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HomeMy WebLinkAboutJaquelyn_795_PA-T1-2020-00124ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-T1-2020-00124 SUBJECT PROPERTY: 795 Jaquelyn Street APPLICANT: Rogue Planning & Development Services LLC OWNER: Livni Family Trust (Gil Livni, trustee) DESCRIPTION: A request for Site Design Review and Physical & Environmental Constraints Review permit approvals for floodplain development for the property located at 795 Jaquelyn Street. The application proposal would replace the existing 931 square foot garage/shop with a 931 square foot accessory residential unit (ARU) in the same location. The structure's finished floor elevation is proposed to be raised two feet above the base flood elevation. The application also includes a request for a Tree Removal Permit to remove eight trees located within the floodplain. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5-P; ASSESSOR'S MAP: 39 1E 14BC; TAX LOT: 1900 SUBMITTAL DATE: September 17, 2020 DEEMED COMPLETE DATE: September 30, 2020 STAFF APPROVAL DATE: November 13, 2020 DEADLINE TO APPEAL (4:30 p.m.): November 30, 2020 FINAL DECISION DATE (4:30 p.m.): November 30, 2020 APPROVAL EXPIRATION DATE: May 25, 2022 DECISION Proposal The proposal is request to replace an existing 931 square foot garage/shop building, which is located within the Clay Creek floodplain at 795 Jaquelyn Street with a 931 square foot accessory residential unit (ARU) in the same location. With reconstruction, the applicant proposes to raise the structure's finished floor elevation to two feet above the base flood elevation to address building code requirements. The application materials include requests for Site Design Review to construct an Accessory Residential Unit, a Physical & Environmental Constraints Review permit for floodplain development, and a Tree Removal Permit to remove eight trees located within the floodplain. Subject Property The subject property is on the wrest side of Jaquelyn Street, north of its intersection with Diane Street and is zoned R-1-5-P, a single-family residential zoning with a 5,000 square foot minimum lot size, within the "-P" Performance Standards Overlay. The property has approximately 160 feet of frontage along Jaquelyn Street, and extends approximately 256 feet to the west. The subject property has an approximate area of 38,095 square feet. The application explains that there is an 1,892 square foot, single -story single family residence on the site that was constructed in about 1966, and that to the rear of the residence, there is an approximately 867 square foot detached accessory building. This structure is described as having PA-T1-2020-00124 795 Jaquelyn Street/dds Page 1 previously been a 554 square foot, one -bedroom unit with an attached garage. The applicant notes that there is currently 931 square feet of structure under the roof, and that the existing structure has a concrete foundation in what was previously the living area while the garage portion has a dirt floor. The application further notes that the structure had a wood stove and electric baseboard heat, and that there is a living room, kitchen/dining area, bedroom and a bathroom. The applicant suggests that based on cabinetry and plumbing material in place, the structure has included living space as described since the 1960's or 1970's. The site is accessed via a gravel driveway near the south property line which extends toward the rear of the property and loops to the southwest of the primary residence. The application notes that there are a large number of trees on the property, with a diverse mixture of deciduous and conifer trees. The application emphasizes that the majority of the trees on the property will not be impacted by the proposal. The application goes on to explain that directly adjacent to the garage structure, there are three 14-inch diameter at breast height (dbh) and one 28- inch dbh Poplar trees, and that between the primary residence and the accessory building there is a group of trees that are proposed to be removed. This grouping is described as a tightly spaced group of five trees includes a 25-inch dbh Poplar tree, two Pine trees and two Douglas Fir trees. Jaquelyn Street in the vicinity of the subject property is a residential neighborhood street as classified in the city's Transportation System Plan (TSP). Under the city's Street Design Standards, neighborhood streets require 47 feet of right-of-way with a 22-foot curb -to -curb paved width, which allows for on -street parking on one side of the street. Neighborhood streets also require a five- to six-foot sidewalk and a five- to eight -foot landscaped park row planting strip with irrigated street trees spaced at one per 30 feet of property frontage. Jaquelyn Street in the vicinity of the subject property is presently unimproved, with a gravel surface along the frontage of the property. In its current state, there are no curbs, gutters, park row planting strips or sidewalks along the frontage of the property. The right-of-way along the subject property's frontage is only 23.5 feet wide, although it increases to the full 47-foot width immediately north and south of the property. With the constricted right-of-way width, the gravel driving surface of Jaquelyn Street extends onto the subject property. Flood Background Clay Creek, a local stream., is present along the rear property line with a Water Resource Protection Zone (WRPZ) extending 40 feet upland of the centerline of the stream. Clay Creek has a FEMA floodplain, and the application includes a FEMA "firmette" for the property showing the "AE" zone on the property as well as 500-year floodplain. Clay Creek also has an Ashland Modified Flood Protection Zone adopted separately by the City Council. The applicant notes that for both maps, more than 50 percent of the property's developable area is within a flood zone. In accordance with the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, Ashland is a participating member in the National Flood Insurance Program. (NFIP). Ashland has had a history of flooding with major floods in 1964,1974, and 1997. In 1989 Ashland chose to adopt a local flood zone. The purpose of adopting more stringent flood zones than the FEMA maps was to prevent flood losses based on local historical knowledge of flooding in the City of Ashland. The official map of the Clay Creek floodplain was based on local studies PA-T1-2020-00124 795 Jaquelyn 5treet/dds Page 2 involving analysis of historic flooding and determined flood elevations associated with the floodplain. Since Ashland adopted the modified floodplain there have continued to be floods that have brought damage to the city, most recently the 1997 flood. However, the expanded floodplain beyond the FEMA flood zone has significantly limited recent flood losses and significant damage. Physical & Environmental (P&E) Constraints Review/Floodplain Development Because the proposal involves development disturbance on floodplain corridor lands, it is subject to a Physical & Environmental (P&E) Constraints Review Permit for Floodplain Development. The first approval criterion for a P&E permit is that, "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 " The applicant asserts that the impacts of the proposal are minimal within the Ashland floodplain and will not have an adverse impact on the property or nearby properties. They emphasize that the structure will be in the same location it has occupied since 1966, but will be reconstructed in a manner which complies with the flood development standards, thereby reducing the hazards in the floodplain. With regard to the specific Development Standards for Floodplain Corridor Lands, the applicant notes: • There is no fill proposed to be brought onto the property in order to construct the ARU. The existing slab foundation will either be removed, or a new raised foundation will be built around it. It is also not anticipated that any fill for landscaping, driveway regrading or similar is necessary. ■ There is an identified flood elevation on the property is 2,075 feet above sea level per the adopted City of Ashland Modified Floodplain Corridor snap, while the base flood elevation on the property of per the FEMA firmette is 2,074 feet above sea level. The proposed structure is to be elevated to two feet above the Ashland Modified Flood elevation from the official maps with a finished floor elevation of 2,077 feet above sea level, and an Oregon licensed surveyor will certify the elevation of the lowest finished habitable floor prior to the issuance of a certificate of occupancy for the structure. • The majority of the property is currently within the floodplain corridor lands. The proposal is to construct a replacement structure in the same location as the existing structure that will be removed. The replacement structure will be constructed to the standards of the Floodplain Development ordinances in AMC 15.10 and from the FEMA technical bulletin regarding new construction in the floodplain. The applicant emphasizes that there is no evidence on or within the existing structure that it has been subject to any flooding (i.e. no watermarks, silt, mud, debris, damage, mold, mildew, etc.) or other evidence of flooding immediately adjacent to the structure, and that replacement in the same area, where there does not appear to have ever been flooding, supports a finding that the proposed reconstruction is within the area of shallowest flooding on the property. • The majority of the property is within the floodplain corridor lands. The total lot area is 38,095 square feet, and only 11,160 square feet is outside of the flood plain corridor lands while 26,935 square feet is within the floodplain. More than 70 percent of the property is within the floodplain corridor. This area includes the residence and the area between the residence and the front property line. Of the 11,160 square feet, approximately 2,300 square feet is future right-of-way for Jaquelyn Street that cannot be developed for residential purposes, which leaves only an 8,860 square foot area PA-TI-2020-00124 795 Jaquelyn Street/dds Page 3 outside of the floodplain and not encumbered by future right-of-way. • The proposed structure is more than 40-feet from Clay Creek and as such is outside the Water Resource Protection. Zone (WRPZ) and not subject to WRPZ regulations. ■ The proposal is to reconstruct the building as a residence. A small, cantilevered deck and stair are proposed on the creekside of the structure. This deck is proposed to be constructed to the level specified in AMC 19.3.10.080.0 and D, and the stair risers are proposed to be attached to a concrete pad and will have minimal impact on the flow of floodwaters. • No storage of hazardous chemicals (i.e. petroleum, pesticides, etc.) will occur within the floodplain corridor. • No changes to the fencing are proposed, and if any fences are added later, a separate fence permit would be obtained and they would be constructed in accordance with AMC 18.3.11.050.B. ■ Utilities are to extended from the primary residence to the ARU as this approach will have the least impact to the floodplain. The second criterion for the approval of a P&E permit is that, "That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development." The applicant explains that there is no historical evidence of flooding on the site in the form of sand or silt, or striations of water courses, and none of the vegetation on the site is indicative that flooding of the property has ever occurred. The applicant indicates that the reconstructed structure will have a finished floor elevation that is at least two feet above the "base flood elevation (BFE)" and the Ashland Modified Floodplain's floodplain elevation for the property. The applicant fin-ther notes that the reconstructed structure will also have venting that allows flood waters to flow through the structure, and all mechanical equipment is to be elevated above the flood elevations. The final criterion is, "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 ofthe surrounding area, and the maximum development permitted by this ordinance." The applicant explains that the new areas of disturbance within the floodplain are very minimal and are limited to the stair posts for a cantilevered 60 square foot porch/deck area. They emphasize that the stair posts represent less disturbance than allowed within floodplains, and are well below the threshold levels which would typically constitute development to require a P&E permit (i.e. 20-cubic yards excavation or fill, or 1,000 square feet of surface disturbance). The applicant further details that the existing structure is slab -on -grade construction and presents a floodwater barrier. As proposed, the ARU is to be constructed to current building code standards and FEMA requirements for the construction of flood resistant buildings which will reduce potential hazards. The applicant reiterates that there is no indication on the property that there have ever been floodwaters up to the structure, and further points out that there is no indication on or within the existing structure to suggest that it has ever been flooded. The applicant concludes that silt fencing will be provided on site during construction to protect the water resource protection zone and flood PA-T1-2020-00124 795 Jaquelyn street/dds Page 4 plan. In assessing the proposal, staff note that the existing structure is at least 46 feet, and in some areas 56 feet from Clay Creek, and is near the outer edge of FEMA's 100-year floodplain. The development standards require that, to the maximum extent feasible, structures be placed on other than Floodplain Corridor Lands and, in cases where development is permitted in the Floodplain Corridor, it shall be limited to that area which would have the shallowest flooding. For residential uses proposed for existing lots that have more than 50 percent of the lot in Corridor Land, structures may be located on that portion of the Floodplain Corridor that is two feet or less below the flood elevations on the official maps. The application materials show that the property clearly that more than fifty percent of the property here is within the floodplain. Based on city GIS data, the southeastern corner of the existing building is at 2,073 feet in the area where the flood elevation is 2,075. The northern wall of the existing building is at 2,071 where the flood elevation is 2,070, and as such the proposed location is two feet or less below the flood elevation on the official maps. The proposed building is residential in nature so it shall be elevated so that the lowest habitable floor shall be raised to one foot above the elevation contained in the official maps adopted pursuant to section 18.3.10.070 Official Maps. The adopted floodplain map of the Ashland Creek floodplain shows a flood elevation of 2,075 feet, and the applicant proposes to elevate the finished floor to 2,077 feet. A condition has been included below to require that the finished floor elevation of the reconstructed building be certified by a licensed surveyor to be at least 2,077 feet. Prior to construction the applicant is required to have a surveyor establish an elevation benchmark on site. Additionally, the applicant will be required to submit Flood Elevation Certificates at footing inspection, at framing inspection, and at the completion of construction confirming that the elevation of the finished floor will be constructed at the designated height. The development standards also require that decks, if constructed on Floodplain Corridor Lands at or below the base flood level, shall be flood -proofed to the standards contained in AMC 15.10. The applicant indicates that the 60 square foot cantilevered deck proposed will comply, and a condition of approval has been added below requiring that the proposed covered deck meet the standards of AMC 18.3.10.080.1, In staffs assessment, the reconstructed structure can be found to be in the area of shallowest flooding based on map analysis and the applicant's submittal materials, and in a location which has been occupied by a building in the same footprint for more than 50 years but which is to be reconstructed to meet current building codes and FEMA standards, with a finished floor to be verified by a licensed professional surveyor to be at least two feet above the base flood elevation. Accessory Residential Unit {ARUM The application proposes a single ARU for a total of two dwelling units on the subject property, and the ARU is proposed to have only 931 square feet of living area which does not exceed 50 percent of the 1,892 square foot gross habitable floor area of the primary residence. As proposed the site will continue to comply with the maximum 50 percent lot coverage of the underlying R-1 5 zoning district, and with the underlying setback requirements as well. The application includes solar calculations demonstrating compliance with solar access "Standard A." Oregon House Bill PA-T1-2020-00124 795 Jaquelyn street/dds Page 5 2001 prohibits cities with populations greater than 2,500 from mandating off-street parking for ARU's after January 1, 2020. Site Design Review The subject property zoned R-1-5, and the application demonstrates compliance with the applicable yard setbacks, solar setbacks and lot coverage limitations. The proposal is within the Performance Standards, Physical & Environmental Constraints and Water Resource Protections Zones (WRPZ) overlays. The application does not involve division of the property and as such does not trigger the Performance Standards Options chapter, and the building is located outside the WRPZ. However, the existing building to be reconstructed is located within the floodplain and requires a Physical and Environmental Constraints Review Permit, which is discussed in detail above. With regard to the applicable Site Development and Design Standards of part 18.4, the ARU is not within 20 feet of a street — Jaquelyn Street is roughly 158 feet to the east — and as such, the ARU is not required to be oriented to the street. The applicant further asserts that all water and sewer will be connected to existing services and a new electric service with meter provided, and that an engineered storm drainage plan will be provided with the building permit submittal detailing how storm water will be addressed through on -site detention. The applicant suggests that reconstruction of the existing small building to create an ARU does not create a logical nexus for dedication of the additional right-of-way (23.5 feet) necessary for standard frontage improvements along Jaquelyn Street. Staff has however included a condition requiring that the applicant sign in favor of a future Local Improvement District (LID) agreeing to participate proportionally in city standard improvements to Jaquelyn Street, should it ever be improved through an LID, as is required in AMC 18.4.6.030 whenever a new residential unit is created along a street that is not fully improved. Tree Removal Permits The application notes that there are a large number of trees on the property, with a healthy mix of deciduous and coniferous trees. The application emphasizes that the majority of the trees on the property will not be impacted by the proposal, and goes on to explain that directly adjacent to the existing garage structure, there are three 14-inch diameter at breast height (DBH) and one 28-inch DBH Poplar trees which are within inches of the structure with roots extending beneath the structure, and that between the primary residence and the accessory building there is a group of five trees that are proposed to be removed. This grouping is described as a tightly -spaced group of trees including a 25-inch DBH Poplar tree, two 12-inch DBH Ponderosa Pine trees and two Douglas Fir trees, one eight -inch DBH and one 12-inch DBH. Because the property is single family -zoned and more than twice the minimum lot size, the removal of significant trees requires Tree Removal Permits. Significant trees are defined as conifers having a trunk 18 caliper inches or larger DBH, and as deciduous trees having a trunk 12 caliper inches DBH. Here, the five Poplars qualify as significant and require Tree Removal Permits while the Pines and Firs are not large enough to meet the permit threshold. Mitigation trees are proposed to be planted for the five Poplars, but not for the conifers. The impacts of the removal of three or more trees over six -inches DBH in a five-year period is also considered in terms of the, P&E permit PA- T 1-2020-00124 795 Jaquelyn Streetldds Page 6 for floodplain corridor development. The application includes a Tree Protection Plan showing how the trees to be preserved will be protected with fencing in the form of six. -foot tall chain link fencing as required by ordinance, and the applicant asserts that the removal of the trees will not have any impact on erosion, soil stability, flow of surface waters or protection of adjacent trees, and that none of the trees proposed for removal is part of a windbreak. The applicant concludes that none of the trees are rare or specimen/heritage trees, and that the removals will not have any impact on tree densities as the subject property and the immediately adjacent neighborhood have significant numbers, densities; tree canopies and species diversity. The applicant concludes that the trees are also not within the Water Resource Protection Zone, and as such do not provide any direct benefits to the shading of the riparian corridor, and that the trees are immediately adjacent to existing structures and are not part of the otherwise largely undeveloped floodplain portions of the property. The Tree Commission was scheduled to review the request at its regular monthly meeting in October of 2020, but unfortunately did not have a quorum to convene the meeting and as such was unable to consider the request or provide advisory comments to staff. Comments Received Subsequent to the mailing of the Notice of Complete Application (NOCA), three neighbors provided written comments about the proposal. • Marian Spadone/2905 Diane Street expressed concern over the proposed eight tree removals and over at least three trees that have been previously removed. She noted that the "mini -forest" on the site is treasured by neighbors and provides habitat for "birds, bugs and small animals." She notes in particular the value of the two large conifers behind the existing home, but recognized the need to remove the smaller trees that would impede construction of the ARU. She concludes that the removal of eight trees will have a disproportionate impact on the surrounding neighborhood, and that these trees provide for soil stability and act as a carbon sink to mitigate climate change. ■ Dennis and Paulette Melleeker/2909 Diane Street provided a copy of a recorded Declaration of Restrictions and Covenants between the subject property and the properties at 825 Jaquelyn and 2909 Diane which requires notice prior to the removal of any of the 12 trees along the south property line of the subject property that were in place when the declaration was signed, and requires mitigation if trees are removed. The Melleckers also provided a copy of a signed but not recorded conservation easement relating to the same group of trees along the south property line, and explained that these documents were created to settle prior litigation. The Mellecker comments conclude that an Ash tree protected by the agreement was removed in 2017 without subsequent mitigation, and seeks assurance that none of the other trees protected in these documents is to be removed here. ■ Kyle and Meg Wright/782 Jaquelyn Street who live across the street noted their appreciation for the work being done to improve the property, but expressed concern with the constricted right-of-way width along the frontage, noting that when construction vehicles parked along the frontage it blocked their driveway and expressed their hope that this would not be repeated with future construction. PA-TI-2020-00124 795 Jaquelyn street/dds Page 7 In response to these comments, the applicant provided written rebuttal comments. Staff would also note that three trees were approved for removal in 2013 (PA-2013-00641) including a 20-inch Sycamore, a 13-inch Oregon Ash along the south property line, and a 33-inch Oak along the north property line. In 2017, there are notes in the file that the applicant was told that removal of an Ash on the south property line was exempt from permitting requirements. And in 2018, PA-2018- 00004 was approved to allow the removal of a 20-inch Sycamore which had lost a large portion of its upper canopy and no longer had a viable structure. It is staff s understanding that the stumps currently placed near the street frontage are from these prior permitted removals. With regard to the Melleckers' comments, the agreement and easement provided are private civil agreements which cannot be enforced by the city, and the previously removed Ash tree seems to have been exempt from permitting requirements in place at the time and thus not subject to mitigation requirements. The current request does not appear to involve trees affected by the declaration or the associated casement. With regard to the Wright's comments, the existing right-of-way immediately in front of the subject property has a width of 23.5 feet and would not accommodate parking within the right -of- way. A condition has been included to make clear that no on -street parking is allowed within the right-of-way. Approval Criteria The criteria for Site Review approval are described in AMC Chapter 18.5.2.050 as follows: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or PA-T1-2020-00124 795 Jaquelyn Street/dds Page 8 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. The criteria for approval of an Accessory Residential Unit (ARU) within an R-1 zone are detailed in AMC Chapter 18.2.3.040.13 as follows; R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements. 1. One accessory residential unit is allowed per lot, and the maximum number of dwelling units shall not exceed two per lot. 2. Accessory residential units are not subject to the density or minimum lot area requirements of the zone. 3. The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA 4. The proposal shall conform to the overall maximum lot coverage and setback requirements of the underlying zone. 5. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3.080, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 1 and 2 of 18.4.3.080.D and paving requirements in subsection 18.4.3,080.E,1. The approval criteria for a Physical & Environmental (P&E) 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 approval criteria for a Tree Removal Permit are detailed in AMC 18.5.7.040.B as follows: PA-T1-2020-00124 795 Jaquelyn StreeUdds Page 9 A. Hazard Tree. A Hazard Tree Removal Permit 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. 1. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. 2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. 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. 1. 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 18A and Physical and Environmental Constraints in part 18.10. 2. 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. 3. 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. 4. 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. 5. 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. Decision The applicant has submitted a narrative explaining how their application meets the relevant criteria, and if staff's assessment the proposal, with the conditions of approval listed below, meets the requirements of the Physical and Environmental Constraints chapter for Floodplain Development and the relevant approval criteria and design standards for a Site Design Review Permit for an Accessory Residential Unit. Planning Action T1-2020-00124 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 T1-2020-00124 is denied. The following are the conditions of approval: PA-T1-2020-00124 795 .laquelyn Streetldds Page 10 1} That all proposals of the applicant shall be conditions of approval unless otherwise modified here, including but not limited to that no fill beyond the building materials necessary to reconstruct the existing building shall be brought onto the site. 2) That all necessary building permits for the accessory residential unit (ARU) shall be obtained, and associated fees and charges including applicable system development charges relating to the ARU for water, sewer, storm water, parks, and transportation, and utility connections fees for the new electrical service installation, shall be paid prior to the issuance of a building permit. 3) That the plans submitted for the building permit shall be in conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify this approval would need to be submitted and approved prior to issuance of a building permit. Building permit submittals shall include: a) Identification of all easements, including public and private utility easements, mutual access easements, public pedestrian access easements, and fire apparatus access easements. b) Lot coverage calculations including all building footprints, driveways, parking, and circulation areas shall be provided with the Building Permit. Lot coverage shall be limited to no more than 50 percent as required in the R-1-5 zoning district. e) The site plan shall demonstrate that a four -foot pedestrian path be provided from the proposed ARU out to Jaquelyn Street to enable pedestrian access to a mail box, the Jaquelyn Street corridor and/or placement of trash cans along the street. d) Final solar setback calculations demonstrating that all new construction complies with Solar Setback Standard A in the formula [(Height — 6)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and the height(s) from natural grade. e) That a General Fuel Modification Area fuel reduction plan addressing the requirements in AMC 18.3. 10.100. B shall be provided prior to bringing combustible materials onto the property, and any new landscaping proposed shall comply with these standards and not include plants listed on the Prohibited Flammable Plant List per Resolution 2018- 028. f) That the requirements of the Fire Department shall be satisfactorily addressed including but not limited to approved addressing, access, fire flow, hydrant distance and clearance, fire sprinklers if necessary, and addressing wildfire hazard area requirements including vegetation management and work restrictions during fire season. g) That storm water from all new impervious surfaces and runoff associated with peak rainfalls must be collected on site and channeled to the City storm water collection system (i.e., curb gutter at public street, public storm pipe or public drainage way) or through an approved alternative in accordance with Ashland Building Division policy BD-PP-0029. On -site collection systems shall be detailed on the building permit submittals. h) That a final Tree Protection Plan consistent with the standards described in 18.4.5 be submitted for review and approval by the Staff Advisor prior to the issuance of a building permit. The plan shall identify the location and placement of fencing around the drip lines of trees identified for preservation. The amount of fill and grading within PA-T-2020-00I24 795 Jacquelyn Street/dds Page I l the drip line shall be minimized. Cuts within the drip line shall be noted on the tree protection plan, and shall be executed by handsaw and kept to a minimum.. No fill shall be placed around the trunk/crown root. Tree protection fencing shall be installed according to the approved plan prior to any site work, storage of materials or issuance of the building permit. The tree protection fencing, and on -site identification of trees to be removed, shall be inspected and approved by the Staff Advisor prior to site work, storage of materials and/or the issuance of a building permit. The Tree Protection Plan shall also identify the placement of silt fencing to be installed along the Water Resource Protection Zone boundary (40 feet upland of the centerline of Clay Creek) in the vicinity of the proposed construction to prevent disturbance within the WRPZ. i) An elevation benchmark for the purposes of confirming all elevations during construction shall be installed on the property by a licensed surveyor. j) That the construction drawings clearly indicate that the finished floor elevation of the proposed building shall be built to an elevation of 2,077 feet. k) If the structure is built with stem walls then the construction drawings shall indicate that there is the required venting to allow the equalization of hydrostatic forces, and conforming to all relevant standards of AMC 15.10. 1) The deck, if constructed at or below the base flood level, shall be flood -proofed to the standards contained in AMC 15.10. m) That exterior building materials and paint colors shall be compatible with the surrounding area, and sample exterior building colors shall be provided with the building permit submittals for review and approval of the Staff Advisor. 4) That, prior to the issuance of a building pertnit, the property owner shall sign in favor of a Local Improvement District (LID) agree to participate proportionally in the cost of future street improvements of Taquelyn Street, including paving, gutters/storm drainage, curb, parkrow with irrigated street trees, sidewalks, and the undergrounding of utilities if an LID is ever formed. 5) That at the building footing inspection a Flood Elevation Certificate (FEC), prepared by a licensed surveyor, be filed showing that the final finished elevation will be in accordance with the approved building plans. 6) That no basement shall be allowed in the floodplain. 7) The no storage of hazardous chemicals shall be allowed in the proposed building. 8) That no new fencing is permitted or approved with this planning approval. Any new fencing on the subject property shall obtain a fence permit from the City of Ashland in accordance with AMC 18.4.4.060 and any proposed fencing shall meet the fence requirements of AMC 184.4.060 and 18.3.10.080_K. 9) That no parking is allowed within the Jaquelyn Street right-of-way. 10) That prior to the issuance of a certificate of occupancy: a) That a separate underground electric service and meter for the Accessory Residential Unit shall be installed in accordance with Ashland Electric Department requirements. b) That a separate address for the Accessory Residential Unit shall be applied for PA-TI 2020-00124 795 7aquelyn StreeUdds Page 12 approved by the City of Ashland Engineering Division. Addressing shall meet the requirements of the Ashland Fire Department and be visible from the Public Right - of -Way. c) That all exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties. d) The recycling and refuse disposal area requirements of AMC 1.8.4.4.040 shall be address on site, including provisions for an opportunity to recycle site of equal or greater size than the solid waste receptacle. e) That five mitigation trees shall be identified in the building permit submittals and planted on site prior to the issuance of a certificate of occupancy as proposed by the applicant. f) The final construction Flood Elevation Certificate (FEC), prepared by a licensed surveyor including both the finished floor elevation of the new building at least 2,077 feet. Bill Molnar, Director Community Development Department November 16, 2020 Date PA-T I-2020-00124 795 7aquelyn Streetldds Page 13 CITY OF -ASHLAND November 18, 2020 Notice of Final Decision On November 18, 2020, the Community Development Director approved the request for the following: Planning Action: PA-T1-2020-00124 Subject Property: 795 Jaquelyn Street Applicant: Rogue Planning & Development Services LLC Description: A request for Site Design Review and Physical & Environmental Constraints Review permit approvals for floodplain development for the property located at 795 Jaquelyn Street. The application proposal would replace the existing 931 square foot garage/shop with a 931 square foot accessory residential unit (ARU) in the same location. The structure's finished floor elevation is proposed to be raised two feet above the base flood elevation. The application also includes a request for a Tree Removal Permit to remove eight trees located within the floodplain. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5-P; ASSESSOR'S MAP: 39 1E 14BC; TAX LOT: 1900 The Community Development Director's decision becomes final and is effective on the 126 day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Derek Severson in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 ftburn Way Fax: 541-552-2050 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 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the. Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures, pursuant to section 18.5.1.060, subsections A -W- E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735 2900 www.ashland.orms 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 November 18, 2020 l 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 mailling list at such addresses as set forth on this list under each person's name for Planning Action #PA-T11-2020- 00124, 795 Jaquelyn Street. Signature of Employee C:VUse,rslsmi9hde,AFNhiEIDesktapAFFIIDAVtlT OF MAIL ING.docx 'H 11812.020 PA-T1-2020-00124 391 E14BC2102 PA-T1-2020-00124 391 E14BC1800 PA-T1-2020-00124 391 E14BC2500 BERLIN ALAN S TRUSTEE ET AL BOHN LARRY ALANIMARGARET ELLA BREWER FAMILY REVOCABLE TRUST 2795 DIANE ST 858 CLAY ST 2804 DIANE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00124 391E 14BC1200 CHURCH T BI LUCINDA HARDY 824 CLAY ST ASHLAND, OR 97520 PA-T1-2020-00124 391 E 14BD4601 DOTY DOUGLAS PIDEBORAH A 38294 ROAD G MANGOS, CO 81328 PA-T1-2020-00124 391 E14BC 1600 ERA KIMBERLY AVELYN TRUSTEE E 842 CLAY ST ASHLAND, OR 97520 PA-T1-2020-00124 391 E 14BC 1200 HARDY LUCINDA 824 CLAY ST ASHLAND, OR 97520 PA-T1-2020-00124 391E14BC2103 KNEZ MARIJANA 2785 DIANE ST ASHLAND, OR 97520 PA-T1-2020-00124 391 E1413C1900 LIVNI GIL TRUSTEE ET AL 453 TUCKER ST ASHLAND, OR 97520 PA-T1-2020-00124 391E14BD3800 MCGRADY MARKIPAVLINA 2939 DIANE ST ASHLAND, OR 97520 PA-T1-2020-00124 391E14BC2000 MELLECKER DENNIS L/PAULETTE M 2909 DIANE ST ASHLAND, OR 97520 PA-T1-2020-00124 391El413C1500 CINNAMON SALLY 852 CLAY ST ASHLAND, OR 97520 PA-T1-2020-00124 391E14BD4604 EATON JASONIKELLY PO BOX 3205 ASHLAND, OR 97520 PA-T1-2020-00124 391 E14BC2800 GORDON DONALD A/GORDON JUSTIN 583 PRIM ST ASHLAND, OR 97520 PA-T1-2020-00124 391 E14BD4500 KALNAY TOMOE/PETER A 688 N 7TH ST #322 SAN JOSE, CA 95112 PA-T1-2020-00124 391E 14BC1400 KUWABARA MASANORIINORIKO 783 JAQUELYN ST ASHLAND, OR 97520 PA-T1-2020-00124 391 E14BC1300 MARIE CLAIRE 777 JAQUELYN ST ASHLAND, OR 97520 PA-T1-2020-00124 391 E14BC1601 MCKEEVER JOSEPH D TRUSTEE 848 CLAY ST ASHLAND, OR 97520 PA-T1-2020-00124 391E14BC2109 MICHELSEN MARY-KAY TRUSTEE 2810 DIANE ST ASHLAND, OR 97520 PA-T1-2020-00124 391 El4BD3400 COOK GEORGE F TRUSTEE ET AL 2928 DIANE ST ASHLAND, OR 97520 PA-T1-2020-00124 391 E 14BD4602 ECK REVOCABLE TRUST ET AL 772 JAQUELYN ST ASHLAND, OR 97520 PA-T1-2020-00124 391 E14BD4706 GROSHONG J SCOTT/GROSHONG DEB 2920 NOVA DR ASHLAND, OR 97520 PA-T1-2020-00124 391E14BD3700 KAPROS GEORGE L TRUSTEE ET AL 2929 DIANE ST ASHLAND, OR 97520 PA-T1-2020-00124 391 E14BC2900 LAWRENCE-FORREST LORI L 865 JAQUELYN ST ASHLAND, OR 97520 PA-T1-2020-00124 391 E14BD3500 MC NICHOL K JIHUMPHREY M C 2920 DIANE ST ASHLAND, OR 97520 PA-T1-2020-00124 391 E14BD4707 MEDEIROS LIZ W TRUSTEE ET AL 2930 NOVA DR ASHLAND, OR 97520 PA-T1-2020-00124 391 El 4BC21 00 MIDDLETON BARBARA A TRUSTEE E 2815 DIANE ST ASHLAND, OR 97520 PA-T1-2020-00124 391E148D4508 PA-T1-2020-00124 391E14BD4511 PA-T1-2020-00124 391E14BD4603 MURPHY THOMAS V TRUSTEE ET AL QUIRK DIANA CHRISTINE TRUSTEE SONGY MELVIN J ET AL 755 CAPELLA CIR 799 CAPELLA CIR 796 JAQUELYN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00124391E14BC2111 PA-T1-2020-00124391E14BC2104 PA-T1-2020-00124391E14BD3600 SPADONE MARIAN N ET AL TEODORESCU GABRIELA ADRIANA WEST BECKY JEAN 2805 DIANE ST 2775 DIANE ST 2919 DIANE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00124 391E14BD4600 WRIGHT KYLE L/MARGARET L. 782 JAQUELYN ST ASHLAND, OR 97520 PA-T1-2020-00124 ROGUE PLAN NINGIDEVELOPMENT AMY GUNTER 33 N CENTRAL AVE STE 213 MEDFORD, OR 97501 11 /18/2020 795 Jaquelyn NOD 35 Planning Department, 51 Winbu,., vVay, Ashland, Oregon 97520 C I T Y 0 F pr, 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAND PLANNING ACTION: PA-T1-2020-00124 SUBJECT PROPERTY: 795 Jaquelyn Street OWNER/APPLICANT: Livni Family Trust/Rogue Planning & Development Services LLC DESCRIPTION: A request for Site Design Review and Physical & Environmental Constraints Review permit approvals for floodplain development for the property located at 795 Jaquelyn Street, The application proposal would replace the existing 931 square foot garage/shop with a 931 square foot accessory residential unit (ARU) in the same location. The structure's finished floor elevation is proposed to be raised two feet above the base flood elevation, The application also includes a request for a Tree Removal Permit to remove eight trees located within the floodplain. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential', ZONING: R-1-5-P, ASSESSOR'S MAP #: 391 E 1413C; TAX LOT: 1900 NOTE: The Ashland Tree Commission will review this Planning Action at an electronic public hearing on Thursday, October 8, 2020 at 6:00 PR See page 2 of this notice for information about participating in the electronic public hearing, I LIM 1101:96100) 111111 41:9A 11 IrIC'10W In all Ij q I k, 1:1 191-a-*111 -.11TI I OVER ActionskPAs by SiTeeNa �JqICtyllV3qLlClyn.,795\PA-1"1-2020-00124i'5AT� NoliciiigVaquelyii_79_P--2020-00124 NOC.dccx (; Tree Commission Meeting Notice ishereby given that the Tree Comm. jionwill hold emelectronic public hearing dheabove described planning action mn the meeting date and time shown onPage 1. 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 If the applicant wishes to provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public- testimony@ashland.or. us with the subject line "Advisory Commission Hearing Testimony"bv18:OOe.m.onTuesday, October B. 2020. Written testimony received by these deadlines will be available for Tree Commissioners toreview before the hearing and will beincluded inthe meeting minutes. If you wish to virtually attend! or listen to the Tree Commission meeting, send an email to PC-public- testimony@ashland.or.us by |norder tovirtually attend mrlisten tothe commission mee±ing, please pmovidethe fmlUovvimg information: 1) make the subject line mfthe email ^Adv�oory Commission Participant Request", 2) include your name, 3) specify the date and commission meeting you wish to v�rtually attend or listen to, 4) specify if you wlll be parflicipating by computer or telephone, and 5) the name you will use if participating by computer or the telephone number YOU Will use ifparticipating bytelephone. Please note, participants that sign up to virtually attend or listen to a commission meeting will not beallowed tospeak during the meeting. In momp|ianomvvfth the American with Disabilities, Act, if YOU need special aaeiabamoe to participate in th�s mesting, please contact the C�tyAdm�mimtnator'soffice atG41-488-6UQ2(TTYphone number 1-8DO-735-29O8) Notification 72hours prior tothe meeting will enable the City to make reasonabUe arrangements to ensure accessibility to the meeting, (28 CFR 35.102.-35.104 ADA Title 1). The Ashland P�anningDivision Staff has received a complete application for the property noted onPage 1 ufthis notice. Because ofthe COV|D-19pandemic, app|iomfionmaterials are provided online and comments will beaccepted bvemail. A|ternatUve arrangements for reviewing the applicabon or Submitting comments can be made by contacting (541) 488-5305 or . Acopy ofthe application, including all documents, evidence and applicable oritedeare available onNne at "What's Happening inmyCity" at . Copies cf application materials will beprovided 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 Bui|dinB, 51 V0nburn\&ay. via a pre-arnan0ed appointment bycalling (541)48D-53O5ore[nai|iN0 Any affected property owner or resident has e right to submit written comments to or to the City of Ashland Planning D�visjon, 51 Winburn Way, Ashland, Oregon 97520 prior to 4�30 p.m. on the deadline date shown on Page Ashland Planning Division Staff determine if a Land Use application is, complete within 30 days of submittal. Upon determination o� completeness, a notice is sent to surrounding properties within 200 feet of the property submitting appUication which allows fora 14 day comment period. After the comment perlod and not more than 45 days from the application being deemed complete, the Planning Division Staff shafl make a final decision on the application. A notice of decision is mailed to the same properties within 5 days nfdecision. Amappeal tothe P|mmn�mg Commission ofthe Planning Division StoO"mdeciaion must be made in wrffing to the Ashland Planning Division within 12 days from the date of the maHing of finial decision, (AMC The ordinance criteria applicable to this application are attached to this modma. Oregon law states that failure to raise an objection oomoonnimO this app|�caton, by letter, or failure to provide sufficient specificity to afford the decision maker on opportunity to respond to the issue, precludes your right mfappeal to the Land Use Board of Appeals (LUB/\) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that uriterlom. Failure of the appHoamtto 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 oonmamnim8 this request please feel free to contact Derek Severson at 541-552-2040 o/ SITE DESIGN AND USE STANDARDS 18.52050 The following criteria shall be used to approve or deny an application: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18,2), including but not limited to: building and yard setbacks. lot area and dimensions, density and floor area, lot uovemge, building heiyht, building ohemtmtion, architecture, and other mpp|iomb|o standards. B. 0wer|aXZmmes:TMeprnpoaa|oumphoowithappWcob|eover|ayzonemqm|nmments(part18.3), C. Site Development and Bmo|gn Standards. The proposal complies with the applicable Siite Development and Design Standards of part 18A. except as provided by subsection E. below. D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity ufCity facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E EXcmpAiom to the Site Qevelopmeutmmd Des/gm Standards: The approval authority may approve exceptions to the Site Development and Design Standards nfpart 18.4ifthe circumstances ineither subsection 1 ur2.below, are found ivexist. 1. There isademonstrable difficulty meeting the specific requirements ofthe Site Development and Design Stondardsdue tomunique nrunuwualaemmn ofanexisting structure orthe proposed use nfesite; and approval ofthe exception will not substantially negatively impact adjacent pmportinm�and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would a||evlatethe dkffiou|ty.;or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result inmdesign that equally nrbetter achieves the stated purpose nfthe Site Development and Design Standards. ACCESSORY RESIDENTIAL UNITS 1821040 Accessory residential units are subject to Site Design Review Linder chapter 18.5�except as exempted insubsection 182l��A, below. 4' Exemptions. Accessory residential units are permitted outdght with an approved building permit, and are allowed without a Site Design Review under chapter 18.5,2provided that the accessory residential unit meets all ofthe following requirements. 1, The accessory residential unit is located in the R-1, R-1-3.5, RR, NN and NIVI zones. Accessory residential units in the R-2 and R-3 zones require Site Design Review under chapter 18.5.2 and are not permitted outright under this subsection. 2' The accessory residential unit meets all of the requirements of the applicable zone in subsections 18.23.040.13, C, E and F, below, except as otherwise exempted imsubsection 182.3.040.A. 1 The size of the accessory residential unit is less than 500 square feet of gross habitable floor area (GHFA). 4� The accessory residential unit ioattached bo the primary residence or within an existing primary residence. Accessory residential units located in the Historic District overlay and including exterior building changes that require a building permit, and accessory residential units located iudetached structures (i,e,, not attached to the primary residence) require Site Design Review under chapter 18.5.2 and are riot permitted outright under this subsection, 5 The property must have two off-street parking spaces, except that parking spaces, tum-amumds.and driveways are exempt from the requirements in subsections Iand ZoY18.4.3.U8U.Dand paving requirements insubsection 18.4.3.U8O.E1, G. Additional off-street parking is not required for the accessory residential unit if on -street parking is permitted within 200 feet of the property. Alternatively, one, off-street parking space may be provided on the property in conformance with the off-street parking provisions for accessory residential units insection 184.3,080. B. R-1Zone. Accessory residential units iothe R-1 zone shall meet the following requirements. 1� One accessory residential unit iaallowed per lot, and the maximum number ofdwelling units shall not exceed two per lot. 2. Accessory residential units are not subject tmthe density orminimum lot area requirements ofthe zone, 1 The maximum gross habitable floor area (GHFA)mfthe accessory residential unit shall not exceed 50percent ofthe GHFAofthe primary residence nnthe lot, and shall not exceed 1,G0Osquare feet GHFA. 4. The proposal shall conform to the overall maximum lot coverage and setback requirements of the underlying zone. 5. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3,080, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections I and 2of184,3,O8O.Oand_pavingrequirements in auboection18A3]0KE.1. C. RR Zone. In addition to the standards in subsection 1823.040.13, accessory residential units in the RR zone shall meet the following requirements. 1. No on -street parking credits shall be allowed for accessory residential units, 2. If located in the Wildfire zone, the accessory residential unit shall have a residential sprinkler system installed. D. R-2 and R-3 Zones, Accessory residential units in the R-2 and R-3 zones shall meet the standards in subsection 182.3.04O.B,except that the maximum gross habitable floor area (GHFA)nf the accessory residential structure shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 50Vsquare feet GHFA. E. NNZmmmm. Accessory residential units in the Normal Neighborhood District under chapter 1 &3.4 shall meet the standards in subsection 18.2.3.040.B. F. NIVI Zones, Accessory residential units |nthe ^ \ Mountain Neighborhood NMzones under ohapt( 3.Sshall meet the standards in subsection 182.3.840.13,exuep thadthammximugnQmon.._^tablmfloormmo(GHFA)nfthemoneoaog/residenb6,^ndmuntnotnxuead75Vyquamfee GHFA and that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA, PHYSICAL & ENVIRONMENTAL CONSTRAINTS Anapplication for aPhysical Constraints Review Permit is subject hathe Type | procedure iusection 1&5.1,OG8and shall buapproved Jthe proposal meets all nfthe 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 bythe 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 bythis ordinance. TREE REMOVAL PERMIT 18.5.7.0403 f��t-�dlTi,e�AHe��T�eRemo�|Pn�hoh�|begmn�� ��� the approval vao�o�vhndsNat�application anm*o{�e foUm�0��am r000n bmmo�gt000nfonmthrough the imposition nfoondihnna, a. The applicant must demonstrate thetthecondiUnnvrbcationoftheh*epneommtso6oarpub|iooefetyhezand(io.[ike|ytobd|andinjuvapemuouur property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated bytreatment, relocation, orpruning. See definition ofhazard tree inpart 18.G, b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shail bwmcondition nfapproval nYthe permit, 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 isproposed for removal imorder topermit the application to be consistent with other applicable Land Use Ordinance requirements and stendards, including but not limited to applicable Site Development and Design Standards in part 18,4 and Physical and Environmental Constraints inpart 10.10, 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. o. 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 reas,onable alternative exists toallow the property fobeused oapermitted inthe zone. d, Nothing ln this section shall require that the residential density to be reduced below the permitted density o||mmed 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 ahaUrequire the applicant bomitigate for the removal ofeach tree granted approval Pursuant 0nsection 18.5IO50Such mitigation requirements shall beocondition ofapproval ufthe permit, ^*ionsTaby / u+_Numocx 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 September 30, 20201 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-TI-2020-00124, 795 Jaquelyn Street. Sidnature of Em:ploybe C�IUserstsmithdaAPNHlE1D"ktopLAFFIDAVOF MjVLING,docx 9130020 PA-T1-2020-00124391E14BC2102 PA-T1-2020-00124391E14BC1800 PA-T1-2020-00124391E14BC2500 BERLIN ALAN S TRUSTEE ET AL BOHN LARRY ALANIMARGARET E BREWER FAMILY REV TRUST 2795 DIANE ST 858 CLAY ST 2804 DIANE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00124 391E14BC1200 PA-T1-2020-00124 391 E14BC1500 PA-T1-2020-00124 391E14BD3400 CHURCH T B/ LUCINDA HARDY CINNAMON SALLY COOK GEORGE F TRUSTEE ET AL 824 CLAY ST 852 CLAY ST 2928 DIANE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00124 391E14BD4601 PA-T1-2020-00124 39IE14BD4604 PA-T1-2020-00124 391E14BD4602 DOTY DOUGLAS PIDEBORAH A EATON JASONIKELLY ECK REVOCABLE TRUST ET AL 38294 ROAD G PO BOX 3205 772 JAQUELYN ST MANGOS, CO 81328 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00124 391E14BC1600 PA-T1-2020-00124 391E14BC2800 PA-T1-2020-00124 391E14BD4706 ERA KIMBERLY AVELYN TRUSTEE E GORDON DONALD AIGORDON JUSTIN GROSHONG J SIGROSHONG DEB 842 CLAY ST 583 PRIM ST 2920 NOVA DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00124 391E14BC1200 PA-T1-2020-00124 391E14BD4500 PA-T1-2020-00124 391 E14BD3700 HARDY LUCINDA KALNAY TOMOEIPETER A KAPROS GEORGE L TTEE ET AL 824 CLAY ST 688 N 7TH ST #322 2929 DIANE ST ASHLAND, OR 97520 SAN JOSE, CA 95112 ASHLAND, OR 97520 PA-T1-2020-00124 391 E14BC2103 PA-T1-2020-00124 391 E14BC1400 PA-T1-2020-00124 391 E14BC2900 KNEZ MARIJANA KUWABARA MASANORIINORIKO LAWRE NCE- FORREST LORI L 2785 DIANE ST 783 JAQUELYN ST 865 JAQUELYN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00124391E14BC1900 PA-T1-2020-00124391E146C1300 PA-T1-2020-00124391E14BD3500 LIVNI GIL TRUSTEE ET AL MARIE CLAIRE MC NICHOL K JIHUMPHREY M C 453 TUCKER ST 777 JAQUELYN ST 2920 DIANE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00124 391E14BD3800 PA-T1-2020-00124 391E14BC1601 PA-T1-2020-00124 391E14BD4707 MCGRADY MARKIPAVLINA MCKEEVER JOSEPH D TRUSTEE MEDEIROS LIZ W TRUSTEE ET AL 2939 DIANE ST 848 CLAY ST 2930 NOVA DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00124 391E14BC2000 PA-T1-2020-00124 391E14BC2109 PA-T 1 -2020-00124 391E14BC2100 MELLECKER DENNIS L/PAULETTE M MICHELSEN MARY-KAY TRUSTEE MIDDLETON BARBARA A TTEE 2909 DIANE ST 2810 DIANE ST 2815 DIANE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00124 391 E14BD4508 PA-T1-2020-00124 391 E14BD4511 PA-T1-2020-00124 391 E14BD4603 MURPHY THOMAS V TTEE ET AL QUIRK DIANA CHRISTINE TRUSTEE SONGY MELVIN J ET AL 755 CAPELLA CIR 799 CAPELLA CIR 796 JAQUELYN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00124 391 E14BC2111 PA-T1-2020-00124 391 E14BC2104 PA-T1-2020-00124 391 E14BD3600 SPADONE MARIAN N ET AL TEODORESCU GABRIELA ADRIANA WEST BECKY JEAN 2805 DIANE ST 2775 DIANE ST 2919 DIANE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00124 391 E14BD4600 WRIGHT KYLE LIMARGARET L 782 JAQUELYN ST ASHLAND, OR 97520 PA-T1-2020-00124 ROGUE PLANNINGIDEVELOPMENT AMY GUNTER 33 N CENTRAL AVE STE 213 MEDFORD, OR 97501 09/30/2020 795 Jaquefyn NOC 35 Planning Division ZONING PERMIT APPLICATION lni& 51 Winburn ay, Ashland OR 97520 CITY OF W541-488-5305 Fax 541-488-6006 FILE 4 VR_T�' MQJON­�'l ASHLAND DESCRIPTION OF PROJECT Pursuing LEEDO Certification? R YES EZ NO Street Address 795 Jaquelyn Street Assessor's Map No. 391 E 14BC Tax Lot(s) 1900 Zoning K- Comp Plan Designation -, Single Family Residential APPLICANT Rogue Planning & Development Services LLC Name Phone 541-951-4020 E-Mail amygunter.pla n n ing@g maiI.com Address 33 N Central Avenue, Suite 213 —city Medford _ zip 97501 PROPERTY OWNER Name Livni Family Trust - Gil Livni TrusteePhone 503-9113-51 10E-Mail helmansprings@gmail.com Address 453 Tucker SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Name Address Title Name Address — City Ashland Phone E-Mail . ....... . city am City E-Mail Zip 97520 — Zip — Zip— i hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. 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 rehance thereon being required to g be removed at my expense, If I have any doubts, I am advised to seek competent professional advice and assistance. graf Y ,, &', "a J� 09116/2020 'fi .............. -2 JIM21­1.z Applicant's Signatu(4 Date As owner of the property involved in this request, I have read and understood the complete application and its goRsequences to me as a property,, owner. 771-r­ 9ti /15/20 Property Owner's Signature (required) Date [To be completed by City Sldq Date Received-41 -,01-0 . Zoning Permit Typehal Filing Fee$ it %0_. OVER 00 & Ha do ntS\Zo.1inL Pei rnit Application doe V APPLICATION FORM must be completed and signed by both applicant and property owner., ,FA 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 1 1"xl 7"'. Include site plan, building elevations, parking and landscape details. (Optional — 1 additional large set of plans, 2'x3', to use in meetings) FEE (Check, Charge or Cash) Fi 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 LEEDO Accredited Professional as pail of the project team throughout design and construction of the project; and ® The LEED@ checklist Indicating the credits that will be pursued, RM • 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, • Ali 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. & Handouts4Zaiiing Permit Applkation.doc Z.arung Permit Apphcafioii Final Audit Report 2020-09-16 Created; 2020-09-16 By: Amy Gunter (amygunter.planning@gmail,com) Status: Signed Transaction ID: CBJCHBCAABAAhT-NjlfKZobUsA8xN—MRXB6CAxEdQXhF g 4=1 I ron tow 1 =� L Document created by Amy Gunter (amygunter.planning@gmall.com) 2020-09-16 - 10:56:36 PM GMT- I P address: 96,39.164.6 Document emailed to gil livni (helmansprings,@gmail.com) for signature 2020-09-16 - 10:57:09 PM GMT Email viewed by gH livni (heimansprings@gmail.coni) 2020-09-16 -11:35:31 PM GMT- IP address: 66.249.84.73 Document e-signed by gil livni (helimansprings@gmail.com) Signature Date: 2020-09-16 - 11:36:04 PM GMT - Time Source: server- P address: 68.185.3-57 Agreement completed. 2020-09-16 - 11:36:04 PM GMT iy E Ift 1qW ROGUE PLANNING B DEVELOPMENT SERVICES, LLC September 16, 20�20 Site Review and: Physical and Environmental Constraints Review for Development within the City of Ashland Flood Protection Zone Tree removal permit to remove eight trees in the floodplain qrn� Address: 795 Jacquelyn Street Map & Tax Lot: 39 1E 14BC�; 1900 Comprehensive Plan Designation: Single Family Residential Zoning: R-1-5 Adjacent Zones: R-1-5 Lot Area: 38,095 square feet Overlays: Performance Standards Overlay Physical and Environmental Constraints Floodplain Development Water Resource Protection Zone Property Owner: Livni Investment Company, LLC 453 Tucker Street Ashland, OR 97520 Planning Consultant: Rogue Planning & Development Services, LLC 33 N Central Avenue; Suite 213 Medford, OR 97501 Request: The request for site review to replace the existing heated garage/shop with living area Structure with a 931 square foot accessory residential dwelling. The existing structure is within the FEMA floodplain and the city of Ashland Flood Protection Zone. The proposed Accessory Residential Unit would replace the structure within the same roof footprint area. The request includes the removal of eight trees. I �Aft 1W ROGUE PLANNING 6 9EVELOPMINT SERVIEES, LLE Property Description: The subject property is on the west side of Jaquelyn Street to the north of the intersection of Jaquelyn Street and Diane Street, The property is zoned single family residential, R-1-5, and is in the Performance Standards Overlay. The property has 164.06 feet of frontage along Jaquelyn Street. The property extends an average of 236.89 feet to the west. The site is approximately, 38,095 square feet. Clay Creek, a local stream is present along the rear property line. Clay Creek has a FEMA floodplain. The FEMA Firmette for the property is attached. There is AE zone on the property, and 500-year floodplain. Clay Creek also has the Ashland Modified Flood Protection Zone. Both these flood zones cover more than 50 percent of the property's developable area. There is an 1,892 square foot, single -story, single family residence on the site that was constructed in 1966 To the rear of the residence there is an Iwo Z LC� , approximatly 867 sf detached structure. This structure was previously a 554 square foot one -bedroom unit with attached garage. There is 931 square feet of structure under the roof. The existing struicture has a concrete foundation in the living area and the garage portion has a dirt floor. The structure had a wood stove and electric baseboard heat, there is a living room, kitchen/dining area, bedroom and a bathroom. Based on cabinets, plumbing material the space has been the living side and garage side since the 1960s or 1970s. The site is accessed via a gravel driveway near the south property line. The driveway extends toward the rear of the property and loops to the southwest of the primary residence, There are a large number of trees throughout the property, it is a diverse mixture of deciduous and conifer trees. The majority of the trees will not be impacted by the proposal. Directly adjacent to the garage structure, there are three 14" DBH and one 28" DBH Poplar trees that are directly adjacent to the structure. Between the structures there is a group of trees that will be removed. This tightly spaced group of trees includes a 25" DBH Poplar tree, two Pine trees and two Douglas Fir trees. There are no curb, gutter or sidewalk along the frontage of the property. Jaquelyn Street has some segments of %. street improvements including curb, gutter and asphalt. The majority of the street is chip, - sealed, and/or decomposed granite, JaquOyn Street is classified as a neighborhood street. Neighborhood streets require 47-feet of right-of-way with a 22-feet of curb to curb pavement. This allows for on -street parking on one side of the street. Neighborhood streets also require a five to six- foot sidewalk and five to eight foot landscape park row with street trees. Jaquelyn Street is presently unimproved, with gravel surface along the frontage of the property an1d,,,,t1he 'Y' driving surface of Jaquelyn encroaches onto the property due to the, present locati��q -0 ROGUE PLANNING B DEVELOPMENT SERVICES, LIC The request isfor site design review for a 931 square foot accessory residential A\RW\ to replace the existing structure on the site. The proposed development is within the same roof area as the existing structure. The accessory residential unit is proposed to be two -bedroom, two baths with on open concept, living, dining and kitchen area. A front entry facing towards JaqueIyn and a rear deck and stair are proposed. The request includes a Physical and Environmental Constraints Review for development within the Flood Protection Zone, The majority of the property is within either the City of Ashland flood protection zone or within the FEMA floodplain for Clay Creek. The proposal preserves the majority of the floodplain from development. The proposal adds very kiLt|e area of disturbance tothe f|uodp!ain with only the |mvxesL stair and pad at step as new encroachments. There are eight trees proposed for removal. These trees are directly adjacent tothe structure or in the innnnedlatevimcinity. The proposed structure is single story with a finished floor that is two -feet above the BFE of 2075. No HVAC, or other critical infrastructure such as the electric meter will be raised above the BFE and not on the ground., The property slopes ataAproxnnativZ.9 percent downhill bothe north. The structure is eppraxinnateXx 15 feet from the north property line with the eaves at 12-feet. This requires a 14.65 foot setback, The construction permit application will provide construction plan details that mi'U detail the measures proposed for residential construction in the floodplain. There are two on -site vehicle parking spaces for the primary residence. There is adequate parking for two additional vehicles on the propertyfor the ARIJ Thank you for your consideration, Amy Gunter Rogue Planning f6Development Services 541-951-4020 8nthe fmHovxingpages, findings of fact addressingthe criteria from Ashland Municipal Code are provided on the following pages. For clarity, the criteria are in Times New Roman and the applicant's responses are in Ca|ibr|fomt. 3 Ift" 1% VIP WHE PLANNING 9 DEVELOPMENT SERVICES, ILE CRITERIA from the Ashland Land Use Ordinance B. Applicability, Except as otherwise required by an overlay zone or plan district, the following standards apply to residential development pursuant to section 18.5.2.020. See Conceptual site plan of multi family development in Figure 18.4.2.030. 1. Accessory Residential units. Unless exempted from Site Design Review in 18.2.3.040,A, only the following standards in Chapter 18.4.2 apply to accessory residential units: building orientation requirements in 18.4.2.030.C, garage requirements in 18,4,2,030.D, and building materials in 18.4,2.030.E. If an accessory residential unit is located in the Ilistoric District overlay, the standards in 18,.4.2.050 also apply. See the Special tJse Standards for accessory residential units in section 18.2.3.040. 18.5.2.050 Site Design Review .A. tJnderlying Zone. The proposal complies with all of the applicable provisions of the underlying zone (part 18,2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecturc, and other applicable standards, Finding: The lot area exceeds minimum lot area in the zone with 38,095 square feet. The proposed ARU complies with underlying setbacks of the R-1-5 zone as described in AMC 18.2.5.030.,A; Standards for Urban Residential Zones and the definition of lot lines found in AMC The 931-square foot accessory unit is less than 50 percent of the square footage of the primary residence which is 1,892 square feet in area based on on -site measurements. The lot has vehicular access via the existing driveway access from Jaquelyn Street. The primary residence is towards the front of the property and is oriented towards Jaquelyn Street. The accessory residential unit is to the rear of the primary residence. The accessory unit in not required to meet density standards. The lot coverage is less than that potential coverage of 50 percent complies with the maximum lot coverage in the zone. Standards for Residential Zones: 18.2.3.040 Accessory Residential Unit Accessory residential units are subject to Site Design Review under chapter 18.5.2, except as exempted in subsection 18.2.3.040.A, below. 4 4ft 1%W ROGUE PLANNING 9 DEVELOPMENT SERVICES, LLE A. Exemptions. Accessory residential units are permitted outright with an approved building permit, and are allowed without a Site Design Review under chapter 18.5.2 provided that the accessory residential unit meets all of the following requirements. Finding: The property is in the R-1-5 zone, but the unit is not exempt from Site Design Review. The proposed accessory residential unit meets the requirements of the applicable zone found in subsection 18.2.3.040.B. The accessory residential unit is not attached to the primary residence nor within an existing primary residence. It is a detached structure, that is more than six feet from the primary residence. The property has off-street, surface parking spaces on thegravel driveway. B. R-1 Zone. Accessory residential units in the R.-I zone shall meet the following requirements: 1. One accessory residential unit is allowed per lot, and the maximum number of dwelling units shall not exceed two per lot. Find The proposal is for one accessory residential unit in addition to the existing residence. 2. Accessory residential units are not Subject to the density or rninirnurn lot area requirements of the zone. The unit complies. 1 The MaXiML1111 gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA. FindLE: _ The GHFA of the accessory residential unit is 931 square feet in area.This is less than 50 percent of the GHFA of the 1,892 square foot residence on the property. 5 /A ft %W RULE PLANNIND H DEVELLIPMENT SERVICES, ILLE 4. The proposal shall conform to the overall maximum lot coverage and setback requirements of the underlying zone. Finding: The proposed lot coverage, following construction of the accessory residential unit is substantially less than the allowed 50 percent coverage in the zone., 5. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section _I 8,,1-.3._0,40, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 18.4.3,080,11, 1 and I 8.4.,3,080,D,2 and paving requirements in subsection 18.43.QMFL I . Finding: Per the state of Oregon legislature modifications to single family residential zoning rules, the city of Ashland no longer requires additional parking for ARUs. Regardless, there is substantial parking for two, additional vehicle parking spaces in the existing driveway. The gravel driveway loops to allow vehicles to exit the site in a forward manner. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). 11hysical and Environmental Constraints Review: 18.3.10.050 An application for a Physical Constraints Review Permit is subject to the Type I procedure in section [UL-`— and shall be approved if the proposal meets all of the following criteria, A. Through the application of the developillent standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized, Finding: The impacts are very minimal in the Ashland floodplain and will not have an adverse impact on the property or nearby properties. The reconstructed structure will be constructed in a manner which complies with the flood development standards and reduces the hazards in the floodplain by constructing the structure to the flood development standards. 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. 6 RDGUE PLANNING 6 DEVELOPMENT SERVICES, LLU Finding: There is no historical evidence of flooding on the site in the form of sand or silt, or striations of water courses. None of the vegetation on the site is indicative that flooding has ever occurred onto the property. The reconstructed structure will have a finished floor level that is two -feet above the Base Flood Elevation and above the Ashland Modified Flood Eievation. The structure will also have venting that allows flood waters to flow through the structure,. All mechanical equipment will be elevated above the flood elevations. C. That the applicant has taken all reasonable steps to reduce the adverse irapact oil 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. Flncling� The new areas of disturbance withiin the floodplain, are very minimal. The stair posts for the cantilevered 60 square foot porch area. The stair posts represent less disturbance than allowed within floodplains and is nowhere close to the up to 20-cu yards or 1,,000 square feet of area. The existing structure is slab on grade presenting a floodwater barrier. The proposed ARU will be constructed to the standards of the FEMA and City of Ashland Building Codes 15.10 for the construction of flood resistant buildings increasing the conformity and reducing potential hazards. There is no indication on the property that there have ever been floodwaters up to the structure. Nor is there any indication within or on the exterior of the existing structure that there was ever floodwaters within the structure or up to the structure. A silt barrier fence will be installed per the site plan., 18.3.10.080 Development Standards for Flood Plain Corridor Lands For all land use actions that could result in development of the Flood Plain Corridor,, the follow, ing is required in addition, to any req u ireale tits of AMC 15.10. A. Standards for Fill in I'lood. Plain Corridor Lands. 41 ft, 1%W ROGUE PLANNING 5 DEVELOPMENT SERVICES, LLO 1. Fill shall be designed as required by the Oregon Structural Specialty Code (OSSC), and Oregon Residential Specialty Code (ORSC), where applicable. 2. The toe of the fill shall be kept at least ten feet outside of floodway channels, as defined in AMC 15. 10, and the fill shall not exceed the angle of repose of the material used for fill, 3. The amount of fill in the Flood Plain Corridor shall be kept to a minimum. Fill and other material imported from off the lot that could displace floodwater shall be Limited to the following. a. Poured concrete and other materials necessary to build permitted structures on the lot. b. Aggregate base and paving materials, and fill associated with approved public and private street and driveway construction. c. Plants and other landscaping and agricultural material. d. A total of 50 Cubic yards of other imported fill material. e. The above limits on fill shall be rricasured from April 1989, and shall [lot exceed the above amounts. "these amounts are the maximum cumulative fill that can be imported onto the site, regardless of the nurriber of permits issued, 4. If additional fill is necessary beyond the permitted amounts in subsection 18.3.10.080,A.3, above, then fill materials must be obtained on the lot from Cutting or excavation only to the extent necessary to create an elevated site for permitted development, All additional fill material shall be obtained from the portion of the lot in the Flood Plain Corridor, 5. Adequate drainage shall be provided for the stability of the fill. 6. Fill to raise elevations for a building site shall be located as close to the outside edge: of the Flood Plain Corridor as feasible. Finding: There is no fill proposed to be brought onto the property in order to construct the ARU. The existing slab foundation will either be removed or constructed around with the new raised foundation. It is not anticipated that any fill for landscaping, driveway regrading or similar is necessary. B. Crossings. A crossing of any waterway identified on the official maps adopted pursuant to section 18.3.10.070 Official Maps (e.g., for streets, property access or utilities) must be designed by an engineer. Stream crossings shall be designed to the standards of AMC 15.10, or where no floodway has been identified, to pass a I 00-year flood without any increase in the upstream, flood 8 REIGHE PLANNING R DEVELOPMENT SERVICES, LLC height elevation. The engineer shall consider in the design the probability that the crossing will be blocked by debris in a severe flood, and accommodate expected overflow. The crossing shall be at right angles to the stream channel to the greatest extent possible. Fill for strearn crossings shall be kept to the minimum necessary to achieve property access, but is exempt from the limitations in subsection 18.3. 1 0.08O.A, above. Finding: Not applicable. No crossings are necessary, C. Elevation ofNon-residential Structures. Non-residential structures shall be flood -proof to the standards in AMC 15.10 to one foot above the elevation contained in the ri-raps adopted by AMC 15. 10, or up to the elevation contained in the official rriaps adopted by section 18.110.070 Official Maps, whichever height is greater. Where no specific elevations exist, then they must be flood - proofed to an elevation of ten feet above the stream channel on Ashland, Bear or Neil Creek; to five feet above the stream channel on all other riparian Preservation Creeks identified on the official maps adopted pursuant to section 18.3. 10.070; and three feet above the stream channel on all other Land Drainage Corridors identified on the official maps adopted pursuant to section 18.3. 0.070. Finding: Not applicable. No new non-residential structures are proposed. D. Elevation of Residential Structures. All residential structures shall be elevated so that the lowest habitable floor shall be raised to one foot above: the elevation contained in the maps adopted irl AMC 15,10, or to the elevation contained in the official maps adopted pursuant to section 18.3,10.070 Official Maps, whichever height is greater. Where no specific elevations exist, then they must be constructed at an elevation of ten feet above the stream channel on Ashland, Bear, or Neil Creek; to five feet above the stream channel on all other Riparian Preservation Creeks identified on the official maps adopted pursuant to section 183.10.070; and three feet above the strearn channel on all other Land Drainage Corridors identified on the official maps adopted pursuant to section 18.3. 10.070, or one foot above visible evidence of high flood water flow, whichever is greater. An engineer or surveyor shall certify the elevation of the finished lowest habitable floor prior to issuance of a certificate Of Occupancy for the Structure, Fines: There is an Identified flood elevation on the property is 2075 per the city of Ashland modified floodplain. The base flood elevation on the property of per the FEMA firmette is 2074 feet above sea level. The proposed structure will be elevated to two feet above the elevation from the official maps, The proposed finished floor elevation is 2077. An Oregon licensed surveyor (Polaris 4ft %W ROGUE PLANNING 6 DEVELURINT SERVILES, LLE Land Surveying) will certify the elevation of the finished lowest habitable floor prior to the issuance of a certificate of occupancy for the structure. E. Structure Placement. 'l'o the maximum extent feasible, structures shall be placed on other than Flood Plain Corridor Lands. In the case where development is permitted in the Flood Plain Corridor area, then development shall be limited to that area which would have the shallowest flooding. Finding: The majority of the property is within the floodplain corridor lands. The proposal is to construct a replacement structure in the same location as the existing structure that will be removed. The replacement structure will be constructed to the standards, of the Floodplain Development ordinances in AMC 15.10 and from the FEMA technical bulletin regarding new construction in the floodplain. There is no evidence on or within, the existing structure that it has withstood any flooding. No watermarks, silt, mud, debri's, damage, mold, mildew, etc. or other evidence of flooding immediately adjacent to the structure, the placement within the same area disturbance where there does not appear to be any flooding which would allow for the finding to be made that the placement is in the area of shallowest flooding. F. Residential Structure Placement. Existing lots with buildable land Outside the Flood Plain Corridor shall locate all residential structures outside the Corridor [.and, unless 50 percent or snore of the lot is within the Flood Plain Corridor. For residential uses proposed for existing lots that have more than 50 percent of the lot in Corridor I..,and, structures may be located on that portion of the Flood Plain Corridor that is two feet or less below the flood elevations on the official maps, but in no case closer than 20 feet to the channel of a Riparian Preservation Creek identified on the official maps adopted pursuant to section 18.3.10.070. Construction shall be subject to the requirements in subsection I 8.3.10.080.D, above. Finding: The majority of the property is within the floodplain corridor lands. Total lot area is 38,095 square feet has 11,160 square feet of area that is outside of the flood plain corridor lands and 26,935 square feet of area in the floodplain. More than 70 percent of the property is within the floodplain corridor. This area includes the residence and the area between the residence and the front property line. Of the 11,160 square feet, approximately 2,300 square feet is future right of way that cannot be developed for residential purposes. This leaves an area of 8,860 square feet of area outside of floodplain and not encumbered by future right-of-way. The proposed structure is substantially more than 50-feet from the riparian zone of Clay Creek. aft 1qW ROGUE PLANNING H DEVELOPMENT SERVIEES, LLE G. New Non -Residential. Structures. New non-residential uses rn.ay be located on that portion of Flood Plain Corridor Lands that equal to or above the flood elevations on the official neaps adopted in section 183,10,070 Official Maps, Second story construction may be cantilevered or supported by pillars that will have minimal impact on the flow of floodwaters over the Flood Plain Corridor for a distance of'20 feet if it does not impact riparian vegetation, and the clearance from finished grade is at least ten feet in height. The finished floor elevation may not be more than two feet below the flood corridor elevations. FindiM. The proposal is to construct a residence. Attached to the residence on the creek side of the structure is a cantilevered deck with a stair. The stair risers will be attached to a concrete pad and will have minimal irnpact on the flow of floodwaters. H. Building Envelopes, All lots modified by property line adjustments, and new lots created from areas containing Flood Plain Corridor Land, must have building envelopes containing buildable area of a sufficient size to accommodate the uses permitted in the underling zone, unless the action is for open space or conservation purposes. This section shall apply even if the effect is to prohibit ftuther division of lots that are larger than the rnininiurn size permitted in the zoning ordinance, Finding: Not applicable. 1. Basements. Finding: Not applicable J. Hazardous Chemicals. Storage of petroleum products, pesticides, or other hazardous or toxic chemicals is not permitted in Flood Plain Corridor Lands. Finding: No hazardous chemicals or storage of petroleum, pedetlies or other hazardous chemicals will occur in the floodplain. K. Fences. Fences shall be located and constructed in accordance with Subsection 183.1 1.050,B.3. Fences shall not be constructed across any waterway or stream identified on the 11 4ft %W ROGUE PLANNING 9 DEVELOPMENT SERVICES, LLE official maps adopted pursuant to section 18.3,10,070 Official Maps. Fences shall not be constructed within any designated floodway. Finding: No changes to the fencing are proposed. If any fences are added, a separate fence permit will be obtained. The fences will not be constructed across any water or stream, L. Decks and Other Structures. Decks and structures other than buildings, if constructed on Flood Plain Corridor t,ands and at or below the levels specified in subsections I 8.3.10.080.0 and D, shall be flood -proofed to the standards contained in AMC 151 O. Finding: The decks for the ARUwill be constructed to the staindards of 18.310.080.0 and C. M. Local Streets and Utilities, Local streets and utility connections to developments in and adjacent to the Flood Plain Corridor shall be located outside of the Flood Plain Corridor, except for crossing the Corridor, except as provided for in chapter 18,311 Water Resources Overlay, or in the Flood Plain Corridor as outlined below. Finding: The utilities will be extended from the primary residence, to the ARU. This is the least impact in the floodplain. 1. Public street construction may be allowed within the Bear Creek Flood Plain Corridor as part of development following the adopted North Mountain Neighborhood Plan, This exception shall only be permitted for that section of the Bear Creek Flood Plain Corridor between North Mountain Avenue and the Nevada Street right -of way. The new street shall be constructed in the general location as indicated on the neighborhood plan reap, and in the area generally described as having the shallowest potential for flooding within the corridor. 2. Proposed development that is not in accord with the North Mountain Neighborhood Plan shall not be permitted to utilize this exception, Finding: Not applicable. C. Site Development and Design Standards. 12 RDRUF PLANOR R OEVELEPMENT SERVIEFS, LLE Finding: The trash / recycle area will be provided in a screened enclosure between the ARU and the . Individual cans will be used by the tenants. The refuse area will not be visible to the public street. Building Materials. Building materials and paint colors should be compatible with the Surrounding area. Very bright primary or neon -type paint colors, which attract attention to the building or use, are unacceptable. Finding: The building materials include a horizontal lap siding, architectural comp shingle roof and vinyl windows. All yard lights will be shrouded to prevent glare onto adjacent properties. Streetscape. One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street pursuant to subsection 18.4.4.030.E. Finding: The property extends beyond the majority of the dedicated right-of-way on the adjacent parcels. There are established trees along the frontage of the property. New street trees are not proposed at this time due to the present tree locations in the future street right-of-way. Landscape / Tree Protection: Finding: There are numerous established trees on the site. Tree protection fencing will be provided around the trees that are near the ARU and in the areas of disturbance from construction and utilities. A six-foot fence chain link fence as per the tree protection plan, at grade around the dripline of the tree that could be impacted by construction. 1). City Facilities. The proposal cornplics, with the applicable standards in section 18,4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the Subject property. Finding: Adequate city facilities exist and presently service the SFR and the ARU. Water and sewer will be connected to the existing system. Stormwater facilities will need to be addressed, but the site area is large enough to have an on site detention facility for the small footprint ARU. Engineered plans demonstrating compliance will be provided with the building permit. A separate electric service and meter for the ARU will be installed. There is adequate electric service to serve the small ARU. 13 59 ROGUE PLANNING 6 DEVELOPMENT SERVICES, LLC The small ARU is a permitted use in the zone and there does not appear to be a rational nexus between the small, permitted use in the R-1 zone to dedicating of nearly 3,000 square feet of public right-of-way. Tree Removal and Protection: 18.5.7 There are numerous trees on the subject property and on the adjacent properties. An assessment of the trees was performed by a certified arborist. There are nine trees proposed for removal. These include four poplar trees that presently grow from under the structure. The structure will be replaced and these trees are within the footprint of the structure. There is a clump of trees that includes a 25" DBH poplar tree, a 12" DBH Doug Fir, an 8" DBH Douglas Fir tree and two, 12" DBH Ponderosa Pine trees,, Of these, four trees require a tree removal permit for a total of eight trees. Tree protection fencing in the form of six-foot tall chain link fences, set in accordance with the proposed protection plan provided with the application will provide adequate protection to the sites remaining trees. See Attachment for additional Tree Protection information. 2. Tree that is Not a Hazard, a. The tree is proposed for removal in order to permit the application to be consistent with other - applicable land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.3. 10. Finding: The trees proposed for removal are within inches of the structure or are trees from the prohibited plant list that are crowded between the two structures on the property. 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. Finding: The removal of the trees will not have any impact on erosion, soil stability, flow of surface waters or protection of adjacent trees. None of the trees proposed for removal are part of a windbreak. The poplar trees directly adjacent to the structures have roots that encroach under the structures and they are within inches of the walls of the existing structure. 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, shalt grant an, '14 4ft 1%W ROGUE PLANNING H DEVELOPMENT SERVICES, LLG 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. Finding: The removal of eight trees, none of which are rare or specimen / heritage trees, will not have any impacts on the tree densities. The subject property and the immediately adjacent neighborhood has a significant number, density, tree canopy and species diversity that the eight trees will not negatively impact the canopies. The trees are also not within the Water Resource Protection zones and do not provide any direct benefits to the shading of the riparian corridor. The trees are immediately adjacent to structures and not part of the largely undeveloped portions of the floodplain. 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. Finding: The residential density is not impacted by the removal of the trees. e. 'Fhe 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. Finding See, below. 18.5.7.050 Mitigation Required One or more of the following shall satisfy the mitigation requirement. A. Replanting On-Site.'Fhe applicant shall plant either a minimurn. I V2-inch caliper healthy and well branched deciduous tree or a five to six-foot tall evergreen tree for each tree removed. FindiM. Five, healthy deciduous trees will be planted on site following the construction of the ARU. The trees are placed throughout the property. No conifer trees are proposed to be mitigated for. 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N LU F- _ �....., C7 C9 N w x 4 w x z z F w < 'r � W ❑ h t N Z p O -1 Q u W �0- J Ww J � Q W CO -P3 uo 'Pueps 6E)JO V �c + z 0 Lu il]�JiS Nk�inovr 961 S3E)ViiO:D 13�]HiS Nil 0 LLJ 4i of 0- i D El H I S NJ.a n o v r IA5 6 ON 6 0- g < < M'T 'b 6 nR lm�M6 �6 y 2, < 6 H < N" -6 Uo "g. Mr� E Hl. HE �� uo6aa�'puelysy wo + a ° F- emeil]2IiS e C m N3fO 96L WW' �a �aqyAlg � � I o" L0 �a: --------_—_--. 1 N 18 N A -I 3 n b d f �K 3z F � m r,5a 1 ion - 11 lag s .p w 'N ups rc 0 0 _` u w o n w - 3 w o wz. w u. rn. a w o o 0 i G w w ; a W - - �.. b3 - Sp 1HH1 BIN y c u i < w� - s h ww K �Wh ^o rmr�r on u J °3n From: Kyle Wright To: Nanning Subject: 795 Jaquelyn St development Date: Thursday, October 08, 2020 5:06:11 PM [EXTERNAL SENDER] To Whom It May Concern, We live across the street from the project occurring at 795 Jaquelyn St. We are so happy to see the improvements happening, it will look great when it's all finished. We do have a concern with respect to the fact that his property extends out into Jaquelyn Street. When and if people park along that section of the street, it could potentially make it difficult, if not impossible for us to get in and out of our driveway. We had this happen when the construction was in full swing, the workers were very nice and moved their trucks, and actually had to park on his property in order not to block our driveway. This is an unimproved street, and this particular section was not widened as properties were developed. It becomes very narrow if cars are parked along the sides, especially when delivery trucks, such as UPS, Fed Ex or the Recology trucks are making deliveries or pickups. We're not sure what can be done to insure that our driveway won't be blocked, but we thought it was worth bringing it to the Planning Committee's attention. Thank you for listening. Kyle & Meg Wright 782 Jaquelyn St Received 10.9.2020 From: Kyle wriaht To: olannina Subject. 795 Jaqueiyn St development Date: Thursday, October 08, 2020 5:06:11 PM [EXTERNAL SENDER] To Whom It May Concern, We live across the street from the project occurring at 795 Jaquelyn St. We are so happy to see the improvements happening, it will look great when it's all finished. We do have a concern with respect to the fact that his property extends out into Jaquelyn Street. When and if people park along that section of the street, it could potentially make it difficult, if not impossible for us to get in and out of our driveway. We had this happen when the construction was in full swing, the workers were very nice and moved their trucks, and actually had to park on his property in order not to block our driveway. This is an unimproved street, and this particular section was not widened as properties were developed. It becomes very narrow if cars are parked along the sides, especially when delivery trucks, such as UPS, Fed Ex or the Recology trucks are making deliveries or pickups. We're not sure what can be done to insure that our driveway won't be blocked, but we thought it was worth bringing it to the Planning Committee's attention. Thank you for listening. Kyle & Meg Wright 782 Jaquelyn St Received 10.9.2020 From; dennisme65Cn]amail.com To: planning; dennisme65Calamail.cam; homey019Colyahofl.com Subject: Tree Removal by Livni Family Trust Rake, Wednesday, October 07, 2020 2:03:25 PM Attachments: scan 2010071345000.ndf [EXTERNAL SENDER] City of Ashland Planning, Tree Commission This is Dennis & Paulette Mellecker, 2909 Diane St Ashland, Ore Attached are documents from a 4 yr lawsuit we were involved with Mr Livni about 12 trees located at our North property line, his South property line. Page 2 of Exhibit G states the Conditions of our Settlement, Section 1, Restrictive Covenants and Replanting on Site. The next page " Conservation Easement" describes the understanding we had in court about the `Mitigation' of cut down trees but this document was somehow never recorded but is referred to in previous page 2 of Exhibit G, "Replanting on Site". Next Page 9 of Exhibit G shows the 12 trees in question here. Note that the 18" Ash tree was cut down on May 3, 2017 and was never mitigated. We are only mentioning this because we want to make sure that none of these other protected trees are involved in this his most recent cutting down of trees. Thank you for your Consideration, Dennis & Paulette Mellecker Received 10.7.2020 Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY AO F 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TfY: 1-800-735-2900 ASH LAN D NOTICE OF APPLICATION PLANNING ACTION. PA-T1-2020-00124 SUBJECT PROPERTY: 795 Jaquelyn Street OWNERIAPPLICANT, Livni Family Trust/Rogue Planning & Development Services LLG DESCRIPTION: A request for Site Design Review and Physical & Environmental Constraints Review permit approvals for floodplain development for the property located at 795 Jaquelyn Street. The application proposal would replace the existing 931 square foot garage/shop with a 931 square foot accessory residential unit (ARU) in the same location, The structure's finished floor elevation is proposed to be raised two feet: above the base flood elevation, The application also includes a request for a Tree Removal Permit to remove eight trees located within the floodplain. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5-P; ASSESSOR'S MAP #: 391E 14BC; TAX LOT: 1900 NOTE: The Ashland Tree Commission will review this Planning Action at an :[ectronio public hearing on Thursday, October 8, 2020 at 6:00 PM. See page 2 of this notice for information about participating in the electronic public hearing. NOTICE OF COMPLETE APPLICATION: September 30, 2020 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: October 14, 2020 <2 //45 c> v-.. OVER G:kamm-devlplanniagli'Ianning ActionslS'As by StreetWaquelyoUaqueIya_i931PA-3K'1�2Q�O��Qpy�74��'�Iy7A��0�S�� c� Ja i County Official Records 2014-021010 R-DR Crtt=1 E3,4RFtOWCK 081121201410:07:14 AM s55,00$jo,00$8.o0$11.00$2o.0o TOtal:$107.00 $3,00 After recording return to: 0163511520140021010011 Oil 9 1, Chriatlne Walker, C inty Clark for Jackson County, Oreoun, certify that the instrument i{, :ratified herein was recorded in the Clerk records. Chn_Une Walker - County Clerk Grantor: Livni Investment Company LLC An Oregon Limited Liability Company Attn: Gil Livni 2532 Old Mill Way Ashland, OR 97520 Micah and Heather Wood 825 Jacquelyn Street Ashland, OR 97520 Dennis and Paulette Mellecker 2909 Diane Street Ashland, OR 97250 DECLARATION OF RESTRICTIONS AND COVENANTS This Declaration is made this day of AUR 2014 by Livni Investment Company, LLC, an Oregon limited liability company ("Livni"), ennis and Paulette Mellecker ('Mellecker', and Micah and Heather Wood ("Wood"), with the intention that it run with the land and bind the undersigned, their heirs; successors, and assigns, Recitals Livni is the owner of the real property described in Exhibit "A and Exhibit "E" ("Livni Property"). Mellecker is the owner of the real property described on Exhibit "B" and Exhibit "F" {"Mellecker Property"). Wood is the owner of the real property described on Exhibit "C" ("Wood"). The undersigned intend to establish in this Declaration certain restrictions and covenants pertaining to the Livni Property, Mellecker Property, and Wood Property and every subsequent owner of the foregoing properties. 1 —DECLARATION OF RESTRICTIONS AND COVENANTS EXHIBIT,C-E- PAGE--0E--. L / W Received 10.7.2020 The restrictions and covenants herein run; with the land for the benefit of the undersigned and their heirs, successors, and assigns, and are enforceable by the same. The undersigned agree that their properties will benefit from the restrictions and covenants. These Recitals are part of the Declaration. Section 1. Restrictive Covenants This covenant applies to the twelve trees identified on the map attached hereto as Exhibit D. All parties are bound by the guidelines and restrictions established by the City of Ashland that relate to the care, maintenance and removal of trees on private property. This includes restrictions relating to the fact that most of the trees are situated within. the 1 00 year floodplain of Clay Creek. In addition to the applicable standards stated above, the owner of the Livni property is prohibited from removing any of the trees identified on Exhibit D unless they are determined. to be dead or presents a hazard, as determined by a certified arborist. Should any tree be confirmed by the owner of the Livni property to be dead or hazardous, the owner of the Livni property shall give a 3 0-day written notice of intent to remove the tree to the owner(s) of property located within fifteen. (15) feet of said tree. The owners of the parcels -presently owned by any of the parties have a right to maintain that portion of the trees that encroach upon their respective properties. Section 2. Breach or Violation A. Should it be established by competent and persuasive evidence that any tree indentified in Exhibit D was inappropriately removed or fatally damaged by any party hereto in violation of this covenant (but specifically not including any dead or hazardous tree that is removed after being certified as such by an arborist in accordance with Ashland code and regulations), the aggrieved party's sole and exclusive remedy hereunder shall be for the party responsible to complete the following mitigation: a) Replanting on site -The responsible party shall plant either aminimum 1 Y2- inchcaliper healthy and well -branched deciduous tree or a 5-6 foot tall evergreen,free fc each tree removed. The replanted tree shall be of a species that will eventually equal or exceed the removed tree in size and, if possible with consideration for the health of the new tree, shall be planted within the canopy drip line of the tree that was removed, or if not possible, as near as possible. The tree shall be planted according to the specifications in the City Tree and Maintenance Guidelines as approved by the City Council. Any tree planted in accordance with this section shall be covered by the terms of this Declaration. B. Any other violation or breach of any restriction or covenant herein (other than the removal or fatally damaging of a tree under the circumstances set forth in 2 A above) shall.give to every party to whose benefit these restrictions and covenants are arcade the right to proceed at law or in equity for damages, injunctions and other relief. 2 —DECLARATION OF RESTRICTIONS AND COVENANTS G-7-_EXHIBIT RAGE 2- OF 11 . Received 10.7.2020 After Recording Rehim To: (Grantee) CONSERVATION EASEMENT �-, - 6 - t x D QQ-S }r Ot 'r° �-, r` vt C-0 EEC s #t n DATE: OWNEWGRANTOR Livni investment Company, LLC GRANTEE: Micah Woods an!i� For purposes of this Conservation Easement, the Owner, and all subsequent Owners of the subject Property, will be referred to as the "Grantor" throughout this Conservation Easement. The owner and all subsequent owners of the dominant estate will be referred to as the "Grantees." PROPERTY: Area containing existing trees and vegetation as described by Exhibit A, herein incorporated. CONVEYANCE: The Grantor conveys and warrants to the Grantee a perpetual and non-exclusive conservation easement, which shall be appurtenant to and pass with the title to the Grantee's parcel. The scope of this Conservation Easement is set forth in this agreement. CONSIDERATION: This conveyance is in lieu of and avoidance of further litigation under Jackson County Circuit Court Case No. 11-5459-E3. THE GRANTOR AND THE GRANTEE AGREE TO THE FOLLOWING: 1. PURPOSES OF THIS CONSERVATION EASEMENT AND COMMITMENT'S OF THE GRANTOR AND THE GRANTEE. a. This Conservation Easement assumes that the Property will be perpetually preserved in its predominately natural or vegetative landscaped condition. The Purposes of this Conservation Easement are to protect the Property's natural Landscape and riparian values; to maintain and enhance health of existing frees within or directly adjacent to the Property and Grantee's real property. b. Bo& Parties agree to confine use of the Property to activities consistent with the Purposes of this Easement and the preservation of clearly delineated local conservation policy. The following legislation establishes relevant public policy: i. Tree Preservation and Protection, Ashland Municipal Code (AMC)18.61; fl. - Physical and Environmental Constraints, AMC 18.62; iii. Water Resource Protection Zones, AMC 18.63; iv_ Mitigation Requi m ments, AMC 19.63.120. 2. PROHIBTTEIi ACTIONS_ Any activity on, or use of, the Property which is inconsistent with the Purposes of this Conservation Easement is expressly prohibited. By way of example, but not by way of limitation, the following activities and uses are explicitly prohibited: a Construction. The placement or construction of any human -made modification such as, but not limited to, buildings, fences, roads, and parking lots is prohibited within the dripline of the trees as defined by AMC 19.61.020 directly affecting the Property as deemed by a licensed arbonst whose selection upon which the Parties mutually and reasonably agree. b. Cutting Vegetation. Any cutting of trees or vegetation, including pruning or trimming, is prohibited, except for the cutting or removal of trees or vegetation which pose a threat to human life or property, or that is necessary or recomme4ided to preserving the viability and value of the vegetation as deemed by a licensed arborist as selected in 2.a. above- C. Dumping. Waste and unsightly or offensive material is not allowed and may not be accumulated on the Property. d. Water Courses. Natural water courses, lakes, wetlands, or other bodies of water Page 1 of 2 CONSERVATION EASEMENT "1 i� C_. te- k 6'lri $ Received 10.7.2020 N PQ Cl 12 C3 p N3 tu 0 41 50d- z -� J j L N A 'I H in ., � ti � � Z4.5 4 qO.S'' V4o Q f Q Ijt� O . . ......... Received 10.7.2020 n f)WE Section 3. Recitals and Exhibits The recitals are made a part of this Declaration. All exhibits are attached hereto and incorporated herein by reference. The undersigned have executed this Declaration on the data first written above. LIVNI INVESTMENT COMPANY, LLC 01 Livni, . ember STATE OF ` l' ��, h ) - ) ss County of The foregoing instrument was executed and ackn, Notary Public by_6z,1 on this day of OFFICIAL SEAL: JUDY DOME SHEIDON NOTARY PUBLIC-OfitI:GON CoMmISSION NO. a62329 kkY WWI MSI©N EXPIRES 0Ctfll R 02, 2015 1vIICAH WOOD Micah Woad STATE OF ) ) ss County Of ) Notary My Co before me the undersigned, .2014. The foreg mg t trument as executed and ackno ledged before we the undersigned Notary Public by i ' �on this day of , 2014. OFFIWAL� Notary Public I G+uMM NK3,:A3 i ' F mlJl ik m My Commission Expires: f 3 --DECLARATION OF RESTRICTIONS AND COVENANTS EC1-itBiT._.._. WAGE QF 1 � Received 10.7.2020 HEAT.- woos Heather Wood STATE of ' Q ) ss County of C__ ) The foregoing instrument wp executed and acknow edged before me the undersigned Notary Public by ]�,�on this _LCL_ day of ItLn 2014. MUM— NOTAW C O M MMOM ml ox" DENNIS ME . Dennis Mellecker STATE OF O t�� ) ) ss County of2ULs� ) Notary Public My Commission Expires: 1 The foregoing inst ment was executed and acknov4edged before me the undersigned Notary Public by Can this �_ day of , 20 K Notary Public My Commission Expires: lh!;�-/z PAULETTE MELLECKER Paulette Mellecker STATE OF ) ss County of�� —. ) 4 -DECLARATION OF RESTRICTIONS AND COVENANTS lXHOT PkGE. LC)__L-. Received 10.7.2020 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 PE�l�1T �U� PA-T1-2020-00124 Apply Date: 9/17/2020 ,H , . .: Maa IGot _ Plr e+ Ad'tTs..: 391 E14BC1900 795 Jaquelyn St Owner: Livni Family Trust Owner 453 Tucker St Address: Ashland, OR 97520 Phone: (510)-91-3-5110 Applicant: Livni Family Trust Applicant 453 Tucker St Address: Ashland, OR 97520 Phone: (510)-91-3-5110 Site design review for ARU and physical & environmental constraints permit for floodplain. I Fee Description: Amount: Accessory Residential Unit (Type 1) $710.00 Physical Constraints Permit (Type 1) $1,092.00 Applicant: Date: