1. LUR 00-00414 CU MS EN EV AD Powell Butte Conditional Use Master Plan (as approved by the Land Use Hearings Officer) Water system improvements Seismic upgrades to the existing underground water storage reservoir. Construct two new underground reservoirs on the Butte. Construct two new conduits to the new 50 mg reservoir (water supply from Bull Run and emergency overflow to Johnson Creek). Construct a conduit connecting the 20 mg reservoir to the regional water supply system. Construct a new pump station and hydropower generator. Park improvements Construct five new trails and close and revegetate several unauthorized trails. Construct a grass amphitheater for an outdoor teaching area near the existing parking area. Replace the caretaker’ home. Construct a 5,000 square-foot maintenance building and a 40,000 square foot storage area. Construct an information kiosk. Pave the upper gravel parking area. Modify restroom facilities to comply with ADA standards. Designate a 100+-acre area in the southeast of the park for wildlife. Restrict visitor access. Mitigation Improvements (Environmental Violation) Remove Himalayan Blackberry and English Ivy from five areas south and east of the Park and north of Johnson Creek. Plant native trees, shrubs, and groundcover. Construct split-rail fence and information kiosk east of the Park boundary in Site 4 Middle. Remove small shed from Site 2.

2. History Application made July 2000 Application complete April 2002 Hearing before Land Use Hearings Officer May 2002 Decision July 2002 Appeals made by Pleasant Valley and Centennial Nieghborhood Associations July 2002 Appeal hearing before City Council October 2002

3. Appeal Issues Pleasant Valley Neighborhood Association  Noncompliance with Zoning Code Chapters 33.815 (Conditional Uses) and 33.820 (Conditional Use Master Plans)  Adjustment to tree removal regulations should be limited to species on the Nuisance Plant List.  Noncompliance with 33.430.250.G.2(b) for Environmental Violation review.  Noncompliance with 33.430.250.A.1(c) for Environmental Review for Master Plan development.  Would like reinclusion of the Mitigation Bank into the Master Plan (removed by the Land Use Hearings Officer). Centennial Neighborhood Association  Violation of 33.820.050.A-D because there is no mention of a water treatment plant for Phase I.  Noncompliance with 33.805.040 for tree removal.  The proposed maintenance yard size and location is not justified.  Oppose the use of herbicides for vegetation removal.

4. Approval Criteria (for Plan elements approved by the Land Use Hearings Officer) Code SectionReview 33.815.100Uses in the Open Space Zone (Conditional Uses) 33.815.230Rail Lines and Utility Corridors (Conditional Uses) 33.820.050Conditional Use Master Plans 33.430.250.A-C, E-GEnvironmental Review Approval Criteria 33.805.040Adjustments Goal 6Transportation Element of the Comprehensive Plan

5. Site Location in the City

6. Powell Butte and Surrounding Area SE Powell Boulevard SE Foster Road Springwater Line Johnson Creek SE 136th Avenue SE Jenne Road SE 174th Avenue

7. General Zoning

8. Master Plan Site Boundaries and water supply projects

9. Main Entrance at SE 162nd Avenue and SE Powell Boulevard

10. Neighborhood to the North of Powell Butte

11. Entry on the North Side of Powell Butte Park

12. Northwest Corner of Powell Butte

13. View of Neighborhood West of Powell Butte

14. Park Entry on the West Side

15. Southwest Corner of Powell Butte

16. Newly-Acquired Property on the South Side of Powell Butte

17. Residence on the South Side of Powell Butte

18. Springwater Trail and South Side of Powell Butte

19. East Side of Powell Butte

20. Commercial Development Northeast of Powell Butte and Residential Development Beyond

21. Powell Butte Park Entry

22. Water Reservoir Development Seismic upgrades to the existing reservoir New 50 million gallon reservoir west of the existing one New conduits to the new reservoir New 20 million gallon reservoir New pump station/hydropower generator

23. Existing 50 Million Gallon Reservoir

24. Reservoir Above-Ground Structure

25. Proposed 50 Million Gallon Reservoir Location

26. Proposed 20 Million Gallon Reservoir Location

27. Pipeline Location for the 20 Million Gallon Reservoir

28. Pump Station/Hydropower Generator Location

29. Pipeline Right-of-Way East of Powell Butte Park

30. Pipeline Right-of-Way East of Powell Butte

31. Outfall Structure

32. Park Improvements Five new trails, close and revegetate several trails Grass amphitheater New caretaker’s home Maintenance building and storage area Rebuilt parking area Remodeled restrooms Restricted wildlife area Invasive tree removal (Adjustment)

33. Parking Lot Amphitheater Maintenance Facility Major Above Ground Facilities main entrance Restrooms Caretaker’s Residence

34. Parking Lot and Proposed Amphitheater Location

35. Existing Horse Trailer Parking Lot and Residences Beyond

36. Caretaker’s House to be Replaced

37. Restroom Facilities to be Upgraded

38. Unimproved Trail

39. “Volunteer” Trail Branching Off Main Trail

40. Invasive Hawthorne Trees in the Meadow

41. Environmental Violation and Adjustment Remove Himalayan blackberries and English ivy Plant native trees, shrubs, groundcover Construct fencing Remove shed (all mitigation actions are completed)

42. Pipeline Area of Tree Cutting Environmental Violation and Adjustment Request Powell Butte Park Johnson Creek SE Jenne Road

43. Pipeline Right-of-Way East of Powell Butte Park

44. Johnson Creek Adjacent to the Pipeline Right-of-Way

45. Pipeline Right-of-Way

47. Appeal Issues and Hearings Officer Response  Noncompliance with Zoning Code Chapters 33.815 (Conditional Uses) and 33.820 (Conditional Use Master Plans) No specific details were given as to why the decision does not comply. The Hearings Officer decision details how all approval criteria for the Conditional Use and Conditional Use Master Plan are met.  Adjustment to tree removal regulations should be limited to species on the Nuisance Plant List. No reason was given as to why tree removal should be limited to nuisance species. Findings of the Hearings Officer concluded that removal of non- nuisance species was appropriate and necessary in order to develop water facilities on the Butte (particularly the pump station).  Noncompliance with 33.430.250.G.2(b) for Environmental Violation review. The Hearings Officer determined that removal of non-native nuisance plants, replanting with native plants, and opening a forested area provide increased habitat for meadow wildlife, increased diversity of food (plants), and increased scenic values.

48. Appeal Issues and Hearings Officer Response (continued)  Noncompliance with 33.430.250.A.1(c) for Environmental Review for Master Plan development. The Hearings Officer determined that restoration and replanting of disturbed areas will provide adequate mitigation and met this criterion (conditions I and J). In addition to and beyond the required mitigation, future reviews are included in the Plan to ensure no net loss of resource values (condition H).  Would like reinclusion of the Mitigation Bank into the Master Plan (removed by the Land Use Hearings Officer). There was not enough information on the mitigation bank to determine that it met the applicable approval criteria. As details of the mitigation bank are developed, the applicant will request an amendment to the Master Plan.  Violation of 33.820.050.A-D because there is no mention of a water treatment plant for Phase I. The water treatment plant is not part of the Master Plan because: (1) need of the treatment plant has not been established; (2) preferred location of the treatment plant has not been chosen; and (3) any construction of the treatment plant would be beyond the ten-year lifespan of the Master Plan. A possible water treatment plant on Powell Butte was mentioned in the Master Plan for compliance with 33.820.050.C as a “…possible future use.”

49. Appeal Issues and Hearings Officer Response (continued)  Noncompliance with 33.805.040 for tree removal. The Hearings Officer determined that, because of the need for regrading of the area around the pump station and its parking area, and for maintenance-related activities for the pipeline (resulting in the environmental violation), the Adjustment to allow tree cutting beyond the limits set in the Johnson Creek Basin Plan District were justified.  The proposed maintenance yard size and location is not justified. The applicant submitted justification for the maintenance yard. The Hearings Officer determined that there was sufficient justification for a 40,000 square-foot yard and approved the Plan element. No reason was given as to how the Hearings Officer’s conclusion and decision was in error.  Oppose the use of herbicides for vegetation removal. Herbicide application per se is not prohibited within an Environmental Zone, as long as it is used only to remove targeted vegetation (in this case non- native nuisance plants), and not surrounding plants.

50. Conclusion The Master Plan is an update and expansion of one adopted by City Council in 1996 that never received land use approvals. The Plan is generally renovation, relocation, replacement, or expansion of existing water supply and recreation development and activities. The Plan includes a maintenance program to enhance scenic and natural resources. Implementation of the Plan will have little impact on the surrounding area after construction. Park facilities are only a moderate expansion of fairly low-impact recreation activities, so any increase in traffic, noise, and other impacts to the neighborhood should be negligible. Environmental impacts are offset by restoration and ongoing enhancement and maintenance. Because of the large scale of the Master Plan, it is not possible to have the details necessary to give full land use approvals at this time. Future land use reviews will be necessary, and are outlined in the Plan.

51. Recommendation Uphold the Land Use Hearings Officer’s Decision to Approve: – Conditional Use Master Plan for Powell Butte Park and surrounding area. – Environmental Review for both proposed development and vegetation removal violations. – Adjustment to 33.535.205.A to allow removal of trees greater than six inches in diameter. – Approvals are subject to conditions generally: Updating the plan and site plan Modifying development standards Modifying approval criteria for future reviews Constructing transportation access improvements Specifying planting and restoration requirements