Loading...
HomeMy WebLinkAboutJaquelyn_783_PA-T1-2022-00189CITY or -SHLAND October 6, 2022 Notice of Final Decision On October 6, 2022, the Community Development Director approved the request for the following: Planning Action: PA -T1-2022-00189 Subject Property: 783 Jaquelyn Street. Applicant: Rogue Planning for Masanori & Noriko Kuwabara DESCRIPTION: A request for a Physical and Environmental (P&E) Constraints Review Permit to authorize the construction of a new detached residential unit on the property located at 783 Jaquelyn Street. The proposed construction is within the Ashland Modified Flood Plain, which covers over half of the property. One 12 -inch DBH Pine tree is proposed for removal in concurrence with the P&E Permit. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 1E 14 BC; TAX LOT: 1400 The Community Development Director's decision becomes final and is effective on the 12th day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Comrnunity 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 Johanna Tuthill 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 Winhurn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www. ash land.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. I . 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 T decision pursuant to subsection 18.5.I.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 ofNotice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type 11 public hearing procedures, pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 =i www.ashland.onus 7 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -TI -2022-00189 SUBJECT PROPERTY: 783 Jaquelyn Street. APPLICANT/OWNER: Rogue Planning for Masanori & Noriko Kuwabara DESCRIPTION: A request for a Physical and Environmental (P&E) Constraints Review Permit to authorize the construction of a new detached residential unit on the property located at 783 Jaquelyn Street. The proposed construction is within the Ashland Modified Flood Plain, which covers over half of the property. One 12 -inch DBIJ Pine tree is proposed for removal in concurrence with the P&E Permit. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 IF 14 BC; TAX LOT: 1400 SUBMITTAL DATE: July 14, 2022 DEEMED COMPLETE DATE: August 25, 2022 STAFF APPROVAL DATE: October 6, 2022 DEADLINE TO APPEAL (4:30 p.m.): October 18, 2022 FINAL DECISION DATE: October 19, 2022 APPROVAL EXPIRATION DATE: April 19, 2024 DECISION The proposal is to construct a new accessory residential unit (ARU) at the rear of the property located at 783 Jaquelyn Street. The proposed location of the structure encroaches in the Ashland Modified Flood Plain of Clay Creek and therefore a Physical and Environmental (P&E) Constraints Permit is required. Subject Property The subject property is found on the west side of Jaquelyn St. between Nova Drive and Diane St. The property is a rectangle measuring approximately 115.3' north -south and roughly 212.4' east - west. Over half of the parcel is in the Ashland Creek floodplain which begins roughly 80' from the eastern property line when measured at the midpoint north -south. The property is currently developed with a 2556 square foot single family residence built in 1988. At the far western side of the property is the Clay Creek. Proposed Development The application involves the construction of a 1,150 square foot single story residential unit to the northwest of the existing residence. The total proposed increase in impervious surface is 1,470 square feet. The applicants site plan indicate that it is proposed to be constructed with a setback of approximately 96.5' from the eastern property line, causing the structure to encroach into the floodplain. The location of the current residence and the required setbacks precludes the structure from being placed further to the east. PA -T1-2022-00189 783 Jaquelyn St. / JT Page 1 Flood Background 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 an Ashland Modified Floodplain with 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. Environmental Constraints Clay Creek runs south -north along the western edge of the property. Clay Creek has FEMA flood zones as well as the previously mentioned local Clay Creek floodplain which covers a majority of the property. In 2021, the property underwent an assessment of flood impacts and received a Letter of Map Amendment (LOMA). This LOMA removed portions of the property from the FEMA Special Flood Hazard Area (SFHA) by determining that the development site is higher in elevation than the FEMA Base Flood Elevation (13FE). The proposed residential development is located in this region removed from the SFHA by the LOMA The official maps show that the Clay Creels floodplain has a maximum flood elevation of 2,068.93' at the proposed site of the new structure and an existing elevation at the lowest of 2,069.5'. The finished floor of the single - story residence will be two feet above the Base Flood Elevation. The proposed residential development is still wholly within the Clay Creek Ashland Modified Floodplain. The development is to be located within this Modified Floodplain due to required setbacks and the existing single-family residence at the front of the property. The Water Resource Protection zone associated with Clay Creek provides a fifty -foot buffer from the top of bank. Because the site for the proposed development is located over 70' away from Clay Creek and outside the Water Resource Protection zone, the standards from AMC 18.3.11 are not applicable. Design Standards & Approval Criteria The following design standards must be met for allowed construction in the floodplain: The first standard addresses fill in floodplain corridor land. All fill shall be designed as required by the Oregon Structural Specialty Code (OSSC), and Oregon Residential Specialty Code (ORSC), with adequate drainage provided. The 33.78 cu yards of fill includes the area of the slab footing to the finished floor. The fill is a minimum to construct the concrete footing which is proposed at 2,071 feet. This is outside the FEMA floodplain. Within the modified flood zone there is less than 50 cu yards of material and is less than the thresholds for fill in AMC 18.3.10.080.A. The next two standards for floodplain development (B&C) do not apply to this application, they address crossings of waterways and non-residential structures. The next three standards for floodplain development include elevation and location of residential structures. To the maximum extent feasible, structures shall be placed on other than Floodplain PA -T1-2022-00189 783 Jaquelyn St. / 7T Page 2 Corridor Lands. In the case where development is permitted in the Floodplain Corridor area, then development 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 snaps. The application materials show that the property clearly has more than fifty percent in the floodplain, and the proposed location is above the flood elevation on the official maps. The base footing is proposed to be built at 2071 feet with the finished floor certified at 2073 feet. The FEMA -approved LOMA for the 100 -year floodplain is 2068.93 feet. The adopted floodplain map of the Ashland Creek floodplain shows a flood elevation lower than the proposed development. Additional standards for new construction in the floodplain include a prohibition on basements and the storage or hazardous chemicals, these will both be included as conditions of approval. The next design standard addresses that all fences shall be built per AMC 18.3.11.050.B.3 and that fences are not built in the floodway or across any waterway or stream. The application does not include a request for a fence, and any proposed fence would need to apply for a fence permit and those standards would be addressed at that time. Next, decks and structures other than buildings, if constructed on Floodplain Corridor Lands and at or below the base flood level, shall be flood -proofed to the standards contained in AMC 15.10. The construction will occur above base flood level, and thus will not need to meet the flood proofing standards from AMC 15.10. Finally, there are three criteria of approval for a Physical and Environmental Constraints Permit. These criteria require that potential impacts to the property and nearby considered, and adverse impacts minimized, that all potential hazards have been considered and that all reasonable steps to reduce the adverse impact have been addressed. Staff is confident that the structure is in shallowest flooding based on map analysis. Furthermore Staff feels that the development is located and designed in a way to mitigate any potential rise in flood waters. Tree Removal One 12 -inch DBH Pine Tree is proposed for removal due to its location in the proposed building envelope. At the September 2022 meeting of the Tree Commission, the proposal was reviewed and approved unanimously. Public Comment During the public comment period, no input was received. Conclusions The applicant has submitted a narrative explaining how their application met the relevant criteria. 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 design standards. PA -T1-2022-00189 783 Jaquelyn St. / JT Page 3 The criteria for a Physical Constraints Review Permit are describer) 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. Planning Action T1-2022-00189 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 T1-2022-00189 is denied. The following are the conditions of approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the applicant shall submit a tree protection plan in accordance with AMC 18.4.5.030.B 3) That prior to the issuance of a building permit: a) That the applicant submits an electric design and distribution plan including load calculations and locations of all primaty and secondary services including transformers, cabinets and all other necessary equipment. This plan must be reviewed and approved by the Electric .Department prior to the building permit submittal. Transformers and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. b) Solar setback calculations demonstrating that the proposed construction complies with the Solar Setback along with elevations or cross section drawings clearly identifying the highest shadow producing point(s) and their height(s) from natural grade. c) That a Tree Verification Permit shall be applied for and approved by the Ashland Planning Divisionn prior to site work, excavation, and/or storage of materials. The Verification Permit is to inspect the installation of tree protection fencing. The tree protection shall be chain link fencing six feet tall and installed in accordance with the approved tree protection plan. 4) No now 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. > l0 5 z a Z7—.. Brandon Goldma Date Interim Community Development Department PA -TI -2022-00189 783 Jaquelyn at. / 3T Page 4 AFFIDAVIT OF MAILING STATE OF OREGON j 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 October 6, 2022, 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for the Planning Action #PA -T1-2022- 00189 for 783 Jaquelyn. ,MichaeCSuCCivan Signature of Employee G:komm-de WanninglPlanningAc6onsiPAsbySVeetlJlJaquelynWaquelyn-7831daque€yn 783_PA-71-2022-00189iNokTnglNO©1Jaquelyn_783_PA-T1-2022-QOi89_NoN ArFf6AVITOFMAILING.dea1016022 PA -T1-2022-00189 39IE14BD4706 ANDRES PHILIPPE MICHEL JULES/ 2920 NOVA DR ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BD4705 CHADWICK JAMES R TRUSTEE ET A 2921 NOVA DR ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BD4601 DOTY DOUGLAS PIDEBORAH A 38294 ROAD G MANCOS, CO 81328 PA -T1-2022-00189 391 E14BC600 FREEMAN KIMBERLYIMARK W 771 JAQUELYN ST ASHLAND, OR 97520 PA -T1-2022-00189 391E14BC1200 HARDY LUCINDA 824 CLAY ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BD4500 KALNAY TOMOEIPETER A 777 CAPELLA CIR ASHLAND, OR 97520 PA -T1-2022-00189 391E14BC1500 LAUGHLIN JOSEPH LIKOREN JOYCE 852 CLAY ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BC1300 MARIE CLAIRE 777 JAQUELYN ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BC2100 MIDDLETON BARBARA A TRUSTEE E 2815 DIANE ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BC2102 BERLIN ALAN S TRUSTEE ET AL 2795 DIANE ST ASHLAND, OR 97520 PA -T1-2022-00189 391E 14BC1200 CHURCH T Bl LUCINDA HARDY 824 CLAY ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BD4604 EATON JASONIKELLY PO BOX 3205 ASHLAND, OR 97520 PA -T1-2022-00189 391 E146C700 FREEMAN KIMBERLY/MARK W PO BOX 225 'ASHLAND, OR 97520 PA -T1-2022-00189 391E14BO4707 HERSH ALAN S ET AL 2930 NOVA DR ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BD3700 KAPROS GEORGE L TRUSTEE ET AL 2929 DIANE ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BD4511 LEVINE NICHOLAS AIRACHEL A 799 CAPELLA CIR ASHLAND, OR 97520 PA -T1-2022-00189 391E14BC1601 MCKEEVER JOSEPH D TRUSTEE 848 CLAY ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BC1100 MILLER ALAN D TRUSTEE ET AL 814 CLAY ST ASHLAND, OR 97520 PA -T1-2022-00189 391E14BC1800 BOHN LARRY ALAN/MARGARET ELLA 858 CLAY ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BD4708 DAVIS GEOFFREY R 2940 NOVA DR ASHLAND, OR 97520 PA -T1-2022-00189 391EI4BD4602 ECK REVOCABLE TRUST ET AL 772 JAQUELYN ST ASHLAND, OR 97520 PA -T1-2022-00189 391E14BC2700 GORDON DONALD AIGORDON JUSTIN 583 PRIM ST ASHLAND, OR 97520 PA -T1-2022-00189 INTEGRITY BUILDING PO BOX 225 ASHLAND, OR 97520 PA -T7-2022-00189 391 E14BC1400 KUWABARA MASANORI/NORIKO 783 JAQUELYN ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BC1900 LIVNI GIL TRUSTEE ET AL 2974 CHAPMAN LN ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BC2000 MELLECKER DENNIS LIPAULETTE M 2909 DIANE ST ASHLAND, OR 97520 PA -T1-2022-00189 391 El4BO4508 MURPHY THOMAS V TRUSTEE ET AL 755 CAPELLA CIR ASHLAND, OR 97520 PA -T1-2022-00189 PA -T1-2022-00189 PA -T1-2022-00189 391 E14BD4704 POLARIS LAND SURVEYING ROGUE PLANNING & DEVELOPMENT SIEGL MICHAEL XTINA M 151 CLEAR CREEK DR 1314-8 CENTER DR., PMB#457 2935 NOVA DR ASHLAND, OR 97520 MEDFORD, OR 97501 ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BC2101 SPADONE MARIAN N 2805 DIANE ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BD3600 WEST BECKY JEAN LIVING TRUST 2919 DIANE ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BD4603 PA -T1-2022-00189 391 E14BC800 TOTTEN NORJNNE WALDORF SHEILA EILAN TRUSTEE 2305 ASHLAND ST C 238 808 CLAY ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BD4600 783 Jaque{yn NOD WRIGHT KYLE LIMARGARET L 10/06/22 782 JAQUELYN ST 35 ASHLAND, OR 97520 Plann;ing Department, 51 Winburn Way, Ashland, Oregon 97520 CITY OF 541-488-5305 Fax: 541-552-2050 www. ash land 00-735-2900 ASHLAND PLANNING ACTION: PA -T'1-2022-00189 SUBJECT PROPERTY: 783 Jaquelyn Street. APPLICANT/OWNER: Rogue Planning for Masanori & Noriko Kuwabara DESCRIPTION: A request for a Physical and Environmental (P&E) Constraints Review Permit to authorize the construction of a new detached residential unit on the property located at 783 Jaquelyn Street. The proposed construction is within the Ashland Modified Flood Plain, which covers over half of the property. One 12 -inch DBH Pine tree is proposed for removal in concurrence with the P&E Permit. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 3 )�9 1E 14 BC; T.A.X LOT: 1400 NOTE: The Ashland Tree Commission W111 review this Planning Action at an electronic public hearing on Thursday, September 7th at 6:00 PM' See page 2 of this notice for information about participating in the electronic public hearing. NOTICE OF COMPLETE APPLICATION: August 25, 2022 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 8, 2022 ..... . . .. .. ............ .. 3000 2934 764 2962 2990 762, 70 1 698 2948 2976 699 BOB 0 771 703 VVV�, 2935 I IRR 2921 2945 2961 2971 2995 5" X 2 "?'A gz, 3005 t 814 824 777 2920 2930 gg I �2962 2974 ........... I/M 2990 Poll '15, dry% 'J, 3000 2,111 642 RM U , 4 852 760 783 01 757 848 758 759 752 761 75,5 fi tr Vj 772 wwwwwwm lmlmnlm // "777 791 In. Suibject Property 782 . . . . . . . . 776 715 783 Jaq:uelyn St 795 PA -Tl -2022-001189 795 792 796 799 R 816 7R8 858 81 6 858 ME 82' 876 2775 2785 2795 2805 2909 2919 2929 2939 2951 2959 2971 2979 2989 2999 2815 878 Zg�l 7— 7'U"/ogg ""g ,777, Q A o WFURP/g/ g�' g 1""A 7 m eg `21V 2765 A 865 1:960incktq-t 80 40 a so Ito 240 390 Mapping Is schernaliconty and be�m no wanarly of accuracy, C IT V OF ct.—, .1—f .. & or nc.d—y ivam�b- 0 25 50 100 150 200 11 should bc Indupendendy held vcrMed for exidence andlor tocatian ASHLAND Feet I I I Feet Ail fa11960 OVER ActionsTAs by Street\PJ,'�cquelynJaquelyn_793,JaqLlelyn,,�783,PA-'I'I -=2-00 G 89\Nvii 6 ft agjuelp i_793PA-T 1 -2022. 00 1 89_ N OC.docx C; Tree Commission Meetint� Notice is hereby given that theTree Commission will hold an electronic public hearing on the above-described planning, action on the meeting date and time shown on Page 1, If You Would like to watch and listen to the Tree Commission meeting virtually, but not participate in any discussion, You can use the Zoom link posted on. the City of Ashland calendar website Oral testimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic meeting, send an email to PC-ptiblic-testiniony(q,)ashla,tid.or.tis by 10:00 am. on Thursday, September 8, 20,22. In order to provide testimony at the public hearing, please provide the following information: 1) make the subject line of the email "Advisory Commission 'Festiniony Request", 2) include your name, 3) specify the date and commission meeting you wish to testify at, 4) specify the agenda item you wish to speak to, 5) specify if you will be participating by computer on telephone, and 6) the narne you will use if participating by computer or the telephone number you will use if participating by telephone, In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable: the City to make reasonable arrangements to ensure accessibility to the meeting, (28 CUR 35.102.-35.104 ADA Title 1). The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice. Because of the COVI D-1 9 pandemic, application materials are provided online and comments will be accepted by email. Alternative arrangements for reviewing the application or submitting comments, can be made by contacting (541) 488-5305 or planning.@ashiand.or.US. A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at bjtpaAgjLg�ih l,net.or.us/developmentproolosal /. Copies of application materials will be provided at reasonable cost, if requested. Under extenuating circumstances, application materials, may be requested to be reviewed in-person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing la n n ing(d), ash land. or. us. Any affected property owner or resident has a right to Submit written comments to, p jgD!1Jnq(d,ashiand.or. Lis or to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4.30 p.m. on the deadline date shown on Page 1 Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 -day comment period, After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision Must be made in writing: to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.10 The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in, circuit court. If You have questions or comments concerning this request, please feel free to contact Aaron Anderson at aaa,on.aiidersoii�g,,Iil�and.o�r....LIS or 541-488-5305. PHYSICAL & ENVIRONMENTAL CONSTRAINTS 18,110,050 An application for a Physical Constraints Review Permit is subject to the Type I procedure in section 18.5,1.050 and shall be approved if the proposal meets, all of the following criteria. A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development, C, That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shalll 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. AQ60nskPAs by PA -T 1-2021-00189\Naficingdaquelyn 783 IPA. -T'1-,2022-001.89 NOC,docN AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On August 25, 2022, [ caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for the Planning Action #PA -T1-2022- 00189 for 783 Jaquelyn. VchaeCSuEliyan Signature of Employee GAcomm-davlplanninglFlanningALUonsfts bySteet RJaqueiynLdaquelyn_783lJaque€yn_783_PA-T1-2022-001891Notcing5Jaquelyn_783_PA-T1-2422-00189_AFFIOAVITOFMAILING_Regan.docz131252022 PA -T1-2022-00189 391E14BD4706 i A -T1-2022-00189 391E14BC2102 ANDRES PHILIPPE MICHEL JULESI BERLIN ALAN S TRUSTEE ET AL 2920 NOVA DR 2795 DIANE ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2022-00189 391E149D4705 CHADWICK JAMES R TRUSTEE ET A 2921 NOVA DR ASHLAND, OR 97520 PA -T1-2022-00189 39IE14BD4601 DOTY DOUGLAS PIDEBORAH A 38294 ROAD G MANCOS, CO 81328 PA -T1-2022-00189 391E14BC600 FREEMAN KIMBERLY/MARK W 771 JAQUELYN ST 'ASHLAND, OR. 97520 PA -T1-2022-00189 391 E14BC1200 HARDY LUCINDA 824 CLAY ST ASHLAND, OR 97520 PA -T1-2022-00189 391E14BD4500 KALNAY TOMOEIPETER A 777 CAPELLA CIR ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BC1500 LAUGHLIN JOSEPH UKOREN JOYCE 852 CLAY ST ASHLAND, OR 97520 PA -T1-2022-00189 391E14BC1300 MARIE CLAIRE 777 JAQUELYN ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BC2100 MIDDLETON BARBARA A TRUSTEE E 2815 DIANE ST ASHLAND, OR 97520 PA -T1-2022-00189 39IE14BC1200 CHURCH T BI LUCINDA HARDY 824 CLAY ST ASHLAND, OR 97520 PA -T1-2022-00189 391E14BD4604 EATON JASON/KELLY PO BOX 3205 ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BC700 FREEMAN KIMBERLYIMARK W PO BOX 225 ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BD4707 HERSH ALAN S ET AL 2930 NOVA DR ASHLAND, OR 97520 PA -T1-2022-00189 391E14BD3700 KAP ROS GEORGE L TRUSTEE ET AL 2929 DIANE ST 'ASHLAND, OR 97520 PA -T1-2022-00189 391E14BD4511 LEVINE NICHOLAS A/RACHEL A 799 CAPELLA CIR ASHLAND, OR 97520 PA -T1-2022-00189 391E14BC1601 MCKEEVER JOSEPH D TRUSTEE 848 CLAY ST ASHLAND, OR 97520 PA -T1-2022-00189 391E1413C1100 MILLER ALAN D TRUSTEE ET AL 814 CLAY ST ASHLAND, OR 97520 r r, -T1-2022-00189 391 EI4BC1800 BOHN LARRY ALANIMARGARET ELLA 858 CLAY ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BD4708 DAVIS GEOFFREY R 2940 NOVA DR ASHLAND, OR 97520 PA -T1-2022-00189 39IE14BD4602 ECK REVOCABLE TRUST ET AL 772 JAQUELYN ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BC2700 GORDON DONALD AIGORDON JUSTIN 583 PRIM ST ASHLAND, OR 97520 PA -T1-2022-00189 Integrity Building PO BOX 225 Ashland, OR 97520 PA -T1-2022-00189 391EI4BC1400 ' KUWABARA MASANORUNORIKO 783 JAQUELYN ST ASHLAND, OR 97520 PA -T1-2022-00189 391 E14BC1900 LIVNI GIL TRUSTEE ET AL 2974 CHAPMAN LN ASHLAND, OR 97520 PA -T1-2022-00189 391E14BC2000 MELLECKER DENNIS UPAULETTE M 2909 DIANE ST ASHLAND, OR 97520 PA -T1-2022-00189 391E14BD4508 MURPHY THOMAS V TRUSTEE ET AL 755 CAPELLA CIR ASHLAND, OR 97520 PA -T1-2022-00189 PA -T1-2022-00189 PA -T1-2022-00189 391 E14BD4704 Polaris Land Surveying Rogue Planning and Development SIEGL MICHAEL JITINA M PO BOX 490 1314-B Center Drive 2935 NOVA DR Ashland, OR 97520 Medford, OR 97501 ASHLAND, OR 97520 lommomm RMEM PA-T1-2022-00189 391E14BC2101 A-T1-2022-00189 391E14BD4603 SPADONE MARIAN N TOTTEN NORINNE 2805 DIANE ST 2305 ASHLAND ST C 238 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2022-00189 391E14BD3600 PA-T1-2022-00189 391E14BD4600 WEST BECKY JEAN LIVING TRUST WRIGHT KYLE LIMARGARET L 2919 DIANE ST 782 JAQUELYN ST ASHLAND, OR 97520 ASHLAND, OR 97520 rM-T1-2022-00189 391 E14BC800 WALDORF SHEILA FILAN TRUSTEE 808 CLAY ST ASHLAND, OR 97520 8 24.2022 NOC 783 Jaqueiyn 35 IrAilFRI I AbI Planning Division 51 Winburn Way, Ashland OR 97520 ciTv or 5111-411-5305 Fax 541-488-6006 ASHLAND U01 L, III il 1029 A if DESCRIPTION OF PROJECT Physical Constraints for development in Ashland Modified Rood Protection Zone DESCRIPTION OF PROPERTY Street Address 78'3 Jaquelyn Assessor's Map No. 391 E Zoning R-1-7.5 APPLICANT Pursuing LEED@ Certification? 0 YES 9 NO Tax Lot(s) Comip Plan IV. signationgle Family Residential Name Rogue Planning & Development Services Phone 541-951-40202 E-mail amygunter.planning@gmaiI.com Ity Medford- zip 97501 PROPERTY OWNER Name Masanori and Noriko Kuwabara Phone E -Mail kuwabara.yu@gmail.com Address 783 Jaquelyn City Ashland _zip 97520 SURVEYOR ENGINEER ARCHITECT, LANDSCAPE ARCHITECT OTHER Title Designer/BuilderName Integrity Build,ing _Phone 541-890-2371 E -Mail iiitLgritybuildVragcontraGlors@gnaaiV con, City Ashland Zip 97520 Polaris Land Surveying Ph.. 541-488-5039 E -Mail �kiawn@polarisIandsurveyxorn Title Surveyor Name PO BOX 490 Ashland Zi97520, Address City p I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact„ are in afirespects, 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 nie are adequate,- and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. If I have any doubts, I am advised to seek competent professional advice and assistance, — 4mwl–a tea...-..,--—..--...— --­ . .... Applicad s gignature Date As owner of the property involved in this request, I have read and understood the complete application and its consequences to n7e as a property owner. Property Owner's Signature (required) Date [To be compMed by Cky SM) -0 Date Received Zoning Permit Type Filing Fee $ V, OVER 0� G konim-devtpkumingTonns &I fandumtsVoning Pemit Appficadon doc ZONING PERMIT SUBMITTAL. REQUIREMENTS E APPLICATION FORM must be completed and signed by both applicant and property owner. L�1 PLANNING FEES FORM must be completed and signed by both applicant and property owner. o 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. TRUE SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 11x17 inches. Include site plan, building elevations, parking and landscape details. o FEE (Check, Charge or Cash) ❑ LEED® CERTIFICATION (optional) —Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps; • Hiring and retaining a LEED® Accredited Professional as part of the project team throughout design and construction of the project; and • The LEED® checklist indicating the credits that will be pursued. NOTE: • Applications are accepted on a first come, first served basis. • Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. • All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227.178. • The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St). • A notice of the project request will be sent to neighboring properties for their comments or concerns. • If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. G�lconun-devlpfatwing5i'onns k HmidautsVon{ng Pemik Applicadan.do July 12, 2022 Physical and Environmental Constraints Review for Development within the City of Ashland Flood Protection Zone Subiect Prooert Address: 783 Jacquelyn Street Map & Tax Lot: 39 1E 14BC; 1400 Comprehensive Plan Designation: Single Family Residential Zoning: R-1-5 Adjacent Zones: R-1-5 Lot Area: 24,393.6 square feet (.56 ac) Overlays: Physical and Environmental Constraints Floodplain Development Water Resource Protection Zone Property Owner: Masanori and Noriko Kuwabara 783 Jaquelyn Street Ashland, OR 97520 Building Designer / Contractor: Integrity Building Design PO BOX 225 Ashland, OR 97520 Planning Consultant: Rogue Planning & Development Services, LLC 1314-B Center Dr., PMB#457 Medford, OR 97501. Request: The request is for a Floodplain Development review approval to allow for the construction of a 1,150 square foot detached residential unit. The new residential unit is proposed to be located to the northwest of the existing single-family residence. The majority of the property is within the Ashland Modified Flood zone and is subject to the development regulations of the development requirements per AMC 18.3.10.080. The proposed construction does not impact the Federal Insurance Administrations Flood Insurance Rate Maps (FIRM), 100 -year floodplain. Construction within the 500 -year floodplain is not subject to 1 regulation. Upon completion of the construction the property will not exceed lot coverages, the proposed structure complies with setbacks including the solar setback ordinance. 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 115.36 of frontage along Jaquelyn Street and extends 212.38, feet to the west. The site is approximately, 24,393 square feet. Clay Creek, a local stream flows to the north along the rear property line. Clay Creek is identified as a HRM 100 -year, AE floodplain. A LOMA was filed and approved on the property in September 2021. FEMA has determined the property is not subject to inundation by the flood having a 1 -percent chance of being equaled or exceeded in any given year (base flood). Clay Creek also has the Ashland Modified Flood Protection Zone. Both these flood zones cover more than 50 percent of the property's area. Clay Creek is also considered a Local Stream and has a 30 -foot from centerline Water Resource Protection Zone buffer, There is a 2,556 square foot, single family residence on the site that was constructed in 1988. The site is accessed via a concrete driveway near the north property line. The driveway extends toward the rear of the property. Flood zone designations: Darker blue = ARM 100 -year floodplain Light blue = 500 -year floodplain XXX = Ashland Modified Flood zone There are two 12 -inch DBH Pine trees in the proposed construction. One of the 12 -inch DBH Ponderosa pines is proposed for removal. There are numerous other decisions and conifer trees to the west of the proposed structure within the floodplains and the riparian buffer zone of Clay Creek. Jaquelyn Street is presently unimproved, with gravel surface along the frontage of the property. There are no curb, gutter, or sidewalk along the frontage of the property. Jaquelyn Street has some segments of Y2 street improvements including curb, gutter,, and asphalt. Most of the street is chip -sealed, and/or decomposed granite,. Jaquelyn Street is classified as a neighborhood street. N Proposal: The request is for a Physical and Environmental Constraints Review for development within the Flood Protection Zone. Most of the property is within adopted flood zones. The flood zone boundaries include either the city of Ashland flood protection zone or within the FEMA, FIRM Special Floodplain Hazards Area (SFHA) floodplain for Clay Creek. The proposed structure is single story, and the finished floor will be two feet above the Base Flood Elevation of 2068.93 feet. Excepting the front yard area and the rear patio and deck area at the rear of the residence, construction on the property is regulated by the floodplain development standards. The existing home layout, the established outdoor living areas prevent the second dwelling from being located on the south side of the structure or attached to the residence. The front yard setback standards prevent construction between the single-family residence and the street. The proposed area of development is the most 'developable' area of the property and where potential flood hazards are lessened. Additionally, the area of proposed development is a level grade that is presently used for surface parking area. It can be found that the proposed second unit with a compact footprint, is not within the federally regulated special flood hazard areas (SFHA). The building where in the Ashland Modified Flood Zone provides for compliance with Oregon Building Codes for flood development permit and a raised finished floor. The development limits encroachment into the Ashland Modified Flood Zone when considering more than 50 percent of the property within the regulated flood zone. Thank you for your consideration. Amy Gunter Rogue Planning & Development Services 541-951-4020 93 Findings of Fact Physical 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 18.5.1.050 and shall be approved if the proposal meets all of the following criteria. A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. Finding: The proposed construction is not within the boundaries of the more restrictive, federally protected, FEMA Special Flood Hazard Area 100 -year floodplain. The property has had an assessment of the flood impacts and a Letter of Map Amendment that removed portions of the property from the FEMA SFHA. The proposed development is within the adopted Ashland Modified Flood zone. Potential for adverse impacts is very minimal in the Ashland Modified flood zone. The proposed structure and associated development will not have an adverse impact on the property or downstream properties. The proposed structure will be constructed in a manner which is anchored and will not have a risk of collapse or washout. 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. 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 property is indicative that flooding has ever occurred onto the portions of the property where development proposed. The vegetation types are upland species such as pine and fir. The proposed structure has a finished floor which is above the Base Flood Elevation of the SFHA that was removed from the area of the proposed construction. This mitigates any potential hazards. 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. Finding: The new areas of disturbance within the Ashland Modified flood zone is minimal. There is not a way to construct outside of the front yard setback area that is not within the Ashland Modified flood zone are very minimal. 4 The proposed structure is 1,150 square feet and represents the area of allowed disturbance in the floodplains. 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 up to or within the structure. A silt barrier fence will be installed at the upper limits of the floodplain and per the site plan during construction. AMC 1.8.3.10.080 Development Standards for Flood Plain Corridor Lands For all land use actions that could result in development of the Flood Plain Corridor, the following is required in addition to any requirements of AMC 15.10. A. Standards for Fill in Flood Plain Corridor Lands. 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 PIain 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 measured from April 1989 and shall not exceed the above amounts. These amounts are the maximum cumulative fill that can be imported onto the site, regardless of the number 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 5 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. S. 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 All fill will be designed in accordance with the Oregon Structural Specialty Code and Oregon Residential Specialty Code and adequate drainage will be provided. The 33.78 cu yards of fill includes the area of the slab footing to the finished floor. The fill is a minimum to construct the concrete footing which is proposed at 2,071 feet. This is outside of the FEMA floodplain. Within the modified flood zone there is less than 50 cu yards of material and is less than the thresholds for fill from the criteria above. 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 100 -year flood without any increase in the upstream flood 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 stream crossings shall be kept to the minimum necessary to achieve property access, but is exempt from the limitations in subsection 18.3.10.080.A, above. Finding: Not applicable. No crossings are necessary. C. Elevation of Non -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 maps adopted by AMC 15. 10, or up to the elevation contained in the official maps adopted by section 18.3.10.070 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 18.3.10.070. Finding: 0 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 neaps adopted in 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 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 18.3.10.070, 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. Finding: There is an identified Ashland Modified flood zone elevation on the property that is 2070 feet — 2068 feet per the city of Ashland modified flood zone map. The structure is outside of the FEMA, SFHA identified floodplain. AMC 15.10 requires that structures within the SFHA be elevated two feet above the adopted SFHA BFE. The proposed building is elevated above the BFE even though outside of the regulated area. A surveyor has provided a pre -construction elevation certificate and will provide post construction elevation certificate if required by the building official. E. Structure Placement. To 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 land or the modified flood zone. The proposal is to construct a new structure outside of the federally regulated floodplain and place it completely within the Ashland special adopted flood zone. There is no evidence on or within the existing structure on this or the adjacent property that indicate these properties have had any flooding. No watermarks, silt, mud, debris, damage, mold, mildew, etc. or other evidence of flooding occurs. The proposed location of the structure is in an area of the property that would have the shallowest flooding. The base of the footing is proposed to be built at 2071 feet with the finished floor certified at 2073 feet. The FEMA approved L.OMA for the 100 -year floodplain is 2068.93 feet. This provides for a finished floor that is outside of the FEMA, Special Flood Hazard Area (SFHA) and not subject to the flood proofing standards of AMC 15.10. It can be found that the structure located at 2071 feet is above the BFE and 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 Land, unless 50 percent or more 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 Land, structures may be Iocated on that portion of the blood 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 18.3.10.080.x, 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. The areas outside of the floodplains is the front yard of the residence. The flood zone area includes the existing residence. The proposed structure is substantially more than 50 -feet from the riparian zone of Clay Creek. The proposed building is not within the FEMA floodplain boundaries and is outside of the Special Flood Hazard Area where the identified Base Flood Elevations area adopted. AMC 15.10 includes the explicit definitions of construction requirements within the floodplains and those are directly related to the Base Flood Elevations from the Flood insurance Study, the reasonability is based on historical data, highwater marks, evidence of past flooding, etc. None exist on site. Where elevation data is not available, either through the Flood insurance Study or from another authoritative source (Section 15.10.070.C) applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The proposed construction is outside of the federally regulated floodplain and is elevated above the identified floodplain. G. New Non -Residential Structures. New non-residential uses may be located on that portion of Flood Plain Corridor Lands that equal to or above the flood elevations on the official maps adopted in section 18.3.10.070 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. Fin._ _ dingy The proposal is to construct a residence. 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 further division of lots that are larger than the minimum 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, pesticides or other hazardous chemicals will occur in the floodplain. K. Fences. Fences shall be located and constructed in accordance with subsection 18.3.1.1.050.B.3. Fences shall not be constructed across any waterway or stream identified on the official maps adopted pursuant to section 18.3.10.070 Official Maps. Fences shall not be constructed within any designated floodway. Finding: 0 No changes to the fencing are proposed. L. Decks and Other Structures. Decks and structures other than buildings, if constructed on Flood Plain Corridor Lands and at or below the levels specified in subsections 18.3.10.080.0 and D, shall be flood -proofed to the standards contained in AMC 15.10. Finding: The decks for the second dwelling will be constructed to the standards 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 18.3.11 Water Resources Overlay, or in the Flood Plain Corridor as outlined below. Finding: The utilities will be extended from Jaquelyn Street to the proposed dwelling. These are within the existing disturbed area of the driveway and will not increase flood corridor impacts. This is the least impact in the flood zone. L 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 Creels 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 map, 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. 10