely between a cluster of PCW C-1 zoned parcels and a PCW R-2 medium density/PCW R-1 low density residential neighborhood resulting in the ideal high density residential location to provide buffering between these not-highly compatible zones. Additionally, the scale of the project is proportional with the already existing activities in the neighborhood. On Sunset Drive alone there are first homes, second homes, vacation rentals, commercial enterprises, Bob Straub State Park, the boat launch on Sunset Drive (less than a mile south with nearly 100 parking spaces for visitors and anglers). Furthermore, thoughtful parking and transportation do not necessitate significant road improvements and actually have the potential to reduce traffic issues that exist at the intersection of Pacific Avenue and Cape Kiwanda Drive. By taking advantage of the optimal topography and location we believe it is possible to construct a very effective building that minimizes impact on our neighbors and on the river, while remaining attractive and very functional should the aforementioned variances prove acceptable.

• The proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs, or prevents the use of surrounding properties for the permitted uses listed in the underlying zone

Pacific City is divided into multiple residential neighborhoods and a few commercial clusters and corridors. In the immediate vicinity of our proposed projects are a hardware store, an airport, a


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real estate office, a hang gliding school, horse stables and an equestrian touring company, vacation homes, short term vacation rentals, single family homes for full time residents, state parks, popular beach access, and much utilized boat launches. We believe that the conditional use we are proposing impacts our neighbors and neighborhood positively. Nearly all the elements of a healthy community exist in this neighborhood and are enhanced by even more services in the immediately surrounding area (groceries, post office, bank, restaurants, bars, etc.). The one major element missing from this neighborhood and the community at large is high-density multi-family housing. The inevitable impacts that are the result of a high-density residential building are far less than most of the uses that are outright acceptable for this underlying zone. The resultant traffic, noise, and light pollution from a well-designed multi-family structure are significantly diminished relative to a restaurant, retail facility, or bar. By relocating vehicular access from the current driveway on Pacific Avenue to Sunset Drive we are actually improving regular traffic patterns by moving the property’s visitors away from the busy and confusing intersection at Pacific Avenue and Cape Kiwanda Drive. We have designed the parking area to be more spacious than required by county code in order to assure that all congestion can be accommodated on site, and traffic can enter and exit the property safely. Architecturally, we have asked for an extension of the maximum building height restriction in order to facilitate a gently sloped roof of composite shingles rather than a flat roof covered in single-ply membrane. We believe the low-pitched roof building sheathed in cedar shingles compliments the look and style of Pacific City, appealing to both historical and modern architectural elements in our community. We have also designed an extensive landscape emphasizing native plants particular to the unique ecologies of our property (estuarine, riparian, back dune). Included in our landscape design are plants chosen strategically to enhance and invite toward spaces where we intend to accommodate the public, and denser plantings intended to provide additional privacy for our neighbors. We are looking to minimize the areas of asphalt to contribute toward a minimized sense of development. And we are limiting outdoor lighting to areas where it’s essential; down shielded and low kelvin so as to reduce light pollution as much as possible. Our structure in its proposed form in no way prevents our neighbors, future or existing, from exercising their ability to use their properties by their permitted uses according to their underlying zone be they commercial or medium density residential.

• The proposed use will not have detrimental effect on existing solar energy systems, wind energy systems, or wind mills It is not evident that any of the neighbors are using solar or wind generated energy systems. Regardless, all neighbors (present and future) will have a clear view to the south for potential solar energy production should they decide to install a solar system. Presumably, wind generated systems will rely on the westerly prevailing winds and we lie to the west of no immediate neighbors. Our structure will not have any wind-blocking effect on our neighbors, present or future. This development in no way hinders our neighbors’ opportunities to harvest sun or wind for energy. The issues of access to wind and solar collection opportunities runs parallel with the issues of views and access to open space. The fact that our project (as designed with the requested variance) should in no way hinder the alternative energy collection opportunities of our neighbors is a further demonstration that views and open space impacts are minimal, too.

• This proposed use is timely, considering the adequacy of public facilities and services existing or planned for the area affected by the use


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The property is situated in an area where there are multiple existing services available. We have confirmed the availability of all necessary utilities and services. Pacific City Joint Water- Sanitary Authority has released a letter confirming the availability of water and sanitary services. The Tillamook People’s Utility District has confirmed the availability of electrical service. Chief Oeder of the Nestucca Rural Fire Protection District has reviewed the site design and raised no objections. It is also confirmed by the Nestucca Valley Sanitary Service that their services are available to our future tenants. We have endeavored to engage all the necessary service providers in order to ensure that no potential problem is overlooked. We can confidently say that the subject property is well located for easy access to all the services a multi-family unit requires.

Conclusion The applicant is requesting approval of the proposed multi-family structure including the variance necessary to make this a dignified and attainable structure. The variance we have requested contributes crucially to the dignity of the living conditions and demonstrates a respect for our future tenants. The request for on-street disabled permit parking enables us to provide meaningfully accessible housing for the members of our community who require those special accommodations to live and function normally. Allowing the reduced setbacks enables us to build gracefully yet efficiently, delivering comfortable and beautiful living spaces that are attainable for working people. The request for an extension of the maximum height restriction enables us to build units with higher ceilings on both floors. Providing work-force housing that doesn’t feel like a shoebox is an important element towards housing community members whom enhance the character of the neighborhood rather than detract from that character. The dignity and respect accorded our tenants ensures that our building will house happy, stable, and contributing members of our community. It may be argued that asking for the reduction in the height restriction and setbacks is just a means to build apartments that can rent at higher rates. We have included the preliminary rent schedule for all our apartments to demonstrate precisely what is meant by charging 80%-120% of area median income (see Preliminary Schedule of Rents - article 15). We are contractually and morally obliged to provide our units at these prices. The goal is not for increased revenue, rather increased dignity and respect for the people we seek to serve. For these reasons, above all else, we believe this project will not only fit with the character of our community and comply with the goals and policies of the Comprehensive Plan but enhance our community and fulfill many of the goals and policies of the Comprehensive Plan. The Pacific City/Woods Vision Statement and Background states that it; • values its unspoiled beaches, estuary, and rivers (our project embraces those values and is

designed to honor and protect those valuable natural resources) • values friendliness, diversity, and privacy (our design focuses on a structure that engenders those

values) • welcomes new residents, visitors, and new ideas, yet retains and values the contributions of longer-

term residents (our project hopes to provide dignified housing for longer-term residents who despite their many years here still suffer from housing insecurity)

• preserves a quiet, uncongested atmosphere (we believe our building is designed to be highly efficient with an emphasis towards minimum development in order to maintain maximum open space. Alternative forms of housing will result in proportionately more congestion for equal numbers of housing opportunities)

• offers diverse housing options (Yes!)


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• acknowledges the needs and contributions of its senior citizens (think attainable, accessible, and dignified first floor housing)

• grows at a rate that is commensurate with the capacities of sewer and water systems (see article 16 PCJWSA Letter of Available Water and Sanitary Services)

• grows deliberately (slowly, moderately) and thoughtfully, so it retains its unique characteristics, natural environment, and livability (we believe our project to be a thoughtful and moderate contribution that honors the character of the community, its livability, and the natural environment)

• hopes that people with competing interests can coexist and share common goals (like dignified work-force housing!)

• works to encourage the participation of its citizens planning for its future (this project is the collaboration of South County and Pacific City citizens, with input and advice from all sectors of our community)

The applicant is requesting approval of the proposed multi-family structure including all variances necessary to make this a dignified and attainable structure. We feel that all applicable Land Use Ordinance criteria have been addressed and satisfied, therefor approval is not only justified but critical. More importantly, we have actively sought out community involvement in planning and designing this project to provide the best model that supports the most members of our community. We firmly believe this is true for those who use the river’s edge for fishing, those who share our streets, and those who work in our school district, fire district, law enforcement, and all other services who are in need of a place to live. We have worked hard to develop a structure that meets the highest and best use of this special parcel. We are confident that this will provide a meaningful and attractive component to a great town in great need.

R. Warren Krager, R.G., C.E.G.

Consulting Engineering Geologist

Oregon CEG #E957

Washington LEG #314

10655 S.W. Park Street ● Tigard, Oregon 97223 ● Phone 360-903-4861● Email [email protected]

February 25, 2020

Kevin Shluka 503-812-0599 [email protected] Re: Engineering Geologic Hazard Review and Dune Hazard Report

Proposed Kingfisher Apartments Map 04S 11W 25AA, Tax Lot 800 Pacific City, Oregon

Kevin Shluka

As you requested, I am pleased to submit my engineering geologic hazards review and dune

hazard report for the above referenced property.

Introduction

This geologic hazard report has been prepared in general accordance with the requirements of

Tillamook County Beach and Dune Overlay Ordinance article 3.530. This engineering geologic

evaluation included review and update of engineering geologic site conditions described in a

2010 Chinook GeoServices Inc. (CGI) report for this property prepared for a previous owner.

The author, R. Warren Krager, R.G., C.E.G. (Oregon Licensed Engineering Geologist E-957)

was employed by Chinook Geoservices Inc. and assisted in preparation of the 2010 CGI report.

CGI closed in 2012. It is my understanding that you have hired Geotech Solutions, Inc. to

review the previous geotechnical site information and to provide current subsurface exploration

and geotechnical engineering design consultation for the Kingfisher apartment project.

My scope of work but did not include a recent site reconnaissance visit or re-evaluation of near

surface soil. The scope work did include review of other background coastal and geologic

hazard information that was unavailable in 2010. This review information included aerial

photography, and public and government information websites. In preparing this report, the

following geologic reports, maps, aerial photos and other information were reviewed:

• Chinook GeoServices, Inc. Geotechnical Engineering Report and Dune Hazard Report,

Nestucca Landing Mixed Use Project, Southeast of Pacific Avenue and Sunset Drive

(South Nestucca Blvd), Tax Lot 800 Map 4S-11-25AA, Pacific City, Tillamook County,

Oregon, dated December 22, 2010, Report 072-1, prepared for Scott Edwards

Architecture LLP.

• Environmental Geology of the Coastal Region of Tillamook and Clatsop Counties,

Oregon, Oregon Department of Geology and Mineral Industries (DOGAMI), Bulletin 74,

1972.

• Preliminary Geologic Map of the Nestucca Bay Quadrangle, Tillamook County, Oregon,

United States Geologic Survey (USGS), Open File Report 90-202, 1990.

mailto:[email protected]

Proposed Kingfisher Apartments, Tax Lot 800, Pacific City, Engineering Geologic Site Investigation Report

February 25, 2020 Page 2 of 13 _____________________________________________________________________________________________


• Evaluation of Coastal Erosion Hazards Zones Along the Dune and Bluff Backed

Shorelines in Tillamook County, Oregon, DOGAMI Open-File Report O-01-03, by

Jonathan C. Allan and George R. Priest, 2001.

• Oregon Beach and Shoreline Mapping and Analysis Program: 2007-2008 Beach

Monitoring Report, DOGAMI Open-File Report O-08-15, by Jonathan C. Allan and Roger

Hart, 2008.

• National Assessment of Shoreline Change: Historical Shoreline Change Along the

Pacific Northwest Coast, USGS Open File Report 2012-1007

• Oregon Beach and Shoreline Mapping and Analysis Program (OBSMAP), Northwest

Association of Networked Ocean Observing Systems (NANOOS). This program

documents the spatial variability of beach change at various time scales (i.e. seasonal,

multi-year and long-term changes) for Pacific Northwest estuaries and shores.

• Beaches and Dunes of the Oregon Coast, USDA Soil Conservation Service and Oregon

Coastal Conservation and Development Commission, 1975.

• Pacific City Foredune Management Plan: Background Report, prepared for the Pacific

City Beachfront Homeowners Association, by Shoreland Solutions, 1998.

• DOGAMI LIDAR Viewer, accessed online February 22, 2020.

• Google Earth aerial photographs of the Pacific City, Oregon area, photo dates: August

29,1994, July 29, 2000, June 29, 2005, December 12, 2005, August 1, 2011, July 6,

2012, July 30, 2014, August 23, 2016, and June 22, 2017.

• United States Department of Agriculture (USDA) Natural Resources Conservation

Service (NRCS), Web Soil Survey: http://websoilsurvey.nrcs.usda.gov/.accessed online

November 22, 2017.

• Schematic design architectural plans from Jones Architecture for Kingfisher, Pacific City,

dated January 23, 2020, provided by client as file 19020 KINGFISHER 20200123 SD

SET.pdf.


February 25, 2020 Page 3 of 13 _____________________________________________________________________________________________


Site Description

The subject property is located directly southeast of the intersection between Pacific Avenue

and Sunset Drive. The property is identified as Tax Lot 800, 4S-11-25AA in Tillamook County,

Oregon. The property boundaries are irregular in shape, but the property is generally

rectangular and approximately 140 feet by 200 feet in plan dimension. The site is bounded by

Pacific Avenue on the north, Sunset Drive on the west, the Nestucca River and shoreland on

the east, and a developed single-family residential property on the south. The site location is

shown on Figure 1.

The subject property is located on a south trending coastal sand spit between the Pacific Ocean

and the Nestucca River in Pacific City, Oregon. At Pacific City near the Pacific Avenue bridge

over the Big Nestucca River, the spit has been reduced in width by stream bank erosion at an

outside bend in the river. The width of the spit narrows to approximately 800 feet between river

and ocean in this location, depending river level and height of tide. The spit was breached for a

short period in the late 1970s as reported in the Pacific City Foredune Management Plan

background report.

Figure 1- Portion of Tillamook County Tax Lot Map 4S11W25AA,

The Nestucca River is located at the eastern margin of Tax Lot 800. The river flows south into

the Nestucca Bay and enters the Pacific Ocean approximately 3.5 miles south of the subject

property. Adjacent to the eastern side of Tax Lot 800, the river gradient is low and the flow is

influenced by tidal ebb and flood.

Subject Property


February 25, 2020 Page 4 of 13 _____________________________________________________________________________________________


On the western side of the spit, the Pacific Ocean lies about 950 feet west of Tax Lot 800.

Pacific Avenue becomes a public beach access point just west of its intersection with Sunset

Drive, near the crest of the beach foredune. Between the active beach and the subject

property, there is an undeveloped Tillamook County recreation area parking lot and an existing

commercial property that offers horseback riding. Most of this area closest to the northwest

corner Tax Lot 800 consists of open dune and beach sand with some managed dune grass

patches.

Tax Lot is currently vacant at this time except for a parking area that is used by bank fisherman

to access the west bank of the Big Nestucca River. There is a paved parking area and driveway

in the northeast area of the site. The 2010 CGI report suggests that the site was once

developed with fishing cabins or apartments. An employee of the Pacific Water and Sanitary

department reported at that time, indicated that an abandoned sewer line may extend onto the

site from Sunset Drive. During the 2010 work CGI staff did not report observing remnants of

previous development.

Photo 1 – Google Earth aerial view, June 22, 2017.

Vegetation

The subject property is vegetated predominantly with tall dune and other grass, scotch broom,

and shore pines scattered throughout the site. A cluster of small pines is present in the

northeast corner of Tax Lot 800. In 2010 the vegetative groundcover was relatively thick, with

no dune sand exposed. In undisturbed areas, the ground surface of Tax Lot 800 had trace

organic needle duff and dead grass decomposing at the ground surface among the dune grass

root zone.

Subject Property


February 25, 2020 Page 5 of 13 _____________________________________________________________________________________________


Figure 3 - Topographic conceptual site plan, Jones Architecture drawing.

Topography

The elevation tool on the Google Earth website shows maximum elevation of Tax Lot 800 to be

approximately 27 feet above mean sea level (MSL) along the western margin of the lot adjacent

to Sunset Drive. Topography provided in the Jones Architecture schematic site plan, shown in

Figure 3, confirms maximum elevation of ground surface at 27 feet above sea level near the

western property boundary. The lowest site elevation is along the eastern margin at the bank of

the Big Nestucca River. Except for the existing fishing access parking lot which occupies a level

terrace near the northeast corner of the lot, topography generally slopes down to the east at

relatively mild grades. The crest of the bare sand foredune at the Pacific Avenue public beach

access, about 330 feet west of Tax Lot 800, reaches an elevation of approximately 40 feet

above MSL. The grass covered foredune crest on the vacant lot directly west of the Tax Lot

800 is about 55 feet above sea mean level.


February 25, 2020 Page 6 of 13 _____________________________________________________________________________________________


Soils and Geologic Setting

Soils mapped in the project area by the United States Department of Agriculture (USDA),

Natural Resource Conservation Service Web Soil Survey (http://websoilsurvey.nrcs.usda.gov)

consist of Waldport fine sand 0 percent to 12 percent slopes. This soil formed from eolian (wind

transported) sands and is found in dunes on marine terraces. A typical 60-inch soil profile

consists of slightly decomposed plant material in the upper inch, underlain by fine sand to a

depth of 60 inches. The Waldport fine sand in this area differs little from the active seasonal

dune sand in density, drainage, or textural classification.

The Oregon Department of Geology and Mineral Industries (DOGAMI) 1972 Engineering Geologic

Map of the Hebo Quadrangle, Oregon, shows the geomorphic position of the subject property on

the distal landward projection to a coastal bay mouth sand spit between the Pacific Ocean and

the Nestucca River.

Figure 4 – Pacific City portion, Geologic Map of Hebo Quadrangle, (DOGAMI), Bulletin 74,

1972.

Pacific City, Oregon is located within an area mapped as geologically recent beach sand (bs),

which is described as an unconsolidated surficial active beach sand. Dune sands are included in

this mapping unit. The USDA’s “Beaches and Dunes of the Oregon Coast” classifies the dune

conditions on the Nestucca Spit mostly as Active Foredunes (FDA). Active foredunes are

described as a growing barrier ridge of sand immediately above the high tide line paralleling the

beach.

Site Location

http://websoilsurvey.nrcs.usda.gov/


February 25, 2020 Page 7 of 13 _____________________________________________________________________________________________


Figure 5 – Sand Dune Map, Pacific City, Beaches and Dunes of the Oregon Coast, USDA Soil

Conservation Service and Oregon Coastal Conservation and Development Commission, 1975.

Within the mapped FDA zone lies a small mapped area of dune classified as recently stabilized

foredune, FD. This area is mapped in the immediate project area at the west end of the Pacific

Avenue bridge, as shown in Figure 5.

Ocean Shoreline Conditions

During the Miocene age, volcanic flows of basalt intruded the softer marine sediments at various

locations along the coast. As subsequent erosion and uplift occurred through geologic time the

less resistant sedimentary rock eroded away leaving resistant basalt or sandstone headlands.

These headlands disrupt the longshore transport of sand along the coast and form discreet

segments of shoreline known as littoral cells. The Neskowin littoral cell is located between

Cape Kiwanda (sandstone) on the north and Cascade Head (basalt flows) to the south.

The Nestucca Spit has long undergone a dune building phase, interspersed in time with sudden

erosion events. These rapid erosive events are caused by high intensity storms during El Nino

and La Nina climatic events, such as those of 1982/83, 1997/98, and 1998/99 and more recently

from severe winter storm events, such as 2088, and 2017. Winter storm frequency and intensity

has generally increased recently which has caused a phase of net erosion of the lower

elevations of the foredune and intertidal beach along the Neskowin littoral cell particularly at

Cape Kiwanda.


February 25, 2020 Page 8 of 13 _____________________________________________________________________________________________


The Northwest Association of Networked Ocean Observing Systems (NANOOS) and DOGAMI

have developed the Oregon Beach and Shoreline Mapping and Analysis Program (OBSMAP),

which documents the spatial variability of beach change at various monitoring station locations.

Based on air photo measurements it appears that the NANOOS Neskowin Profile 14 is about

600 feet to the northwest of the subject site.

Figure 6 – NANOOS, Neskowin Beach Profile 14.

The profile in Figure 6 provides perspectives of long term beach and foredune accretion

between the 1997/98 El Nino event and January 2020. Nestucca Spit has experienced a minor

loss of material from the beach and a net gain of material in the higher foredune. Based on the

profile, the crest of the foredune has remained in the same general geographic position and

gained 5 to 10 feet in elevation. The base of the foredune appears to have advanced

approximately 20 feet toward the ocean since October,1997.


February 25, 2020 Page 9 of 13 _____________________________________________________________________________________________


Figure 7 - NANOOS, Neskowin Profile 14, EDA plot.

The excursion distance analysis (EDA) chart shown in Figure 7, displays net erosion or

accretion of the beach and foredune by plotting the response of the beach profile at different

contour elevations over time. The lower elevation, 3-meter and 4-meter plots on the right in

Figure 7 show significant variability from year to year. For example, in 2006 there was a brief

spike in deposition on the beach, which was followed by significant erosion the following year.

This represents typical season summer sand accretion and winter storm erosion, as would be

expected for this cell. Long term trends of erosion or accretion are not particularly evident at the

lower elevation active beach level.

The recently stabilized foredune, FD, or conditionally stable foredune position of the beach

profile is represented by the 5-meter and 6-Meter plot on the right side of Figure 7. These show

significantly less seasonal or annual variability and do indicate long term trends. Plotted lines

that deviate to the left of the vertical zero line indicate net erosion over time. Plot lines leaning

to the right of the zero line like the two plots to the right in Figure 7, indicate sand active

accretion and dune building. This data suggests a significant erosion event in 2017, and since

then beach accretion and foredune building have increased significantly at Neskowin 14. In

comparison, the Neskowin 15 profile, to the north near Cape Kiwanda has experienced

significant foredune erosion in the recent months, as shown in Figure 8 on the following page.


February 25, 2020 Page 10 of 13 _____________________________________________________________________________________________


Figure 8 – Comparison of Neskowin 14/ Neskowin 15 long term change.

.

Neskowin 14 Change Trend

Neskowin 15 Change Trend


February 25, 2020 Page 11 of 13 _____________________________________________________________________________________________


It remains to be seen if the long term foredune accretion trend continues at Neskowin 14, or

whether the 2017 erosional event at Neskowin 15, and the ongoing erosion at Cape Kiwanda

marks a change or nick point in oceanic, shoreline and beach and dunes response to changing

climate.

In DOGAMI Open-File Report O-01-03, Tax Lot 800 is mapped outside the Coastal Erosion

Hazard Zones as defined by this study. It is important to note that the several worst-case

scenario factors such as severe storms, higher than average tides, sea level rise, and other

factors were combined to define this erosion hazard. The report states that the likelihood of the

occurrence of the combination of factors that define the high hazard zone is extremely low.

Seismic Hazard Considerations

The principal seismic geologic hazard concern for the project and throughout western Oregon is

the Cascadia Subduction Zone (CSZ). This zone of tectonic plate convergence in the Pacific

Ocean seafloor occurs about 50 to 60 miles off the northern Oregon coast. This compressive

tectonic plate convergence zone is a global scale thrust-fault, capable of some of the strongest

known earthquakes. This fault interface between the tectonic plates is considered locked and

building increasing pressure and strain. When this locked fault moves or shifts and

simultaneously releases the accumulated energy, a strong earthquake can result.

A widespread rupture of the CSZ would produce massive global scale earthquakes that will

cause violent ground shaking and destruction region wide. Geologic and geophysical research

over the past few decades has established that the CSZ has repeatedly produced large

earthquakes on an approximately 250- to 650-year recurrence interval with some lesser or

greater time intervals between past earthquakes. Historic Japanese tsunami records and

modern tree ring dating techniques have been used to calculate that the most recent CSZ Zone

earthquake occurred of the Oregon coast in January of 1700 AD. This last CSZ earthquake,

320 years ago, represents a greater recurrence interval than some of the geologically recorded

previous earthquakes on this fault zone.

The next CSZ earthquake is widely expected to occur within many of our lifetimes. Scientists

and engineers generally agree that the potential intensity of the next CSZ earthquake could

potentially exceed magnitude 8.5 to 9.5. The duration of strong ground shaking could exceed

several minutes and may be followed by days or weeks of strong aftershocks.

During a CSZ earthquake, the subject property will very likely experience a few minutes of very

intense ground shaking. The undersea thrust fault displacement will cause an ocean tsunami

that will arrive at the Oregon coast about 20 to 30 minutes after the strong earthquake strikes.

The subject home is within the expected tsunami inundation zone. Tsunami evacuation route

planning and preparation, and practice of emergency drills, should be considered for any

dwelling or business within the tsunami inundation zone.


February 25, 2020 Page 12 of 13 _____________________________________________________________________________________________


The previous geotechnical exploration and evaluation determined that Tax Lot 800 would

experience soil liquefaction and possible loss of foundation support during a subduction zone

earthquake. Liquefaction occurs when saturated deposits of loose to medium dense,

cohesionless, fine-grained soils, generally sands and sand-silt mixtures, are subjected to strong

earthquake shaking. If these deposits are saturated and cannot drain rapidly, there will be an

increase in pore water pressure. With increasing oscillation, the pore water pressure can

increase to the value of the overburden pressure. The shear strength of a cohesionless soil is

directly proportional to the effective stress, which is equal to the difference between the

overburden pressure and the pore water pressure. Therefore, when the pore water pressure

increases to the value of the overburden pressure, the shear strength of the soil reduces to

zero, and the soil deposits turn to a liquefied state. Potential ground surface response could

include severe settlement, rupture or lateral spreading, a form of seismic slope failure that

occurs toward a free slope face or a sloped area because of liquefaction. It is expected that the

project Geotechnical engineering consultant will further address liquefaction concerns and

potential mitigation through foundation design.

Conclusions

Tax Lot 800 is mapped in a zone of recently stabilized foredune sand deposit with well-

established grasses, bushes and pine trees and incipient soil development. The property is

protected from direct ocean erosion by its distance from active the active shoreline beach on the

opposite, western ocean shore of the Nestucca Spit. I do not discern information in available

dune and coastal erosion monitoring and other studies that indicate Tax Lot 800 and the

proposed Kingfisher Apartments would be impacted by coastal erosion or active dune

encroachment in the foreseeable future.

It is my professional opinion that the subject property may be reasonably protected from ocean

shoreline erosion or critical dune encroachment for 50 years or the design life of the project.

The subject property and apartment building home would have relatively high seismic risk.

Severe ground shaking, potential liquefaction, surface subsidence or lateral spread and tsunami

inundation are all seismic risks for Tax Lot 800. These risks cannot be completely mitigated but

can be managed to a tolerable level by thoughtful engineered design of foundation and site

grading. Such structural design considerations according to the 2014 Oregon Structural

Specialty Code are considered appropriate for risk management of geologic and seismic

hazards for this project.

Limitations

The engineering geologic services performed for this project have been conducted with that

level of care and skill ordinarily exercised by members of the profession currently practicing in

this discipline and area under similar budget and time constraints. No warranty, expressed or

implied, is made regarding the interpretations and conclusions of this report. I would be happy

to discuss any of the information other engineering geologic services or that may be important

for your project.


February 25, 2020 Page 13 of 13 _____________________________________________________________________________________________


This report may be used only by the client and their authorized agents for the purposes stated,

within a reasonable time from its issuance. Land use, site conditions (both on- and off-site), or

other factors may change over time and could materially affect the findings. In my opinion this

report should not be relied upon after 24 months from its date of issue. If the project is delayed

by more than 24 months from the date of this report or other unanticipated site conditions are

encountered, I would happy to review site and design conditions and revise this report as

appropriate.

If you have any questions regarding the information presented in this report, please do not

hesitate to contact me at 360-903-4861 or [email protected].

Sincerely,

R. Warren Krager, R.G., C.E.G.

Oregon Licensed Engineering Geologist E-957

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