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Home My WebLink AboutIvy_Morton_PA-T1-2020-00133CITY O�F 11:a&,.SHLAW* February 3, 2021 Notice of Final Decision On February 3, 2021, the Community Development Director approved the request for the following: Planning Action: PA-TI-2020-00133 Subject Property: 39 1E 16AC #300 Morton Street to West Ivy Lane Applicant/Owner: Hardey Engineering & Associates / City of Ashland Description: A request for Physical and Envirormiental Constraints Review Permit for I lillside Land to facilitate the construction of an approximately 3 00-foot section of a 12-inch water line that extends from Ivy Lane to Morton Street. The area of disturbance subject to, the review is just west of the West Ivy Lane right-of-way. The request includes Severe Constraints Review because portions of the property are greater than 35 percent slopes. The application also includes a request for a Tree Removal Permit to remove 19 trees between 6-inches DBIJ to 18- inches D131-1. COMPRE HENSIVE P1.,AN DESIGNATION: Rural Residential and Woodland Residential; ZONING: RR-.5 & WR; ASSESSOR'S MAP: 39 IE 16AC; TAX 1,OT: 300 The Community Development Director's decision becomes final and is effective on the 12 1h 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 docurnents 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 array not be made directly to the Oregon Land Use Board of Appeals. If you have any question-, regarding this decision, please contact Aaron Anderson in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNlTY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 wNvw asWandmr us, SECTION 18.5.1.050 Type I Piocctliu-e (A(ineinist►•ativc Decisions with Notice) C. 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. Ally party entitled to notice oaf 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 all 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 receive(] within five days of nailing tine notice of decision, The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If tlse Staff Advisor is satisfied that all error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within tell days to affirm, modify, or reverse tine original decision. The City shall send notice of tine reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. d. If tlse Staff Advisor is not satisfied that an error occurred crucial to the decision, tine Staff Advisor shah decry 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 tine following: 1, Who May Appeal. The following persons have standing to appeal a Typc 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.II. c. Any other person who participated in tine proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Tiling Procedure. a. Notice of Appeal. Ally 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 tiwe 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 tine 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 oflIppmal. The notice ofappeal 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 tine 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 requinreasne►nts of this section must be ftilly met or hire appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings oat Type I decisions made by the Staff Advisor shall be de novo hearings before tine Planning Commission, The appeal shall not be limited to tine application materials, evidence and other documentation, and specific issues raised in the review leading tip to the Type I decision, but may include other relevant evidence and. arguments. The Commission may allow additional evidence, testimony, or argument concerning ally relevant ordinance provision. 46 Appeal Hearing Procedure. Hearings oil 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 tine Planning Commission is the final decision of the City oil an appeal of a 'Type I decision. A decision oil all 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: 541A88-5305 51 winaurn way Fax: 541-552-2059 Ashland, Oregon 97520 TT'Y: 800-735-2900 ' a os ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-TI-2020-00133 SUBJECT PROPERTY: 39 1E 16AC #300 Morton Street to West Ivy Lane APPLICANT: Hardey Engineering & Associates / City of Ashland OWNER: D & S Ventures LLC DESCRIPTION: A request for Physical and Environmental Constraints Review Permit for Hillside Land to facilitate the construction of an approximately 300-foot section of a 12-inch water line that extends from Ivy Lane to Morton Street. The area of disturbance subject to the review is just west of the West Ivy Lane right-of-way. The request includes Severe Constraints Review because portions of the property are greater than 35 percent slopes. The application also includes a request for a Tree Removal Permit to remove 19 trees between 6- inches DBH to 18-inches DBH. COMPREHENSIVE PLAN DESIGNATION: Rural Residential and Woodland Residential; ZONING: RR-.5 & WR; ASSESSOR'S MAP: 39 1 E 16AC; TAX LOT: 300 SUBMITTAL DATE: November 25, 2020 DEEMED COMPLETE DATE: December 23, 2020 STAFF DECISION DATE: February 3, 2021 DEADLINE TO APPEAL (4:30 p.m.): February 15, 2021 FINAL DECISION DATE: February 16, 2021 APPROVAL EXPIRATION DATE: August 16, 2021 DECISION The proposal is to install a watermain as planned in the Ashland Water Distribution Master Plan. This project previously received planning approval in 2014 (see PA#2014-02045), but the land use approval was allowed to expire prior to any construction taking place. The application is identical to the materials that were submitted for the 2014 planning action. The proposed project is intended to provide a loop between South Mountain Avenue, via West Ivy Lane and Morton Street to increase water pressures, to eliminate an existing dead -ended water system and to reduce the reliance on existing water pumping stations. A 300-foot section of pipeline, located just west of the West Ivy Lane right-of-way, will be situated on private property on lands with a slope in excess of 35 percent. Because the area of land involved exceeds the thresholds of AMC 18.3.10.020 it therefore requires a Physical and Environmental Constraints Review Permit. However, the application does not involve the construction of buildings, roads, driveways, parking or other structures and as such the application of the Development Standards is somewhat limited. Subject Property The property is a 17.8-acre undeveloped lot that is heavily wooded and dominated by slopes exceeding 35%. The property is zoned Woodland Resource (WR) and Rural Residential (RR-.5). PA-T1-2020-00133 Morton / Ivy waterline IAA Page I Beach Creek rims through the property frorn the southwest to north east. Waterline road ends at the western edge of the property, and Ivy Street terminates near the southeast corner of the lot. There is presently a waterrnain that runs east to west from the end of Waterline Road across the property in a public casement exiting at the property addressed as 911 Beach St. The proposed project is to extend the watermain from Ivy Street having it run to the north connecting to the existing main. Proposed Development As mentioned above the project involves replacing an existing main and install a new water main from Ivy St. to the north where it connects to the existing main that traverses the property. The project site is within a public utility easement that traverses 39-1E-16-AC Tax Lot #300 along the existing main. The application materials include evidence of a new twenty -foot easement along the eastern edge of the property from the southern edge of the Ivy St Right -of -Way and runs 315' to the north, connecting to the existing easement. The easement includes an additional fifty feet in width to the west as a temporary construction easement. The applicant's findings state that the waterline project is part of the City's Water Distribution Master Plan and is intended to provide a "water loop" between the waterlines in South Mountain, Ivy Lane and Morton Street. The water line loop will increase water pressures, eliminate dead ended water systems and reduce the reliance on water pumping stations. The project is a trench to install a 12-inch waterline. The pipe will be placed in six -inches of 3/a minus crush rock with additional crushed rock around the pipe. The trench will then be backfilled with native materials. Rock check dams and wattles will be placed across the excavation area in 30-foot intervals. Based on the materials presented the applicant has addressed the criteria from AMC 18.3.10.050 and that measures have been taken with the project to minimize the potential adverse impacts have been minimized through the installation of drainage rock within the trench and rock check dams and wattles over the excavated area. Additionally, the potential hazards have been addressed with the installation of hydroseeding. A Physical and Environmental Constraints Review Permit for Sever Constraints Land is required because the new waterline extending downhill from Ivy Lane to the waterline on the north end of the property exceeds 35 percent slopes. The proposed waterline meets the definition of development on severe constraints land because the arnount of site disturbance exceed 1,000 square feet and more than 20 cu yards of fill are require to be removed for tine trench. As addressed by the language in the section of code refers to building structures, the intent of that section of code was for the construction of structure and to require engineering to verify that the "structure" will protect the aesthetic qualities of the land and protects adjacent properties from erosion, sedimentation and slope failure. Design Stan&trrls & Approval Criteria The Design Standards for Hillside Lands are written to primarily to govern the development of structures, as such, some of the standards do not relate to the proposed project as it is a buried water main. Therefore, Design Standards that are not relevant, such as building envelope and building design, will not be specifically addressed. The applicant's findings state that no new streets, flag drives, or driveways will be constructed under this project. All areas disturbed by construction access will be restored to their pre -construction condition with the exception of the PA-TI-2020-00133 Morton / Ivy waterline /AA Page 2 placement of erosion control devices. No permanent accessways will be established over this section of the pipeline corridor. Grading and Erosion Control This project does not incorporate any structural cuts or fills. A single two -foot wide by four -and - a -half foot deep trench will be excavated with a tracked excavator, The 12-inch ductile iron pipe will be placed in six -inches of3/4-minus crushed rock in the trench bottom as pipe bedding. Additional 3/a-minus crushed rock will be placed around the pipe zone to a depth of six -inches over the pipe top. The remainder of the trench will be back -filled with select native excavated material in an effort to establish a condition as close to the original site as possible. Backfill material will be compacted to 95 percent density to prevent settling of the trench proper. The trench area and all other disturbed areas will be re -seeded by hydro -seeding with a mixture of grass seed, fertilizer and a tackifer to hold the mixture in place on the steep grade. Rock check dams and wattles will also be placed at approximately 25-foot intervals across the excavated areas to prevent erosion resulting from surface run-off. Erosion control details are shown in greater detail on the plans included with the application. Erosion control measures for this project consist of hydro -seeding to re- establish a natural grass groundeover similar to what presently exists. Due to the rural and severe nature of the site, the grass cover will be left to naturally propagate without benefit of irrigation or other cultivation. Rock check dams will also be constructed using four -inch minus angular rock. The dams will be approximately 12-inches high and spaced 50 to 75 feet apart alternately angled (see attached plans) to prevent water from concentrating in any single location. Rock dams will be constructed of durable basaltic rock to ensure their- longevity. In addition to the permanent rock check dams, two wattles will be placed at equal spacing between the rock dams. The wattles will be securely staked in place and remain in place as a semi -permanent feature. The wattles will eventually bio-degrade after the grass and ground cover have been established. a Timing of Imnrovements The intention of public works is to begin construction of this project in Mai -ell of this year. However, the code requires that all land disturbances shall only occur from May I to October 31. That said, the code allows for tip to a 45-day modification to the May 1 date as determined by the Planting Director. A condition of approval will require that the project shall not begirt until May I" unless the Planning Director makes such a determinization. • Retention in natural state The subject parcel is 17.79 acres or 774,932 square feet in size. The construction area is approximately 6,000 square feet, or less than one percent of the total area. Most of the 17.79-acre parcel is undisturbed lower elevation woodlands with thepredorninant tree species being oaks and madrones with a few scattered conifers. The tree canopy is open enough to allow a variety of grasses among the trees, This project will re-establish a similar growth of grass and will maintain an appearance similarto that prior to the PA-TI-2020-00 [ 33 Morton 1 Ivy waterline IAA Page 3 construction, however no trees are proposed to be planted within ten feet of either side of the waterline to provide for future pipeline access. • Drainage This project will create no new impervious surfaces or areas that will require constructed drainage facilities to move stormwater run-off from the site. By using permanent check dams, wattles and hydro -seeding of all disturbed areas, a permeable condition will be created to nliniinize any possible run-off. • Tree Removal & Exception to the Development Standards There are 14 trees in the vicinity of the new waterline that will be impacted by the proposal. All are greater than six -inches in diameter at breast height. The application explains that "By choosing to construct the pipeline in a straight line in the shortest route possible the impact to existing adjacent trees is negated and the need to protect significant adjacent trees is greatly reduced." At the January regular meeting of the Tree Commission staff presented the application. A representative from public works represented the application was able to answer the few questions that the tree commission had. After a brief deliberation, the Tree Commission voted unanimously to recommend approval of the project as proposed. The application includes a request for all exception to the Development Standards for Hillside Lands, specifically requesting an exception to the requirement that the trees removed be mitigated by replacement planting. The application explains that for the following reasons this exception should be granted: a) The property is already densely forested with trees similar to those proposed for removal b) To plan trees within the construction corridor would inhibit the City's ability to maintain the waterline in the fixture c) That the tree removal constitutes a 0.5% reduction in the total number of trees on the property d) The removal of the trees proposed for removal will effectively provide a wild fire buffer zone between the property and the adjacent residential neighborhood. Staff finds that the exception is the minimum necessary to alleviate the difficultly and is consistent with the stated purpose and intent of the ME chapter. Staff, in considering the request for an exception to the requirement, find the explanation reasonable, and approve the requested exception. Sever Constrained Lands The application includes a geoteclvlical and geologic evaluation Prepared by Applied Geotechnical Engineering which is required due to disturbance and excavation from lands classified as severely constrained. The Geotechnical report provides a description of the project PA-TI-2020-00133 Mortmi 1 Ivy waterline IAA Page 4 site and stated that there was no evidence of slop instability. The report includes recommendations for erosion and sediment control including wattles at thirty-foot intervals along the newly excavated trench. The application concludes that "the construction of the waterline will not increase the risk of slope instability or substantially change surface water or groundwater conditions" Public Comment During the public comment period staff received no written comment from the public. One citizen who saw the signs posted called and inquired about the details of the project, but declined to submit a written statement. Conclusions The applicant has submitted a detailed set of findings addressing each of the relevant approval criteria, and by its reference is incorporated herein as if set out in full. The proposal, with the conditions of approval listed below, rneets the requirements of the Physical and Environmental Constraints chapter for Hillside development, sever constrained lands, and the relevant design standards. The criteria for a Physical and Environmental Constraints Review Permit are described in the Physical and Environmental Constraints Chapter, 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. Staff finds that Planning Action #T1-2020-00I33, a request for a Physical and Environmental Constraints permit including tree removal, complies with all applicable city ordinances with the imposition of the conditions attached below. Therefore, Planning Action TI-2020-00133 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action T1-2020-00133 is denied. The following are the conditions and they are attached to the approval: I } That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That all erosion controls measures proposed shall be installed and inspected on site prior to any site disturbance. The proposed hydro -seeding post construction shall be installed on site in accordance with the supplier's specifications. PA-T l-2020-00133 Morton / Ivy waterline IAA Page 5 3) That no excavation / land disturbance shall be permitted until May 1, 2021 unless the Planning Director grants a modification of not more than 45 days as allowed in AMC 18.3.10.090.B.2. 02/03/2021 Bill Molnar, Director Date Department of Community Development PA-TI-2020-00133 Morton / Ivy waterline IAA 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 February 3, 2021, 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 the Planning Action #PA-T1-2020- 00133,lvy & Morton. Req4L,t W 7 Signature of Employee G:1wmm-de4lanning0lanningActonsTAsbySVeeiYVvyUvy_.MonVvy&Macon_PA-T1-2020-00133Mdc2rgW06Uvy_6iMan PA-T1-202MI33 Nfidavito0.iaing.docx21312021 dn•dod piogae q aapnai ap ur}e ainyoeq el a zat�dag s}ua�ed�worNane :aed lead Ase3 assaipe,p sa};anbi13 PA-T1-2020-00133 391E16AC 300 ALLISON SUSANN CLARK TRUST ET PO BOX 727 ASHLAND, OR 97520 PA-T1-2020-00133 391 E 16AC 300 BURNHAM R OlMLDRED I NARUM 809 BEACH ST ASHLAND, OR 97520 PA-T1-2020-00133 391E16AC 300 DE LAMATER ANNE PO BOX 282 ASHLAND, OR 97520 PA-T1-2020-00133 391E16AG 300 DUGGAN PATRICIA A 925 MORTON ST ASHLAND, OR 97520 PA-T 1-2020-00133 391 E 16AC 300 BAXTER JOHN R ET AL 831 LIBERTY ST ASHLAND, OR 97520 PA-T1-2020-00133 391E16AC 300 CONNER JUDY F TRUSTEE ET AL 880 MORTON ST ASHLAND, OR 97520 PA-T1-2020-00133 391E16AC 300 DEMATTEI RANDALL J TRUSTEE ET 932 MORTON ST ASHLAND, OR 97520 PA-T1-2020-00133 391 E16AC 300 FADER CLARA L 338 HOLLY ST ASHLAND, OR 97520 PA-T1-2020-00133 391 E 16AC 300 BUCCINA JUNE 784 LISA LN ASHLAND, OR 97520 PA-T1-2020-00133 391 E 16AC 300 D & S VENTURES LLC 2815 EASTLAKE AVE E #300 SEATTLE, WA 98102 PA-T1-2020-00133 391 E16AC 300 DIMITRE THOMAS N TRUSTEE 901 BEACH ST ASHLAND, OR 97520 PA-T1-2020-00133 391El6AC 300 HAWK MEGANIPAUL 836 MORTON ST ASHLAND, OR 97520 PA-T1-2020-00133 391E16AC 300 PA-T 1 -2020-00133 391E16AC 300 PA-T 1 -2020-00133 391E16AC 300 IZADPANAH ALI REZAILISA BETH JUAREZ JAMES KNOROSKI JOHN J TRUSTEE 910 MORTON ST 855 LIBERTY ST 864 MORTON ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 _ _ PA T1 _ 2020 00133 391 E16AC 300 PA-T1-2020-00133 391 E16AC 300 PA-T 1 -2020-00133 391E16AC 300 LAMORE THOMAS J/LINDA E LITTMAN-SCHNOBRICH FAMILY TRU LOGAN KAREN 784 OAK ST 898 MORTON ST 12895 HIGHWAY 66 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00133 391 E16AC 300 NICKELS JAC 821 BEACH ST ASHLAND, OR 97520 PA-T1-2020-00133 391E16AC 300 PHILIPPS FRANK J TRUSTEE ETA 813 BEACH ST ASHLAND, OR 97520 PA-T1-2020-00133 391 E16AC 300 SHERIDAN JAMES D 825 WATERLINE RD ASHLAND, OR 97520 PA-T1-2020-00133 391 E16AC 300 PALEN KENNETH R/MARGARET K 2665 ALVARADO TER S SALEM, OR 97302 PA-T 1-2020-00133 391 E 16AC 300 QUINN DANILESLEY 922 MORTON ST ASHLAND, OR 97520 PA-T1-2020-00133 391 E 16AC 300 SINGER REUVEN DIBALDOVINO BER 800 LISA LN ASHLAND, OR 97520 PA-T 1 -2020-00133 391El6AC 300 PARK ESTATES ASSOC INC PO BOX 72 ASHLAND, OR 97520 PA-T 1-2020-00133 391 E 16AC 300 RIEDL PETER/HERSHKOWITZ-RIEDL 799 LISA LN ASHLAND, OR 97520 PA-T1-2020-00133 391 E16AC 300 STOCKING JON TRUSTEE ET AL 1421 BRUCE AVE GLENDALE, CA 91202 PA-T1-2020-00133 391E16AC 300 PA-T 1 -2020-00133 391E16AC 300 PA-T1-2020-00133 391E16AC 300 SUNCREST HOMES LLC TEKER SUNI S ET AL THOMAS MICHAEL DORSEY TRUSTEE PO BOX 1313 811 BEACH ST 828 WATERLINE RD TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520 i ;dn-dod plogaj al JaIanal ap up ajny:)e4 el a -!!dad I lead Ase3 assaipe, p saalanbijA I k sjua;ed/wo:)•/dane ; led PA-T1-2020-00133 391 E16AC 300 PA-T1-2020-00133 391E16AC 300 PA-T1-2020-00133 391E16AC 300 THUSIUS DARWINIANGELIKA WELLES RANDAL TRUSTEE ET AL WILLUMSEN HAZER ADRIANAIKEN 897 BEACH ST 260 SHERIDAN ST 911 BEACH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 Kevin Caldwell Ivy & Morton PA-T1-2020-00133 City of Ashland 214/2021 NOD 34 Planning Department. 51 Winuo ) rn Way, Ashland, Oregon 97520 C I T Y 0 F 541-488-5305 Fax: 541-552-2050 www.ashland,or,us TTY: 1-800-735-2�900 I LAIN", -ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA-T1-2020-00133 SUBJECT PROPERTY: Tax Lot 391E16AC300 between Morton and Ivy Lane OWNER/APPLICANT: Hardey Engineering & Associates / City of Ashland DESCRIPTION: A request for Physical and Environmental Constraints Review Permit for Hillside Land to facilitate the construction of an approximately 300-foot section of a 12-inch water line that extends from Ivy Lane to Morton Street, The area of disturbance subject to the review is just west of the West Ivy Lane right-of-way, The request includes Severe Constraints Review because portions of the property are greater than 35 percent slopes. The application also includes a request for a Tree Removal Permit to remove 19 trees between 6-inches DBH to 18- inches I)I3H. COMPREHENSIVE PLAN DESIGNATION: Rural Residential and Woodland Residential, ZONING: RR-.5, ASSESSOR'S MAP #: 391E16AC; TAX LOT: 300 NOTE: The Ashland Tree Commission will review this Planning Action at an electronic public hearing on Thursday, January 7, 2021 at 6:00 PM. See page 2 of this notice for information about participating in the electronic public: hearing. NOTICE OF COMPLETE APPLICATION: December 23,2020 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January 12, 2021 VIP Subject IProperty 391 Ell 6AC TL 300 PA-TI-2020-00133 19 gJ7 GO C�:\coflitii-(Iev\pl,lnningT]aiiiiing AcdonsTA Is by StreeMvyVvy Moaon\hry & Nfoaan_PA-11 -2020-0Q133\J\'ofiejng\Jvy Morlon_PA-TI -2020-001 33—NOC.docx 1[-- OVER Tree Commission Meetings Notice is hereby given that the Tree Commission will hold an electronic pub5c hearing on the above described planning action on the meeting date and time shown on Page 1. If you would like to watch and listen to the Tree Commission meeting virtually, but not participate in any discussion, you can use the Zoom link posted on the City of Ashland calendar website t1p.§-11wwN. ash Ia nd. o r, us/cale ridar. asp. L . . . . . ............... Anyone wishing to submit written comments can do so by sending an e-mail to PC-public-testimony@ashland.or.us with the subject line "Advisory Commission Hearing Testimony" by 101:00 a.m. on WednesdayJanuarV 6, 20,21. If the applicant wishes to provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public- testimony@ash land. or. us with the subject line "Advisory Commission Hearing Testimony" by 10:00 a.m. on Thursday, January 7, 2021. Written testimony received by these deadlines will be available for Tree Commissioners to review before the hearing and will be included in the meeting minutes. Oral testimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic meeting, send an email to PC-public-testimony@ashiand.or.us by 10:00 a.m. on Wednesday., January 6, 2021. In order to provide testimony at the public hearing, please provide the following information: 1) make the subject line of the email "Advisory Commission Testimony Request", 2) include your name, 3) specify the date, and commission meeting you wish to testify at, 4) specify the agenda item you wish to speak to, 5) specify if you will be participating by computer or telephone, and 6) the name you will use if participating by computer or the telephone number you will use if participating by telephone. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 5,41-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title 1). The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice. Because of the COVID-1 9 pandemic, application materials, are provided online and comments will be accepted by email. Alternative arrangements for reviewing the application or submitting comments can be made by contacting! (541) 488-5305 or planningCcDashland.orms, A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at hjtps,// i�s.asli�a�n(l.or�usLqgy_Q[ppr!I potpropqsals/. Copies of application materials wills be provided at reasonable cost, if requested. Under extenuating circumstances, application materials may be requested to be reviewed in -person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing pLannii1gft ,aL sh and.or. us. _ Any affected property owner or resident has a right to submit written comments to plp in @ashland.or.us or to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:3,0 p.m. on the, deadline date shown on Page 1. 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. If you have questions or comments concerning this request, please feel free to contact Aaron Anderson at 541-535-5305 and aaron. a nclerson_@ash land, or, Lis . 0 AaionsYMs by & Nloiloii—IIA-TI-2020-00133\hoticin&,lIvy-�%lorion_PA-'1'1-2020-00133 NOC.doex PHYSICAL & ENVIRONMENTAL CONSTRAINTS 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 boon 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. TREE REMOVAL. PERMIT 18.5.7.040. B Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 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 18.10. 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. 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. 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, 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. G:4epnuia-devlplauninglPlauning AclionsTAs 6y StreetUl1vylhy_Morton\1 y K Morton _PA-T1-2020-00133L\'olicinp\l�,y-pforton_PA-T1-2020-00133_NOC.docx STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On December 23, 20201 caused to be mailed, by regular maH, 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-T1-2020-00133, Ivy & Morton Tax Lot 391 El 6AC 300. M,111"A�I'lv 11--11P Signature of Employ] G:�omrn-devVplanninS�PlannlngALbonskPAs by SteeNvyVvy-l2oi6on%lvy&t.lor1o6t-PA-T I -2020-00133%laficingWRDAVIT OF MAILING NOC.doex 12122020 PA-T 1 -2020-00133 391El6AC 300 PA-T1-2020-00133 391El6AC 300 ALLISON SUSANN CLARK TRUST ET BAXTER JOHN R ET AL PO BOX 727 831 LIBERTY ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00133 391 E16AC 300 PA-T1-2020-00133 391 E16AG 300 BURNHAM R 01MILDRED I NARUM CONNER JUDY F TRUSTEE ET AL 809 BEACH ST 880 MORTON ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00133 391E16AC 300 PA-T1-2020-00133 391E16AC 300 DE LAMATERANNE DEMATTEI RANDALL J TRUSTEE ET PO BOX 282 932 MORTON ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00133 391E16AC 300 PA-T1-2020-00133 391E16AC 300 DUGGAN PATRICIA A FADER CLARA L 925 MORTON ST 338 HOLLY ST ASHLAND, OR 97520 'ASHLAND, OR 97520 PA-T1-2020-00133 391E16AC 300 PA-T1-2020-00133 391E16AC 300 IZADPANAH ALI REZAILISA BETH JUAREZ JAMES 910 MORTON ST 855 LIBERTY ST .ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00133 391E16AC 300 PA-T1-2020-00133 391 E16AC 300 LAMORE THOMAS JILINDA E LITTMAN-SCHNOBRICH FAMILY TRU 784 OAK ST 898 MORTON ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00133 391 E16AC 300 PA-T1-2020-00133 391 E16AC 300 NICKELS JAC PALEN KENNETH RIMARGARET K 821 BEACH ST 2665 ALVARADO TER S ASHLAND, OR 97520 SALEM, OR 97302 PA-T1-2020-00133 391 E16AC 300 PA-T1-2020-00133 391E16AC 300 ! PHILIPPS FRANK J TRUSTEE ETA QUINN DANILESLEY i 813 BEACH ST 922 MORTON ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00133 391E16AC 300 PA-T1-2020-00133 391E16AC 300 SHERIDAN JAMES D SINGER REUVEN DIBALDOVINO BER 825 WATERLINE RD 800 LISA LN ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00133 391E16AC 300 PA-T1-2020-00133 391E16AC 300 SUNCREST HOMES LLC TEKER SUN S ET AL PO BOX 1313 811 BEACH ST TALENT, OR 97540 ASHLAND, OR 97520 PA-T1-2020-00133 391 E16AC 300 BUCCINA JUNE 784 LISA LN ASHLAND, OR 97520 PA-T 1 -2020-00133 391 E16AC 300 D & S VENTURES LLC 2815 EASTLAKE AVE E #300 SEATTLE, WA 98102 PA-T1-2020-00133 391E16AC 300 DIMITRE THOMAS N TRUSTEE 901 BEACH ST ASHLAND, OR 97520 PA-T 1 -2020-00133 391E16AC 300 HAWK MEGANIPAUL 836 MORTON ST ASHLAND, OR 97520 PA-T1-2020-00133 391 E16AC 300 KNOROSKI JOHN J TRUSTEE 864 MORTON ST !ASHLAND, OR 97520 PA-T1-2020-00133 391E16AC 300 LOGAN KAREN 2895 HIGHWAY 66 ASHLAND, OR 97520 PA-T1-2020-00133 391 E16AC 300 PARK ESTATES ASSOC INC PO BOX 72 ASHLAND, OR 97520 PA-T1-2020-00133 391 E16AC 300 RIEDL PETERIHERSHKOWITZ-RIEDL 799 LISA LN ASHLAND, OR 97520 PA-T1-2020-00133 391E16AC 300 STOCKING JON TRUSTEE ET AL 1421 BRUCE AVE GLENDALE, CA 91202 PA-T1-2020-00133 391E16AC 300 THOMAS MICHAEL DORSEY TRUSTEE 828 WATERLINE RD ASHLAND, OR 97520 PA-T1-2020-00133 391E16AC 300 PA-T1-2020-00133 391E16AC 300 PA-T1-2020-00133 391E16AC 300 THUSIUS DARWIN/ANGELIKA WELLES RANDAL TRUSTEE ET AL WILLUMSEN HAZER ADRIANAIKEN 897 BEACH ST 260 SHERIDAN ST 911 BEACH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 Kevin Caldwell Ivy & Morton City of Ashland 12/23/2020 NOC 34 Planning Division ZONING PERMIT APPLICATION CITY OF 51 Winburn Way, Ashland OR 97520 FILE # -ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT Ivv MortQn Waterfinep C'tyDJ_Ash1and.Proiect #2014-04 DESCRIPTION OF PROPERTY Street Address Ivy Lane Ashland, OR Assessor's Map No. 39 1 E 16 Zoning RR.5, WR, P-overlay Pursuing LEEDO Certification? 0 YES U NO Tax Lot(s) 300 Comp Plan Designation Low density residential. Woodland APPLICANT Name Kevin Caldwell, City of Ashland —Phone 541-552-2414-Mail kevin,caldwell@ashland.or.us Address Ashland Pubfic Works 20 E Main St PROPERTY OWNER Name D&S Ventures, LLC Address 1000 N . Northlake Way 133 81= Phone E-Mail Zip 97520 City Seattle, WA ZiP98103 SURVEYOR, ENGNEERARQHlTEQT, LANDSCAPE ARCHITECT, OTHER Title President Name John Hardey P.E. Phone 541-772-6880 E-Mail info@hardeygroup.com Address PO Box 1625 TiVe -Principle —Name Robin Warren G.E./P.G Address 1314B Center Dr #452 city Medford Zip 97501 Phone 541-226-6658 E-Mail robin. warren@agegc. con city Medford Zip 97501 I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings cat fact, are in all respects, true and correct. I 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. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I 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. Failure in this 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 removed at my expense. If I have any doubts, I am advised to seek competent professional advice and assistance. 1114�9v_e� ca92�w� -W Applicant's Signature Date As owner of V property involved in this request, I have read and understood the complete application and its consequences to me as a property I - re (required) fro be comftted by City Staff] Date Received Zoning Permit Type Date Filing Fee G:koninii-dev%planfiingU,'oriiis&,Ilaiidouts2oiiingPerTiiitApplication doc ZONING PERMIT SUBMITTAL REQUIREMENTS to APPLICATION FORM must be completed and signed by both applicant and property owner. W1 FINDINGS OF FACT — Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre -Application Comment document. ❑--T��3F�Et�E3�L�rPdS-o-l�rer-tta�-"7--tteltfete�lanr #ir�g e{etior}s; partt-ate iarseape detail&-{41at�a�l-- - itioaai-loge-se �f�laras; � '; a -use -in-+ aeti� }------------------------------------ FEE (Check, Charge or Cash) ❑ LEED® CERTIFICATION (optional) —Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps: • Hiring and retaining a LEED® Accredited Professional as part of the project team throughout design and construction of the project; and • The LEED® checklist indicating the credits that will be pursued. NOTE: • Applications are accepted on a first come, first served basis. • Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. • All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227,178. • The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St). • A notice of the project request will be sent to neighboring properties for their comments or concerns. • If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. G:komm-de0p1anning\Forms & Handouts\Zoning Permit Application,doc Ivy -Morton Waterline City of Ashland Project No. 2014-04 Findings of Fact Compliance Criteria The MortonRvy Waterline project is an approved component of the current Ashland Comprehensive Water Master Plan. It is intended to provide a water loop between South Mountain Avenue, via West Ivy Lane and Morton Street to increase water pressures, eliminate an existing dead -ended water system and to enable the City to remove an existing outdated pump station. A 300-foot section of pipeline, located just west of the West Ivy Lane right-of-way, will be situated on private property on lands with some slopes of 36 percent. This application will demonstrate compliance with AMC Chapter 18.3.10, the `Physical and Environmental Constraints Overlay,' including sections 18.3.10.090 the `Development Standards for Hillside Lands' and section 18.3.10.110 the `Development Standards for Severe Constraint Lands.' While this waterline construction project involves the alteration of land at the threshold levels of 18.3.10.020 `Applicability' to require a Physical and Environment Constraints Review permit, it does not involve the construction of buildings, roads, driveways, parking or other structures and as such the application of the Development Standards is somewhat limited. This application will demonstrate that the project will occur in such a manner as to protect the natural and topographic character of the area, environmental resources, aesthetic qualities of the land, and the public health, safety and general welfare by insuring that the project does not create soil erosion, sedimentation of lower slopes, slide damage, flooding problems or severe cutting or scarring, and to allow for reasonable use that complements the natural and visual character of the City. AMC 19.3.10.090 Development Standards for Hillside Lands A. General Requirements. The following general requirements shall apply in Hillside Lands. Buildable Area. All development shall occur on lands defined as having buildable area. Slopes greater than 35 percent shall be considered unbuildable except as allowed below. Exceptions may be granted to this requirement only as provided in subsection 18.3.10.090.H. Existing parcels without adequate buildable area less than or equal to 35 percent shall be considered buildable for one unit. Existing parcels without adequate buildable area less than or equal to 35 percent cannot be subdivided or partitioned. Response: The development within this easement corridor (ExhibitE) is limited to an underground 12-inch ductile iron water pipeline. The pipeline will be constructed in a straight line down the slope and will require no permanent landings, staging areas or extensive clearings. The project is located upon an existing established lot (39 1E I6AC TL 300) containing 17.79 acres. Other than the completed 20-foot wide waterline easement, no further lot divisions will be required. Building Envelope. All newly created lots either by subdivision or partition shall contain a building envelope with a slope of 35 percent or less. Response: This standard does not apply as the proposal does not involve the creation of new lots through subdivision or partition. 3. New Streets and Driveways. New streets, flag drives, and driveways shall be constructed on lands of less than or equal to 35 percent slope with the following exceptions. The street is indicated on the Street Dedication map. The portion of the street, flag drive, or driveway on land greater than 35 percent slope does not exceed a length of 100 feet. Response: No new streets, flag drives, or driveways will be constructed under this project. All areas disturbed by construction access will be restored to their pre -construction condition with the exception of the placement of erosion control devices. No permanent accessways will be established over this section of the pipeline corridor. 4. Geotechnical Studies, For all applications on Hiliside Lands involving subdivisions or partitions, the following additional information is required: A geotechnical study prepared by a geotechnica/ expert indicating that the site is stable for the proposed use and development. The study shall include the following information. a. Index map. b. Project description to include location, topography, drainage, vegetation, discussion of previous work and discussion of field exploration methods. C. Site geology, based on a surficial survey, to include site geologic maps, description of bedrock and surficlal materials, including artificial fill, locations of any faults, folds, etc., and structural data including bedding, jointing and shear zones, soil depth, and soil structure. d. Discussion of any off -site geologic conditions that may pose a potential hazard to the site, or that may be affected by on -site development. e. Suitability of site for proposed development from a geologic standpoint. f. Specific recommendations for cut and fill slope stability, seepage and drainage control, or other design criteria to mitigate geologic hazards. g. If deemed necessary by the engineer or geologist to establish whether on area to be affected by the proposed development is stable, additional studies and supportive data shall include cross -sections showing subsurface structure, graphic logs with subsurface exploration, results of laboratory test and references. h. Signature and registration number of the engineer and/or geologist. i. Additional information or analyses as necessary to evaluate the site. J. Inspection schedule for the project as required in 18.3.10.090. B.9. k. Location of all irrigation canals and major irrigation pipelines. Response: The proposal does not involve subdivision or partition, but some work will be done on slopes in excess of 35% (36%) triggering a Geotechnical evaluation. The Public Works Department contracted with Applied Geotechnical Engineering and Geologic Consulting to complete this evaluation (attached as Exhibit Q. Finding of this evaluation include "construction of the waterline will not increase the risk of slope instability or substantially change surface water or groundwater conditions." Additionally, this report favors straw waddles vs. the rock check dams shown on the plans. The Public Works Dept. will implement the recommendations in the evaluation including the recommendations on straw waddles. B. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide plans conforming to the following items. 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. Response: This project does not incorporate any structural cuts or fills. A single two -foot wide by four -and -a - half -foot deep trench will be excavated with a tracked excavator. The 12-inch ductile iron pipe will be placed in six -inches of %-minus crushed rock in the trench bottom as pipe bedding. Additional '/,-minus crushed rock will be placed around the pipe zone to a depth of six -inches over the pipe top. The remainder of the trench will be back -filled with select native excavated material in an effort to establish a condition as close to the original site as possible. Backfill material will be compacted to 95 percent density to prevent settling of the trench proper. The trench area and all other disturbed areas will be re -seeded by hydro -seeding with a mixture of grass seed, fertilizer and a tackifier to hold the mixture in place on the steep grade. Straw wattles will also be placed at approximately 25-foot intervals across the excavated areas to prevent erosion resulting from surface run-off. Erosion control details are shown in greater detail on the plans included with the application. 2. Timing of Improvements. For development other than single family homes on individual lots, all grading, drainage improvements, or other land disturbances shall only occur from May 1 to October 31. Excavation shall not occur during the remaining wet months of the year. Erosion control measures shall be installed and functional by October 31. Up to 30 day modifications to the October 31 date, and 45 day modification to the May 1 date may be made by the Planning Director, based upon weather conditions and in consultation with the project geotechnical expert. The modification of dates shall be the minimum necessary, based upon evidence provided by the applicant to accomplish the necessary project goals. Response: The Ashland Public Works Department has indicated a start date for this project of January 2020, with an estimated completion date of April 2020. However, work will be paused if wet conditions are substantial enough to cause damage to the site. 3. Retention in natural state. On all projects on Hillside Lands involving partitions and subdivisions, and existing lots with on area greater than one-half acre, an area equal to 25 percent of the total project area, plus the percentage figure of the average slope of the total project area, shall be retained in a natural state. Lands to be retained in a natural state shall be protected from damage through the use of temporary construction fencing or the functional equivalent. For example, on a 25,000 square feet lot with on average slope of 29 percent, 25%+29%=54% of the total lot area shall be retained in a natural state. The retention in a natural state of areas greater than the minimum percentage required here is encouraged. Response: The subject parcel is 17.79 acres or 774,932 square feet in size. The construction area is approximately 6,000 square feet, or less than one percent of the total area. Most ofthe 17.79-acre parcel is undisturbed lower elevation woodlands with thepredominant tree species being oaks and madrones with a few scattered conifers. The tree canopy is open enough to allow a variety of grasses among the trees. This project will re-establish a similar growth of grass and will maintain an appearance similar to that prior to the construction, however no trees are proposed to be planted within ten feet of either side of the waterline to provide for future pipeline maintenance and access. 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. 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. See Figure 18.3.10.090.8.4.b. 'Cut and Fill Slopes.' 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. See Figure 18.3.10.090.B.c. Stepped Foundations.' 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. Response: The work proposed is limited to an underground pipeline. There are no cuts proposed for this project. 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. b. Fill slopes shall be protected with on erosion control netting, blanket or functional equivalent. Netting or blankets shall only be used in conjunction with on organic mulch such as straw or woad 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. 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. 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. Response: The work proposed is limited to an underground pipeline. There are no fill slopes proposed for this project. 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. Response: Since there are no cut or fill slopes associated with this project, these revegetation standards do not apply. Please see the following section for revegetation plans for other disturbed areas. 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. b. Security. Except for individual lots existing prior to January 1, 1998, after an Erosion Control Plan is approved by the hearing authority and prior to construction, the applicant shall provide a performance bond or other financial guarantees in the amount of 120 percent of the value of the erosion control measures necessary to stabilize the site. Any financial guarantee instrument proposed, other than a performance bond, shall be approved by the City Attorney. The financial guarantee instrument shall be in effect for a period of at least one year, and shall be released when the Community Development Director and Public Works Director determine, jointly, that the site has been stabilized. All or a portion of the security retained by the City may be withheld for a period up to five years beyond the one year maintenance period if it has been determined by the City that the site has not been sufficiently stabilized against erosion. Response: Erosion control measures for this project consist of straw waddles, silt fences, stormdrain inlet protection and hydro -seeding to re- establish a natural grass groundcover similar to what presently exists. Due to the rural and steep nature of the site, the grass cover will be left to naturally propagate without benefit of irrigation or other cultivation. Erosion control details are found in the attached Erosion Control plan as well as the Geotechnical evaluation labeled Exhibit C. The rock check dams shown on the construction drawings will be replaced with the straw waddles as recommended in the Geotechnical evaluation. On slopes exceeding 30%, straw waddles will be placed perpendicular to the disturbance and spaced at 30 foot intervals. These wattles will extend 2 feet beyond the disturbance areas and will alternate direction to evenly distribute any potential surface water present. Wattles will be securely staked in place and remain after construction. The wattles will eventually bio-degrade after the grass and ground cover have been established. Regardless of slope, all areas along the pipeline alignment will have silt fencing and/or straw waddles present on the downhill side of construction. This parcel was created prior to January 1, 1998, and as such is not subject to a financial guarantee requirement for the erosion control measures, however it will be subject to periodic inspection and maintenance by the City of Ashland's Public Works Department. 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. b. Avoid hazardous or unstable portions of the site. C. Avoid hazardous or unstable portions of the site. 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. Response: As this project is not a residential development, no terraces, building pads, level areas or vehicular accesses will be constructed. There are no hazardous or unstable areas within the pipeline construction area. 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 geotechnica/ 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 geotechnica) expert periodically throughout the project. Response: Although this project is not a residential development or subject to a certificate of occupancy, it will be subject to submittal of As -Built Drawings by the project engineer and acceptance by the City Engineer. These As -Built Drawings and associated documentation will indicate that the project was built according to the approved engineered plans, or detail any changes that might have been necessary during the course of construction. C. Surface and Groundwater Drainage. All development on Hillside Lands shall conform to the following standards. 1. All facilities for the collection of stormwater runoff shall be constructed on the site and according to the following requirements: a. Storm water facilities shall include storm drain systems associated with street construction, facilities for accommodating drainage from driveways, parking areas and other impervious surfaces, and roof drainage systems. b. Stormwater facilities, when part of the overall site improvements, shall be, to the greatest extent feasible, the first improvements constructed on the development site. C. Storm waterfacilities shall be designed to divert surface water away from cut faces or sloping surfaces of a fill. d. Existing natural drainage systems shall be utilized, as much as possible, in their natural state, recognizing the erosion potential from increased storm drainage. e. Flow -retarding devices, such as detention ponds and recharge berms, shall be used where practical to minimize increases in runoff volume and peak flow rate due to development. Each facility shall consider the needs for an emergency overflow system to safely carry any overflow water to an acceptable disposal point. f. Storm water facilities shall be designed, constructed and maintained in a manner that will avoid erosion on -site and to adjacent and downstream properties. g. Alternate stormwater systems, such as dry well systems, detention ponds, and leach fields, shall be designed by a registered engineer or geotechnica) expert and approved by the Public Works Department or Building Official. Response: This project will create no new impervious surfaces or areas that will require constructed drainage facilities to move stormwater run-off from the site. By using check dams, wattles and hydro -seeding of all disturbed areas, permeable conditions will be maintained to minimize any possible run-off. D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall conform to the following requirements: 1. Inventory of Existing Trees. A tree survey at the some scale as the project site plan shall be prepared, which locates all trees greater than six inches diameter at breast height (DBH) identified by DBH, species, approximate extent of tree canopy. In addition, for areas proposed to be disturbed, existing tree base elevations shall be provided. Dead or diseased trees shall be identified. Groups of trees in close proximity (i.e., those within five feet of each other) may be designated as a clump of trees, with the predominant species, estimated number and average diameter indicated. All tree surveys shall have an accuracy of plus orminus two feet. The name, signature, and address of the site surveyor responsible for the accuracy of the survey shall be provided on the tree survey. Portions of the lot or project area not to be disturbed by development need not be included in the inventory. Response: There are 13 trees to be removed within the construction area, ranging in size from six -inches to 21- inches. A tree removal survey is attached which more clearly shows the location, size and type of each tree scheduled for removal, this schedule is labeled Exhibit B. The largest tree proposed for removal is a dead 21 inch Douglas fir that has a broken top and is leaning substantially. All trees will be removed in entirety to allow for the sub -surface pipeline. 2. Evaluation of Suitability for Conservation. All trees indicated on the inventory of existing trees shall also be identified as to their suitability for conservation. When required by the hearing authority, the evaluation shall be conducted by a landscape professional. The following factors shall be included in this determination. a. Tree Health. Healthy trees can better withstand the rigors of development than non -vigorous trees. b. Tree Structure. Trees with severe decay or substantial defects are more likely to result in damage to people and property. C. Species. Species vary in their ability to tolerate impacts and damage to their environment. d. Longevity. Potential longevity. e. Variety. A variety of native tree species and ages. f Size. Large trees provide a greater protection for erosion and shade than smaller trees. Response: The parent property upon which the pipeline will be constructed is 17.79 acres with a fairly uniform cover of mostly Oak and Madrone trees and a scattering of Fir trees. The property is uniformly steep with a south -sloping grade of 15to 36 percent. The 13 trees to be removed represent approximately %-percent of the existing tree canopy and the proposal will not result in a significant reduction in the tree population. There may, in fact, be a slight benefit in wildfire fuels reduction resulting from the tree removals especially in that the tree removals are all located along the easterly boundary of the property, providing a minor wildfire buffer area. Additionally, 3 of the trees proposed for removal are dead and pose a current hazard. Due to the need for possible future waterline maintenance and access, it is not practical to replant trees where the 13 trees are to be removed. The remaining property has a dense enough tree population that additional tree planting would not be warranted. 3. Tree Conservation in Project Design. Significant conifer trees having a trunk 18 caliper inches or larger in diameter at breast height (DBH), and broadleaf trees having a trunk 12 caliper inches or larger in diameter at breast height (DBH), shall be protected and incorporated into the project design whenever possible. a. Streets, driveways, buildings, utilities, parking areas, and othersite disturbances shall be located such that the maximum number of existing trees on the site are preserved, while recognizing and following the standards forfuel reduction if the development is located in Wildfire Lands. (See Figure 18.3.10.090.D.3.a. Site Planning for Tree Preservation.) b. Building envelopes shall be located and sized to preserve the maximum number of trees on site while recognizing and following the general fuel modification standards if the development is located in Wildfire Lands. C. Layout of the project site utility and grading plan shall avoid disturbance of tree protection areas. Response: Other than the 13 trees listed for removal there are no significant trees within the construction area. The construction corridor is proposed in a 20-foot wide easement adjacent to the easterly boundary of the D & S Ventures LLC property. This also is the most practical location for the pipeline placement and resulting tree removals for the following reasons: a. The straight alignment limits the number of trees encountered. b. The area is void of any significant trees. C. The tree removals provide a wildfire buffer zone between residential properties to the east. d. There are no cuts or fills to create and maintain since the excavation will follow the existing slope perpendicular to the contour. 4. Tree Protection. On all properties where trees are required to be preserved during the course of development, the developer shall follow the following tree protection standards. a. All trees designated for conservation shall be clearly marked on the project site. Prior to the start of any clearing, stripping, stockpiling, trenching, grading, compaction, paving or change in ground elevation, the applicant shall install tree protection fencing in accordance with 18.4.5.030. C Prior to any construction activity, the shall be inspected pursuant to section b. Construction site activities, including but not limited to parking, material storage, soil compaction, and concrete washout, shall be arranged so as to prevent disturbances within tree protection areas. C. No grading, stripping, compaction, or significant change in ground elevation shall be permitted within the drip line of trees designated for conservation unless indicated on the grading plans, as approved by the City, and landscape professional. If grading or construction is approved within the drip -line, a landscape professional may be required to be present during grading operations, and shall have authority to require protective measures to protect the roots. d. Changes in soil hydrology and site drainage within tree protection areas shall be minimized. Excessive site run-off shall be directed to appropriate storm drain facilities and away from trees designated for conservation. e. Should encroachment into a tree protection area occur which causes irreparable damage, as determined by a landscape professional, to trees, the project plan shall be revised to compensate for the loss. Under no circumstances shall the developerbe relieved of responsibilityfor compliance with the provisions of this chapter. Response: The proposed construction will be very limited in its width due primarily to the steep grade of the property. The site does not provide any convenient locations to stockpile imported materials, crushed rock or pipe materials. The grade of the property dictates that all necessary material be stockpiled to the east of the project site in the Ivy Lane right-of-way or to the northwest of the site on the existing Waterline Road accessway. The slope of the property is a self-limiting factor in the construction of the waterline and ensures that the disturbed area will be as narrow as possible. In ordinary residential construction it would be necessary to more closely follow the land's contours to reduce the grade of driveways, accessways and building sites. By choosing to construct the pipeline in a straight line in the shortest route possible the impact to existing adjacent trees is negated and the need to protect significant adjacent trees is greatly reduced. 5. 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: a. The tree is located within the building envelope. b. The tree is located within a proposed street, driveway, or parking area. C. The tree is located within a water, sewer, or other public utility easement. d. The tree is determined by a landscape professional to be dead or diseased, or it constitutes an unacceptable hazard to life or property when evaluated by the standards in subsection 18.3.10.090.D.2. e. The tree is located within or adjacent to areas of cuts orfills that are deemed threatening to the life of the tree, as determined by a landscape professional. f. The tree is identified for removal as part of an approved Fire Prevention and Control Plan per subsection 18.3.10.100.A, or with the exception of significant trees the tree removal is recommended by the Fire Code Official, and approved by the Staff Advisor, as part of a comprehensive fuels reduction strategy to implement a General Fuel Modification Area consistent with subsection 18.3.10.100.8. Response: The tree removals are limited strictly to those within the 20-foot wide waterline easement as identified in the attached Exhibit B. 6. Tree Replacement. Trees approved for removal, with the exception of trees removed because they were determined to be diseased, dead, a hazard, or to comply with General Fuel Modification Area requirements, shall be replaced in compliance with the following standards: a. Replacement trees shall be indicated on a tree replanting plan. The replanting plan shall include all locations for replacement trees, and shall also indicate tree planting details. b. Replacement trees shall be planted such that the trees will in time result in canopy equal to or greater than the tree canopy present prior to development of the property. (See Figure 18.3.10.090.D.6.b. Tree Planting Guideline). The conopyshall be designed to mitigate of the impact of paved and developed areas, reduce surface erosion, and increase slope stability. Replacement tree locations shall consider impact on the Wildfire Prevention and Control Plan. The hearing authority shall have the discretion to adjust the proposed replacement tree canopy based upon site -specific evidence and testimony. C. Maintenance of replacement trees shall be the responsibility of the property owner. Required replacement trees shall be continuously maintained in a healthy manner. Trees that die within the first five years after initial planting must be replaced in kind, after which a new five-year replacement period shall begin. Replanting must occur within 30 days of notification unless otherwise noted. Response: The applicant requests that an Exception to the Development Standards for Hillside Lands (AMC 18.3.10.090.H) be granted to the requirement to replace trees removed during construction for the following reasons: a. The parent property is already densely forested with trees similar to those to be removed. b. To plant trees within the construction corridor would inhibit the City's ability to access and maintain the waterline in future years. C. The tree removal constitutes only a '/-percent reduction in the total number of trees on the property. d. The removal of the trees in the construction area will create a wildfire buffer zone between the property and the adjacent residential properties. e. Three of the trees proposed for removal are currently dead and pose a hazard. Enforcement. a. All tree removal shall be done in accord with the approved tree removal and replacement plan. No trees designated for conservation shall be removed without prior approval of the City. b. Should the developer or developer's agent remove or destroy any tree that has been designated for conservation, the developermay be fined up to three times the current appraised value of the replacement trees and cost of replacement or up to three times the current market value, as established by a professional arborist, whichever is greater. Should the developer or developer's agent damage any tree that has been designated for protection and conservation, the developer shall be penalized $50.00 per scar. If necessary, a professional arborist's report, prepared at the developer's expense, may be required to determine the extent of the damage. Should the damage result in loss of appraised value greater than determined above, the higher of the two values shall be used. Response: The City of Ashland Public Works Department acknowledge this section. 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. Building Envelopes. All newly created lots, either by subdivision or partition, shall contain building envelopes conforming to the following standards. a. The building envelope shall contain a buildable area with a slope of 35 percent or less. See Figure 18.3.10.090.E.1.a. Buildable Area b. Building envelopes and lot design shall address the retention cf a percentage of the lot in a natural state as required in 18.3.10.090.B.3. C. Building envelopes shall be designed and located to maximize tree conservation as required in 18.3.10.090.D.3 while recognizing and following the standards for fuel reduction if the development is located in Wildfire Lands. - d. It is recommended that building envelope locations should be located to avoid ridgeline exposures, and designed such that the roofline of a building within the envelope does not project above the ridgeline as illustrated in Figure 18.3.10.090.E.I.d. 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. a. The height of all structures shall be measured vertically from the natural grade to the uppermost point of the roof edge or peak, wall, parapet, mansard, or other feature perpendicular to that grade. Maximum hillside building height shall be 35feet. See Figure 18.3.10.090. E.2. a.i. 'Hillside Building Height/Permitted' and Figure 18.3.10.090.E.2.a.ii. 'Hillside Building Height/Not Permitted.' b. Cut buildings into hillsides to reduce effective visual bulk. i. Split pad or stepped footings shall be incorporated into building design to allow the structure to more closely foilow the slope. Y. Reduce building mass by utilizing below grade rooms cut into the natural slope. C. A building step back shall be required on all downhill building walls greater than 20 feet in height, as measured above natural grade. Step -backs shall be a minimum of six feet. Decks projecting out from the building wall and hillside shall not be considered a building step -back. No vertical walls on the downhill elevations of new buildings shall exceed a maximum height of 20 feet above natural grade. See Figure 18.3.10.090.E.2.c. 'Downhill Building Step Back.' d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer than 36 feet shall include a minimum offset of six feet. See Figure 18.3.10.090.E.2.d. 'Horizontal Offsets.' e. It is recommended that roof forms and roof lines for new structures be broken into a series of smaller building components to reflect the irregular forms of the surrounding hillside. Long, linear unbroken roof lines are discouraged. Large gable ends on downhill elevations should be avoided, however smaller gables maybe permitted. See Figure 18.3.10.090.E.2.c. f. It is recommended that roofs of lower floor levels be used to provide deck or outdoor space for upper floor levels. The use of overhanging decks with vertical supports in excess of 12 feet on downhill elevations should be avoided. g. It is recommended that color selection for new structures be coordinated with the predominant colors of the surrounding landscape to minimize contrast between the structure and the natural environment. 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 on engineer. 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. Response: Since this project does not involve the construction of a building, the construction of a foundation, or the creation of a new lot or the modification of an existing lot line, the previous few sections (E, F & G) do not apply. H. Exception to the Development Standards for Hillside Lands. 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 AMC 18.5.1.050 and maybe 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' and section 18.3.10.090 'Development Standards for Hillside Lands.' Response: The applicant requests that an Exception to the Development Standards for Hillside Lands (AMC 18.3.10.090.H) be granted to the requirement to replace trees removed during construction for the following reasons: a. The parent property is already densely forested with trees similar to those to be removed. b. To plant trees within the construction corridor would inhibit the City's ability to access and maintain the waterline in future years. C. The tree removal constitutes only a %-percent reduction in the total number oftrees on the property. d. The removal ofthe trees in the construction area willcreate a wildfire buffer zone between the property and the adjacent residential properties. e. Three of the trees proposed for removal are currently dead and pose a hazard. In closing, the applicant, City of Ashland Public Works Department respectfully submit these findings in the hope that this project might be approved as shown on the various plans and exhibits, and that the requested valiance to plant additional trees may be granted. Attachments Exhibit A: Site Photos Exhibit B: Tree Survey Exhibit C: Geotechnical Evaluation Exhibit D: Construction Plans Exhibit E: Easement with D&S Ventures LLC END OF FINDINGS OF FACT Exhibit A-. Site Photos AB,, J r IVY-MOi, `ON WATERLJAL TLE INE TREE REIV, TY OF ASHLAND PROJECT #2014-04'�, i cal I NO E X� h i lo i t13 I reol,;p 7, ....... ...... 4, nnof 0 ly 7,111 e g Ty"i" 4, 'l f ....... ... . "60 F 4, 22" 'P 7 wg/ Xf, lqi� A z" R 1 2 R M ZIN s; "TE g", ya CIA, p, A '04 A flo, 2, , fU, 'Of '!/�,41/11" 1 1, , , " 0 Q X, 1, j, 4,,A` ij x '64 "y' a //V I T t 4 )A A 4 at� I V', _10wn T11 I K ff iI VIV 'u, Legend N VilaTree Taxiot Easement Proposed new waterline Tree #1 species IDiameter(in) ;iElevation(ft) !Canopy Dia. (ft) Notes I Madrone 13 2471,415 20 City property 2 DF (dead) 11 2474.25 0 City property 3 Dr 7 247U87 is City property 4 Madrone clump 4stems @ 8 2475,007 10 City property 5 DF (dead) 10 2481.415 0 Easement bl Oak 11 4190.9/7 /u Easement Easement; broke 7� DF (dead) 21 2451.395 0 & leaning 8 Oak 7 2441,228 10 Easement 9 Madrone is 2429.768 35 Easement 10 Oak clump 2 stems@ 6 1 2419.126 25 Easement 11 Madrone 7 2413,209 15 Easement 12 Mt. Mahogany 8 2395.814 30 Easement 11 131 Oak 7 2390.959 15 Easement 141Mt.Mahoganyclump 2stems@5 2381.797 25 Easement **.This tree survey and table replaces the ordginal found on street W4 ofthe construction plans.*** Survey completed on 10/8/2020 by the City ofAshl and' Engineering Dept. Accuracy oflocationsielevation is +/- 2 feet. There is approximately 6 additional trees that need to removed that fall below the 6 inch minimum. 77717777771, A E �"r >f AsI and' 0 25 50 100 Feet I I -.-.I I I I 1 11 1 W As 01-or ==5Mr1r1PMhZ)(7/7 Exhibit C-1 Geotechnical Evaluz i F 0 p p I i e d W, - eotechnical -E ngineeriong & 63cologic C0118111tilig City of Ashimid Atteiifion: Keviti Caldwell PPP 20 N Main Street Ashland, OR 97520 September 1, 2020 SUBJECT.- GEOTECHNICAL AND GEOLOGIC EVALUATION, MORTON STREET TO IVY LANE WATE R LINE, ASHLAN% OREGON At your request, Applied Geotechnical Engineering and Geologic Consulting LLC (AGEGC) has provided gootechnical and geologic, evaluations of the proposed new waterline alignment for the City of Ashland. The approximate location of the waterline is shown on the Vicinity Map, Figure 1. Our work included a review of geologic and geotechnical information for the project area, a ground level reconnaissance by a licensed geotechnical engineer/geologist, a review of the existing project plans and specifications, and engineering analyses, This report summarizes our work and provides our conclusions and recommendations for the design and construction of the new water line. Project Description The new waterline will extend between Morton Street and Ivy Lane on the southwestern side of Ashland. The civil engineering plans for the project were completed by the Hardy Group, Inc. and are dated June 2015, Based on our review of the project plans, we understand the new waterline will be 12 in, Class 52 ductile iron with restrained joints, Based on the topographic information provided in the project plans, the majority of the alignment has relatively gentle slopes; however, between STA 25+17 and STA 27+96, the water line has a change in elevation of about I 10 ft (a grade of about 40%), In this section, the waterline runs perpendicular to the steep slope, Between STA 27+96 and STA 28+85, the aligrunent crosses the steep slope, roughly following the contour line of elevation, Along these sections of the alignment, the plans require the pipe to have a mii-drnuin cover of 3 It. The bedding and pipe zone back -fill will consist of 3/4-hi.-minus aggregate base rock. The remainder of the trench will be backfilled with excavation spoils compacted to at least 95% of the maximum dry density as determined by ASTM 1) 5W Alignment Conditions A licensed geoteclrnical engineer/geologist from AC EGC completed several site visits to the project area in August 2020, Based on our observations at the site and our review of geologic information for this area, the aligiunent is underlain by granite. The granite is mantled with a variable thickness layer of silt '1"3 !)/501 - Phone: ('.5,11) 21'!0-0658 Morton to Ivy Waterfine soil. Along the steep section of the alignment, the area is vegetated with grasses and scattered second growth trees. The ground surface is also covered with forest duff and wood debris including logs. Granite is exposed in the roadcuts for Ivy Lane at the southeastern terminus of the new waterline. The surficial granite is severely weathered to a silt soil and relatively soft. The silt is typically less than 2 ft thick in the cut. The granite becomes less weathered and harder with depth. In general, unweathered (hard) granite is not typically encountered in this area; however, remnants boulders of fresh granite may be locally present. The decomposed granite is easily eroded when disturbed by construction activities. In general, the steeper the slope, the shallower the depth to competent (hard) granite. On steeper slopes, the silt is thin or absent. Indications of shallow groundwater or seeps were not observed along this section of the alignment. In general, we anticipate that groundwater occurs at a depth of greater than 50 ft; however, perched groundwater will occur on top of the weathered granite during periods of heavy and/or continuous raaafall. Indications of deep-seated slope instability were not observed on the steeper slopes. The ground surface along this section of the alignment slopes uniformly down to the north. Typically, areas of slope instability have hummocky, irregular sloped ground surface. There is a slight risk of soil creep on the relatively steep slope. Soil creep is the gradual downslope movement of surface soils due to gravity. In general, soil creep is Ifinited to the surficial soils and does not extend into the weathered granite. Erosion features were not observed on the steep slope. The granitic soils are easily eroded when disturbed. CONCLUSIONS AND RE,COMMENDATI<ONS The waterline alignment is underlain by silt soils (altered granite) over weathered (decomposed) granite. The slopes along the alignment are stable and have almost no risk of deep-seated slope instability. In our opinion, the most important geotechnical/geologic risk associated with this project is erosion of the disturbed soils along the alignment. The highest risk of post -construction erosion along the alignment is along the steep section between STA 25+17 and STA 28+85. In our opinion, construction of the waterline will not increase the risk of slope instability or substantially change surface water or groundwater conditions. To reduce the risk of erosion along the alignment, we recommend that the surficial duff and organics fiom areas along the alignment that will be disturbed (primarily the trench and trench spoil stockpile areas) be stripped and pushed to one side of the aligrunent. The organics should not be significantly contaminated with surficial silt soils. The intent is to save the surficial organics to be spread over the disturbed area after the waterline is installed and backfilled. To reduce the concentration of surface water flows along the pipeline, we recommend straw wattles intended for erosion control be installed along sections of the alignment where grades are steeper than 30%. The wattles should be installed in conformance with the manufavturcr's rccomrnendations. The wattles should be spaccd evcly 30 It. The wattics Should be slightly sloped to direct surface water away fi-om the trench. The direction of the wattle slope should -2- Morton to Ivy Waterline alternate between adjacent wattles. The wattles should extend at least 2 ft past the area of surficial disturbance along the alignment. The main benefit of using wattles for erosion control is the ability to replace them if needed during wet winter and spring weather using hand labor (without equipment). After installation of the wattles, the native organic strippings should be uniformly spread over the exposed silt soil. Larger wood debris (such as logs larger than about 6 in. in diameter and stumps) may be used for the ground cover only where approved by the city. We anticipate that the southeastern end of the waterline that extends from the western end of Ivy Lane (STA 27+96 and STA 28+85) will need a cut to provide a level bench to allow access of the construction equipment. Final cut slopes should be no steeper than 1 H; IV and excess excavation spoils should be removed from the site. Fill soils should not be placed on slopes steeper than 4H:1 V. If the city requires it, compacted fill soils made be placed in the cut for the access road to grade the cut area to about original grades. The native organics should be placed on the fill slope as discussed above for the waterline in steep slope section. LIMITATIONS This report has been prepared to aid in the evaluation of the waterline and to assist the city in the design of this project. 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 Morton -Ivy waterline in southwestern Ashland, Oregon. In the event that any changes in the design and location of the project, as outlined in this report, are planned, we should be given the opportunity to review the changes and to modify or reaffirm the conclusions and recommendations of this report in writing, The conclusions and recommendations submitted in this report are based on sources of information discussed in this report. If, during construction, subsurface conditions different from those described in this report are observed or encountered, we should be advised at once so that we can observe and review these conditions and reconsider our recommendations where necessary. Please contact AGEGC if you have any questions or require additional information. Applied Geotechnical Engineering and Geologic Consulting LLC D �xFs �✓ `„_ 1 45PE Robin Warren, G.E., P.G. I /, Principal �� i` 2 5.1g�v CG;� /Nt..W�'; tewal: June 2022 1101 Cities Park pplied eotechnical ngineering GcMogic. Consuking Shern ouV 4� Q, Oregon UnNersity 61. Upper Aligm-nent c�) S�skiyou Mountan Park Project No, 5192-20 Vicinity Map Morton to Ivy Water Line Figure I Ashland, Oregon September 2020 I Exhibit D: Construction Plans GENERAL NOTES GENERAL NOTES SHEETINDEX ...... =`Tl-f1- OWNER t TZ L Z., BENCHMARKIDATA UTILITY INFORMATION �-TIIT.11.1%11=11% Vll,�Vlul W=1111111"11-1111wlz 11`16T 1-- 1 VICINITY MAP NOTE TO CONTRACTOR 1-9 -11111-1-1 6y \ sS� a(u7 0 �9g nur " F ;, a n pan..xmp,xp b E� o 4 t ) x l ooaa �t P ,rxM y � oNn ITT ervxrmppeNooix \x\�xM � WATERLINE ROAD -WATER PLAN ixsrur z'>.s (uij eeio m N CONSTRUCTION tNOI US imxsn O O ,c• m �c �` `i, orec (+w) vsp �ramE cnunox uaxano Q' 0 �" u , TME .�E, oaE ro ,xE aosr rx axp orxa�o © - sap O ---- w�°"��x :or x s r. aoxo ,o• x a�,x,o, , ( >0 d � �, a- wxreax E oz a,% •�i i� , u x:,w. xxb o.,n or ID . . �t \ �xM Ga „�Na � Imj ( apa raE EaxExo,�roo 8 K. wsrnu (en'e�ro Lll lT IM ,ro ~�� cn. mrs sni xr nr zs°°in ( u smu , xs (u� oE„oSTA i as a x cnx WATERLINE flOAD-WAfL.R PLAN ( ) O 1. 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CONSTRICTION NOTES ID s «,s xzx wn• pP , unx.-W,-xWov:xnro ox n a x arsxl n. nxw� xw, f Px�xxw xxE (ro. r x >7 max, Lo� anS ��rrE� �� I IVY LANE II /1 �, znir / �I GRMH[C cAL6 V + g o.us ;L8 5°�,�wx�n�xxm g ,x w,„wl mc[nnrnovaL'raoLE i W n Z I c n ass J � me O W V zs x u v O Z Z 1 2S ) os r uue., — — — — — ss — sz; (ui) I I —AL onro ..LU n�v+,vxis u°c° WATERLINEROAO TO IVY LANE CONNECTIUN-WATER PLAN �'w "+'u'0E'f1O o.z) '10B 0 g O w F CL. aw'w ,ten �orosa' a � °"•a'" awes (im) WATERLINE ROAD TO IVY LANE CONNEOLION - WATER PROFILE u z a .1 ,�,� `" M "• �� "'-�,� ' ��t ,..�.... me,��,. EAR r. m e y A r � uj Z b p Z U SEDIMENT FENCE O Lu m 0 w cc I— Offif , e .da. as at�€ o Call veso�wum�. � � a u z n 0 rc rai 0 Z J t � O W d F- Q O N m i 0 cc IT call kf..Y."Olu• ,mnw. wsrew u,uno wni ou�unwmumm,u smnu u. uni.a ��Vw�^��X �.A r� � �. "� ssc umsia! um s11 e . rssule lDnr ry 1rvn l• o smuc v. n . !P U[D C 16 A4D.DF GILLO,'LtlPlf9: E�4ramwipµw�im�xrvvrzumniryw'iviav:�w.s�ro! mwu ems. �+a � DUX � and smu�wt'�uu�War any. uA��'ry nrt Aca�iw mmrce� arewnwrv�� n / �e M'-+-+mow r rt�0 uiru'w�'v,..s�ixiii ro�iaraa, nw�s ww.�asvr � lNIE, wx-anwrto Ruv.as zw lwnm�wx xm qr-vrt mixer. CflO5,k1.-�� [� e[wurorma�w wassxe(�mv�lnl vzsq. xi w.0 yawns vw..s tix n': t�wsvua, 4mw-w SE—NTFENGE 1 k �, M. r,.N�P p 1. nrrun �."..... I'll,'�`v`i�s xclx �r, rwlll� ,v,. a � O .,owxM— J O w Z Z J 0 � O w ZQo w � N Z O Z ¢ U z O w li g � 0.. C O — Cc w __- ATIENTI---AVAT02 w rE. Exhibit E: Easen. it Grantor: D & S Ventures, LLC 1000 N. North)ake Way 133 Seattle, WA 98103 Grantee; City of Ashland, Oregon Document to be Returned to: Barbara Christensen, City Recorder 20 East Main Street, Ashland, OR 97520 True and Actual Consideration: $5,000.00 Send Tax Statements to- Not Applicable on County Official Records 2015-006568 Cnl=1 SHiIVGLJS 031091201501 *01'19 PM Cnt $20.00 $10.00 $5.00 $8.00 $11 .00 Total:$77.00 $20.00 $3.00 0 16591902015 00065680040048 i, Christine Walker, County Clerk for Jackson County, Oregon, certiry that the instrument Identified herein was recorded In the Clerk records. Christine Walker - County Clerk WATER LINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT 1. Grant, Subject to prior easements orencumbrances of record, D & S Ventures, LLC, (the 'Grantor'), owner of property legally described in Assessor's Map No. 391E 16AC, Tax Lot 300, (the "Property') hereby grants to City of Ashland, a municipal corporation of the State of Oregon, its successors and assigns and invitcos (the "Grantee"): A) a temporary, nontransferable, and nonexciusive easement in gross for a right to occupy an area on the Property with the right of ingress and egress to the easement area from adjacent land of Grantor for all activities in connection and consistent with constructing a public utility; and B) a permanent, appurtenant and nonexclusive easement for placement and operation of a public utility together with the right of access to the right of way from adjacent land of Grantor for all activities in connection with the purposes described below for which this easement has been granted. 2. Description. The location of the easement is along the general course(s) now located by Grantee on, over or under the surface of the Property, this easement more particularly described legally as folfows: Exhibit A and B, attached and incorporated, (the "Easement Area"). 3. Purpose, These easements have all purposes for. A) Temporarily mobilizing, fabricating and assembling equipment and material on the Property in preparation to constructing a public improvement, a water line with accessories and appurtenances within the Easement Area; and to store equipment, materials, and construction waste on the Property; and to have access to adjacent City -owned property as necessary for constriction purposes reasonably related to the construction of said public improvement; and 1. This temporary easement shall terminate upon completion of construction of the public improvement. B) Perpetual operation, maintenance, repair, replacement, enlargement and removal of a water line, and whether they are above or underground, all necessary or desirable accessories and appurtenances to the water line (hereafter referred to altogether as "facilities") within the Easement Area. Further purposes of this easement is the present and (without payment therefore) the future right to keep the right of way and said adjacent lands clear of all brush, trees, timber, structures and other hazards which might endanger Grantee's fac;lities or impede Grantee's acWties to operate and maintain its facilities within the Easement Area, and includes the following: 4. Terms and Conditions. 4A Grantor shall have the right to use the area within the easement in any manner that does not reasonably interfere with facilities within the easement area, 4.2 Other than standard operation and maintenance, Grantee shall provide Grantor reasonable notice prior to performing work in the Easement Area. Pursuant to such work, Grantee shall: A. Fill any and all excavations as soon as practicable after opening; B. Dispose of all brush and debris; G:lpub wrkskngtdept•sdmin5E1�GIM1EEtr1EASEMFI 1T134 iF 16AC 30D PUE Temporary COn)r ctien Easement Pagel of2 C. Replace in their former condition all improvements, trees, ornamental shrubs and crops, if practicable, as soon as possible after damage or destruction, but if not practicable then pay to Grantor the reasonable value thereof. D. Accepts all responsibility for maintenance of any facilities placed on the easement. E. To pay Grantor for any and all damage that may arise from construction, reconstruction, operation, maintenance, repair, replacement, enlargement or removal of the facilities; F. Within the limits of the Oregon Tort Claims Act, accept liability for all injuries to persons or property resulting from Grantee's or its duly appointed agents' performance of the stated purposes of this easement. Grantee agrees to indemnify Grantor and hold Grantor harmless against all claims, suits, costs, lasses and expenses that may in any manner result from or arise out of the purpose and activities permitted under this easement. Termination. This easement shall terminate if and when Grantee shall have abandoned all use of the right of way and no longer has any future need therefore. 6. Litigation Posts. In case of suit, action or proceeding to enforce any rights or conditions of this easement or appeal from said suit, action or proceedings, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party therein a reasonable attomey's fee In such amount as set by the court hearing such suit, action, proceeding or appeal. IN WI NESS WHEREOF, the parties hereto have subscribed this instrument this W day of GRANTOR: D & S Ventures, LLC wss it,ftlTaw STATEOF$t ) W W(j)ss. County of dr3aoa ) GRANTEE: CITY ACCEPTANCE (ORS CITY OF ASH LAND. GRAN Admi State of Washington JAIMEE 0 RANOLA My Appointment Expires Jun 13, 2015 Personally appeared before me this iitay of 1 ti� 2014�; . Daniel Kranzler, Managing Member and acknowledged the foregoing inslrume to be his voluntary act and deed. Notary licfor lie My Commission Expires: , to [ t311 s STATE OF OREGON ) ss. County of Jackson ) /1-LyL4k Personally appeared before me this rA'T day of O vr✓ , Dave Kanner, City Administrator for the City of Ashland, Orergon, and acknowledggdthe foregoing instrument to be his voluntary act and deed. OFFICIAL STAMP DI,ANA RENEE SHIPLET NOTARY PUBLIC-OREGON COMMISSION NO. 932046 Notary Public for Oregon MY COMMISSION EXPIRES OCTOBER 02, 2018 My Commission Expires: t;16AC300 PUE TempomryConstruction OAS TO FORM Page 2 of 2 15, !2- 9 / if MIBIT A A water line easement, variable in width, over the eastern portion of the property deeded to D & S Ventures, L.L.C., a Washington limited liability company, as described in deed recorded as No. 99-23903 of the Official Records of Jackson County, Oregon. Said water . line easement is described as follows: Beginning at the northwest corner of Lot 2 of PINEVIEW ESTATES SUBDIVISION in the City of Ashland, according to the official plat thereof, now of record in Jackson County, Oregon; thenceNotth 89°57'09" West 20.00 feet; thence North 01*1T34" West 315,00 feet; thence East 20.00 feet to a boundary line as described in agreement recorded as No. 70-08088 of said Official Records; thence South 02' 19'58" East (deed record South 02120' 1(Y" East), along said agreement boundary, 109.06 feet to a found 5)8 inch iron pin per deed reference, said monument being also the point of beginning of a boundary line as described in agreement recorded as No. 70-08062 of said Official Records; thence North 89°50' 12" East (deed record North 89°50'00" East), along said agreement boundary, 2.63 feet to a found 518 inch rebar with plastic cap marking the northwest corner of Lot.3 of said PINEVIEW ESTATES SUBDIVISION; thence South 00100139" East, along the west boundary of said subdivision; 205.97 feet to the true point of beginning. Basis of Bearing: PINEVIEW ESTATES SUBDIVISION TOGETHER WITH a construction easement 50 feet in width and 315.00 feet in length, the east line of which is coincident with the west line of the above described permanent water line.easernent. 39-1E-16AC, Tax Lot 300 October 07, 2014 IEGISTERED PROFRSSIONAL R LAND SURVEYOR Richard L. Bath, PLS 2069 AwoP. 65�ku Director of Surveying oREGOLI JULY 30,1978 R[CHARD 1. BATH KA Hardey Engineering & Assoc. ' f�a lass RENEWS 12I31/ t5 PO Box 1625; 2870 Nansen drive Medford, Oregon 97501 Ph. (541)772-588G; Cell (541)944-4936. Email: dbath0hea-Inc.com Website: wvnv.h ga-in4 oflm C1Ty O� J_ NAA-�&v Llne_ n ASr 15L A 70-AF3O8$ �. ko I1� � oyb�y sow wWv Liao bw agnm st Xa to -own Axi-co Oa Y ul ; kd9'8G`42'E 20D 35' R�Gl$TEli�n pg,OPESSIOt�AL LAND SURE OR 975 dULY 30, RIOHAFiP 1_ BATH Ufa i064 nENEWS 12ray1 ri 81M LEA IF W.. • 47�32' � w ..� -Ad �a U 0%so` r r � gV: � � L. -V,, PLS L- T 1,11ed�rorc� a��SDi Piu�U 11�V�1 �Sj"�T�S City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Type I Planning Action Work Class: Type I Planning Action PERMIT NUMBER'' PA-T1-2020-00133 Apply Date: 11/25/2020 Ma` &.Tax Lot .`' Pry ert Aitdress 391E16AC300 Owner: Owner Address: Phone: rton Waterline Construction Applicant: City of Ashland Applicant Address: Phone: (541) 488-5587 Fee Description: Amount: Physical Constraints Permit (Type 1) $1,092.00 Applicant: Date: Total. 14'.e6' $1, 092.00