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HomeMy WebLinkAboutAlta_250_PA-2017-00838 i { CITY OF ASHLAND I June 15, 2017 Notice of Final Decision c! On June 13, 2017, the Community Development Director approved the request for the following: Planning Action: PA-2017-00838 Subject Property: 250 Alta Ave. Applicant: Vadim Agakhanov Description: A request for a Physical & Environmental Constraints Review Permit to construct a new single-family dwelling on Severe Constraint Hillside Lands for the property located at 250 Alta Ave. The proposal involves an Exception to the Development Standards for Hillside Lands to allow for a 10' tall retaining wall to stabilize an existing nine-foot tall un- retained cut slope, and an Exception to the Street Design Standards to retain Alta Ave. as an unimproved street with the addition of a curb and gutter, but no paving or sidewalk installation. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 lE 05DC; TAX LOT: 1301. The Community Development Director's decision becomes final and is effective on the 12th day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Brandon Goldman in the Community Development Department at (541) 488-5305. cc Property owners within 200 ft i COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winburn Way Fax: 541-552-2050 I Ashland, Oregon 97520 TTY: 800-735-2900 I - www.ashland.or.us fir` I t SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type 11 public hearing procedures, pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 J www.ashland,or.us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2017-00838 SUBJECT PROPERTY: 250 Alta Ave. APPLICANT/OWNER: Vadim Agakhanov DESCRIPTION: A request for a Physical & Environmental Constraints Review Permit to construct a new single-family dwelling on Severe Constraint Hillside Lands for the property located at 250 Alta Ave. The proposal involves an Exception to the Development Standards for Hillside Lands to allow for a 10' tall retaining wall to stabilize an existing nine-foot tall un-retained cut slope, and an Exception to the Street Design Standards to retain Alta Ave. as an unimproved street with the addition of a curb and gutter, but no paving or sidewalk installation. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 lE 05DC; TAX LOT: 1301. SUBMITTAL DATE: May 9, 2017 DEEMED COMPLETE DATE: May 24, 2017 STAFF APPROVAL DATE: June 15, 2017 APPEAL DEADLINE (4:30 P.M.): June 27, 2017 FINAL DECISION DATE: June 27, 2017 APPROVAL EXPIRATION DATE: December 27, 2018 DECISION The subject property is located at 250 Alta Street. The parcel is 12,287 sq. ft. The property is presently vacant, but for an extensive system of retaining walls previously constructed. The property slopes to the northeast with an approximate average 26% grade. The natural grade of the property had been significantly altered by the prior property owner in accordance with an approved planning action (PA#2004-013). Although a series of retaining walls were built, a single-family home was not constructed. The retaining walls previously installed are in many cases in poor condition, and thus the application included an engineer's evaluation of each existing wall and of new retaining walls necessary to address un-stabilized cut slopes. Because the property is greater than 25%, the project is subject to a Physical & Environmental Constraints Permit. Lands which have a slope of 25 percent and greater are defined as Hillside Lands in the Ashland land use ordinance (AMC 18.3.10.060.B) and lands which have a slope greater than 35 percent are defined as Severe Constraints Lands (AMC 18.3.10.060.D). Lastly, because the property is within a Historic District (Skidmore-Academy), the typical design standards for hillside lands do not apply. The applicants are proposing to construct a new one-story home with a daylight basement consisting of a total of 3,291 square feet. The basement area included in the total square footage is 1,3 82 sq. ft which includes the 531 sq. ft. garage. Since the basement is not exposed for more than 50% of its perimeter, the basement's square footage is not counted under the Maximum Permitted Floor Area (MPFA) calculation for homes within designated historic districts. The MPFA contributing square footage is 1,909 square feet which is less than the calculated MPFA allowed by ordinance which is be 2,894 square feet for this parcel. _ PA #2017-0380 250 Alta Ave./blg Page 1 E The application involves a request for a Physical & Environmental Constraints Review Permit to allow for the proposed single family home, driveway, grading, filling, new retaining walls, the replacement of existing retaining walls, and storm water drainage facilities on Hillside and Severe Constrains Lands for the property located at 250 Alta Ave. The application includes a slope analysis which shows slopes in excess of 25 percent to the front, rear, and east side of the residence. Earth-moving activities and construction in Hillside and Severe Constraints Lands require a Physical and Environmental Constraints Permit because these areas are subject to damage fiom erosion and slope failure. The application includes grading in the areas surrounding the home in areas of slopes in excess of 25 percent. In addition, a series of retaining walls and drainage facilities will be constructed, or replaced, in these areas. The proposal identifies that storm drainage and sanitary sewer will be directed to Scenic Dr. To achieve this the utility lines will need to cross the property to the east. Water service is available on Alta Ave to serve the proposed dwelling. The application includes a request for Exceptions to the Development Standards for Hillside Lands to build a ten foot tall retaining wall to stabilize an existing nine-foot tall unrestrained cut slope adjacent to Alta Ave. The application describes the purpose of the grading and proposed retaining walls adjacent to top the proposed building as necessary to provide access to the home, stabilize the hillside, and resolve storm drainage issues. The development standards for Hillside Lands in AMC 18.3.10.090 require a geotechnical expert to design grading, retaining walls, drainage, and erosion control. The application includes a geologic investigation and hazard study dated November 6, 2016 which has recommendations for grading, retaining walls, drainage, and erosion control. The geologic investigation and hazard study includes an analysis of the condition of the existing retaining walls. This evaluation identified indications of possible bearing capacity failures of a number of the walls, and as such in additions to recommendations relating to newly proposed retaining walls, the report also indicates strategies to address the existing retaining walls and structural fill as necessary to retain the hillside and support the proposed home. The report further provides recommendations relating to storm drainage and erosion control to be implemented with construction of the property. i The geotechnical investigation and hazard study submitted with the application notes that the property is suitable for development with the proposed improvements, and remediation of the existing retaining walls. The report concludes that if the geotechnical recommendations for development are followed, it is the geotechnical engineer's opinion that there is no significant risk of slope instability on the lot. Conditions are added to this approval requiring evidence from the project geotechnical expert that the building permit submittals are consistent with the referenced report recommendations and a report on the inspections throughout the project construction by the project geotechnical expert as recommended in #11 on page 5, and #6 on page 6, of the Geologic Investigation and Erosion Control study submitted with the application. The application notes that the applicants are proposing an Exception to the Development Standards for Hillside Lands to exceed the maximum allowable cut slope of seven feet in height. The Hillside Standards require cuts over seven feet in height to be broken into five foot sections that are terraced and separated by a minimum of three feet in a horizontal direction. The justification for the proposed PA 42017-0380 250 Alta Ave./blg Page 2 exception to to allow a continuous 10' vertical retaining wall is because an existing 9' tall un-retained cut slope exists on the property. A series of cuts in an uphill direction to accommodate a 3' horizontal terrace would further intrude toward the Alta Avenue road edge making this option unviable. Creating a downhill 3' horizontal terrace would require the import of a considerable amount of unnecessary fill, and would further limit the small footprint area for the proposed home. Neither of these alternatives to meet the standard would be preferable to retaining the existing 9' cut slope with a singular wall as is proposed. Staff believes the exception to make one wall to retain the existing nine foot tall cut slope, rather than a j series of smaller cuts, meets the approval for an Exception to the Development Standards for Hillside Lands. The location of the Alta Ave. right of way above the home and the limited buildable area for the proposed residence provide insufficient distance to allow stepped terracing in this situation. The cut behind the home is intended to create a passage to the front of the home and direct storm drainage away from the home. Given the conditions, the use of one cut providing a minimal amount of space in front of the home is the minimum necessary to address the access and storm drainage issues. The exception is consistent with the purpose of the Physical and Environmental Constraints Overlay chapter of the land use ordinance by retaining a cut into a slope of greater than 35 percent, creating access to the front of the home, and resolving potential drainage problems at the front of the residence. The application requests an exception to Street Standards to not install sidewalks and a parkrow along the Alta Ave. frontage. This section of Alta Ave. is 20' wide with a gravel surface, and does not presently include curb, gutters, or sidewalks. The application proposes the installation of curb and gutter along the property frontage to extend to the improved section of Alta Ave... The installation of the proposed curb and gutter will assist in directing surface run-off from the street to an improved storm water system. Given the steep slopes adjacent to the roadway along the fi•ontage of this and adjoining properties staff recognizes that the installation of a continuous sidewalk is presently impractical without a comprehensive design involving properties all along Alta Ave. Further, as there are no sidewalks on Alta Avenue either to the north or south of the subject property, the construction of a sidewalk along the property's frontage at this time would not improve pedestrian connectivity. Staff has included a condition of approval to require the applicant to sign in favor of future improvements on Alta Ave. in the event the City of Ashland ever forms a Local Improvement District for such street improvements such as paving or sidewalk installation. The neighboring property owner at 255 Scenic Dr. provided a letter to the City on June 7th which outlined concerns relating storm water drainage, stability of the steep slopes, location of the sewer line, and the proposed size of the proposed structure. The applicants have provided a recorded easement, located on the property at 255 Scenic Drive that demonstrates the property at 250 Alta Ave. can connect waste water and storm drain lines to the public systems on Scenic Drive. To address the impact of runoff and drainage in relation to the development of the property, Staff has included a condition of approval to require a geotechnical expert inspect the site throughout construction to ensure the storm drainage system, retaining walls, and building foundation are appropriately constructed. Furthermore a condition of approval is included to require all landscaping and irrigation for re-vegetation of the cut slopes shall be installed before the house can be occupied. The Historic Commission reviewed the proposal at their June 7th meeting and found the project to comply with the Historic District design guidelines and have recommended approval of the application. PA 112017-0380 250 Alta Ave./blg Page 3 The approval criteria for a Physical & Environmental Constraints Review Permit are detailed in AMC 18.3.10.050 as follows: A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. The approval criteria for an Exception to the Development Standards for Hillside Lands are detailed in AMC 18.3.10.090.H as follows: 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. 2. The exception will result in equal or greater protection of the resources protected under this chapter. 3. The exception is the minimum necessary to alleviate the difficulty. 4. The exception is consistent with the stated Purpose and Intent of chapter 18.3. 10 Physical and Environmental Constraints Overlay chapter and section 18.3.10.090 Development Standards for Hillside Lands. The approval criteria for an Exception to the Street Design Standards are detailed in AMC 18.4.6.0920.13 as follows: 1. Exception to the Street Design Standards. The approval authority may approve exceptions to the standards section in 18.4.6.040 Street Design Standards if all of the following circumstances are found to exist. a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. b. The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. i. For transit facilities and related improvements, access, wait time, and ride experience. ii. For bicycle facilities, feeling of safety, quality of experience (i. e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. N. For pedestrian facilities, feeling of safety, quality of experience (i, e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway. c. The exception is the minimum necessary to alleviate the difficulty. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. Conclusion and Conditions In staff's assessment, the proposal has been carefully thought out to minimize the disturbance of the site, and remediate for past alterations to the property. Based on the application material submitted, the PA #2017-0380 250 Alta Ave./blg Page 4 application with the attached conditions complies with all applicable City ordinances. Therefore, Planning Action #2017-00838 is approved with the following conditions. If any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #2017- 00838 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2) That an engineered street improvement and storm drainage plan for Alta Ave. shall be submitted for review and approval of the Ashland Engineering Division prior to issuance of a building permit, and shall be installed in accordance with the approved plans prior to issuance of a Certificate of Occupancy. 3) Public Works permits and associated inspections shall be obtained for any work to occur within the public right-of-way. 4) That the property owner shall sign in favor of local improvement districts for the future street improvements, including but not limited to paving and sidewalks, for Alta Ave. prior to issuance of a building permit. 5) That final determination of existing fire hydrant's distance from the furthest point on the structure, fire flow, and fire apparatus access requirements will be based upon plans submitted for Building Permit review. 6) That a "Fuel Break" as defined in Ashland Municipal Code, section 18.3.10.10013 shall be completed and an inspection shall be conducted by Ashland Fire & Rescue prior to bringing combustible materials onto the site. 7) That the tree protection fencing and temporary erosion control measures (i.e. silt fencing, bale barriers, etc.) shall be installed according to the approved plans prior to issuance of the building permit for the retaining walls in slopes of 25 percent and over, storage of materials, or commencement of any site work. The tree protection and temporary erosion control measures shall be inspected and approved by the Ashland Planning Department prior to site work, storage of materials, the issuance of an excavation permit, and/or the issuance of a building permit. 8) That the project landscape architect shall inspect work within the tree protection zones, including but not limited to the installation of retaining walls, excavation for utilities and trimming trees, as detailed in the Tree Protection Plan L-1 submitted with the application. Prior to issuance of a certificate of occupancy, the project landscape architect shall provide a final report indicating that the approved tree protection measures were installed as per the approved plans, and that all scheduled inspections were conducted by the project landscape architect periodically throughout the project. I 9) That the storm drainage plan shall be designed, constructed and maintained in a manner that will avoid erosion on-site and to adjacent properties in accordance with 18.3.10.090.C. The storm drainage plan shall be submitted for review and approval to the Ashland Engineering and Building Divisions prior to application for a building permit. PA #2017-0380 250 Alta Ave./blg Page 5 r y 1 I 10) The landscaping and irrigation for re-vegetation of cut/fill slopes and erosion control shall be installed in accordance with the approved plan prior to a certificate of occupancy. Vegetation shall be installed in such a manner as to be substantially established within one year of installation. That all measures installed for the purposes of long-term erosion control, including but not limited to vegetative cover, rock walls, retaining walls and landscaping shall be maintained in perpetuity on all areas in accordance with AMC 18.3.10.090.B.7.a. 11) That the project geotechnical expert shall inspect the site according to the inspection schedule geologic investigation and erosion control study submitted with the application and dated November 6, 2016. Prior to issuance of a certificate of occupancy, the project geotechnical expert shall provide a final report indicating that the approved grading, drainage, and erosion control measures were installed as per the approved plans, and that all scheduled inspections were conducted by the project geotechnical expert periodically throughout the project. June 13, 2017 ill Molnar, Director Date Community Divelopment Department I PA #2017-0380 250 Alta Ave./blg Page 6 AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On 6/15/171 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2017-00838, 250 Alta. Signature of Employee DocumeW 6/15/2017 t PA-2017-00838 391 E05DC 1301 PA-2017-00838 391 E05DC 1400 PA-2017-00838 391 E05DC 1200 AGAKHANOV VADIM AMAROTICO ALEXANDER BRINKLEY JEREMY/WEST NICOLE 131 MEADE ST GEORGE/DANIELLE CLAI 264 ALTA AVE ASHLAND, OR 97520 BOX 156096153 ASHLAND, OR 97520 SIOUX FALLS, SD 57186 PA-2017-00838 391 E08AB 202 PA-2017-00838 391 E05DC 1501 PA-2017-00838 391 E05DC 1300 BURNS E SHEILA TRUSTEE ET AL CHURCHILL CHARLES B/LISA R DELLER TOBY K TRUSTEE ET AL 275 GRANDVIEW DR 269 ALTA AVE 575 N OREGON ST ASHLAND, OR 97520 ASHLAND, OR 97520 JACKSONVILLE, OR 97530 PA-2017-00838 391 E05DD 6701 PA-2017-00838 391 E05DC 1302 PA-2017-00838 391 E05DD 6700 ENNIS STEVE/LISA KAHN DAVID E KIGEL KENNETH W TRUSTEE ET AL 152 MANZANITA ST 235 SCENIC DR 270 SCENIC ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-00838 391 E08AA 7900 PA-2017-00838 391 E05DC 1201 PA-2017-00838 391 E05DC 1303 r KOSKELLA S R/L M CHESNEY MACHCINSKI KAREN LOUISE MCLAUGHLIN KENT B TRUSTEE ET AL 215 SCENIC AVE 275 SCENIC DR 255 SCENIC DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-00838 391 E05DD 6601 PA-2017-00838 391 E05DC 1100 PA-2017-00838 391 E05DD 6600 NELSON SCOTT/MCGOLDRICK SOHL BRYAN D/PAULA S ANEMA THOMPSON JOHN W/DELORA G MARGARET 283 SCENIC DR 220 SCENIC DR 240 SCENIC DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-00838 391 E05DD 6602 PA-2017-00838 PA-2017-00838 ZELL RONALD ALBERT TRUSTEE ET AL COVEY PARDEE APPLIED GEOTECHNICAL ENGINEERING, 250 SCENIC DR 295 E MAIN ST, #8 ROBBIN WARREN ASHLAND, OR 97520 ASHLAND, OR 97520 1314-B CENTER DRIVE #452 MEDFORD, OR 97501 250 Alta NOD 6/15/17 18 I I I i F ASHLAND HISTORIC COMMISSION Planning Application Review June 7, 2017 PLANNING ACTION: PA-2017-00838 SUBJECT PROPERTY: 250 Alta Ave. APPLICANT/OWNER: Vadim Agakhanov DESCRIPTION: A request for a Physical & Environmental Constraints Review Permit to construct a new single-family dwelling on Severe Constraint Hillside Lands for the property located at 250 Alta Ave. The proposal involves an Exception to the Development Standards for Hillside Lands to allow for a 10' tall retaining wall to stabilize an existing nine-foot tall un- retained cut slope, and an Exception to the Street Design Standards to retain Alta Ave. as an unimproved street with the addition of a curb and gutter, but no paving or sidewalk installation. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1 E 05DC; TAX LOT: 1301 Recommendation: The Historic Commission recommends approval. f' Department of Community Development Tel: 541-488-5305 20 East Main St. Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 l www.ashiand,or.US I t t I, Brandon Goldman I From: Brandon Goldman Sent: Monday, June 12, 2017 10:10 AM To: 'Kent McLaughlin' Subject: RE: RESPONSE to NOTICE OF APPLICATION re: 250 Alta Ave Attachments: 20170601_250AIta_easement.pdf Kent, I wanted to let you know that we received your letter and it was included in the record as requested. I will be completing the review and sending out the notice of decision this week and I will send you the staff report once completed. One item we discussed when you came in, and is mentioned in your letter, was the extension of a sewer line through your property. Following our conversation I requested a copy of the sewer and storm water easement from the applicants. They were able to provide the attached recorded easement that would enable the property at 250 Alta Ave to connect waste water and storm drain lines through the easement on 255 Scenic Drive. To address the concerns you've raised regarding the impact of runoff and drainage in relation to the development of the property we will condition the application to have a geotechnical expert inspect the site trough out construction to ensure the storm drainage system and retaining walls are appropriately constructed. Furthermore we will require that all landscaping and irrigation for re-vegetation of the cut slopes shall be installed before the house can be occupied. This vegetation should assist with minimizing sheet flow of surface run-off.` I may also be able address the confusion regarding house size as presented in the application. The full building, including a daylight basement, is indeed proposed to be 3,291 square feet in size. This includes a 1382sq.ft. daylight basement area, which is fully exposed story on the downhill side. Within this basement is also the garage which is not considered habitable space. The primary floor is 1909 sq.ft. For the purposes of complying with the Maximum Permitted Floor Area in historic districts a daylight basement does not count as contributing area. In review of the Maximum Permitted Floor Area ordinance we determined that of the 2760 sq.ft. of habitable space proposed only 1909sq.ft is on the main floor and as such it complied with the maximum allowed by ordinance of 2,894 sq.ft. for a lot this size. The Historic Commission reviewed the plans on June 7th and have recommended approval finding it complies with the historic design and size standards. As I mentioned I will follow up with you with the final decision of the City this week. As we'd discussed, you will have twelve days to appeal this decision. Thank you again for taking the time to review the application materials and for your the letter highlighting your primary concerns. All the best, Brandon Brandon Goldman, AICP Senior Planner City of Ashland, Planning Division 20 East Main Street, Ashland OR 97520 (541) 552-2076, TTY: 1-800-735-2900 FAX: (541) 552-2050 f, brandon.cgoldman(aDashland.or.us This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at (5d 1)552-2076. Thank you. 1 City of Ashland, Oregon June 6, 2017 Community Development and Planning Dept. 51 Winburn Way Ashland, Oregon 97520 255 Scenic Drive Ashland, Oregon 97520 Re: We request that these comments be lodged in the file for TAX LOT 1301. This pertains to our concerns in response to the "Notice of Application" for the 250 ALTA AVE. property. We are the owners of record, Kent and Pamela McLaughlin, of the 255 Scenic Drive residence directly below [east] of the property under review. We have read the Geotechnical [ AGE ] report of November 6, 2016 and the Physical and Environmental Constraints Review of Feb. 16, 2017. We will briefly state our concerns at this time understanding that, if necessary, an appeal of the Planning Division Staffs' decision may later be made to the Planning Commission in a timely manner. Briefly, our concerns relate to the following: As our property is directly, and steeply, situated below the proposed residence, of great concern is the impact of runoff, drainage and hydrologic [hydrostatic?] events in the future. The Geotechnical study I read was done within a period of prolonged drought and no "Field Explorations" were conducted. {See page 7, LIMITATIONS, second paragraph} Given the changing climate conditions, we would like to see further "field explorations". What will happen to our property when underground hydrostatic pressures increase due to the accumulation of water above us?? The property plans we have viewed, for our own residence, did not show any Sewer Line coming down the hill from the proposed residence on Alta. I may not be recalling that accurately but will check on it when back in town several days from now. j' There exists some type of storm drain system which the previous owner of the subject property installed when he built the retaining walls that are now i failing. Our concern is about the adequacy and functioning of that storm drain system given that his retaining walls are failing. Finally, there are omissions and incomplete, confusing, conflicting phrases/sentences in our copy of the "Physical and Environmental Constraints Review" of Feb. 16, 2017. For example, page 3, paragraph 2 under PROJECT PROPOSAL, "..proposed residence is is a 3,291- square foot structure." Then on page 4 under section C, it says, "The proposed residence at 2,541 square feet is less than the existing development of the surrounding area." Are they trying to "downplay" the size of the proposed residential structure? And the final sentence of that same paragraph reads, "The primary objectives, in addition to the construction of the single-family residence and--------- stabilize the site." We, want to know what was omitted. It maybe important. There are other examples but I won't continue. The point is that some of this is written in an ambiguous, confusing manner. Some statements read as both mandatory and non-mandatory. Are these purposeful or just oversights? So, those are our immediate concerns. Respectfully,: Kent and Pamela McLaughlin I' i Jackson County Official Records 2004-011789 R•e 03/08/200412:47:05 PM EASEMENT Cnt=t Stn=1 AVGERICN 515.00 $5.00 $11.00 Total:$31.00 February 27, 2004 111111111111111111111111111111111111111111111111 PO Box I I I o1o12706200400117890030036 Ashland. OR 97520 .nieensIha se<Ren.Ceuotyaerkf*,Je<weencoanlv,oreoon <•rtIy Ihet InelNment IdlnlHtsd hvaln wee recordfd In fhe CIerM rmom: Kathleen S. Beckett - County Clerk To Whom It May Concern: We are owners of the property (39-1 E-05DC) at 255 Scenic Drive, Ashland, Oregon 97520, At the request of the adjacent property owner, Habib M. Shahin, please be advised that we are granting two easements to the adjacent property that is to the west at 250 Alta Ave. Ashland, Oregon 97520. The first easement grants access to the underground sewer line that runs through our property at 255 Scenic Drive 97520. Our understanding is that the underground sewer line is already in place; that it nuns down the hill along the northern boundary of our property and that it connects to the main sewer line on Scenic Drive. The second easement being granted is also underground and grants the placement of a storm drain for carrying runoff water from the 250 Alta Ave. property to the main storm drain on Scenic Drive and will thus protect our property from their runoff. Our understanding is that the storm drain to be placed will be at least 4 inches in diameter; will be placed at least one foot underground and will run along side the aforementioned sewer line parallel to the northern boundary of our property. Habib and Miriam, we trust that this letter, notarized, will suffice in this aspect of building your new home. Our best to you. SEE ATTACHED LEGALS 'A' Sincerely, Kent B. McLaugh da d'aug Ito me a cLaug Ito Owners of Residence at 255 Scenic Drive, Ashland, Oregon 97520 //tt~~~~ j le.a ~pI1 o4N c l! o U 1A V\ 61 VA it COUNTY OF Ytl.^.a.a..::..... SUSSCkIBED P"~ °",^"'1 ~~q~ Su~OSCKt e~ ci.M~`$4~C~+h~o~t~ew2 , THIS=g a DAy0FAAAV +-11 V t.\v.~u~,.`Ntti~4tn~NDl7a ulrts~b'~ LAyC, t, v ey 00~ . 17048 Holiday Drive • Morgan hill, CA • 95037 f7\(xkjn NUTAfiY PUCLI c\v~~., ~1iMQ1~ js'- ~~.er;aaNNNrr.nNNeea1111oN1♦j 3..r.~~' S - LNILMASMITH } CINDAI,tdLIS1t:R r, i Commission/1299227 i Cornetts.<,;o.;#12707 g er Notary Public • Calllornla 8 ~ , d< ?;I Not2r'ra,:.l ; - c:•.Iro , Santa ClaraCaunty t ~l ' San',C:r.:ncc- icily er,n ' My Comm. Expir¢S, Apr02, 2005jj Lty (.7n:rvn. t::;i: t 11 :pit; ~e111111 1e 111111N11NINIee1NNIN/N• ~.`OlC J.'^.,.-m....;.._....._.. i , 03 i4880 116694J.r EXHIBIT A Parcel Ho. One (1) of Partition Plat recorded February S, 1992, as Partition Plat No. P-13-1992 of 'Record of Partition Plats-, in Jackson County, Oregon, and filed as survey No. 12854 in the Office of the County Surveyor. (Code 5-01, Account 41-017621-2, Hap 4391EOSOC, Tax Lot 41301) SUBJECT TO: 1. Agreement with the City of Ashland, subject to the terms and provisions thereof, recorded September 8, 1989 as No. 89-20059, Official Records. 2. Agreement with the City of Ashland, subject to the terms and Provisions thereof, recorded February 4, 1992 as No. 92-03107, official Records. 1. Any rights, interests, o claims which may exist o arise by reason of the following ma tter 10) disclosed by part i[ion plat recorded February 5, 1992 as Partition Plat No. P-13-1992 in "Record of Partition Plata- in Jackson County, Oregon, and filed as Survey No. 12054 in the Office 'f the Jackson County Surveyor: The fact that the fence along the north, south and -at boundaries does not follow the property line. 4. Any rights, interests, or claims which may exist or arise by reason of the following matter(s) disclosed by partition plat. r orded February 5, 1992 as Partition Plat No, P-13-1992 in 'Record of Partition Plata' in Jackson County, Oregon, and filed as Survey No. 12054 in the Office of the Jackson County Surveyor! The fact that a barn on the west boundary encroaches on to Alta Ave. 5. Sewer service t, 15.0 feet in width, reserved in deed recorded July 16, 1992 ae No. 92-20967, Official Record.. (Not locatable of record) Jefton Cou O t . "on OFFICIAL RECORDS MAR 1 1 200 a►o COUNTY CLERK i 01 24710 9asseJa EXHIBIT A Parcel No. Two (2). Parcel No. Two "I of Partition Plat recorded Pebruary 5, 1992, as Partition plat Nc,. P-13-1992 oC "Record of Partition Plate" in Jackson County, Oregon, and filed as Survey No 128`54 1n the Office of the County Surveyor. (Code 5-01, Accrn.nt 91=001009-4, Map s3916050e, Tax Lot 01303) G: Jackson County, Ore®an. 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COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1E 05DC; TAX LOT: 1301. NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday June 7, 2017 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: May 24, 2017 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 7, 2017 A l ~ Subject Property , 250 Alta Ave_ t ~ I PA# 20'17-00838 l IL { a The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. Wcomm-dev\planning\Planning ActionMoticing FolderWailed Notices & Signs\20171PA-2017-00838.docs PHYSICAL & ENVIRONMENTAL CONSTRAINT" 18.3.10.050 An application for a Physical Constraints Review Permit is subject to the Type I procedure in section 18.5.1.050 and shall be approved if the proposal meets all of the following criteria, A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. EXCEPTION TO THE DEVELOPMENT STANDARDS FOR HILLSIDE LANDS 18.3.10,090.H An exception under this section is not subject to the variance requirements of chapter 18.5.5 Variances. An application for an exception is subject to the Type I procedure in section 18.5.1.050 and may be granted with respect to the development standards for Hillside Lands if the proposal meets all of the following criteria. 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. 2. The exception will result in equal or greater protection of the resources protected under this chapter. 3. The exception is the minimum necessary to alleviate the difficulty. 4. The exception is consistent with the stated Purpose and Intent of chapter 18.3.10 Physical and Environmental Constraints Overlay chapter and section 18.3.10.090 Development Standards for Hillside Lands. EXCEPTION TO STREET STANDARDS 18.4.6.0203.1 Exception to the Street Design Standards. The approval authority may approve exceptions to the standards section in 18,4.6.040 Street Design Standards if all of the following circumstances are found to exist, a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. b. The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. i. For transit facilities and related improvements, access, wait time, and ride experience. ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway. c. The exception is the minimum necessary to alleviate the difficulty. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. C= G:\comm-dev\planning\Planning ActionsUVoticing Folder\Mailed Notices & Signs\2017\PA-2017-00838.docs t f l AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On May 24, 2017 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #PA-2017-00838, 250 Alta Avenue. M~ 0(W Si a ure of Employee C:IUsersltrapprlDesktoplTemplaleslAFFIDAVIT OF MAILIN6_Regan.dou 512412017 I 091S tiaAV jpegeE) of zas1mn I ,dn-dod pjogaj @IJajgAaa ap uqe amgoey e1 @ zallded j s}I1ege6/e0AJ9AeeZ911V as /use assal a sa anbl I s7ualed/wooAane:;ed ®I d 3 p .P ~ 33 ii PA-2017-00838 391E05DC 1301 PA-2017-00838 391E05DC 1400 P,,-2017-00838 AGAKHANOV VADIM AMAROTICO ALEXANDER APPLIED GEOTECHNICAL ENGINEERING 131 MEADE ST GEORGE/DANIELLE CLAI 1314-B CENTER DR. #452 ASHLAND, OR 97520 BOX 156096153 MEDFORD, OR 97501 SIOUX FALLS, SD 57186 PA-2017-00838 391E05DC 1200 PA-2017-00838 391E08AB 202 PA-2017-00838 391E05DC 1501 BRINKLEYJEREMY/WEST NICOLE BURNS E SHEILA TRUSTEE ETAL CHURCHILL CHARLES B/LISA R 264 ALTA AVE 275 GRANDVIEW DR 269 ALTA AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-00838 PA-2017-00838 391E08AB 101 PA-2017-00838 391E05DD 6701 COVEY PARDEE LANDSCAPE DESIGN j DELLER TOBY K TRUSTEE ET AL ENNIS STEVE/LISA 295 E. MAIN #8 575 N OREGON ST 152 MANZANITA ST ASHLAND, OR 97520 JACKSONVILLE, OR 97530 ASHLAND, OR 97520 PA-2017-00838 391E05DC 1302 PA-2017-00838 391E05DD 6700 I PA-2017-00838 391E08AA 7900 KAHN DAVID E KIGEL KENNETH W TRUSTEE ETAL KOSKELLAS R/L M CHESNEY Z35 SCENIC DR 270 SCENIC 215 SCENIC AVE ASHLAND, OR 97520 j ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-00838 391E05DC 1201 PA-2017-00838 391E05DC 1303 PA-2017-00838 391E05DD 6601 MACHCINSKI KAREN LOUISE MCLAUGHLIN KENT B TRUSTEE ET AL NELSON SCOTT/MCGOLDRICK 275 SCENIC DR 255 SCENIC DR MARGARET ASHLAND, OR 97520 ASHLAND, OR 97520 240 SCENIC DR ASHLAND, OR 97520 PA-2017-00838 391E05DC 1100 PA-2017-00838 391E05DD 6600 PA-2017-00838 391E05DD 6602 30HL BRYAN D/PAULA S ANEMA THOMPSON JOHN W/DELORA G ZELL RONALD ALBERT TRUSTEE ET AL 283 SCENIC DR 220 SCENIC DR 250 SCENIC DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-00838 250 ALTA 5/24/2017 NOC 18 I i i I j 10919 ajeldwalkaAV esn I 186P3 do-dod asodxa of au!l 6uole puag I s9;eldul9;/W0a (lane of oE) ; slags, ssa1PP`d®laad ~(se3 ®09 LS OAHMV i a Ci I I 1200 1201 1400 670 i 1341 130-3 "Ol 1100 4302 1 ig Lp 101 202 8 r L) A 9jl ' 2 r ZONING PERMIT APPLICATION Planning Division L Y" C I T Y OF 51 Winbum Way, Ashland OR 97520 541-488-5305 Fax 541-488-6006 FILE ~5M-#I.,A~ID ' I DESCRIPTION OF PROJECT J/ G Q DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES 0 Street Address A2e&1Wjr_ Assessor's Map No. 39 1 E q f Tax Lot(s) Zoning 1 ~5 Comp Plan Designation / Af6 - /fit/ APPLICANT Name Vfi_P11tj AAA) 'V Phone ~~J 0D49 E-Mail ~6,, ~ Address City Zip PROPERTY OWNER 00-d~v Name 0&bw /1,57- 4 4d v Phore / E-Mail Address City Zip i SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Name Phone -Mail Address City Zip Title Name Phone E-Mail Addres City Zip 1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. /understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. 1 further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that 1 produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Fail ur i his regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be r oved atvny e e se. 1 any doubts, l am advised to seek competent professional advice and assistance. ® 6 ` ze A plicant's Signature Date As owner of the property invo d i is request, I have read and understood the complete application and its consequences to me as a property o ner. Property Owner's S' ture required) Date [To be completed by City Staft] CJJ Date Received u~ Zoning Permit Type I ' ` I Filing Fee $ OVER N GAcomm-dev\planningtFo=s & HandoutstZoning Pemut Applicafion.doc FINDINGS OF FACT PHYSICAL AND ENVIONRIVIENTAL CONSTRAINTS REVIEW PERMIT FOR DEVELOPMENT OF HILLSIDE LANDS i SUBJECT PROPERTY 250 Alta Avenue 39 1E 05DC #1301 February 16, 2017 1 250 Alta Avenue 39 1E 05DC #1301 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT Subject Propert y Address: 250 Alta Avenue Map & Tax Lots: 39 1E 05DC #1301 Applicant: Vadim Agakhanov 131 Meade Street Ashland, OR 97520 Landscape Design: CoveyPardee 295 E Main Street, #8 Ashland, OR 97520 Geotechnical Expert: Applied Geotechnical Engineering Robin Warren 1314-B Center Drive #452 Medford, OR 97501 Comprehensive Plan Designation: Single Family Residential Zoning: R-1-7.5 Lot Area: 12,287 square feet Request: Request for Physical and Environmental Constraints Review Permit for the construction of a new single family residential home on land that has more than 25 percent slopes. The request includes a Tree Removal Permit to remove two six-inch DBH Pear trees. Property Background: The subject property is located on the east side of Alta Avenue to the north of the intersection of Grandview Drive. The subject property is zoned single family residential (R-1-7.5). The immediately adjacent properties are also zoned R-1-7.5. The nearby properties to the south of the Grandview Dr. intersection, the lots are zoned R-1-10. The properties to the west across Grandview Dr. are zoned RR-.5. All of the adjacent properties are occupied by single family 2 250 Alta Avenue 39 1E 05DC #1301 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT I E homes and associated accessory structures. The property is within the Skidmore-Academy Historic District. is The property is 12,287 square feet in area. The lot was created via a minor land partition in 1992. The property is currently vacant of structures. There are retaining walls that were constructed following a 2004 approval for the construction of a new single family residence. The house was never constructed. The lot slopes steeply downhill away from the street to the northeast. The property has slopes of more than 35 percent. The slope of the property has been altered by a previous property owner by excavation for a building pad and the construction of retaining walls. The average slope of the property along the west property line was identified as 25.82 percent as measured by Jason Martin, Registered Professional Land Surveyor, and President of To The Point Land Surveying, LLC. There are 17 trees in the vicinity of the new construction. Of these, seven trees are on the subject property. I; Project Proposal: The request is to construct a new single family residential home on the vacant lot. The site is unique in that prior to the current site conditions, with a flat pad area and retaining walls, there were no areas of less than 35 percent. With the previous owners site work, retaining walls were constructed on the east and north sides of the site and a nine-foot tall, exposed cut bank was left on the southwest side of the site. The proposed residence is a 3,291-square foot structure. This includes a 1,382-square foot basement. Within the basement is a 531-square foot two vehicle garage is proposed. A driveway at the northwest end of the property is proposed to access the garage. The residence is setback from the front property line 10 feet to reduce the downhill impacts of the proposed construction. The reduced setback is allowed in the code and the slope of the property along the front property line within the setback area has slopes of more than 25 percent. There are retaining walls on the site built by the previous owner, some of these have failed and will be removed. The reconstruction of the retaining walls requires the removal of the two small diameter pear trees to the east of the proposed structure. The retaining wall for the nine-foot cut slope near the southwest property corner will be retained. The height of this wall requires an exception to the design standards. Below are the criteria addressing the standards for Hillside Development. 18.3.10.050 Approval Criteria A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. 3 250 Alta Avenue 39 1E 05DC ##1301 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT i The proposed residence is sited within the pad area created by the previous property owner to reduce additional site disturbance and to preserve the remaining trees on the property. The site has retaining walls that were constructed improperly that are failing. The proposed construction utilizing the recommendations of the Geotechnical Expert will stabilize the steep property and the failing walls. The residence is below the grade ofAlta Street and through the application of the requirements of the geotechnical expert, the structural engineer and implementation of erosion control fencing, potential adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. The site in its current state with failing retaining walls and a nine foot cutbank adjacent to Alta Street are potentially hazardous. The amount of site work necessary to fix the problems created by a previous property owner requires the review and approval of the Physical and Environmental Constraints Review Permit. The proposed retaining walls and new construction will stabilize the existing site conditions andprovide measures to alleviate potential hazards that exist on the site. The foundation will be engineered and the geotechnical expert will provide periodic inspects of the site to verb their development requirements are being complied with. Erosion control will be installed on site and maintained throughout the duration of the construction. Construction materials will be brought onto site on the day of needed materials limiting the amount ofstorage on site. All dirt will be removed from the site and brought back onto the site as needed. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. The proposed residence is located on the property in a manner that reduces does not encroach into the areas with the steepest slopes. The residence is relatively small by comparison to the structures that exist in the impact area. The average size of the residences within 200 feet of the subject property is 2,824. The proposed residence at 2,541 square feet is less than the existing development of the surrounding area. Very little excavation and filling of the site is proposed. The primary objectives, in addition to the construction of the single-family residence and stabilize the site. 18.3.10.090 Development Standards for Hillside Lands A. General Requirements. The following general requirements shall apply in Hillside Lands. 1. Buildable Area. All development shall occur on lands defined as having buildable area. The subject property does not have any natural areas with less than 35 percent slopes. Previous site work created a relatively flat building pad area and stacked block retaining wall were installed. It is upon this excavated pad that the proposed structure will be located 250 Alta Avenue 4 39 1E 05DC #1301 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT The geo-technical site evaluation was performed by Robin Warren in November 2016 Subsequently, a detailed report was created. The report finds that site has silty sand (decomposed granite) soil above a granite bedrock. No groundwater springs or seepage was observed. The report find that the site is suitable for development for the proposed single family residential home. The geo-tech recommends period inspections and states that inspection reports will be provided to the City of Ashland at the completion of the project. i B. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide plans conforming to the following items. h 1. All grading, retaining wall design, drainage, and erosion control plans for development on Hillside Lands shall be designed by a geotechnical expert. All cuts, grading or fills shall conform to the International Building Code and be consistent with the provisions of this ordinance. Erosion control measures on the development site shall be required to minimize the solids in runoff from disturbed areas. The Geotechnical expert, Robin Warren has reviewed and approves the grading, erosion control, drainage and retaining wall plans that have been designed by others with demonstrable expertise in the development of Hillside Lands. See geotechnical report from Robin Warren dated November, 2016. The plans provided demonstrate compliance with the standards from the code. 2. Timing of Improvements. This proposal is exempt from this section of the code. Due to the topography of the site, the construction will likely occur in the dryer months. 3. Retention in natural state. Based on the lot size of less than % of an acre, it is not subject to the retention in natural state standard. 4. Grading - Cuts. On all cut slopes on areas classified as Hillside Lands, the following standards shall apply. a. Cut slope angles shall be determined in relationship to the type of materials of which they are composed. Where the soil permits, limit the total area exposed to precipitation and erosion. Steep cut slopes shall be retained with stacked rock, retaining walls, or functional equivalent to control erosion and provide slope stability when necessary. Where cut slopes are required to be laid back (1:1 or less steep), the slope shall be protected with erosion control getting or structural equivalent installed per manufacturers specifications, and revegetated. 5 250 Alta Avenue 39 1E 05DC #1301 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT All cut slopes will be retained with retaining walls and mechanically stabilized earth (MSE) retaining walls. The existing nine foot exposed cut slope will pushed to the existing concrete block wall at the southeast corner of the lot and be retained with a properly engineered and constructed retaining wall. This retaining wall will be taller than seven feet and due to the proximity of the cut to the property line and the desire to reduce the setback and limit the amount of artificial fill brought onto the site. Exception findings are provided for the wall. b. Exposed cut slopes, such as those for streets, driveway accesses, or yard areas, greater than seven feet in height shall be terraced. Cut faces on a terraced section shall not exceed a maximum height of five feet. Terrace widths shall be a minimum of three feet to allow for the introduction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical height of 15 feet. The top of cut slopes not utilizing structural retaining walls shall be located a minimum setback of one-half the height of the cut slope from the nearest property line. The other proposed and remaining retaining walls on the site are proposed to be less than five feet tall and a minimum step-back of three feet wide. c. Cut slopes for structure foundations which reduce the effective visual bulk, such as split pad or stepped footings, shall be exempted from the height limitations of this section. Due to previous site disturbance, and the steep slope of the site, the building cannot be cut into the hillside. As proposed, the structure is on the existing pad that was cut onto the site. There are extremely steep slopes on the east side of the property below the existing retaining walls and the proposal is to not disturb these slopes more than already altered d. Revegetation of cut slope terraces shall include the provision of a planting plan, introduction of top soil where necessary, and the use of irrigation if necessary. The vegetation used for these areas shall be native, or species similar in resource value to native plants, which will survive, help reduce the visual impact of the cut slope, and assist in providing long term slope stabilization. Trees, bush-type plantings, and cascading vine-type plantings may be appropriate. All terraced areas will be revegetated with low growing, native ground cover plants. A comprehensive landscape plan has been provided. 5. Grading - Fill. On all fill slopes on lands classified as Hillside Lands, the following standards shall apply. a. Fill slopes shall not exceed a total vertical height of 20 feet. The toe of the fill slope area not utilizing structural retaining shall be a minimum of six feet from the nearest property line. No fill slopes exceeding 20 feet are proposed. All fill areas are proposed to be retained. b. Fill slopes shall be protected with an erosion control netting, blanket or functional equivalent. Netting or blankets shall only be used in conjunction with an organic mulch such as 6 250 Alta Avenue 39 1E 05DC #1301 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT is; straw or wood fiber. The blanket must be applied so that it is in complete contact with the soil so that erosion does not occur beneath it. Erosion netting or blankets shall be securely anchored to the slope in accordance with manufacturer's recommendations. No un-retained fill slopes are proposed. c. Whenever possible, utilities shall not be located or installed on or in fill slopes. When determined that it necessary to install utilities on fill slopes, all plans shall be designed by a geotechnical expert. The sewer line to the site exists and traverses the property to the east. No additional utilities are not being installed on fill slopes. d. Revegetation of fill slopes shall utilize native vegetation or vegetation similar in resource value and which will survive and stabilize the surface. Irrigation may be provided to ensure growth if necessary. Evidence shall be required indicating long-term viability of the proposed vegetation for the purposes of erosion control on disturbed areas. No un-retained fill slopes are proposed. 6. Revegetation Requirements. Where required by this chapter, all required revegetation of cut and fill slopes shall be installed prior to the issuance of a certificate of occupancy, signature of a required survey plat, or other time as determined by the hearing authority. Vegetation shall be installed in such a manner as to be substantially established within one year of installation. The landscaping proposed for the retained areas and areas of disturbance are proposed to be installed prior to the issuance of the certificate of occupancy. 7. Maintenance, Security, and Penalties for Erosion Control Measures. a. Maintenance. All measures installed for the purposes of long-term erosion control, including but not limited to vegetative cover, rock walls, and landscaping, shall be maintained in perpetuity on all areas which have been disturbed, including public rights-of-way. The applicant shall provide evidence indicating the mechanisms in place to ensure maintenance of measures. The landscaping will be maintained in perpetuity. A formal landscape plan and irrigation will be installed on the property to ensure maintenance of the erosion control vegetation and landscaping. b. Security. The subject lot is not subject to this section of code as the lot existed prior to January 1, 1998 and the security bond requirements applies strictly to lots created after Juntim 7, 1998. 7 250 Alta Avenue 39 1E 05DC #1301 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT i i 8. Site Grading. The grading of a site on Hillside Lands shall be reviewed considering the following factors. a. No terracing shall be allowed except for the purposes of developing a level building pad and for providing vehicular access to the pad. The site has had significant alterations by a previous property owner and retaining walls were improperly installed with some failure shown on the site. The proposal is to minimize the hazards created by poorly constructed retaining walls through the installation and stabilization of the walls. The lot area is compact and no additional terracing is proposed. b. & c. Avoid hazardous or unstable portions of the site. Based on the Geological Report the hazards is the exiting failing retaining wall. The proposal is to reconstruct this wall with an engineered wall that will restore stability. The areas further to the east of the existing site development that are the steepest portions of the property will not be developed d. Building pads should be of minimum size to accommodate the structure and a reasonable amount of yard space. Pads for tennis courts, swimming pools and large lawns are discouraged. As much of the remaining lot area as possible should be kept in the natural state of the original slope. A building pad was created by a previous property owner, it is upon this existing cut pad that the structure is proposed. There is little yard area on the site due to its topography. No additional terraces are proposed to create pads for tennis courts, swimming pools or lawn. The areas below the existing areas of site disturbance are proposed to be left in their current "natural" state. 9. Inspections and Final Report. Prior to the acceptance of a subdivision by the City, signature of the final survey plat on partitions, or issuance of a certificate of occupancy for individual structures, the project geotechnical expert shall provide a final report indicating that the approved grading, drainage, and erosion control measures were installed as per the approved plans, and that all scheduled inspections, as per 18.3.10.090.A.4.j were conducted by the project geotechnical expert periodically throughout the project. The final inspection report completed by the geotechnical expert will be provided prior to the issuance of the certificate of occupancy. C. Surface and Groundwater Drainage. The storm water is proposed to be piped into the storm drain facilities on Scenic. All storm water I, from the driveways, parking areas and other impervious surfaces including the roof drains will be designed to divert away from the steepest portions of the site. The replacement walls and all s 250 Alta Avenue 39 1E OSDC t#1301 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT new walls will include properly installed drainage to improve site stability and avoid on-site erosion and impacts to downhill neighbors. D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall conform to the following requirements. 1. Inventory of Existing Trees. i° See the attached Tree Inventory /Protection Plan (PL 1.0) completed by Landscape Architect, Greg Covey. Details regarding the protection are attached. i 2. Evaluation of Suitability for Conservation. The majority of the sites trees are proposed for conservation. The two trees proposed for removal are six-inches in DBH. 3. Tree Conservation in Project Design. All deciduous trees that are more than 12-inches DBH are proposed for preservation. The site layout including utility installation are in the areas of least disturbance and will not have negative impacts on the preserved trees. The minimum number of trees are proposed for removal. 4. Tree Protection. See the attached Tree Inventory /Protection Plan S. Tree Removal. Development shall be designed to preserve the maximum number of trees on a site. The development shall follow the standards for fuel reduction if the development is located in Wildfire Lands. When justified by findings of fact, the hearing authority may approve the removal of trees for one or more of the following conditions. e. The tree is located within or adjacent to areas of cuts or fills that are deemed threatening to the life of the tree, as determined by a landscape professional. The two pear trees proposed for removal are adjacent to failing retaining walls that will require reconstruction which will negatively impact the trees to a degree that they will not survive. 6. Tree Replacement. The two smaller stature pear trees are proposed to be mitigated for with new deciduous trees. 1 1 E. Building Location and Design Standards. All buildings and buildable areas proposed for Hillside Lands shall be designed and constructed in compliance with the following standards. 1. Building Envelopes. 9 250 Alta Avenue 39 1E 05DC #1301 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT Not applicable, the property was created prior to the adoption of the Hillside Lands overlay and a building envelope was not during the partition that created the lot. 2. Building Design. To reduce hillside disturbance through the use of slope responsive design techniques, buildings on Hillside Lands, excepting those lands within the designated Historic District, shall incorporate the following into the building design and indicate features on required building permits. The proposed residence is within the Skidmore Academy Historic District and is not subject to the building design standards. F. All structures on Hillside Lands shall have foundations designed by an engineer or architect with demonstrable geotechnical design experience. A designer, as defined, shall not complete working drawings without having foundations designed by an engineer. The foundation will be designed by an engineer. The engineered foundation will be provided with the building permit set. G. All newly created lots or lots modified by a lot line adjustment must include building envelopes containing a buildable area less than 35 percent slope of sufficient size to accommodate the uses permitted in the underlying zone, unless the division or lot line adjustment is for open space or conservation purposes. This section is not applicable. The subject lot was created prior to the adoption of this ordinance. H. Exception to the Development Standards for Hillside Lands. 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. There is one exception to the Hillside Development Standards for an retaining wall to be constructed for an existing nine foot tall, unretained cut slope adjacent to Alta Street. The wall will exceed ten feet in height to stabilize the hillside. The site is unique in that it is has pre-existing grading (cut slopes) and retaining wall construction that has not been either retained or due to improper construction have failed. The proposal is to shore up the existing site in order to prevent potential slope failure. This wall of the structure is up against the hillside forming a retained area of slope behind the residence. The need for slope retention is evidenced by the damage to the driveway for the property to the east and the erosion created by the un-retained hillside. There is a four foot concrete block retaining wall that will be removed and the new cut for the wall will replace this structure. This wall needs to be replaced due to the unknown structural condition. Based on the other walls on the site, it has not been properly installed. 10 250 Alta Avenue 39 1E 05DC #1301 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT The proposed residence is also below the Alta Street grade along the frontage of the parcel and the front yard area of the site is steep. This steep hillside with properly installed structural support will protect the residence that is being constructed on the only buildable area of the site. Due to the limited distance of the cut from the property line and the need to limit further downhill impacts, the cut cannot be terraced in five foot sections. 2. The exception will result in equal or greater protection of the resources protected under this chapter. The retaining wall that is more than seven feet without terracing (likely ten foot tall) provides retention for the area of the property that has steep, unretained cut slopes. The proposed structure closer to Alta Street against the higher than allowed by code wall allows for the preservation of the steepest portions of the property to the east of the existing building pad. i 3. The exception is the minimum necessary to alleviate the difficulty. The exception is the minimum necessary to alleviate the difficulty in meeting the code. There are no properties in the City that will be negatively affected by the proposed wall height and the wall proposed structural stability to the street above. i 4. The exception is consistent with the stated Purpose and Intent of chapter 18.3.10 Physical and Environmental Constraints Overlay chapter and section 18.3.10.090 Development Standards for Hillside Lands. The exception is consistent with the Purpose and Intent of the Physical and Environmental Constraints Overlay and the Development Standards for Hillside Lands. The proposed residence and site layout limit alteration of topography and reduced encroachment upon, or alteration of the natural environment and; to provide for sensitive development in areas that are constrained by various natural features, such as the steep slopes in the front yard and the steep slopes at the rear of the property. 18.3.10.100 Development Standards for Wildfire Lands B. Requirements for Construction of All Structures. Compliance with the development standards for wildfire lands will be implemented on-site prior to introduction of combustible construction materials. Class B or better shingles will be used on the roof. Tree Removal Permit 18.5.7.040 Approval Criteria B. Tree Removal Permit. 11 250 Alta Avenue 39 1E 05DC #1301 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT I a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.3.10. There are two trees proposed for removal that are on lands greater than 25 percent slope and therefore they are subject to the tree removal criteria and the Physical and Environmental Constraints chapter. The trees are adjacent to the failing retaining wall and correction to the wall construction necessitates the removal of the small pear trees. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. The removal of the trees will not have significant negative impact on erosion or soil stability. There are no surface waters present on the site. The removal will benefit the retaining wall construction and with new deciduous trees proposed, the canopy will be eventually replaced c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. The removal of the trees will not have a significant negative impact on the tree densities, sizes, canopies and species diversity. There are numerous old fruit trees in the vicinity of the property. The trees will be mitigated for with deciduous trees which will replace the lost canopy. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. The residential density of the site is one unit. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. See the attached landscaping plan which mitigates the loss of the two trees. I Exception to Street Standards: 18.4.6.020 Applicability 12 250 Alta Avenue 39 1E 05DC #1301 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT I B. Exceptions a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. The site is located beyond the "improved" section ofAlta Street. The streetfrontage is narrow, at only 20 feet wide and is gravel. There are slopes more than 25 percent along the frontage of the parcel. The proposal includes the request to install curb and gutter along the frontage and to connect to the existing improved section ofAlta Street, but no sidewalks. b The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. i. For transit facilities and related improvements, access, wait time, and ride experience. ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway. The topography along the frontage of the property limits the available transportation facilities. Due to the property location, there are no impacts to transit, bicycle facilities or pedestrian facilities. c. The exception is the minimum necessary to alleviate the difficulty. The existing driveway connects to Alta Street. The exception is to allow for only curb and gutter but no sidewalk. The width of the right-of-way, existing tree encroachments and the lack of sidewalk on the entire street limit the area of improvement. d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. The request for the exception is consistent with the Purpose and Intent of the Street Standards which speak largely to improved roads with curb, gutter, parkrow and sidewalk. Alta Street in the vicinity lacks all of these features. This portion ofAlta has very low traffic volumes due to it only accessing a few properties and due to the steepness, it functions much like a dead-end street and all of the traffic is limited to local resident traffic. The pavement, curb and gutter will improve the street in general conformance with the standards. Conclusion: In conclusion, the applicant's find that the proposed moderately sized, single family residence will be a welcome addition in the neighborhood. The geotechnical report has indicated that the areas selected for development are suitable and has recommended erosion control, foundation type and retaining wall design. i 13 250 Alta Avenue 39 1E 05DC #11301 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT i The applicant finds that all of the applicable City of Ashland requirements have been met or can be met through the imposition of conditions of approval. F i 14 250 Alta Avenue 39 1E 05DC #1301 PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT i pplie eotechical 11 l eeri & Geologic Consulting November 6, 2016 Vadim Agakhanov 521 Schofield Ashland, OR 97520 SUBJECT: Geotechnical Investigation and Erosion Control New Single-Family Residence 250 Alta Avenue Ashland, Oregon At your request, Applied Geotechnical Engineering and Geologic Consulting LLC (AGEGC) has E completed a geotechnical investigation and erosion control plan for the proposed residential home to be built at 250 Alta Avenue in Ashland, Oregon. The intent of our work is to provide design recommendations for design and construction of the new home. The geotechnical evaluation included a review of available geotechnical and geologic information for the property and vicinity, ground-level reconnaissance of the property and vicinity, and engineering analyses. This report describes the work accomplished and provides our recommendations for development of the lot, including erosion control. PROJECT DESCRIPTION We understand that the proposed new home will consist of a single-family, wood-frame structure with attached garage. The home will be constructed on the uphill (west) side of the property, on the level area adjacent to Alta Avenue. The home will require a concrete cantilevered retaining wall as part of the structure. The retaining wall for the home may be up to about 10 ft high and located along Alta Avenue, on the uphill (west) side of the home. Due to the relatively steep existing slopes along the eastern side (back) of the lot and an existing, failing retaining wall along the north property line, new MSE (mechanically stabilized earth) retaining walls will be required to retain the slopes along the downhill and north sides of the lot. Extreme care must be taken during installation of the new retaining walls to not undermine and destabilize the existing retaining walls. To decrease the risk of the new home's foundations adding excessive loading to the existing retaining walls, the house will require deep spread footing foundations. Downspouts and low-point drains from the home will be hard-piped to the storm water system. SITE DESCRIPTION A senior licensed geotechnical engineer/geologist from AGEGC met you at the site on January 2, 2014 and on October 20, 2016. The lot is located on the east (downhill) side of Alta Road. The site slopes down to the east, away from Alta Street. The lot has been graded with a cut along Alta Road and with several MSE walls on the downhill side of the building pad. A retaining wall constructed of railroad ties is located along the north property line. F E `t 4359-16 250 Alta Avenuc Properly constructed MSE retaining walls consist of the facing (typically proprietary concrete blocks), a geogrid that extends back into the wall backfill from the face of the wall and reinforces the soil, structural backfill (typically compacted crushed rock material such as 3/4-in.-minus crushed rock), and drainage. A wall typically has several layers of the grid for reinforcement of the wall backfill, often spaced on about 2 ft vertical spacings. In walls with multiple tiers, the grids from the lower walls typically extend under the toe of the next wall up and support the upper walls. The lower walls cannot be removed without undermining the support of the upper walls. The existing southern wall section consists of two levels of MSE retaining wall, the northern wall section consists of three levels of MSE retaining wall. The walls are up to about 7 ft high with landscaping areas above each wall. A set of concrete stairs goes from the upper level to the area above the lower wall with a concrete landing at the bottom of the stairs. The slope below the southern wall section is relatively steep. The slope below the northern has been graded with significant fill. Based on potholing below the lowest northern wall, the wall appears to have been constructed on non-structural (uncontrolled) silt fill. Indications of shallow groundwater seepage were not observed on the lot below the walls; however, the area has had minimal precipitation prior to our site visit. In addition, the central portion of the walls is located over a drainage swale. Perched groundwater is typically concentrated in this area. The location and type of drainage behind the walls is unknown. The concrete block facing for MSE retaining walls are normally installed level and with uniform horizontal spacing between blocks. Post-construction differential movements can be evaluated partially by irregularities in the levelness of the blocks and by the spacing between the blocks; however, the total settlement can be difficult to ascertain. Sections of differential settlement of the existing MSE retaining walls were observed during our site visit based on breaks in grade along the top of the wall and irregular gaps in the wall facing blocks. In addition, the concrete landing at the base of the stairs has a slight slope back away from the top of the lowest wall, indicating probable rotation of the wall which is consistent with a bearing capacity failure of a wall. t Surfrcial soils consist of silty sand soils (decomposed granite). Geologic maps of the area indicate the site is underlain by granite. Native slopes in the vicinity of the proposed home site are relatively uniform and no indications of deep-seated slope failures were observed. Soil creep was locally observed on portions of the roadway fill slope. We anticipate that groundwater typically occurs at depths of greater than 30 ft; however, perched groundwater likely occurs at the top of the weathered granite during periods of heavy and/or extended rainfall. Significant changes in the movements (rotation and/or settlement) of the existing MSE retaining walls were not observed between our two site visits to the lot. 2 4359-16 250 Alta Avenue CONCLUSIONS AND RECOMMENDATIONS In our opinion, the property is suitable for development with the single-family residence. The main geotechnical considerations for development of the lot include the remediation of the existing MSE retaining walls, the location/depth of the new homes foundations, and the potential for seasonal perched groundwater. If the geotechnical recommendations for development of the lot are followed, in our opinion, there is no increase in the risk of slope instability on the lot or existing walls. Recommendations for development and erosion control of the lot are provided below. Lot Development 1) Final graded slopes on the lot should be no steeper than 211:1 V. Temporary cut slopes up to 10 ft high completed during dry weather may be excavated at a slope of 1 H:1 V. Landscaping fill should be compacted to at least 90% of the maximum dry density as determined by ASTM D 698. Structural fill under buildings and concrete flatwork should be compacted to at least 95% of the maximum dry density as determined by ASTM D 698. All fills should be overbuilt a minimum of 2 ft beyond final grades then trimmed back to design elevations using a trackhoe equipped with a smooth-lip bucket. The disturbed silty sand soils are highly susceptible to erosion and should be revegetated as soon as practical. Prior to placement of any fill, the ground surface in the fill are should be stripped of organics and existing fill. The strippings are not suitable for use as compacted fill and should be removed from the site or used in landscaped areas. Slopes steeper than 5H: IV to receive fill should be benched with relatively flat areas during fill placement. The benches should be a minimum of 12 ft wide, 2) Fill placed within 3 ft of driveway areas, the house footprint, retaining walls, and concrete flatwork should consist of compacted, structural fill. The on-site soil (without deleterious material) may be used as structural fill if properly moisture conditioned and compacted; however, it is typically not practical to use the on-site materials as structural fill during periods of wet weather. Structural fill may also be constricted of imported granular fill, such as 3/4-in.-minus crushed rock. Structural fill must be compacted to at least 95% of the maximum dry density as determined by ASTM D 698, at a moisture content within 3% of optimum. The ground surface within all areas to receive fill should be stripped of surficial organics prior to placement of the fill. 3) Structural loads may be supported on continuous spread footing foundations founded on stiff native, undisturbed silty sand soils or on structural fill over undisturbed native soils. Pad foundations should not be used for support of the residence including deck support. Foundations should be oriented perpendicular to the slope (east/west) where practical to provide additional lateral support to the home. 4) The existing retaining wall backfill is not suitable for support of residential foundations without significant risk of differential settlement. Foundations should be embedded such that they extend to native, undisturbed soils. Care must be taken to not significantly damage and/or disturb the geogrids for the existing walls. 5) Foundation excavations should be completed using a backhoe or trackhoe equipped with a smooth-lip bucket. The downhill edge of any foundation must be setback an equivalent horizontal distance of at least 10 ft fi-om the face of any slope. This setback may be 3 i 4359-16 250 Alta Avenue I obtained by embedding the foundation below grades. On a 2H:1 V slope, the downhill edge of a foundation must be embedded 5 ft below grade to obtain the recommended slope setback. Spread footing foundations may be designed for an allowable soil bearing pressure of up to 1,500 psf. This allowable soil bearing pressure assumes all footings will be founded as recommended in this report. The minimum width of any footing should not be less than 15 in., and footings should be established a minimum of 18 in. below the lowest adjacent exterior grade. 6) The site should be graded to provide positive drainage away from footings and exterior walls. Subsurface drains (foundation drains) should be provided adjacent to all exterior foundations. 7) Spread footing foundations should be underlain by a minimum of 4 in. of compacted'/- in.-minus, compacted crushed rock on the foundation subgrade to protect the subgrade from disturbance due to construction. The thickness of the crushed rock may need to be increased during wet weather construction. The crushed rock should be compacted with several passes with a smooth-plate vibratory compactor. 8) Concrete slab-on-grade floors should be underlain by a minimum of 9 in. of/-in.-mimes imported crushed rock. If moisture sensitive flooring will be installed of moisture sensitive materials will be stored on the floor, we recommend installation of a moisture retarding membrane under the concrete slab to minimize wicking of moisture up through the slab. The garage floor slab will be located below adjacent exterior grades. To reduce the risk of hydrostatic pressure on the underside of the slab, we recommend drain pipes be installed in the aggregate base for the slab on about 10 ft center to center spacing. The drain pipes should be hard-piped to drain into the storm water system. 9) We understand that additional (new) retaining walls will be constructed as part of the home construction, and that additional (new) MSE retaining walls will be constructed across the north and east sides of the lot to retain existing soils and the existing MSE retaining walls. Rigid (such as concrete cantilevered walls) retaining wall foundations should have the same slope setback requirements as the house foundations. The following embedded wall design recommendations assume that the wall backfill consists of clean granular material (sand or crushed rock) within at least 2 ft of the wall, the backfill is compacted to 90 to 95% of ASTM D 698, the backfill is level within 10 ft of the wall, and the embedded wall is fully drained, i.e., hydrostatic pressure cannot act on the wall. Walls that are allowed to yield by tilting about their base (cantilevered retaining and MSE walls are typically considered yielding) should be designed using a lateral earth pressure based on an equivalent fluid having a unit weight of 35 pcf. We further recommend that horizontal earth pressures due to surcharge loads be taken as an additional uniform horizontal pressure (rectangular pressure diagram) of 0.5 times the intensity of the surcharge load acting over the entire height of the wall. Horizontal shear forces can be resisted partially or completely by frictional forces developed between the base of spread footings and the underlying soil and by passive soil resistance. The total frictional resistance between the footing and the soil is the normal force times the coefficient of friction between the soil and the base of the footing. 4 I f 4359-16 250 Alta Avenue We recommend an ultimate value of 0.3 for the coefficient of friction; the normal force is the sum of the vertical forces (dead load plus real live load). 10) We estimate that relatively hard rock occurs at a depth of less than 20 ft at the site. In our opinion, seismic design for the new home can be completed based on a Site Class B material. 11) A qualified geotechnical engineer should evaluate structural fill placement and compaction, and examine the foundation excavations and evaluate the subgrade prior to construction of the foundations. Mechanically Stabilized Earth (MSE) Retaining Walls Mechanically stabilized earth (MSE) retaining walls up to about 10 ft high are planed downhill of the existing MSE walls and along the northern property line. Because of the location of the existing retaining walls, extreme care must be taken during installation of the new walls to not undermine and/or destabilize the existing retaining walls. This may include installation of the new walls in short sections (installation of the wall concurrently as excavation of the wall occurs) and/or temporary removal of portions of the existing MSE retaining walls. The geotechnical engineer of record for the new walls must work closely with you during construction of the new walls to reduce the risk of failure of the existing walls. MSE walls consist of geogrid reinforced soil, compacted (structural) fill, and a facing to retain the fill. We anticipate that the structural fill for construction of the MSE walls will consist of sand soils (decomposed granite) and imported crushed rock fill (3/4-in.-minus crushed rock) with a minimum angle of internal friction of 35°, and a dry unit weight of between 120 and 140 pef Silty decomposed granite soils should not be used for wall construction. The backfill should be compacted to at least 95% of the dry density as determined by ASTM D 698. The geogrid should extend back from the face a distance equal to 75% of the total wall height. The total wall height for design purposes should be measured from the toe of the wall to the top of the wall. The MSE wall reinforcement should consist of Miragrid 5XT geogrid (or equivalent) installed with the higher strength perpendicular to the face of the wall. For 8-in.-high block facing, the first two layers of geogrid should be installed two and four blocks from the top. The remainder of the grids should be installed every third block, starting at 7 blocks from the top. The blocks should be underlain by a minimum of 12 in. of compacted '/4 -in.-minus crushed rock placed as structural fill. Subgrade should consist of competent, native silt soil. The base of the wall should be embedded to provide a minimum horizontal setback from the slope of 6 ft (2 ft of embedment on a 3H:1 V slope). A minimum of 2 blocks should be embedded below final grades. A 12-in.-wide drainage layer should be installed along the back of the MSE wall geogrids. Where the drain rock is adjacent to the native silty sand soils, a non-woven geotextile (5 oz minimum weight) must be placed to separate the soils from the drain rock to prevent erosion of the soil into the rock. A 4-in.-diameter perforated drain should be placed at the bottom of the drain rock section and connected to the storm water system. 5 4359-16 250 Alta Avenue Erosion Control The intent of the erosion control plan is to decrease erosion and off-site migration of soils. This can be accomplished by decreasing surface water runoff by means of vegetation, hay bales and rock coverings or cheekdams; holding the soil in place by establishing a vegetation cover as soon as practical; and by directing surface water flow away from areas disturbed by construction activities. i 1) We anticipate that a portion of the property will be disturbed during construction of the proposed structures, driveway, and site grading including the backyard fill. Landscape areas on the lot where the vegetation is disturbed or removed should be revegetated as soon as practical. The silty sand (decomposed granitic soils) is easily eroded when disturbed by construction activities. Mulch consisting of either straw, wood cellulose fiber or other similar materials can be placed in areas where landscaping will not be established prior to September 15. If required, the mulch should be applied at a rate of approximately 2,000 pounds per acre. Downspouts and other drains should be connected (hard-piped) to the storm water system as soon as practical. 2) We recommend all exposed soil areas (all graded areas) be graded such that surface water upslope of the disturbed area is directed away from the exposed soil. Any surface water flow on the exposed soil should move as sheet flow rather than concentrated flow. 3) Runoff from the disturbed portion of the site may contain some soil material. To further reduce the risk of sediment leaving the site during periods of wet weather (typically winter and spring months), small settling basins can be installed at the start of the wet season below the site at the discharge end of graded areas, ditches and swale areas. Straw bales should be staked along the downhill edge of the settling basin. Water can be discharged from the settling basin using 4-in.-diameter flex pipe. The settling basins should be installed no later than September 30. 4) Straw bales or silt fencing should be installed along the downhill edge of the proposed construction (along the east and north sides of the property). The silt fence should be embedded at least 4 in. into the ground and should be staked in place. The straw bales should be placed end-to-end and staked in place to prevent separation between the bales. The silt fence and straw bales should be placed to direct surface water runoff from the site towards the settlement basins. 5) During construction and prior to establishment of the site landscaping, the erosion control measures must be monitored and will require periodic maintenance. Maintenance may include removal of sediment from upslope of the straw bales or silt fence, removal of sediment from the settlement basins, and the placement of additional straw bales or sediment fence. The amount of required maintenance of the erosion control measures will decrease significantly as the landscaping becomes established. 6) The project geotechnical engineer should evaluate the erosion control measures periodically during construction, including on about September 30 and after storm events. 6 i i 4359-16 250 Alta Avenue LIMITATIONS This report has been prepared to aid the owner's design team in the design and construction of the proposed home, detached garage and retaining walls on the referenced building lot. The scope is limited to the specific project and location described herein, and our description of the project represents our understanding of the significant aspects of the project relevant to the design and construction of the proposed home and retaining walls. The conclusions and recommendations submitted in this report are based on the information described above- It should be understood that there are limitations in a study of this type (without field explorations). If the owner wishes to reduce these uncertainties beyond the level associated with this report, we should be advised at once. We have performed these services in accordance with generally accepted geotechnical engineering practices in southern Oregon at the time the study was accomplished. No other warranties, either expressed or implied, are provided. Please contact AGEGC if you have any questions or require additional information. Sincerely, Applied Geoteehnical g>j ineering an Geologic Consulting LLC Robin L. Warren, G.E., R.G. p, R Principal GIN r i 150,15P 0 ' EGO o- 25, ~N L. W PPP Renewal: June 2018 7 fi. E June 15, 2015 Vadim Agakhanov 521 Schofield St. Ashland, OR 97520 (541) 951-6727 Dear Mr. Agakhanov, At your request "To The Point Land Surveying, LLC" measured the grade along the West Property Line of 250 Alta Avenue in Ashland, Oregon. As of June 11, 2015, we find the grade to be 25.82%. This measurement was made between the Northwest and Southwest property corners. The horizontal distance measured was 131.20 feet with a vertical difference of 33.87 feet. Thank you, ✓~~~.t G1iv1. G'~~ Jason M. Martin, PLS President To The Point Land Surveying, LLC REGISTERED PROFESSIONAL LAND SURVEYOR OREGON MAY 8, 2012 JASON M. MARTIN 54729 RENEWS: 1 - - 2 apt C5 AV V1 lV x ' a q ° J Y 1: ~ - B~j WA, W k I E x x.25_ ~ ~ \ , ~ ~,',I' ~ U•- - 'tea z 02 w4 CQ J 4-9 060\; - I - 12 oi- vN, N w z s~ w i b~ I 11 _ fi ♦ 4 Z. ~n I w ~ f 1, i 1 I It l I ,i i \ I v 1 I I i I ~ n ~ 77 I a 9 Z/ (Ti LI \ 11 I 1 I I T ~1 I. I II D li I'.I ~ :~~I~I 11 I i II ~ 'ill ,,jl 1 i l I ~ 11 it I li+, ~ I! 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Of \ / z h I \ Q omN a w i~ \ Q~ a3< \ //I W/ LLZV- Q L (D m jwmj of j -E \ \ \ m IT vv x ~/v/ice ' F-job Address: 250 ALTAAVE Contractor: ASHLAND OR 97520 Address: C P Owner's Name: AGAKHANOV VADIM ETAL P Phone: Customer 08299 N State Lic No: P L AGAKHANOV VADIM ETAL T City Lic No: Applicant: 131 MEADE ST R Address: ASHLAND OR 97520 A G G Sub-Contractor: A Phone: T Address: N Applied: 05/09/2017 0 T Issued: Expires: 11/05/2017 Phone: State Lic No: Maplot: 391 E05DC1301 City Lic No: DESCRIPTION: P & E VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Physical Constraints Permit 1,022.00 CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 CITY F 1-115" LAN "v i ~I i reby certify the contents of this application to be correct to the of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts erstood and agreed to the following: Building: $ 0.00 $ 0.00 Flh is permit s hall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00 I` or regulation provisions relating to time lapse and revocation (180 days). Development Fees: $ 0.00 $ 0.00 2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00 required inspections shall be called for 24 hours in advance. 3. Any modifications in plans or work shall be reported in Utility Connection Fees: $ 0.00 $ 0.00 advance to the department. Public Works Fees: $ 0.00 $ 0.00 4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 1,022.00 $ 1,022.00 or local laws, ordinances, or regulations rests solely with the applicant. Sub-Total: $ 1,022.00 Fees Paid: $ 1,022.00 Applicant Date Total Amount Due: $ 0 COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 CITY F &-A 0 In