HomeMy WebLinkAboutHolly_545_PA-T1-2021-00148i
CITY OF
-ASHLAND
August 10, 2021
Notice of Final Decision
On August 10, 2021, the Community Development Director approved the request for the
following:
Planning Action: PA -TI -2021-00148
Subject Property: 545 Holly St.
Applicant: Eric Recors
Description: A request for Physical and Environmental Constraints Permit and Limited
Use and Activities permit for work within a designated Water Resource Protection Zone. The
application is to retroactively permit work that was done without proper authorization for stream
bank restoration and installation of flood control measures. The waterway has in the past
experienced failed bank stabilization, and significant erosion. The application includes a report
from a civil engineer detailing the recommended measures as well as revegetation and mitigation
measures. COMPREHENSIVE PLAN DESIGNATION: Multi -Family Residential; ZONING:
R-2; ASSESSOR'S MAP 4: 39IE09DB; TAX LOT: 8900.
The Community Development Director's decision becomes final and is effective on the 12"' 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 Conununity Development Department, located at 51
Winburn Way. Copies of file documents can be requested and are charged based on the City of
Ashland copy fee schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may
request a reconsideration of the action as set forth in the Ashland I.,and Use Ordinance (ALUO)
18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO
18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached.
The appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Aaron Anderson in the
Community Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-A88-5305
51 Winbum Way Fax: 541552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
SECTION 18,5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection I8.5.I.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider- a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
I . Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.13.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Thne 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 oflIppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading rip to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Bearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a "Type 1 decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
I U
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA -TI -2021-00148
SUBJECT PROPERTY: 545 Holly St.
OWNER: Eric Recors
APPLICANT: Thornton Engineering
DESCRIPTION: A request for Physical and Environmental Constraints Permit and
Limited Use and Activities permit for work within a designated Water Resource Protection Zone.
The application is to retroactively permit work that was done without proper authorization for
stream bank restoration and installation of flood control measures. The waterway has in the past
experienced failed bank stabilization, and significant erosion. The application includes a report
from a civil engineer detailing the recommended measures as well as revegetation and mitigation
measures.
COMPREHENSIVE PLAN DESIGNATION: Multi -Family Residential; ZONING: R-2;
MAP: 39 IE 09 DB; TAX LOT: 8900
SUBMITTAL DATE:
April 19, 2021
DEEMED COMPLETE DATE:
July 1, 2021
STAFF DECISION DATE:
August 10, 2021
DEADLINE TO APPEAL (4:30 p.m.):
August 23, 2021
FINAL DECISION DATE:
August 24, 2021
APPROVAL EXPIRATION DATE:
February 24, 2023
DECISION
The Application is for both a Physical and Environmental Constraints Permit as well as a
Limited Activities and Uses Permit for bank stabilization activities along an identified
intermittent and ephemeral stream in the adopted Water Resource Protection Zone (WRPZ)
maps.
This planning action originated by an early September 2020 code enforcement complaint (see
CC -LAND -2020.0508) in which an inquiry by a concerned citizen was received about whether
earth work being conducted at the rear of the subject property had been properly permitted. It
was determined that there had been no planning action or permits on file for any work in the
WRPZ. On September 14, 2021 Staff conducted a site visit an took several photos from the
adjacent property at 606 Iowa Street. It was clear that significant earthwork had taken place
channelizing the drainage and lining with rip -rap. Following the site visit staff then prepared a
notice of violation and mailed it to the property owner on September 24, 2020.
On October 7"', 2020 the property owner contacted planning staff to discuss the violation. During
that call the property owner stated that he had been led to believe by the construction company
that conducted the work that the project was allowed without a permit. During the call staff
discussed with the property owner the thresholds for alteration of land under exempt activities
PA -T1-2021-00148
545 Holly St./alfa
Page 1
(1,000 sq. ft, 15 cu. Yds.") and based on the property owners answers it was determined that the
work that had been conducted exceeded those limits. Following this conversation, the property
owner applied for a pre -application conference to discuss next steps for permitting and
mitigation.
On January 6, 2021 a pre -application conference was conducted via zoom where we discussed
the steps to apply for a limited activities and uses permit (See PREAPP-2020-00245). One of the
limited activities and uses that is permitted in the Water Resource Protection Zone (WRPZ) is
the maintenance of storm water treatment facilities. Staffs primary concern to resolve through the
permitting process was to ensure that the work done would not have any detrimental effect to
those downstream. It was explained that a civil engincer would be required to make that
determination.
Following the pre -application, the property owner retained Thornton Engineering, Inc. to act on
his agent and to prepare an application for both a Physical & Environmental Constraints Review
Permit (as required under AMC 18.3.10), as well as a Limited Activities and Uses Permit (as
required under AMC 18.3.11) for uses or activities within a WRPZ for a regulated stream or
wetland. The application includes a narrative, findings demonstrating how the approval criteria
are met, and engineering letters prepared by Mike Thornton each of which will be discussed
further below.
Property
The subject property, shown at right, is accessed off of a
flag drive located along the north side of Holly Street,
between Idaho and Kearney Streets. The property was
partitioned into this configuration with the recording of a
county survey 411678 (approved as PA#88-096). The
property is 0.25 acers in size and is zoned R-2. The
surrounding neighborhood is also R-2 north of Holly St.
and west of Harrison Street, to the south is R-1-7.5
zoning. The property contains a two-story, single-family
residence and attached carport. A majority of the
properties around 545 Holly St. are developed with
detached single-family housing. However, adjacent to
the subject property to the north and west there is also a
1.4 acre lot with mobile homes.
The property has an identified intermittent and
ephemeral stream as indicated on the adopted Water
Resource Protection Zone map (see inset). In a letter
from Mike Thornton dated April 14"' 2021 (see Exhibit
A) the waterway was described as follows:
MET,
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-The existing drainage path is a unique "island" of open drainage that lies within the
See AMC 18.3.10.020.A. La
PA -Tl -2021-00148
545 Holly St./aha
Page 2
"Mountain Creek Basin" (name per the City's Storinwater Master Plan) between existing
municipal storm drainage facilities located within both Holly Street and Harrison Street. The
Master Plan includes the following excerpt: The small Beach, Alfountain, and Clear Creek
watersheds have been highly encroached b}, resiclential development. Nivel); percent of the
streams 'lengths have been piped. Little native vegetation exists along the stream reaches.
The streams pose little threat to property but they shoiv some signs of erosion. "
Staff has familiarity with this property due to a compliant by a previous property owner
regarding flooding in the yard and a hazardous tree removal. The staff report for PA -2015-00194
mentions significant erosion along the drainage and that the erosion was significant enough that
it had undermined a number of trees along the crosion. That said, due to an unrelated code
enforcement situation at a property downstream on the drainage at 620 Iowa St. that in the last
several years there has been no observed high velocity flows or flooding. Staff understands that
there may have been improvements made to the storm water system upstream from Holly Street
that in recent years that has had the result of reducing flows in this drainage.
Proposal
The application describes the proposal as follows:
"The Applicant desires to create an improved drainage path environment by arresting the
continual erosion activity; thereby creating an opportunity for riparian vegetation to re-
establish along the Swale in a soil matrix that is stable and not constantly moving. This
environment will be achieved by hand placing stone along the drainage path and placing soil
and planting vegetation along the corridor. The length of the bank stabilization work is
approximately 180 feet; with a surface area of approximately 1,100 square feet; and a volume
of approximately 30 to 40 cubic yards of material placed."'I
Because the work was sited in an area known to staff for history of flooding:, as well as being a
regulated intermittent/ephemeral stream, the following land use approvals are required:
1) A Physical and Environmental (P&E) Constraints Permit under AMC 18.3.10.
2) A Limited Activities and Uses Permit under AMC 18.3.11 for all activities and
uses within Water Resource Protection Zones (WRPZ).
Physical & Environmental Constraints Review Permit
As mentioned above because there is a known history of flooding a Physical and Environmental
Constraints review permit is required. That said, very few development standards provided at
AMC 18.3.10.080 apply due to the nature of the project (most of the standards relate to crossings
or the development of structures). The one standard listed in the code that does apply is with
regard to fill at AMC 18.3.10.080.A. The allowed limit is no more than 50 cubic yards of fill, the
application materials state that the entire project would use no more than 40 cubic yards meeting
T Note: the application is phrased in the future tense even though the work has already been done.
See: AMC 18.3.10.060.A Land Classifications: "All lands which have physical or historical evidence of
flooding in the historical past." are applicable
PA -T1-2021-00148
545 Holly St.lalia
Page 3
this requirement.
The criteria for approval of a Physical Constraints Review Permit are described in AMC
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.
The applicant addressed each of these approval criteria in a supplemental letter dated June 12,
2021 (see Exhibit B):
Finding: The proposal complies with all of the applicable standards listed in 18.3.10.080 AC,
and the proposal and the application of such standards minimizes any potential adverse
impacts. Specifically:
1. Runoff peak flow. The proposal will not significantly adversely impact the peak flow
of the drainage basin during the 100 -year flood.
2. Runoff volume. The proposal will not significantly adversely impact the volume of
the runoff during the 100 -year flood.
Runoff location. The proposal will not significantly adversely impact the location of
flooding as it enters and exists the subject property.
4. Runoff water quality. The proposal will not significantly adversely impact the water
quality of the runoff.
5. Erosion/sediment control. The proposal will not significantly adversely impact the
erosion and sedimentation in the drainage basin.
The evaluation of significant adverse impacts is based on the pre -development and the post -
development conditions of the subject proposal.
I subunit to you the above Finding based on my observations, research, analysis, and opinion
of the ongoing erosion and the proposed bank stabilization work for the subject property. In
preparation of this letter I have conducted a site visit, reviewed photos provided by you,
reviewed historic aerial photographs, reviewed the City of Ashland's Land Development
Ordinance, reviewed the City of Ashland's Stormwater and Drainage Master Plan (dated
June 2000), and performed hydrologic calculations. Based on this information and my 40
PA -TI -2021-00148
545 Holly St./alga
Page 4
years of civil engineering experience I recommend Haat you attempt to arrest the ongoing
erosion along the subject drainage path with a combination of the use of stone, existing trees
and vegetation, and the establishment of additional native vegetation.
Limited Activities and Uses within a Wetland Protection Zone
As mentioned above the maintenance of flood control measures is an allowed activity in the
WRPZ including the "Installation or expansion of structural flood control measures." The April
101, 2021 letter from Mr. Thornton (again, see Exhibit A) describes his observations and
recommendations as follows:
Based on aerial images, and on the testimony and photos provided by the Applicant, and
previous owners, the property drainage path has experienced failed bank stabilization
measures, serious erosion, sedimentation, and flooding problems for many years. The stream
geomorphology of drainage ways that have been placed into piped systems tend to increase
the velocity of the flow due to low roughness coefficient in the pipe; and to reduce the
sediment load in the water due to the flow not being in contact with the earth. The expected
consequence when this flow is released into in "open" swales would be significant erosion
due to the flow velocity and the water tending to pick up soil particles to increase its
sediment load.
Based on my preliminary calculations, I anticipate frequent flood flows to achieve velocities
on the order of 5 to 7.5 feet per second. These velocities support the observation of the
failure of the many prior attempts to stabilize the drainage way with vegetation alone or
small stones and timbers.
I recommend improving the drainage path environment by arresting the continual erosion
activity; thereby creating an opportunity for riparian vegetation to re-establish along the
swale in a soil matrix that is stable and not constantly moving. This environment will be
achieved by hand placing stone (approximately 10 to 12 inches in diameter) along the
drainage path and placing soil and planting vegetation along the corridor. Retain the existing
trees and plant additional trees to provide shade and stabilization for the drainage way; in an
effort to mitigate any temperate impacts to the water from the stone (although I imagine that
the swale flows very infrequently during spring, summer and fall). The length of the bank
stabilization work is approximately 180 feet; with a surface area of approximately 1,100
square feet; and a volume of approximately 30 to 40 cubic yards of material placed.
The criteria for approval of a `Limited Activities and Uses Perrnit' within a Water
Resources Protection Zone are described in AMC 18.3.11.060.D as follows:
All activities shall be located as far away from streams and wetlands as practicable,
designed to minimize intrusion into the Water Resources Protection Zone and disturb
as little of the surface area of the Water Resource Protection Zone as practicable.
2. The proposed activity shall be designed, located and constructed to minimize
excavation, grading, area of impervious surfaces, loss of native vegetation, erosion,
and other adverse impacts on Water Resources.
3. On stream beds or banks within the bank full stage, in wetlands, and on slopes of 25
percent or greater in a Water Resource Protection Zone, excavation, grading,
PA -Ti -2021-00148
545 Holly St./alta
Page 5
installation of impervious surfaces, and removal of native vegetation shall be avoided
except where no practicable alternative exists, or where necessary to construct
public facilities or to ensure slope stability.
4. Water, storm drain, and sewer systems shall be designed, located and constructed
to avoid exposure to floodwaters, and to avoid accidental discharges to streams and
wetlands.
5. Stream channel repair and enhancement, riparian habitat restoration and
enhancement, and wetland restoration and enhancement will be restored through the
implementation of a mitigation plan prepared in accordance with the standards and
requirements in section 18.3.11.110 Mitigation Requirements.
6. Long term conservation, management and maintenance of the Water Resource
Protection Zone shall be ensured through preparation and recordation of a
management plan as described in subsection 18.3.11.11 QC, except a management
plan is not required for residentially zoned lots occupied only by a single-family
dwelling and accessory structures.
The first criterion is that the activity be conducted as far outside of the WRPZ as possible. As
this activity was bank stabilization it was not possible to be located outside of the WRPZ_,. The
activity was limited to the banks that were required to be stabilized is disturbed a surface area of
roughly 1 100 square feet. The property has naturally revegetated with native grasses in the
months since the work was originally conducted. Staff has made a site visit and reviewed photos
that were submitted by the property owner. The current conditions of the site are almost entirely
revegetated with grasses. While there is a lack of mid story shrubs and bushes staff feels that
based on the size of the rear yard that it is reasonable for the property owner to make use of some
of this buffer area with activities that are traditional to a back yard (patio furniture etc.). For the
areas that are not naturally revegetated the applicant should continue to add plantings consistent
with the prescriptive mitigation plan from AMC 18.3.11.110.
Because the property is a residentially zoned lot occupied only by a single-family dwelling a
long-term conservation and management plan is not required. The sixth criterion is satisfied.
Public Comment
In accordance with the Land Use Ordinance, Notice of Complete Application (NOCA) was
mailed to all surrounding properties within 200' of the subject property, as well as a physical
notice posted along the frontage. After the mailing of the NOCA, no public comment received
either in favor or opposition.
Conclusion, Decision & Conditions of Approval
The request for Limited Activities and Uses Permit for activities within Water Resource
Protection Zones and Physical Environment Constraints Review Permit can be found to mect all
applicable criteria. The applicant has submitted materials to the Planning Department to
demonstrate compliance with the applicable approval standards for the approvals requested and
by their reference are incorporated as if set out in full.
PA -TI -202I-00148
545 Holly St./aha
Page 6
In staffs final assessment, the application with the attached conditions complies with all
applicable City ordinances, therefore Planning Action PA -TI -2021-00148 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 PA -T1-2021.00148 is denied. The
following are the conditions and they are attached to the approval:
1) That all proposals of the applicant including proposed conservation, erosion control and
Pollution control measures shall be conditions of approval unless otherwise modified
herein.
2) That within 18 months the area be further mitigated consistent with the requirements of
AMC 18,111.110.B `The prescriptive option' for the areas that have not already
naturally revegitated. Mitigation plantings shall include local native plant species
identified on the City's Local Native Plant Species List. The use of noxious and invasive
plants on the City's Prohibited Plant List is prohibited in water resource protection zones.
Bill Molnar, Director
Department of Community Development
August 10, 2021
Date
PA -11-2021-00148
545 Holly St./aha
Page 7
Exhibit MORNION
*RGINIRING INC.
April 14, 2021
Eric Recors
545 Holly Street
Ashland, Oregon 97520
erecors@gmail.com
Subject: Drainage Path Bank Stabilization — 545 Holly Street, Ashland, Oregon
Pursuant to your request, I submit to you this letter regarding my observations, research,
analysis, and opinion of the ongoing erosion and the proposed bank stabilization work for the
subject property. In preparation of this letter I have conducted a site visit, reviewed photos
provided by you, reviewed historic aerial photographs, reviewed the City of Ashland's Land
Development Ordinance, Reviewed the City of Ashland's Stormwater and Drainage Master Plan
(dated June 2000), and performed hydrologic calculations. Based on this information and my 40
years of civil engineering experience I recommend that you attempt to wrest the ongoing erosion
along the subject drainage path with a combination of the use of stone, existing trees and
vegetation, and the establislunent of additional native vegetation — as described herein.
The existing drainage path is a unique "island" of open drainage that lies within the "Mountain
Creek Basin" (name per the City's Stormwater Master Plan) between existing municipal storm
drainage facilities located within both Holly Street and Harrison Street. The Master Plan includes
the following excerpt:
The small Beach, Mowitain, and Clear Creek itatejsheds have been highly encroached by
residential development. Ninety percent of the streams' lengths have been piped. Little native
vegetation exists along the strewn reaches. The streams pose little threat to property but they
shotiv some signs of erosion.
Based on aerial images, and on the testimony and photos provided by the Applicant, and
previous owners, the property drainage path has experienced failed bank stabilization measures,
serious erosion, sedimentation, and flooding problems for many years. The stream
geomorphology of drainage ways that have been placed into piped systems tend to increase the
velocity of the flow due to low roughness coefficient in the pipe; and to reduce the sediment load
in the water due to the flow not being in contact with the earth. The expected consequence when
this flow is released into in "open" swales would be significant erosion due to the flow velocity
and the water tending to pick up soil particles to increase its sediment load.
Based on my preliminary calculations, I anticipate fi-equent flood flows to achieve velocities on
the order of 5 to 7.5 feet per second. These velocities support the observation of the failure of the
many prior attempts to stabilize the drainage way with vegetation alone or small stones and
timbers.
Office (541 ) 899-1489 Fax(541)899-3419 P.0- Sox 476, 260 N. 3rd Street, Jacksonville, OR 97530
I recommend improving the drainage path environment by arresting the continual erosion
activity; thereby creating an opportunity for riparian vegetation to re-establish along the swale in
a soil matrix that is stable and not constantly moving. This environment will be achieved by Band
placing stone (approximately 10 to 12 inches in diameter) along the drainage path and placing
soil and planting vegetation along the corridor. Retain the existing trees and plant additional trees
to provide shade and stabilization for the drainage way; in an effort to mitigate any temperate
impacts to the water from the stone (although I imagine that the Swale flows very infrequently
during spring, summer and fall). The length of the bank stabilization work is approximately 180
feet; with a surface area of approximately 1,100 square feet; and a volume of approximately 30
to 40 cubic yards of material placed.
Chapter 18.3.11.110 (LDO) provides a Prescriptive Option to satisfy the enhancement and
mitigation of the stabilization work. As much as applicable to the project environment, I
recommend following the standards therein.
Please contact our office to answer any questions or concerns you may have.
Sincerely,
Thornton Engineering, Inc.
IN
Michael P. Thornton, P.E.
2021 .04.14 16:08:54 -07'00'
PRFSS
14.896 9
OREGON O
y,9�C
RENEWAL DATE: 6/30/2022 1
Office (541) 899-1489 Fax(541)899-3419 P.O. Box 476,260 N. 3rd Sireet, Jacksonville, OR 97530
`"°'°°e TflORNTON
*RGINMING INC.
June 12, 2021
Eric Recors
545 Holly Street
Ashland, Oregon 97520
crecors@gmail.com
Subject: Drainage Path Bank Stabilization — 545 Holly Street, Ashland, Oregon
Pursuant to your request, this letter provides supplemental information regarding the subject
project. City staff has requested additional information pertinent to Chapter 18.3.10.050 Ph),sieal
and Environmental Constraints Overlay, approval criteria. Although the subject drainage path
does not appear as flood plain corridor lands on any of the City's mapping establishing such; the
Land Classification section of the specified chapter includes the following:
A. Flood Plain Corridor- Lairds. Lands rt,ith potential sh-eam 8014, and flood hazard. Tire
folloll,ing lands are classified as Flood Plain Corridor Lands.
...3. All lands 44,hich have physical or historical evidence of flooding in the historical
past...
Even though the subject property is not subject to this chapter based on the other four land
classification statements, the statement above seems to be a "catch-all" for the entire planet.
Obviously, such generalization in land development code is a cause for difficult interpretation for
applicants and jurisdictional staff alike. It is tempting to challenge the applicability of this
chapter to your property — especially given that the property appears on the City's 1Yater
Resource Protection Zones Requirements Allap and not on the City's Physical and
Environmental Constraints Floodplain Corridor Lands Map. However, I have reviewed the
following approval criteria for the chapter and the specifies of your property, and am confident in
making the subsequent finding regarding the approval of your proposal,
18.3.10.050 Approval Criteria
An application for a Physical Consh•aints Revieu, Permit is subject to the Type I procedum in
section 18.5.1.050 and shall be approved if the proposal meets all of the folloiving criteria.
A. Through the application of the development standards of this chapter, the potential impacts
to the property and nearby areas have been considered, and ad4>erse impacts have been
minimized.
B. That the applicant has considered the potential hazards that the der,elopment may create and
iml-Vernented measures to mitigate the potential hazards caused by the development.
Office (541) 999-1489 rax(541)899-3419 P.O. Box 478, 260 N. 3rtl Street, Jacksonville, OR 97530
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 Corninission shall consider the existing development of the
surrounding area, and the rnaxinnan development perrrnitted by this ordinance,
Finding: Tile proposal complies with all of the applicable standards listed in 18.3.10.080 A-
C, and the proposal and the application of such standards minimizes any potential adverse
impacts. Specifically:
1. Runoff peak flow. The proposal will not significantly adversely impact the peal~; flow
of the drainage basin during the 100 -year flood.
2. Runoff volume. The proposal will not significantly adversely impact the volume of
the runoff during the 100 -year flood.
3. Runoff location. The proposal will not significantly adversely impact the location of
flooding as it enters and exists the subject property.
4. Runoff water quality. The proposal will not significantly adversely impact the water
quality of the runoff.
5. Erosion/sediment control. The proposal will not significantly adversely impact the
erosion and sedimentation in the drainage basin.
The evaluation of significant adverse impacts is based on the pre -development and the
post -development conditions of the subject proposal.
I submit to you the above Finding based on my observations, research, analysis, and opinion of
the ongoing erosion and the proposed bank stabilization work for the subject property. In
preparation of this letter I have conducted a site visit, reviewed photos provided by you,
reviewed historic aerial photographs, reviewed the City of Ashland's Land Development
Ordinance, reviewed the City of Ashland's Storinwater and Drainage Master Plan (dated Jane
2000), and performed hydrologic calculations. Based on this information and my 40 years of
civil engineering experience I recommend that you attempt to arrest the ongoing erosion along
the subject drainage path with a combination of the use of stone, existing trees and vegetation,
and the establishment of additional native vegetation.
Please contact our office to answer any questions or concerns RSD PROFF
you may have.
`���G y N e�s�o9
Sincerely, W 14.896 f
Thornton
Engineering, Inc.
_ OREGON o _zt
Michael P. Thornton, P.E.
RENEWAL DAME: 6/30/2022
Office (541) 899-1489 Fax(541)899-3419 P.O. Box 476, 260 N. 3rd Street, Jacksonville, OR 97530
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 8110121 1 caused to be mailed, by regular mail, in a sealed envelope
with postage fully prepaid, a copy of the attached planning action notice to each
person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #PA -T1-2021-00148, 545 Holly.
��g zqc"
Signature of Employee
G:4comm-de4lari6ngVllanning AcGonsTAs 5y SOeetfl+lo,4yWoJy. 5451PA-71-2021.001484N'otdagWODMoSy_545_PA-71 2021-00148_MOD-Affdavlt of 1.4aTng.docx B11012021
PA -T1-2021-00148 391E09DB8400
ALLEN DAVID S TRUSTEE ETAL
120N2ND ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB8500
ALLEN MICHAEL PAUL
578 IOWA ST
ASHLAND, OR 97520
PA -T1-2021-00148 391 E09DB9400
ATKINS ASHLEY AIATKINS GWEN K
287 HARRISON ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB90003
PA -T1-2021-00148 391E09DB9002
PA -T1-2021-00148 391E09DB90000
BRADLEY THOMAS -TRUSTEE
BROWN CHAD M ET AL
CREEKSIDE GLEN LTD
4928 SENTINEL DR #1403
550 HOLLY ST
400 ASHLAND ST
BETHESDA, MD 20816
ASHLAND, OR 97520
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB8300
PA -T1-2021-00148 391E09DB90006
PA -T1-2021-00148 391E09DB90005
DELUCA REVOCABLE TRUST ET AL
EATINGER A R TRUSTEE ET AL
FISCHER MARK A ET AL
228 MORNINGLIGHT DR
1361 EVAN LN
8580 DEAD INDIAN MEMORIAL RD
,ASHLAND, OR 97520
ASHLAND, OR 97520
ASHLAND, OR 97520
PA -T1-2021-00148 391 E09DC2800
j GEARY EDWARD A TRUST ET AL
345 HARRISON ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB9100
E
GRUDIN MELISSA KAPLAN TRUSTEE
E 625 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB9501
LIGON WILLIAM C TRUSTEE ET AL
1640 IOWA ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB90004
E
ROBINSON ANNA MARIE/ERIK
614 IOWA ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DC4702
SHANAFELT MICHAEL A TRUSTEE E
'572 HOLLY ST
ASHLAND, OR 97520
1
PA -T1-2021-00148 391E09DC3200
SYDORIAK WALTER M TRUSTEE ET
622 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09005701
WINANS TRUSTEE PAUL L JR
500 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB90002
GOODING MATTHEW KIRIO SHANNON
610 IOWA ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DC3100
HAJEK PATRICIA
5910 RIVER DR
MASON NECK, VA 22079
PA -T1-2021-00148 391E09DB8900
RECORS ERICK
545 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB8401
RUTTER TIMOTHY J TRUSTEE ET A
541 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391 E09DB9101
SHUMAN AMY C TRUSTEE ET AL
639 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DC4701
TENNANT BARBARA HINICHOLAS M
582 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391 E09DB9500
WINTER THOMAS A TRUSTEE
634 IOWA ST
ASHLAND, OR 97520
PA -T1-2021-00148 391 E09DC4800
GORDON CRAIG
344 IDAHO ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB9300
KERRO MARGARET/ROBERT KEANE
1991 DORIS AVE
LOS OSOS, CA 93402
PA -T1-2021-00148 391 E09DB9201
REMINGTON MICHAEL B TRUSTEE E
645 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DC3400
SCHINNERER MARVINIMARY
906 POMONA AVE
ALBANY, CA 94706
PA -T1-2021-00148 391E09DB9001
STRASSBERG-PHILLIPS DAJA K TR
712 SE JACKSON PARK RD
TROUTDALE, OR 97060
PA -T1-2021-00148 391E09DB90001
VOELLM MONIKA ET AL
2100 MOUNT DIABLO SCENIC BLVD
DANVILLE, CA 94506
PA -T1-2021-00148 391 E09DB9502
WOOD DAVID WNILMA M SILVA
646 IOWA ST
ASHLAND, OR 97520
PA -T1-2021-00148 39lE09DB8800
WOOSNAM DAVID T TRUSTEE
620 IOWA ST
ASHLAND, OR 97520
t .
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t .
p" Planning Department, 51 Winburri Way, Ashiland, Oregon 97520 1 T Y 0 F
waiiawi
PF
ff 541-488-5305 Fax: 541,-552-2050 www.ashiland.or.us TTY: 1-800-735-2900 -ASHLAND
VOTICE OF ARRLW,AMV
PLANNING ACTION: PA -T1-2021-00148
SUBJECT PROPERTY1 545 Holly St
OWN ERIAPPLI CANT:, Eric Recors
DESCRIPTION: A request for Physical and Environmental Constraints Permit and Limited Use and Activities
permit for work within a designated Water Resource Protection Zone,. The application is to retroactively permit work
that was, done without proper authorization for stream bank restoration and installation of flood control measures.
The waterway has in the past experienced failed bank stabilization, and significant erosion. The application includes
a report from a civil engineer detailing the recommended measures as well as revegetation and mitigation
measures, COMPREHENSIVE PLAN DESIGNATION: Multi -Family Residential; ZONING: R-2; ASSESSOR'S
MAP #: 391 E09DB; TAX LOT: 8900
NOTICE OF COMPLETE APPLICATION: July 1, 2021
DEADLINE FOR SUBMISSION OF' WRITTEN COMMENTS: July 14, 2021
OVER
G ActionsTAs by StrectUrdlnllyVlolly_54STA-T@-2O2]-OO[48kNoticirtg\NOCU Myl.545_-PA-Tl-2021-D0l48. NOC.ducx (;
The Ashland Planning Division Staff has received a complete application for the property noted on Page 1, of this notice.
Because of the COVID-19 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 pte2n n i n (I ashlar d.or.us.
A copy of the application, including all documents, evidence and applicable criteria are available online at "What's
Happening in my City" at httos://qis.ashland.onus/develor)t-neiitoror)osals/. Copies of application materials will 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) 488-5306 or emailing
Any affected property owner or resident has a right to submit written comments top1qnningJa]a OJ)_ Us qq .Pr.or to the City of
h
�
Ashland Planning: Division, 51 Winburn Way, Ashland, Oregon 975,20 prior to 4:30 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
1&5,1,0%G)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an
objection concerning this appliication, 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 LUIBA 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
aarori.andei-son(a)ashlarid.or.us or 541-488-5305.
PHYSICAL & ENVIRONMENTAL CONSTRAINTS
18.110.050
An application for a Physical Constraints Review Permit is subject to the Type I procedure in section 18.5.1.050 and shall be approved if the proposal meets all
of the following criteria.
A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and
adverse impacts have been minimized,
B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards
caused by the development,
C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more
seriously than reversible actions, The Staff Advisor or Planning Commission shall consider the existing development of the Surrounding area, and the
maximum development permitted by this ordinance.
LIMITED ACTIVITIES AND USES PERMIT
18.11 1.060M
All Limited Activities and Uses described in section 18.3.11 .060 shall be subject to a Type I procedure in section 18.5.1 .050. An application for a Limited Activities
and Uses Permit shall be approved if the proposal meets all of the following criteria.
1. All activities shall be located as far away from streams and wetlands as practicable, designed to minimize intrusion into the Water Resources Protection
Zone and disturb as little of the surface area of the Water Resource Protection Zone as practicable,
2. The proposed activity shall be designed, located and constructed to minimize excavation, grading, area of impervious surfaces, loss of native vegetation,
G:�conin\-doN,kpl,lnn!nL\Plaiiniiag ActionsTAs by Street\lMiolty\3iolly_5tS\FA-T I PAJ I -2021-0G148_N0C.docx
erosion, and other adverse impacts on Water R. irces.
3. 4n stream beds or banks within the bank full stayd, in wetlands, and on slopes of 25 percent or greate _a Water Resource Protection Zone, excavation,
grading, installation of impervious surfaces, and removal of native vegetation shall be avoided except where no practicable alternative exists, or where
necessary to construct public facilities or to ensure slope stability.
4. Water, storm drain, and sewer systems shall be designed, located and constructed to avoid exposure to floodwaters, and to avoid accidental discharges
to streams and wetlands.
5. Stream channel repair and enhancement, riparian habitat restoration and enhancement, and wetland restoration and enhancement will be restored
through the implementation of a mitigation plan prepared in accordance with the standards and requirements in section 18.3.11.110 Mitigation
Requirements.
6. Long term conservation, management and maintenance of the Water Resource Protection Zone shall be ensured through preparation and recordation of
a management plan as described in subsection 18.3.11110.C, except a management plan is not required for residentially zoned lots occupied only by a
single-family dwelling and accessory structures.
Cx;lcomen-0evhplanninglPlanningActionsTAsbySlreeAFI\Ho11y1Holly_545TA-Ti-2021-001481\olicingWOCIHolly_545 PAT] -2021M146_,1'OC.docx
PA -T1-2021-00148 391E09DB 8900
ALLEN DAVID S TRUSTEE ET AL
120 N 2ND ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
BRADLEY THOMAS -TRUSTEE
4928 SENTINEL DR #1-403
BETHESDA, MD 20816
PA -T1-2021-00148 391E09DB 8900
DELUCA REVOCABLE TRUST ET AL
228 MORNINGLIGHT DR
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
ALLEN MICHAEL PAUL
578 IOWA ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
BROWN CHAD M ETAL
550 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
EATINGER A R TRUSTEE ET AL
1361 EVAN LN
ASHLAND, OR 97520
Go to avury.com/template5
5160 1
PA -T1-2021-00148 391E09DB 8900
ATKINS ASHLEY A/ATKINS GWEN K
287 HARRISON ST
ASHLAND, OR 97520
PA -T1-2021.-00148 391E09DB 8900
CREEKSIDE GLEN LTD
400 ASHLAND ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
FISCHER MARK A ET AL
8580 DEAD INDIAN MEMORIAL RD
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900 PA -T1-2021-00148 391E09DB 8900 PA -T1-2021-00148 391E09DB 8900
GEARY EDWARD A TRUST ET AL GOODING MATTHEW K/RIO SHANNON GORDON CRAIG
345 HARRISON ST 610 IOWA ST 344 IDAHO ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
GRUDIN MELISSA KAPLAN TRUSTEE
625 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
LIGON WILLIAM C TRUSTEE ET AL
640 IOWA ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
ROBINSON ANNA MARIE/ERIK
614 IOWA ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
SHANAFELT MICHAEL A TRUSTEE E
572 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
SYDORIAK WALTER M TRUSTEE ET
622 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
HAJEK PATRICIA
5910 RIVER DR
MASON NECK, VA 22079
PA -T1-2021-00148 391E09DB 8900
RECORS ERICK
545 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021.-00148 391E09DB 8900
RUTTER TIMOTHY J TRUSTEE ET A
541 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
SHU MAN AMY C TRUSTEE ET AL
639 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
TENNANT BARBARA H/NICHOLAS M
582 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
KERRO MARGARET/ROBERT KEANE
1991 DORIS AVE
LOS OSOS, CA 93402
PA -T1-2021-00148 391E09DB 8900
REMINGTON MICHAEL B TRUSTEE E
645 HOLLY ST
ASHLAND, OR 97520
PA -T1-2021-00148 391E09DB 8900
SCHINNERER MARVIN/MARY
906 POMONA AVE
ALBANY, CA 94706
PA -T1-2021-00148 391E09DB 8900
STRASSBERG-PHILLIPS DADA K TR
712 SE JACKSON PARK RD
TROUTDALE, OR 97060
PA -T1-2021-00148 391E09DB 8900
VOELLM MONIKA ET AL
2100 MOUNT DIABLO SCENIC BLVD
DANVILLE, CA 94506
PA -T1-2021-00148 391E09DB 8900 PA -T1-2021-00148 391E09DB 8900 PA -T1-2021-00148 391E09DB 8900
WINANS TRUSTEE PAUL LJR WINTER THOMAS A TRUSTEE WOOD DAVID W/VILMA M SILVA
500 HOLLY ST 634 IOWA ST 646 IOWA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
M9910111WIltel ITIFT114110
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 July 1, 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 Planning Action RA -T1-2 721-00148, 545 Holly,
Az Cffamilton
Signature of Employee
(3:'Domm-deV,planning'PlanningActonsTAsbySUeet4fiHe,,Iy�Hol1..5455PA-1'I-20ZI-00140Wo,4cingVOCtHolly-545_PA-tl-2021-00148 AFFIDAVIT OF MAILING.docx 711/2021
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VA&I Planning Division
CITY OF 51 Winburn Way, Ashland OR 97520
ASHLAND 541-488-5305 Fax 541-488-6006
FILE#
DESCRIPTION OF PROJECT Bank Stabilization and Swale Enhancement
DESCRIPTION OF PROPERTY
Street Address 545 Holly Street
WMI 161kil
Pursuing LEED@ Certification? El YES El NO
Assessor's Map No. 39 1 E Section 09DB Tax Lots) 8900
Zoning EZ2
APPLICANT
Name Eric Recors
Comp Plan Designation
Phone 828-450-4455E Mail erecors@gmail.com
Address 545 Holly Street City Ashland _ Zip 97520
PROPERTY OWNER
Name Same
Address
Phone E -Mail
City Zip
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title Engineer Name Michael Thornton —Phone 541-899-1489 E4ailmike@thorntondaley. com
Address PO Box 476
'Title Name
Address
Phone
city Jacksonville zip 97530 -
C4
L:Wfm
Zip
I hereby codify that the statements and information contained in this application, incfuding the enclosed drawings and the required findings of 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 property 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.
Applicant's Signature
Date
As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property
owner.
Property Owner's Signature (required) Date
(To be coW%ted by City Slafq
Date Received Zoning Permit Type, Fifing]Fee� � A()�
OVER 0
Wcomni-devlplwninffomis & HandoutsVuning Pemiit Applicafion.doc
ZONING PERMIT SUBMITTAL_ REQUIREMENTS
® APPLICATION FORM must be completed and signed by both applicant and property owner,
® 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.
® 2 SETS OF SCALED PLANS no larger than 11"x17". Include site plan, building elevations, parking and landscape
details. (Optional --1 additional large set of plans, 2'x3', to use in meetings)
N 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.
Wxomm-devkplmningTorms & Handouls7oning Permit Application.dac
545 HOLLY STREET, ASHLAND, OREGON
WATRER RESOURCES PROTECTION ZONE APPLICATION
LIMITED USES AND ACTIVITIES PERMIT
ADMINISTRATIVE REVIEW (TYPE I ACTION)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BEFORE THE CITY OF ASHLAND COMMUNITY DEVELOPMENT DEPARTMENT,
CITY OF ASHLAND, OREGON:
In The Matter Of:
An Application for an Administrative Review for Limited Activities and Uses within Water Resources
Protection Zone; located at 545 Holly Street, Ashland, Oregon:
NATURE OF THE APPLICATION
Property Description:
The subject property is a tract of 0.25 acres in area, located at 545 Holly Street, in Ashland, Oregon, and more
properly described as Assessor's Map 39 -1E -Section 09DB, Tax Lot 8900, Jackson County, Oregon.
Applicant:
The Applicant is Erick Recors, 545 Holly Street, Ashland, Oregon, 97520.
Telephone (828) 450-4455.
Propel Owner:
The owner of the property is the same as the Applicant.
The agent for the Applicant and Property Owner is Thornton Engineering, Inc., PO Box 476, 260 N. Third Street,
Jacksonville, OR. Telephone (541) 899-1489
Zonin :
The property is zoned R -tor Historic Core.
Water Resources Protection Zones Overla s :
Intermittent Stream.
Physical and Environmental Constraints, Floodplain Corridor Lands
None Identified.
Page —1—
Narrative:
The project is located along an existing un -named drainage path within the back yard of the subject property— 545
Holly Street, Ashland - north of the existing residence. This is a unique "island" of open drainage that lies within
the "Mountain Creek Basin" (name per the City's Stormwater Master Plan) between existing municipal storm
drainage facilities located within both Holly Street and Harrison Street (See Figure 1 -- Ashland's Water
Resources Protection Zone Map). Based aerial images, and on testimony and photos provided by the Applicant,
and previous owners, the property drainage path has experienced failed bank stabilization measures, serious
erosion, sedimentation, and flooding problems for many years (See Figures 2, 3 & 4).
Figure I inappropriately labels this drainage path as an intermittent or ephemeral stream. It is no longer a stream
of any kind. It is a drainage path that has largely been urbanized into a piped storm drainage system. This
urbanization has diverted the majority of the natural runoff away from this drainage path. For the most part, none
of the purposes of the Water Resources Protection Zone Overlay are any longer applicable to this drainage path.
The Applicant's first request of the City Staff is to make a determination, per LDO 18.3.11.020 C, that a Water
Resources Protection Zone does not exist on the subject property.
In the event that Staff is not able to make the funding requested above, the Applicant presents the following as
evidence supporting the approval of a Limited Activities and Uses Permit.
The stream geomorphology of drainage ways that have been placed into piped systems tend to increase the
velocity of the flow due to low roughness coefficient in the pipe; and to reduce the sediment load in the water due
to the flow not being in contact with the earth. The expected consequence when this flow is released into in
"open" swale would be significant erosion due to the flow velocity and the water tending to pick up soil particles
to increase its sediment load.
The Applicant desires to create an improved drainage path environment by arresting the continual erosion activity;
thereby creating an opportunity for riparian vegetation to re-establish along the swale in a soil matrix that is stable
and not constantly moving. This environment will be achieved by hand placing stone along the drainage path and
placing soil and planting vegetation along the corridor (See Figures 5, 6 & 7). The length of the bank stabilization
work is approximately 180 feet; with a surface area of approximately 1,100 square feet; and a volume of
approximately 30 to 40 cubic yards of material placed.
This Application is for a Water Resources Protection Zone Limited Activities and Uses Permit, per LDO
18.3.11.060 D, in order to obtain land -use approval for the bank stabilization activities. In support ofthe purpose
and intent for the City's Water Resources Protection Zones (Overlays), the Applicant desires:
1. To reduce flood damage and potential loss of life in areas subject to periodic flooding (18.3.11.010 E).
2. To better manage storm water drainage, minimize maintenance costs, protect properties adjacent to
drainage ways, and improve water quality... (18.3.11.010 F).
3. To control erosion and limit sedimentation (18.3.11.010 H).
The Applicant proposes to achieve the above by implementing the following activities:
1. Stream Restoration and Enhancement; removal of failing (and harmful) erosion control measures such as
existing railroad ties and concrete rubble located along and within the drainage path (18.3.11.060 B.1.).
2. Erosion Control; placement of bank stabilization stone, soil and vegetation measures designed to withstand
the erosive velocities of the swale while providing an opportunity for the establishment of non-structural
bio -engineering methods such as soil -retention, grasses, and trees. See attached letter from Thornton
Engineering, dated April 14, 2021, with regards to the need for the bank stabilization measures.
Page —2—
APPLICATION SUBMISSION RE UIREMEMNTS
A. Required Plans and Information. The following plans and information shall be submitted with the
application for activities and uses in a Water Resource Protection Zone which are required to be processed
under a Type I or Type II procedure in chapter 18.5.1 including Limited Activities and Uses, Water Resource
Protection Zone Reductions and Hardship Exceptions.
1. A narrative description of all proposed activities and uses including the extent to which any Water
Resource Protection Zone is proposed to be altered or affected as a result of the proposed
development activity or use (in terms both of square footage of surface disturbance and cubic yards
of overall disturbance).
See the narrative above within this document. (This requirement is met)
2. Written findings of fact addressing all applicable development standards and approval criteria.
See the findings below within this document. (This requirement is met)
3. Site development plan reap, drawn to scale. The application: shall include a site map of the subject
property prepared by a licensed surveyor; civil engineer, or other design professional that includes
the information described below. The Staff Advisor may request additional it formation based upon
the character of the site or the specific nature of the proposal.
See attached Site Development Plan with comments below. (This requirement is met)
a. All watercourses identified (including any drainage ways, ponds, etc).
Shown on the Plan.
b. Surveyed location of the Water Resource Protection Zone, as described it? section
18.3.11.040 Establishment of Water- Resource Protection Zones. For applications involving
single family residences or Limited Activities and Uses, in lieu of a surveyed location, the
Staff Advisor may approve afield determination of the Water Resource Protection Zone by
the Staff Advisor or his/her designee in which the applicant shall be required to stake the top -
of -bank or the upland -wetland edge and the boundary of the Water Resource Protection
Zone.
Field determination to be performed by Staff.
c. For activities and use proposed within a Stream Bank Protection Zone: identification of
the stream as being either fish -bearing or non -fish -bearing; identification of the top -of -bank
or center- line as required; and .surveyed location of the stream's floodway and floodplain, if
applicable.
Not a fish -bearing stream; no identified floodwaylfloodplain.
d. For activities and uses proposed within a Wetland Protection Zone: a wetland delineation
(with an accompanying site map) prepared by a natural resource projessional and that has
been concurred with by the Oregon Department of State Lands (DSL); and an aerial photo
with the wetland boundaries identifier.
Not identified as possible wetlands on City's map.
e. Topographic information at two foot contour increments identifying both existing grades
and proposed grade changes.
Shown on the Plan.
f Surveyed locations of all trees six inches in diameter at breast height (DBH) or greater
located in the Water Resource Protection Zone and within 15 feet of the Water Resource
Protection Zone, identified by edge of canopy, DBH, and species;
Page —3—
Shown on the Plan.
g. The outlines of non -tree vegetation, with a dominant species and any occurrence of non-
native, invasive species identified.
No existing significant vegetation other than the trees.
h. Location of existing and proposed development, including all existing and proposed
structures, any areas offtll or excavation, stream or wetland crossings, alterations to
vegetation, or other alterations to the site's natural state.
Shown on the Plan.
i. The location of natural features, proposed and existing structures, and other proposed and
existing improvements associated with lands within 100 feet of the Water Resource Protection
Zone.
Shown on the Plan.
j. Proposed and existing land uses within 100 feet of the Water Resource Protection Zone.
Shown on the Plan.
k. The location of temporary fencing and erosion control measures installed to prevent
encroachment and flow of material into the Water Resource Protection Zone, such as
sediment fencing and hay bales, etc.
Shown on the Plan.
1. North arrow and scale.
Shown on the flan.
m. Sources of information (federal, state, and local).
City of Ashland GIS snapping.
4. Mitigation Plan prepared in accordance with the requirements described in section
18.3.11.110 Mitigation Requirements.
See letter prepared by Thornton Engineering, in which the prescriptive option is
recommended.
S. Management Plan prepared in accordance with the requirements described in subsection
183. 11. 110. C., except a management plan is not required for residentially zoned lots
occupied only by a single-family dwelling and accessory structures.
Not applicable,
Page —4—
RELEVANT SUBSTANTIVE APPROVAL CRITERIA
This application is consistent with the following provisions of Chapter 18.3.11.060, of the City of Ashland Land
Development Ordinance (LDO).
D. Limited Activities and Uses Permit. All limited activities and uses described in section 18.3.11.060 shall he
subject to a Type I procedure in section 18.5.1.050. An application far a limited activities and uses permit shall
be approved if the proposal meets all of the following criteria:
1. All activities shall be located as far aivayfr-onr streams and wetlands as practicable, designed to minimize
intrusion into the Water Resource Protection Zone and disturb as little of the sur face area of the Water
Resource Protection Zone as practicable.
FINDING/CONCLUSION: All work will be conducted in the dry (no flowing water in the drainage path).
Given the nature of the existing swale deterioration and the necessity of the bank stabilization, the work
must be performed within the Water Resource Protection Zone. (This criterion is met)
2. Theproposed activity shall be designed, located and constructed to minimize excavation, grading, area of
impervious surjaces, loss of native vegetation, erosion, and other adverse Impacts on ;vater resources.
FINDING/CONCLUSION: All work will be performed by hand labor means without the use of heavy
equipment in order to minimize the disturbance to the water resources. By stabilizing the easily eroded
banks, the opportunity will exist to enhance vegetation along the drainage path. (This criterion is met)
3. Ora stream beds or banks within the bank-fuull stage, in ivetlands, and on slopes of 25 percent or greater in a
Water Resource Protection Zone, excavation, grading, installation of impervious surfaces, and removal oj'
native vegetation shall be avoided except where no practicable alternative exists, or where necessary to
construct public futilities or to ensure slope stability.
FINDINGICONCLUSION: The work will not include significant excavation or grading, nor will it include
the installation of impervious surfaces. The retention, and promotion, of native vegetation will occur to the
greatest extent practicable, (This criterion is met)
4. Water, storm drain, and sewer systents shall be designed, located and constructed to avoid exposure to
floodwaters, and to avoid accidental discharges to streams and wetlands.
FINDING/CONCLUSION: The work will not include water, storm drain, or sewer systems. (This criterion
is met)
5. Stream channel repair and enhancement, riparian habitat restoration and enhancement, and wetland
restoration and enhancement will be restored through the implementation ofa mitigation plan prepared in
accordance with the standards and requirements in section 18.3.11.110, Mitigation Requirements,
FINDING/CONCLUSION: The Applicant stipulates to following the provision of 18.3.11.110, and the
mitigation plan as described in the Thornton Engineering letter. (This criterion is met)
6. Long-term conservation, management and maintenance of the Water Resource Protection Zone shall be
ensured through preparation and recordation of a managementplan as described in subsection 18.3.11.110_C,
except a rnanagentent plan is not required for residentially zoned lots occupied only by a single-family
dwelling and accessary structures.
FENDING/CONCLUSION: The property is a residentially zoned lot. (This criterion is not applicable)
Page —5—
SUMMARY AND CONCLUSIONS:
The above findings and conclusions have demonstrated and stipulated that this application has:
1. Provided all submittals required for a Water Resources Protection Zone permit.
2. Satisfied all applicable criteria for approval.
Based upon the findings herein as well as the other supporting evidence in the record, it is clear that this
application is consistent with the provisions of Chapter 18.3,11.060 and all other applicable sections of the
Ashland Land Development Ordinance.
The Applicant respectfully requests that the City of Ashland approve this application.
Page —6—
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Figure 1 — City of Ashland Water Resources Protection Map
Page —7—
Figure 2 — 545 Holly Street — Prior Failing Erosion Control Measures
Page —8—
Figure 3 — Flooding Event with High Velocities
Figure 4 -W- Flooding Event with High Velocities
Page —9—
Figure S — Stone and Vegetation Along the Drainage Path
Page —10—
Figure b — Using Establish Trees for Bank Stabilization
Page —11—
Figure 7 — Re-establishing the Soil and Vegetation
Page —12—
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Figure R — City ofAshland's Physical a J Environmental ConSifgm% Floodplain Map
Page —13—
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�MORNION
fNGMEfRIN6 INC
April 14, 2021
Eric Recors
545 Holly Street
Ashland, Oregon 97520
erecors@gmail.com
Subject: Drainage Path Bank Stabilization— 545 Holly Street, Ashland, Oregon
Pursuant to your request, I submit to you this letter regarding my observations, research,
analysis, and opinion of the ongoing erosion and the proposed bank stabilization work for the
subject property. In preparation of this letter I have conducted a site visit, reviewed photos
provided by you, reviewed historic aerial photographs, reviewed the City of Ashland's Land
Development Ordinance, Reviewed the City of Ashland's Stormwater and Drainage Master Plan
(dated June 2000), and performed hydrologic calculations. Based on this information and my 40
years of civil engineering experience I recommend that you attempt to arrest the ongoing erosion
along the subject drainage path with a combination of the use of stone, existing trees and
vegetation, and the establishment of additional native vegetation — as described herein.
The existing drainage path is a unique "island" of open drainage that lies within the "Mountain
Creek Basin" (name per the City's Stormwater Master Plan) between existing municipal storm
drainage facilities located within both Holly Street and Harrison Street. The Master Plan includes
the following excerpt:
The small Beach, Mountain, and Clear Creek watersheds have been highly encroached by
residential development. Ninety percent of the .streams' lengths have been piped. Little native
vegetation exists along the stream reaches. The streams pose little threat to property but thcy
sholy soil e signs of erosion.
Based on aerial images, and on the testimony and photos provided by the Applicant, and
previous owners, the property drainage path has experienced failed bank stabilization measures,
serious erosion, sedimentation, and flooding problems for many years. The stream
geomorphology of drainage ways that have been placed into piped systems tend to increase the
velocity of the flow due to low roughness coefficient in the pipe; and to reduce the sediment load
in the water due to the flow not being in contact with the earth. The expected consequence when
this flow is released into in "open" swales would be significant erosion due to the flow velocity
and the water tending to pick up soil particles to increase its sediment load.
Based on my preliminary calculations, I anticipate frequent flood flows to achieve velocities on
the order of 5 to 7.5 feet per second, These velocities support the observation of the failure of the
many prior attempts to stabilize the drainage way with vegetation alone or small stones and
timbers.
Office (541) 899-1489 Fax(541)899-3419 P.O. Box 476,260 N. 3rd Street. Jacksonville, OR 97530
I recommend improving the drainage path environment by arresting the continual erosion
activity; thereby creating an opportunity for riparian vegetation to re-establish along the swale in
a soil matrix that is stable and not constantly moving. This environment will be achieved by hand
placing stone (approximately 10 to 12 inches in diameter) along the drainage path and placing
soil and planting vegetation along the corridor. Retain the existing trees and plant additional trees
to provide shade and stabilization for the drainage way; in an effort to mitigate any temperate
impacts to the water from the stone (although I imagine that the swale flows very infrequently
during spring, summer and fall), The length of the bank stabilization work is approximately 180
feet; with a surface area of approximately 1,100 square feet; and a volume of approximately 30
to 40 cubic yards of material placed.
Chapter 18.3.11.110 (LDO) provides a Prescriptive Option to satisfy the enhancement and
mitigation of the stabilization work. As much as applicable to the project environment, I
recommend following the standards therein.
Please contact our office to answer any questions or concerns you may have.
Sincerely,
Thornton Engineering, Inc.
WS
AI'/' - - L.-:%/ --" /- -e- -
Michael P. Thornton, P.E.
2021.04.14 16:08:54 -07'00'
A`
P. P .�°
RENEWAL DATE: 6/30/2022 1
Office (541) 899-1489 Fax(541)899-3419 P.O. Box 476,260 N. 3rd Street, Jacksonville, OR 97530
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 -T1-2021-00148
Apply Date: 4/20/2021
Ma p..' X.
Lot Pro esti Aticttess-15
391 E09DB8900 545 Holly St
Owner: Erick Recors
Owner 545 Holly
Address: Ashland, OR 97520
Phone: (828) 450-4455
Applicant: Erick Recors
Applicant 545 Holly
Address: Ashland, OR 97520
Phone: (828) 450-4455
I WRPZ Limited Use Permit for Bank Stabilization and Swale Enhancement
Fee Description: Amount:
Other Type I planning review $1,092.00
Applicant:
Date:
Total!=ees $1,092.00