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HomeMy WebLinkAboutMorton_1029_PA-T1-2023Jennifer Chenoweth From: Peter Baughman Sent: Monday, December 11, 2023 12:07 PM To: J. hayes; Jennifer Chenoweth Subject: Re: Tree mitigation 1029 Morton st Follow Up Flag: Follow up Flag Status: Flagged Sounds great, thanks! Get Outlook for iOS From: J. hayes <jhayes_1@hotmail.com> Sent: Monday, December 11, 2023 11:45:25 AM To: Jennifer Chenoweth <jennifer.chenoweth@ashland.or.us>; Peter Baughman <peter.baughman@ashland.or.us> Subject: Re: Tree mitigation 1029 Morton st [EXTERNAL SENDER] Just confirming before I place this order. 2 Autumn Blaze maples 11/2-13/4 caliper 1 River Birch 2" caliper 2 Gala Apples 11/2" caliper Thanks Jimmy Get Outlook for iOS From: Jennifer Chenoweth <jennifer.chenoweth@ashland.or.us> Sent: Tuesday, December 5, 2023 11:52:09 AM To: Peter Baughman <peter.baughman@ashland.or.us>; J. hayes <jhayes_1@hotmail.com> Subject: RE: Tree mitigation 1029 Morton st Thanks for the clarification. It all sounds good. Jennifer Chenoweth, Associate Planner Pronouns she, her City of Ashland Community Development 51 Winburn Way, Ashland, Oregon 97520 541.552.2045 1 TTY 800.735.2900 .iennifer.chenoweth(@ashland.or.us online ashland.or.us, social media (Facebook @CityofAshlandoregon I Twitter @CityofAshland) This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. if you have received this message in error, please contact me at 541.552.2045 From: Peter Baughman <peter.baughman@ashland.or.us> Sent: Tuesday, December 5, 2023 11:41 AM To: Jennifer Chenoweth <jennifer.chenoweth@ashland.or.us>; J. hayes <jhayes_1@hotmail.com> Subject: Re: Tree mitigation 1029 Morton st Thanks Jennifer, After reading your email, I realized I miscounted. There would only need to be two fruit trees to get a total of five. Sorry, and hope that will suffice for mitigation. Pete Get Outlook for iOS From: Jennifer Chenoweth <Jennifer.chenoweth@ashland.or.us> Sent: Tuesday, December 5, 2023 11:15:52 AM To: Peter Baughman <peter.baughman@ashland.or.us>; J. hayes <[hayes_1@hotmail.com> Subject: RE: Tree mitigation 1029 Morton st Peter and Jimmy, Thank you both for coordinating the offsite mitigation needs for the development at 1029 Morton. I have discussed the mitigation proposal with the Planning Manager, and we agree that this proposal will suffice for offsite mitigation given that the replace is one-for-one(5 trees minimum) or a little better. Jimmy, once you and Peter decide on specific trees and sizes to order and once the order is placed then, please send me the receipt for the records. If either of you have any questions in the meantime, please reach out. Thanks! Jenn N E City of Ashland Community Development 51 Winburn Way, Ashland, Oregon 97520 541.552.2045 1 TTY 800.735.2900 .iennifer.chenoweth(@ashland.or.us online ashland.or.us, social media (Facebook @CityofAshlandoregon I Twitter @CityofAshland) This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. if you have received this message in error, please contact me at 541.552.2045 From: Peter Baughman <peter.baughman@ashland.or.us> Sent: Tuesday, December 5, 2023 11:41 AM To: Jennifer Chenoweth <jennifer.chenoweth@ashland.or.us>; J. hayes <jhayes_1@hotmail.com> Subject: Re: Tree mitigation 1029 Morton st Thanks Jennifer, After reading your email, I realized I miscounted. There would only need to be two fruit trees to get a total of five. Sorry, and hope that will suffice for mitigation. Pete Get Outlook for iOS From: Jennifer Chenoweth <Jennifer.chenoweth@ashland.or.us> Sent: Tuesday, December 5, 2023 11:15:52 AM To: Peter Baughman <peter.baughman@ashland.or.us>; J. hayes <[hayes_1@hotmail.com> Subject: RE: Tree mitigation 1029 Morton st Peter and Jimmy, Thank you both for coordinating the offsite mitigation needs for the development at 1029 Morton. I have discussed the mitigation proposal with the Planning Manager, and we agree that this proposal will suffice for offsite mitigation given that the replace is one-for-one(5 trees minimum) or a little better. Jimmy, once you and Peter decide on specific trees and sizes to order and once the order is placed then, please send me the receipt for the records. If either of you have any questions in the meantime, please reach out. Thanks! Jenn N F Memo 8 Dec 2023 DE I¢<p PROFFS \AG I N 67 `9i0 c� 21 P To City of Ashland Community Development From Brian Dunagan 51 Winburn Way OR GON Ashland, OR 97520 0 D. DOS 4 . Project I B20970 I Hayes Residence Subject I Review of Soils at 1029 Morton Street, Ashland, OR Comments B20970 Powered by BaseBulldersxom expires 12/31/25 12/08/2023 DEI Engineers has completed two test pits and a review of the exposed soils, taking soil samples at each foot to a depth of 0'-0". The exposed soils from 2'-0" and below are weathered decomposed granite, dense to very dense silty sand (SM); low plasticity soils with the density and hardness increasing with depth. These soils are consistent with the Natural Resources Conservation Service, Web Soil Survey (see attached) The proposed project for the site is a multi-level wood framed structure with concrete stem walls supported on typical spread footings, interior isolated concrete piers, and retaining walls. Based on our investigation, the soils will provide suitable structural support and re -use as structural fill. Per Table R401.4.1 of the 2018 IRC, a presumptive load-bearing value of 3,000 psf may be used for design. This value may be increased by a factor of 1.33 when considering lateral loading such as wind or seismic. A coefficient of base friction of 0.40 may be used for design. In addition, active loading and passive resistance of 35 psf/f and 350 psf/f may be considered for adjacent soils acting on vertical members such as retaining structures or stemwalls. If the soil profile is not confined by slab or pavement, the surface 1 -foot of backfill shall be ignored as a part of the retaining structure design. Based on our observations the erosion control plan, grading plan, and the proposed foundation design are in substantial conformance with the standard of practice in areas with soils composed of decomposed granite. The site shall be observed periodically during construction to determine if additional measures are required to control erosion. In conclusion, based on the observed soil conditions at the site, as outlined above, the lot is suitable for the proposed development of the the multi-level wood framed structure. This is consistent with the original intent for the site and is consistent with the surrounding structures in the neighborhood. Please contact us if you have any questions. Office: 1575 Delucchi Lane #128 Reno, NV 89502 (775) 329-2733 Mail, 4790 Caughlin Pkwy #766 Reno, NV 89519 www.DElengineers.com vi �115"j,, D June 12, 2023 Notice of Final Decision On June 12, 2023, the Community Development Director approved the request for the following: Planning Action: PA -T1-2023-00207 Subject Property: 1029 Morton Street Applicant: Rogue Planning & Development Services, LLC for James & Joy Hayes Description: A request for a Physical and Environmental Constraints Review Permit for the construction of a new residential home on hillside lands for the property located at 1029 Morton Street. The application also includes: 1) A request for Variance to lot coverage. The maximum lot coverage within the zone is 20 percent, and the application requests 22 percent coverage. 2) A request for an Exception to the Development Standards for Hillside Lands to allow a continuous horizontal building plane of 41 feet where 36 feet is the maximum length allowed; and 3) A request for a Tree Removal Permit to remove 14 trees including seven significant trees. COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR -.5-P; ASSESSOR'S MAP #: 391E16AC; TAX LOT: 435 The Community Development Director's decision becomes final and is effective on the 12" day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland 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) anal/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 Jennifer Chenoweth in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97521) Fax: 547.552.2050 ashiand onus TTY: 800,735,2900 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -T1-2023-00207 SUBJECT PROPERTY: 1029 Morton Street APPLICANT/OWNER: Rogue Planning & Development Services, LLC, agent for owners Jaynes & Joy Hayes DESCRIPTION: A request for a Physical and Environmental Constraints Review Permit for the construction of a new residential home on hillside lands for the property located at 1029 Morton Street. The application also includes: 1) A request for Variance to lot coverage. The maximum lot coverage within the zone is 20 percent, and the application requests 22 percent coverage. 2) A request for an Exception to the Development Standards for Hillside Lands to allow a continuous horizontal building plane of 41 feet where 36 feet is the maximum length allowed; and 3) A request for a Tree Removal Permit to remove 14 trees including seven significant trees. COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR -.5; MAP: 39 1E 16AC; TAX LOT: 435 SUBMITTAL DATE: March 14, 2023 NOTICE OF COMPLETE APPLICATION: May 10, 2023 STAFF APPROVAL DATE: June 12, 2023 APPEAL DEADLINE (4:30 P.M.): June 26, 2023 FINAL DECISION DATE: June 27, 2023 APPROVAL EXPIRATION DATE: December 27, 2024 DECISION Subject Property The property at 1029 Morton Street is accessed by an existing paved drive that parallels a cul-de- sac. The .37 acre vacant lot is irregularly shaped and is zoned Rural Residential, RR -.5. The property is part of the Park Estates 11 Subdivision, a Performance Standards Subdivision created in 1986. Most of the surrounding properties are single family homes with accessory structures. There is an open space lot located to the east of the subject property which was created during the subdivision. Current Proposal The application requests a Physical & Environmental (P&E) Constraints Review Permit to construct a new residence on Hillside Lands with potential Severe Constraints for the property at 1029 Morton Street. The application also requests 1) an Exception to the Development and Design Standards for Hillside Lands to exceed the maximum horizontal plane on the side of the residence facing the north property line, 2) a Variance to lot coverage, and 3) Tree Removal Permits to remove 14 trees of which seven are significant. Physical & Environmental (P&E) Constraints Review Permit The P&E permit process seeks to ensure development within Hillside Lands (per AMC 18.3.10.090) occurs in such a manner as to protect the natural and topographic character and by insuring that development does not create soil erosion, sedimentation of lower slopes, slide damage, flooding problems, and severe cutting or scarring. The subject property is proposing 1029 Morton/jnc PA #T1-2023-00207 Page 1 1 development on lands classified as Hillside Lands, Severe Constraint Lands, and Wildfire Lands. The application materials explain that the proposed development is occurring on slopes of 25-35 percent with the average slopes being 30 percent. Slopes 35 percent and over are proposed to remain primarily undisturbed. A slope analysis map is included and shows approximately 300 square feet of slopes greater than 35 percent which are considered "Severe Constraint Lands" on the lot --- this area is adjacent to the existing shared drive and along the north property line. The applicant acknowledges that a small portion - approximately 160 square feet of the 300 square feet of slopes greater than 35 percent identified on the slope analysis - will be impacted by the house footprint along the north property line. The building envelope has been designed to minimize impacts by concentrating the building footprint to the area adjacent to the existing shared drive, leaving a larger area undisturbed downslope. The application states that a geotechnical report will be submitted with the building plans. Building Envelope The application materials assert that there were no prescribed building envelopes when the lot was established. However, a pre-existing legal lot of record is buildable for single family residential development per Chapter 18.3.10.090.A.1, existingparcels without sufficient buildable areas less than or equal to 35 percent slopes shall be considered buildable for one single-family residence and an accessory residential unit. The application shows a building envelope designed to minimize impacts by concentrating the building footprint to the area adjacent to the existing shared drive, leaving a larger area downslope undisturbed, and complying with the standard setbacks for the zone. In addition, the property is shown to be similar in size, slope, and vegetation type as the adjacent properties. Limiting Disturbance The applicant emphasizes that the residence is sited in a manner to have the least disturbance by proposing development in the areas with the least steep slopes and least number of trees. Cut materials generated from homesite construction are proposed to be retained and used as fill materials to construct the new driveway to the home. The driveway has been designed to minimize impacts in limiting the length, width, and turnaround to the smallest footprint while accommodating for appropriate maneuvering of vehicles. The application materials include grading, drainage, retaining walls, and erosion control plans designed by professional geotechnical engineer, Brian Dunagan, P.E., of DEI Engineering. This application asserts that the geotechnical report from the original subdivision shows that the area selected for development is suitable for construction of single-family residences. The application states that geotechnical review of the plans will be provided with the building permit. A condition has been included below to require that a geotechnical report be submitted with the building permit as proposed by the applicant. Erosion Control The application states that silt fencing or similar is proposed to be used during construction to limit and prevent erosion, and that all erosion control measures will remain in place throughout construction. The site plans show that stoimwater will be collected from the roof drain and connected to the City's existing storm drain line. Tree protection fencing will be installed and 1029 Morton/inc PA #TI -2023-00207 Page 12 maintained during construction and will remain in place until there is no additional site disturbance. Disturbed areas will be revegetated with native grass seed mix. Variance to Lot Coverage (AMC 18.5.5.030.A. 8) The applicant is requesting a Variance to Lot Coverage. The maximum Lot Coverage requirement in the RR -.S zone is 20 percent. The land was partitioned as a .37 acre lot during the 1986 subdivision. The current minimum lot area requirement for development in the RR -.5 land use zone is .5 acres. This would allow for 4,356 square feet of lot coverage, which in past actions has been recognized as the assumed minimum coverage needed to develop a single family residence and associated access and circulation within the zone. The lot here is undersized for the zone, but still needs to accommodate the same elements of development (i.e., home, driveway, etc.), and even with the Variance requested, the proposed coverage is still well below the assumed minimum coverage for a single family residence on the minimum -sized lot for this zone. In addition, there is an existing shared paved drive that was developed during the creation of the subdivision to provide access to 1029 Morton and two adjacent properties. The paved drive counts against the lot coverage for 1029 Morton but it cannot be removed by the applicant to respond to coverage limitations because it provides access to additional properties. The total proposed impervious surface calculated from applicant's site pians is 3,729.29 square feet or 23 percent Lot Coverage. The applicant is requesting an exception to further reduce the Lot Coverage to 22 percent. The applicant states that the rear deck (128.44 square feet) and exterior stairs and landings (67.76 square feet) will be constructed of porous materials to allow water to flowthrough and will not be counted as impervious surface. Per AMC 18.2.5.030, a total area of 200 square feet or five percent of the permitted lot coverage may be developed in an approved porous solid surface that allows stormwater infiltration and is exempt from the lot coverage maximum. This exemption does not apply to driveways and parking areas. Conditions have been included below to require that the applicant submit plans demonstrating the type of porous materials proposed for the rear deck, front stairs, and landing. These plans must show that the materials meet the porous solid surface definition in AMC 18.6.1.030.P to qualify for the exemption. Tree Removal & Tree Commission Review The application includes a request for Tree Removal Permits to remove 14 trees, of which seven are significant trees. The proposed tree removals were recommended by a certified arborist. The arborist determined that two of the seven significant trees are dead or dying, and all trees recommended to be removed are within the footprint or adjacent areas of construction disturbance. Trees outside the area of construction disturbance will be protected. The applicant is requesting alternatives to replanting five trees on site. Due to the existing dense canopy coverage on the north facing slope and because the lot is within the Wildfire Hazards Overlay, they are requesting not to replace in kind with large stature conifer trees, but rather to plant five smaller stature deciduous trees. A condition has been included below to require that mitigation of the trees removed shall be completed in a manner consistent with the mitigation requirements of AMC 18.5.7.050, inspected and approved. Required mitigation may be accomplished through replanting on-site on a one-for-one basis, replanting off-site, or payment to 1029 Morton/jnc PA #Ti -2023-00207 Page 13 the city's tree account in lieu of replanting. Final details of the proposed means of mitigation shall be provided with the building permit submittal. During the regular May 2023 meeting of the City of Ashland Tree Management Advisory Committee (TMAC), committee members express support for the applicant's plan as submitted. Exceptions to the Development Standards for Hillside Lands (AMC 18.3.10.096.H) As noted above, the application also includes an Exception to the Development Standards for Hillside Lands. Per AMC 18.3.10.090.E.2.d "continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer than 36 feet shall include a minimum offset of 6feet." Per Chapter 18.3.10.090.H, "an exception to the Development Standards for Hillside Lands may be granted if there are unique or unusual aspects of the site; the exception will result in equal or greater protection of resources; and the exception is consistent with the Purpose and Intent Chapter 18.3.10." The Exception would allow the horizontal plane of the garage, guest room and closet portion of the main level living area be 41 feet in length exceeding the standard length of 36 feet. The applicant states that the exception is proposed to limit construction in steeper sloped areas. The construction is proposed to be focused near the shared drive where slopes are the least steep, with the exception of the small area of slopes exceeding 35 percent northeast of the shared drive, and where there are less trees to be removed. Therefore, the exceedance of the horizontal plane from 36 foot minimum to 41 feet will likely reduce the overall impacts to natural resources than would occur if the building was to be constructed in a different configuration extending further downhill onto steeper slopes and a more densely forested area. In responding to the Physical & Environmental Constraints Review permit criteria, the application materials conclude that, "the original subdivision geotechnical report has indicated that the areas selected for development throughout the subdivision are suitable and the applicant's engineer has designed the erosion control, foundation type, and retaining wall design. The site is one of the last remaining vacant lots from a 1980s subdivision. All reasonable steps necessary to prevent negative impacts to adjacent properties and the environmentfor the development of the site have been factored into the site design and placement of the residence." Public Comments One public comment was received during the open public comment period. The main concerns expressed were regarding potential stormwater runoff impacts from development and potential erosion impacts due to tree removal. Staff has reviewed the site plans submitted by the applicant. The plans show that the proposed roof drains will collect and direct stormwater runoff to the existing City storm drain. The plans also identify areas of tree protection zones and propose to develop the lot with the least amount of disturbance to large trees and steep slopes. 1029 Morton/jnc PA #T1-2023-00207 Page 14 The approval criteria for a Physical & Environmental (P&E) Constraints Review Permit for the development of Hillside Lands are detailed in AMC Section 18.3.10.050 as follows: An application for a Physical Constraints Review Permit is subject to the Type I procedure in section 18.5.1.050 and shall be approved if the proposal meets all of the following criteria. A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. The approval criteria for an Exception to the Development Standards for Hillside Lands are detailed in AMC Section 18.3.10.090.H as follows: An exception under this section is not subject to the variance requirements of chapter 18.5.5 Variances. An application for an exception is subject to the Type I procedure in section 18.5.1.050 and may be granted with respect to the development standards for Hillside Lands if the proposal meets all of the following criteria. 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. 2. The exception will result in equal or greater protection of the resources protected under this chapter. 3. The exception is the minimum necessary to alleviate the difficulty. 4. The exception is consistent with the stated Purpose and Intent of chapter 18.3.10 Physical and Environmental Constraints Overlay chapter and section 18.3.10.090 Development Standards for Hillside Lands. The approval criteria for Variance are detailed in AMC Section 18.5.5.050 as follows: A. The approval authority through a Type I or Type II procedure, as applicable, may approve a variance upon finding that it meets all of the following criteria. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance. 2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. 1029 Morton/ju PA #TI --2023--00207 Page 15 1 The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. 4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant. B, In granting a variance, the approval authority may impose conditions similar to those provided for conditional uses to protect the best interests of the surrounding property and property owners, the neighborhood, or the City as a whole. The approval criteria for a Tree Removal Permit are detailed in AMC Section 18.5.7.040.8 as follows.- Hazard ollows: 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. a. 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. 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 shall be a condition of approval of the permit. 2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets all of the following criteria or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. C. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. 1029 Morton/ju PA #T1-2023-00207 Page 16 e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. Decision The application includes plans showing the location of the house takes advantage of developing the residence close to the existing access drive to leave the steeper areas undisturbed. The proposed driveway and building envelope preserve most of the trees on site. The lot is smaller in size than would now be allowed in the zone, and did not identify a building envelope, as it was created before the Hillside Ordinance was adopted. Staff finds that the proposal seeks to minimize site disturbance and preserve trees. This is shown to be accomplished by developing on the west lot line close to the existing paved drive rather than extending downslope in the steeper and more heavily trees areas on the site. In the staff's final assessment, we believe that the proposal here — including the requested exceptions — is in the same spirit in seeking to minimize the extent of the disturbance to a steeply sloped site. Staff finds that the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action 4PA-T1-2023-00207 is therefore approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #PA -T1-2023-00207 is denied. The following are the conditions, and they are attached to the approval: 1. That all proposals of the applicant be conditions of approval unless otherwise modified here. 2. That the plans submitted for the building permit shall be in substantial 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 land use approval shall be submitted and approved prior to issuance of a building permit. 3. That the building permit submittals shall include the following: a. Identification of all easements, including but not limited to any public and private utility easements, and fire apparatus access easements. b. 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. c. Final lot coverage calculations including all building footprints, driveways, parking, and circulation areas. Lot coverage shall be limited to that described in the application 1029 Morton/jnc PA #T1.-2023-00207 Page 1 7 materials. d. That stormwater from all new impervious surfaces and ran -off 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. e. A geotechnical report speaking to the suitability of the site for the development proposed and written verification from the project geotechnical expert confirming that the building permit submittals provided are consistent with the geotechnical report and its recommendations (e.g., grading plan, storm drainage plan, foundation plan, etc.). f. That the building foundation shall be designed by an engineer or architect with demonstrable geotechnical design experience in accordance with AMC 18.3.10.090.F. g. An agreement not to install kitchen cooking facilities in the upper floor office space or use the space as a separate dwelling unit without first receiving requisite permit approvals. 4. That the applicant must submit plans demonstrating the type of porous materials proposed for the rear deck, front stairs, and landing. These plans must show that the materials meet the porous solid surface definition in AMC 18.6.1.030.P to qualify for the exemption. The plans must be reviewed and approved prior to issuance of the final building permit. 5. Mitigation of the trees removed shall be completed in a manner consistent with the mitigation requirements of AMC 18.5.7.050, inspected and approved. Required mitigation may be accomplished through replanting on-site on a one-for-one basis, replanting off-site, or payment to the city's tree account in lieu of replanting. Final details of the proposed means of mitigation shall be provided with the building permit submittal. 6. That a revised Tree Protection Plan consistent with the standards described in 18.4.5 be submitted for review by the Tree Commission 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 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. 7. That a Tree Verification Permit shall be applied for and approved by the Staff Advisor prior to permit issuance, tree removal, or any site work including demolition, staging, storage of materials, or excavation. The Tree Verification Permit is to inspect the identification of the tree to be removed and the installation of tree protection fencing for the trees to be protected on and adjacent to the site. The tree protection shall be generally consistent with the requirements of AMC 18.4.5.030, with the understanding that more flexible fencing that typical chain link panels may be necessary as tree protection due to the site's steep slopes. 1029 Morton/jnc PA #T1-2023-00207 Page 18 8. That a final erosion control plan shall be provided for review and approval of the Planning, Building, and Engineering Divisions prior to the issuance of an excavation permit or commencement of any site work. Temporary erosion control measures (i.e., silt fence, wattles, or similar) shall be installed according to the approved plan prior to any site work, storage of materials, or issuance of an excavation or building permit. 9. That all measures installed for the purposes of longterm erosion control, including but not limited to vegetative cover, rock walls, retaining walls and landscaping shall be maintained in perpetuity on all areas in accordance with AMC 18.3.10.090.B.7. 10. The requirements of the Ashland Fire Department, including: addressing; home fire sprinkler system; firefighter access pathway; gate and fence; fuel break; construction; and vegetation.. (Note: If this project takes place dur°ing fir e season restrictions and is on lands protected by the Oregon Department of Forestry or within 1/8 of a mile of ODF protected lands, applicant shall follow the ODF restrictions at 1vralla).slaso/ire.coin or call (541) 664.3328). 11. That a `General Fuel Modification Area' fuel reduction plan addressing the requirements in AMC 18.3.10.100.11 shall be provided for the review and approval of the Fire Department prior to bringing combustible materials onto the, property, and any new landscaping proposed shall comply with the wildfire overlay zone standards and shall not include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028. 12. That Public Works permits and associated inspections shall be obtained prior to any work occurring within the public right-of-way. Where public improvements are required or completed, the developer shall submit reproducible as -built drawings and an electronic file of all public improvements constructed during and in conjunction with the project to the City of Ashland. As built drawings shall be submitted prior to final acceptance of the construction, initiating the one-year maintenance period. 13. That prior to final inspection approval or the issuance of a certificate of occupancy: a. Prior to the issuance of the certificate of occupancy or final Building Division inspection approvals, the project geo-technical expert shall provide a final report indicating that the approved grading, drainage and erosion control measures were installed as per the approved plans, and that all scheduled inspections were conducted by the project geotechnical expert periodically throughout the project. b. If mitigation includes replacement trees, then trees shall be planted and irrigated according to the approved plan. (� ; .�,•- % rune 12, 2023 Brandon Goldman, birector Date Department of Community Development 1029 Morton/jnc PA #T1--2023-00207 Page 1 9 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 June 12, 2023, 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #PA -T1-2023-00207, 1029 Morton Street. MichaeCSuClivan Signature of Employee G:%comm-de4lanningtManningAclonslPAsby S€reariMldortonNoAon_162gWioFlon_1029LPA-71-2023-9020ANoficinglNODWodon-1029 PA-T1-2023-00207_NOD Algdaviko(Mailing.docx6112I2023 PA -T1-2023-00207 391 E 16AB2121 ASHLAND PUB SCHOOL DIST #5 885 SISKIYOU BLVD ASHLAND, OR 97520 PA -T1-2023-00207 DEI ENGINEERING PO BOX 796 TALENT, OR 97540 PA -T1-2023-00207 391E16AC435 HAYES JOYIJAMES P 1550 DRAPER VALLEY RD SELMA, OR 97538 PA -T1-2023-00207 391 E16AB2001 KEEVIL THOMAS AIJEAN A 600 FOREST ST ASHLAND, OR 97520 PA -T 1-2023-00207 391 E161500 LESLEY CAROLYN E 500 ASHLAND LOOP RD ASHLAND, OR 97520 PA -T1-2023-00207 391E16AC444 MOORE MICHAEL 827 MORTON ST ASHLAND, OR 97520 PA -T1-2023-00207 391 E16AC414 RETTER BILL R TRUSTEE ET AL 781 MORTON ST ASHLAND, OR 97520 PA -T1-2023-00207 391E16BA712 SMITH SUSAN LEEIGREGORY W 491 ASHLAND LOOP RD ASHLAND, OR 97520 PA -T1-2023-00207 391 E16AC441 STOCKING JON TRUSTEE ET AL JON AND HOLLY STOCKING 1421 BRUCE AVE GLENDALE, CA 91202 Ecln-d'Od p2oga3 a1 Ja€anal ahaup a3nLIDLL�e1 eza!jdaN load Ase3 assaape,p saj}anbij3 PA -T1-2023-00207 391 E16BO500 BRYAN KADIE-ANN 525 ASHLAND LOOP RD ASHLAND, OR 97520 PA -T1-2023-00207 391 E16AC436 DOYLE JAMES/MARY 1023 MORTON ST ASHLAND, OR 97520 PA -T1-2023-00207 391E161400 HEIR RICHARD D TRUSTEE 510 ASHLAND LOOP RD ASHLAND, OR 97520 PA -T 1-2023-00207 391 E16AC437 KONING ROBERT CIRACHEL W 1015 MORTON ST ASHLAND, OR 97520 PA -Ti -2023-00207 391 E16AC438 MAHER JOHN MIAMY L PO BOX 695 ; LOS GATOS, CA 95031 PA -T1-2023-00207 391 El6AC417 PARK ESTATES ASSOC INC PO BOX 72 ASHLAND, OR 97520 PA -T1-2023-00207 CANOPY TREE CARE 157 MAX LOOP TALENT, OR 97540 PA -T1-2023-00207 391E16AC443 FERGUSON JOHN P TRUSTEE ET AL 209 DESERT VIEW ST LAS VEGAS, NV 89107 PA -T1-2023-00207 391E16AC415 KEENAN JAMES L TRUSTEE ET AL 795 MORTON ST ASHLAND, OR 97520 PA -T1-2023-00207 391E16AC439 LEE BRIAN 973 MORTON ST ASHLAND, OR 97520 PA -T1-2023-00207 391E16AC416 MALCOLM FAMILY TRUST ET AL 811 MORTON ST ASHLAND, OR 97520 PA -T1-2023-00207 391 El 6AC432 PARK ESTATES ASSOC INC PO BOX 72 ASHLAND, OR 97520 PA -T1-2023-00207 PA -T1-2023-00207 391 E16AC434 ROGUE PLANNING & DEV. SERVICES SCHALLER ALAN 1314-B CENTER DR. PM8#457 1035 MORTON ST MEDFORD, OR 97501 ASHLAND, OR 97520 PA -T1-2023-00207 391 E16AC445 SPIES-REECE CATERINAIMYRON GR j 1010 MORTON ST ASHLAND, OR 97520 PA -T1-2023-00207 391E16BD200 THALDEN BARRY TRUSTEE ET AL 550 ASHLAND LOOK RD ASHLAND, OR 97520 PA -T1-2023-00207 391 E16AC433 Montan St NOD WRIGHT CARL M TRUSTEE ET AL .10291029 X23 1030 MORTON ST 28 ASHLAND, OR 97520 PA -T1-2023-00207 391 El6AC442 STEELE SAMANTHA 861 MORTON ST ASHLAND, OR 97520 PA -T1-2023-00207 391 El 6AB2124 WELLER LANE HOMEOWNERS ASSN PO BOX 925 ASHLAND, OR 97520 Michael Sullivan From: Sent: To: Subject: Follow Up Flag: Flag Statues: [EXTERNAL SENDER] Tom Keevil <tom@keevil.org> Tuesday, May 23, 2023 9;00 PM planning PA -T-2023-00207 Follow up Flagged We would like to record our objections to planning action PA -T1-2023-00207, at 1029 Morton Street. We live on a 2.4 acre lot, downhill from this property, at 600 Forest Street. We have owned this property since 1976, and during that time there have been numerous restrictions placed upon our land by the city in recognition of the difficulties and hazards of building on steep hillsides. Although this has significantly diminished the value of our property, we fully support these limitations. This current action appears to be a request to simply ignore the planning requirements because the applicants wish to build a large house. A smaller house on a smaller footprint would not require a variance. In addition to the the principle involved, we would like to note -that our home was significantly damaged by runoff from the 1997 flood, which was enhanced due to the drainage from developed properties on Morton Street, Water Line Road and the Ashland Loop Road. We assume that the drainage from this new house and the associated paved areas will not be routed to a city storm drain system, but will simply be allowed to drain onto the downhill properties. A larger house will simply make this worse. This drainage problem will also be exacerbated by the removal of the trees. Finally, in this era of focusing on fire resiliency, the removal of seven fire resistant "trees of significance" is surely going against all that the City has been encouraging for the past several years. Also, the fewer trees removed, the less erosion and less disruption of an already fragile, forested environment. We recognize that this is a lot that provides challenges to builders, but believe that it is incumbent upon the owners to find a creative solution rather than simply ask that the rules not apply to them. Sincerely, Thomas and Jean Keevil 600 Forest Street Ashland, OR 97520 541-690-7157 tom@keevil.org �4S H LAN D00"' NOTICE OF APPLICATION PLANNING ACTION: PA -T1-2023-00207 SUBJECT PROPERTY: 1029 Morton Street OWNERIAPPLICANT: Rogue Planning & Development Services, LLC for ,James & Joy Hayes DESCRIPTION: A request for a Physical and Environmental Constraints Review Permit for the construction of a new residential home on hillside lands for the property located at 1029 Morton Street. The application also includes: 1) A request for Variance to lot coverage. The maximum lot coverage within the zone is 20 percent, and the application requests 22 percent coverage. 2) A request for an Exception to the Development Standards for Hillside Lands to allow a continuous horizontal building plane of 41 feet where 36 feet is the maximum length allowed; and 3) A request for a Tree Removal Permit to remove 14 trees including seven significant trees. COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR -.5-P; ASSESSOR'S MAP #: 391 E16AC; TAX LOT: 435 NOTICE OF COMPLETE APPLICATION: May 10, 2023. DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 24, 2023. PA -TI -2023-00207 1029 Morton Street 973. J50 COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax: 541.552.2050 aRhland.or.us TTY: 800.735.2900 �4S Fi L AN D The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice. A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at htt s:l is.ashiand.or.us/developmentproposals . Copies of application materials will be provided at reasonable cost, if requested. 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 planning(a-)ashland.or.us. Any affected property owner or resident has a right to submit written comments within the 14 -day comment period to plan ninct(a?ashland. or. us 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 the application. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision, An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. If you have questions or comments concerning this request, please feel free to contact Derek Severson at 541-552-2040 and derek.severson@ashland.or.us. 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 CFR 35.102.-35.104 ADA Title 1). PHYSICAL & ENVIRONMENTAL CONSTRAINTS 18.3.10.050 An application for a Physical Constraints Review Permit is subject to the Type I procedure in section 18.51050 and shall be approved if the proposal meets all of the following criteria. A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment, Irreversible actions shall be considered more seriously than reversible actions, The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance, EXCEPTION TO THE DEVELOPMENT STANDARDS FOR HILLSIDE LANDS 18.3.10.090.H An exception under this section is not subject to the variance requirements of chapter 18.5.5 Variances. An application for an exception is subject to the Type I procedure in section 18.5.1.050 and may be granted with respect to the development standards for hillside Lands if the proposal meets all of the following criteria. COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tei: 541.488.5305 WWI& Ashfand, Oregon 97520 Fax: 541.552.2050 ashland.ows TTY: 800,735.2900 CITY OF AS H L, N D" 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site, 2. The exception will result in equal or greater protection of the resources protected under this chapter. 3. The exception is the minimum necessary to alleviate the difficulty. 4. The exception is consistent with the stated Purpose and Intent of chapter 18.3.10 Physical and Environmental Constraints Overlay chapter and section 18.3.10,090 Development Standards for Hillside Lands. VARIANCE 18.5.5.050 1, The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances, A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance, 2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. 3. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and wit] further the purpose and intent of this ordinance and the Comprehensive Plan of the City. 4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant. TREE REMOVAL PERMIT (AMC 18,5.7.040.B) Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meats all of the following criteria, or can be made to conform through the imposition of conditions. a. 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. 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 shall be a condition of approval of the 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 is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10. b, Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks, C. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property, The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.57.050. Such mitigation requirements shall be a condition of approval of the permit. COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax: 641.552.2050 ashlond.or,i s TTY: 800.735.2900 AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2, On May 10 2023, 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #PA -T1-2023-00207, 1029 Morton. Xend'affEscuin Signature of Employee G,lcomm-devVIanningTianning AclionslPAs by Street JVAortonWodon_1029Uorton_1029_PA-Ti-2023.0020ANoldngMCtAortan_i029_PA-Tt-2023-002p7_NOC A3gdaAdaex 5!1012023 'A—T1-2023-00207 391 El6AB2121 ZHLAND PUB SCHOOL DIST #5 ;85 SISKIYOU BLVD kSHLAND, OR 97520 'A—Ti —2023-00207 391 E 16AC443 °ERGUSON JOHN P TRUSTEE ET AL °09 DESERT VIEW ST AS VEGAS, NV 89107 'A -T1-2023-00207 391E16AC415 ,EENAN JAMES L TRUSTEE ET AL 95 MORTON ST sSHLAND, OR 97520 'A—T1-2023-00207 391E16AC439 EE BRIAN 73 MORTON ST ,SHLAND, OR 97520 'A—T1-2023-00207 391 El6AC416 4ALCOLM FAMILY TRUST ET AL 11 MORTON ST ,SHLAND, OR 97520 'A—T1-2023-00207 391 El6AC414 TETTER BILL R TRUSTEE ET AL 81 MORTON ST .SHLAND, OR 97520 A—T1-2023-00207 391 El6AC445 PIES—REECE CATERINA/MYRON GR 010 MORTON ST SHLAND, OR 97520 A—T1-2023-00207 391 El6BD200 HALDEN BARRY TRUSTEE ET AL 50 ASHLAND LOOP RD SHLAND, OR 97520 A—T1-2023-00207 OGUE PLANNING & DEV. SERVICES 314—B CENTER DR. PMB#457 EDFORD, OR 97501 )29 Morton NOC 5/10/2023 7 i do -dog{ pJo[ja� al JaPnaJ ap uI}e OMLL Oey ej L za�jdad i � i s;ua�ed�uiorC�ane :�e� laed Ase] assaspe, p sa4janbi�3 PA—T1-2023-00207 391E16BD500 BRYAN KADIE—ANN 525 ASHLAND LOOP RD ASHLAND, OR 97520 PA -T1-2023-00207 391 E16AC435 HAYES JOYMAMES P 1550 DRAPER VALLEY RD SELMA, OR 97538 PA -T1-2023-00207 391 E16AB2001 KEEVIL THOMAS A/JEAN A 600 FOREST ST ASHLAND, OR 97520 PA -T1-2023-00207 391 E161500 LESLEY CAROLYN E 500 ASHLAND LOOP RD ASHLAND, OR 97520 PA—T1-2023-00207 391 E16AC444 MOORE MICHAEL 827 MORTON ST ASHLAND, OR 97520 I PA -Ti -2023-00207 391E16AC434 SCHALLER ALAN 1035 MORTON ST ASHLAND, OR 97520 PA—T1-2023-00207 391E16AC442 STEELE SAMANTHA 861 MORTON ST ASHLAND, OR 97520 PA -Ti -2023-00207 391 E16AB2122 WELLER LANE HOMEOWNERS ASSN PO BOX 925 ASHLAND, OR 97520 PA—T1-2023-00207 DEI ENGINEERING PO BOX 796 TALENT, OR 97540 PA -T1-2023-00207 391 E16AC436 DOYLE JAMES/MARY 1023 MORTON ST ASHLAND, OR 97520 PA—T1-2023-00207 391E161400 HEIR RICHARD D TRUSTEE 510 ASHLAND LOOP RD ASHLAND, OR 97520 PA—T1-2023-00207 391 E16AC437 KONING ROBERT C/RACHELW 1015 MORTON ST ASHLAND, OR 97520 PA—T1-2023-00207 391 E16AC438 MAHER JOHN M/AMY L PO BOX 695 LOS GATOS, CA 95031 PA—T1-2023-00207 391 E16AC417 PARK ESTATES ASSOC INC PO BOX 72 ASHLAND, OR 97520 PA—T1-2023-00207 391 El6BA712 SMITH SUSAN LEE/GREGORY W 491 ASHLAND LOOP RD ASHLAND, OR 97520 PA -T1-2023-00207 391E16AC441 ,STOCKING JON TRUSTEE ET AL JON AND HOLLY STOCKING 1421 BRUCE AVE GLENDALE, CA 91202 PA -T1-2023-00207 391 E16AC433 WRIGHT CARL M TRUSTEE ET AL 1030 MORTON ST ASHLAND, OR 97520 'PA -Tl -2023-00207 CANOPY TREE CARE 157 MAX LOOP TALENT, OR 97540 _-,��C I T Y 0 F ,!ASHLAND Applicant's Statement of Completeness (To be completed by the Applicant and returned to the City ofAshlcnnd Planning Division) Re: PA -TI -2023-00207,1029 Morton Street Date Application Expires: September 10, 2023 Date Received 4.12.2023 RMT (to be completed by staff) Pursuant to an Incompleteness Determination, 1, the undersigned applicant or agent for the applicant, elects one of the tree options below by initialing: ( 1. Submit All of the Missing Information (IttiH41 if elected) I atn submitting all of the information requested in the Incompleteness Determination letter. Unless checked below, I am requesting that the City of Ashland Planning Division review this additional information within 30 days of submission to determine whether the application is complete. I understand that this 30 -day review.for completeness period for the new information preserves my opportunity to submit additional materials, should it be determined that the application is still incomplete after the second review. (Note; The 120 -clay period for the City of Ashland's final deterinination of compliance ivith applicable criteria does not commence until the additional revieli, for cornpleteness period is completed) Check if desired ❑. 1 waive ftirther review of the information submitted for completeness and direct review of the information submitted for compliance with the Community Development Code criteria, regardless of whether the application is, in fact, later determined by the staff to be incomplete. I understand that by checking the above statement the application will be evaluated based upon the material submitted and no notice of any missing information will be given. If material information is missing from the application, the application will fail to meet the burden of showing that all criteria are met, and the application will be denied. COMMUNITY DEVELOPMENT DEPARTMENT 51 Winbum Way Tel: 541.552.2040 Asliland, Oregon 97520 Fax: 541.552.2050 zsl las d.nr.us TTY; 800.735,2900 CITY 0� ITN S TH L () 2. Submit Some of the Requested Information: VnitIal<ifelected Decline to Provide Other Information I atm submitting some of the information requested and declining to submit other information requested in the Incompleteness Determination letter. I understand that by declining to submit all information the City of Ashland believes necessary, the Ashland Planning Division may conclude that the applicable criteria are not meet and a Denial will be issued or recommended. { 3. Decline to Provide any of the Requested Information (Incl it`if elec ed) I decline to provide any of the information requested. I understand that the Community Development Departmnent may conclude that the applicable criteria are not met and a Denial will be issued or reconunended. Signed and Acknowledged (Applicant or Applicant's Agent) 4.12.23 Date Return to: City of Ashland Planning Department Attn: Derek Severson, Senior Planner c/o 20 East Main Street Ashland, OR 97520 COMMUNITY DEVELOPMENT DEPARTMENT 51 Winbum Way Tel: 541,552.2040 AsIdaud, 0regD1147520 Fax: 54 L552.2050 Wilaud.or.us TTY: 800.735.2900 1029 MORTON STREET HAYES RESIDENCE PHYSICAL & ENVIRONTMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT VARIANCE TO LOT COVERAGE TREE REMOVAL PERMIT Subject Property Property Address: Map and Tax Lot: Property Owner: Engineering and Geotech: Planning Consultant: 1029 Morton Street 39 1E 16AC; 435 James & Joy Hayes 1550 Draper Valley Road Selma, OR 97535 DEI Engineering Brian Dunagan PO Box 796 Talent, OR 97540 Rogue Planning & Development Services, LLC 1314-B Center Dr., PMB##457 Medford, OR 97501 Request: The request is for a Physical and Environmental Constraints Review Permit for the construction of a new residential home on a vacant parcel at 1029 Morton Street (39 1E 16AC; 435). The development of the property requires a Hillside Development Permit, an exception to the design standards to exceed a maximum horizontal plane on the side of the residence facing the north property line, and a Variance to lot coverage. A Tree Removal permit is required for the removal of(seven significant trees. Property Background: The subject property is located on the north side of the Morton Street loop. It is a vacant, 16,073.64 square foot parcel. The property is part of the Park Estates it Subdivision, a Performance Standards Subdivision, created in 1986 (PA84-071). The subject property is zoned Rural Residential (RR -.5). All of the properties in the vicinity are also zoned RR -.5. Most of the adjacent properties are occupied by single family homes and associated accessory structures. One of the subdivision open spaces is located to the east of the subject property. A Private Pedestrian Access and Public Utility Easement is located along the south and east sides of the property. The lot slopes downhill away from the street to the east / southeast. The property has slopes of more than 25 percent. The average slope of the property is 30 percent (east of shared driveway, excluding steep slope between street and driveway). 1029 Morton Street Physical Constraints Review Permit Amended - April 12, 2023 Page 1 of 24 The adjacent properties are occupied by single family homes and associated accessory structures that were mostly constructed in the late 1980s and early 1990s prior to the hillside ordinance. There is no evidence of foundation failures, yard slumping or sloughing, exposed ground water or other evidence of slope instability. For the purposes of the solar setback calculations, the lot is slope of 47 percent downhill to the north. Per AMC 18.4.8.020.8. the lot is exempt from Solar Setback Standards. The lot was exempted from the solar setback standards during the original subdivision approval process. There are more than 20 trees on the site. These trees listed on the Tree Inventory. The trees inoude .}- "le nJ�LsiI PSPLOO SL'DO- rl-Ie+�% v_S,ci Black Oak (Quercus kelloggi), Madrone (ArbuAius menzeisii), Douglas Fir (Pseduotsugo menzeisfi), and Ponderosa Pine (Pinus ponderosa). There is a substantial number of large stature trees remaining on the lower portion of the property that will not be impacted by construction. The property is accessed via a shared driveway that serves the properties at 1035 Morton to the north and 1023 Morton Street, to the south of the subject lot. This driveway is paved, "'12 -feet wide, covering 674 and the grade exceeds 15 percent and has a reduced paved width than present codes require. These are preexisting, non -conforming situations that create unique and unusual circumstances influencing lot coverages and the buildable area (determined during the Subdivision process). There is a steep slope between the driveway and Morton Street. Morton Street is improved with curb and gutter. There is a narrow curbside sidewalk that terminates near the north property corner. The community shared mailbox, a group of individual mailboxes and the storm drain manhole cover are located along the subject lot frontage adjacent to the curb. The property doesr,have any evidence of erosion, slope failure, or other physical evidence of changes to the sites topography or geomorphological conditions that would indicate that the slopes are subject to failure or erosion following development of the properties with proper engineering oversite. 1029 Morton Street Physical Constraints Review Permit Amended - April 12, 2023 Page 2 of 24 r R bP 251AW "'sV '••hlI I M Y 1 t l I-11 'r Proposal: The request is to construct a new residential home on the vacant lot located at 1029 Morton Street, between 1035 and 1023 Morton Street. The site is the second to last vacant lot in the Park Estates 11 Subdivision. The proposed residence is a 3,370 square foot two story structure with basement. There is a 554 square foot garage. The driveway is 765.91 square feet, the concrete landings and stairs are 107.22 square feet. There is a 128.44 square foot wooden or comms. osite lumber, material deck. There is not a -- level pad for yard area or similar proposed and the areas of disturbance will be finish graded and seeded with a native grass mix hydroseed to provide ground coverage vegetation and future erosion control. The subject property has slopes of more than 25 percent and is therefore subject to the Physical and Environmental Constraints section of the Ashland Land Use Ordinance for Hillside Development. The proposed horizontal plane of the garage, guest room and closet portion of the main level living area is 41 feet in length and requires an Exception to Building Location and Design Standards to exceed the maximum horizontal plane (18.3.10.090.E.2.d.). There are some very small areas of more than 35 percent on the lot. There is approximately 300 square feet adjacent to the shared driveway along the north property line. All project design has been done by an Oregon and Nevada Licensed Physical Engineer, per the project engineer, this portion of the property is overly steep from the construction of the shared driveway and is not indicative of severely constrained slopes. Though there are these small areas of slope it is by no means severe constraints property that is subject to slope failure or severe erosion. As evidenced by the adjacent construction, which is not slumping, sliding and does not have indications of foundation failure or street,'the subject property and the adjacent properties are stable for the construction of a residence and driveway. A geotechnical review of the plans will be provided with the building permit set. There were not prescribed building envelopes when the lot was created, the subdivision maps indicated adherence to the minimum setbacks in the zone determine the building envelopes. The property is accessed via a shared driveway. The shared driveway provides vehicular access to the adjacent properties at 1035 and 1023 Morton Street with the subject property between these two developed lots. The shared driveway was required as vehicle access with the original subdivision approval. Due to the shared driveway, a variance to the lot coverage standards is necessitated. The maximum lot 7 coverage in the zone is 20 percent (3,214.7 SF) with 200 SF of porous surface credit (3,414.7 SF). The proposed lot coverage is 3,055.95 square feet of new impervious surfaces There is 128.44 SF of permeable deck area and 67,74 SF of open tread stairway, reducing the total impervious lot coverage to 2,859.75 square feet. Due to the presence of the existing shared driveway, there is an additional 674 1029 Morton Street Physical Constraints Review Permit Amended - April 12, 2023 Page 5 of 24 square feet of impervious surface that cannot be removed or reduced in area as it is narrower than current codes require. The shared driveway increases the lot coverage to 3533.75 square feet. This is an increase of more than the maximum allowed of 3,214.7 square feet by 319.05 SF or a 21.98 percent increase in coverage. The lot coverage is increased only by the required shared driveway and the proposed site development is penalized by the coverage created at the time of the subdivision development 40 years ago when driveways were not counted in the coverage of properties for the purposes of lot coverage. The very minor increase in lot coverage is consistent with other lot coverages on the adjacent properties that are in the vicinity of the property. Of the 20 trees in and near the building footprint,(4)trees are proposed for removal.,,Seven f the trees proposed for removal are significant trees and two of the seven trees are dead or dying conifer trees. The proposed tree removals are based on the recommendations from the project arborist Christopher John, Canopy Tree Care, ISA Board Certified Master Arborist (#WE -9504B). Mr. John recommended the tree removals because the trees are within the footprint of the home and driveway, negative impacts from construction disturbance to survive construction and because they are already dead or dying. The subdivision was approved 40 years ago and though on hillside parcels, the adjacent homes built without substantial engineering oversite, there are not_structure issues, slope failures, or major erosion from.any of the developments. The second to last lot in the subdivision is unequivocally buildable and can be found to comply with the purpose and intent of the standards for the hillside development regulations. On the following pages are findings of fact addressing the approval criteria for Hillside Development, exception to Hillside Design Standards to exceed the horizontal plane, Tree Removal and the criteria for a Variance to lot coverage are addressed below. 1029 Morton Street Physical Constraints Review Permit Amended -April 12, 2023 Page 6 of 24 FINDINGS OF FACT Ashland Municipal Code for Physical and Environmental Constraints Review: 18.3.10.060 Land Classifications. B. Hillside Lands are areas defined as Hillside Lands on the Physical and Environmental Constraints Hillside Lands and Severe Constraints map and which have a slope of 25 percent or greater. C. Wildfire Lands 18.3.10.050 Approval Criteria A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. Finding: The proposed residence is sited in a manner to have the least amount of disturbance by using cuts for construction and retained fill material to construct the driveway. The property is of similar size, slope, has the same vegetation types and underlying soils as the adjacent properties which are built out. The site development will not disturb the areas of the property where there are more than 35 percent slopes. The proposed construction utilizes cut foundation and low pitch multi angle roof pitches. The residence is setback from the driveway by more than 15 -feet and provides adequate setbacks from the side property lines. The residence is substantially setback from the rear property line that abuts the common open space and the steepest areas of the property. The location also preserves the greatest number of trees by keeping the house near the driveway verses stepping it substantially downhill. The structure is located as close as practicable in the areas of the site that are the least steep and least number of trees. The proposed driveway has minimal length and width and turn around to accommodate vehicle maneuvering on the subject property. Through the application of the requirements of the Hillside Ordinance, the oversight and design by an experienced structural engineer, the implementation of the erosion control plan and tree protection / preservation, potential adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. Finding: The developable area of property exceeds 25 percent slopes. All potential hazards, including erosion from the hillside, wildfire hazards, and reduced impacts to the riparian area were all considered and anticipated in the development of the property. Erosion control systems utilizing the installation of silt fencing. The building plans, erosion control, retaining wall design, and proposed stormwater have been designed by an engineer that has substantial experience in hillside development in Oregon and Nevada. 1029 Morton Street Physical Constraints Review Permit Amended -April 12, 2023 Page 7 of 24 There are no known hazards in the development area or immediately adjacent. There is no evidence of surface water or seepage, scarring or other evidence of landslide or slope failure. The erosion control measures will remain in place throughout the duration of the site work portions of construction. The tree protection fencing will remain in place throughout the duration of construction or until the exterior of the structure is completed and no additional site disturbance is occurring. 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: All reasonable steps to reduce adverse impact on the environment. The proposed residence preserves the steepest portions of the property in an undisturbed state. The largest and most dense trees are preserved. The site disturbance is limited to the areas of construction and there are no changes to the majority of the area of the property. There are no irreversible actions that will have negative impacts on the environment. Site disturbance from construction will be re -vegetated with native grass seed mix. The applicant finds that the surrounding properties, all constructed under permit with the City of Ashland provide the baseline for the "maximum development" permitted by ordinance. The surrounding properties in the impact area, also approved with the same conditions of approval from the Park Estates Subdivision. The residence is in a developed neighborhood among homes that were largely built before the hillside development standards and those homes are still standing and foundations, retaining walls, driveway and other site improvements have not failed. The average amount of impervious area on the adjacent properties is greater than what is proposed in this application. The proposed development has 3,533.75 square feet of total impervious areas, including the footprint of the residence, the site driveway, and the area of the existing shared driveway. By comparison, the average amount of impervious area on adjacent properties is 3,898 square feet. The subject lot and the adjacent properties are similar in lot area. The proposed impervious surface in addition to the existing impervious surface is considerably less amount of impervious area than allowed in the area, than allowed if the lot was actually a % acre and translates to significantly less irreversible site disturbance. 18.3.10.090 Development Standards for Hillside Lands A. General Requirements. The following general requirements shall apply in Hillside Lands. 1. Buildable Area. All development shall occur on lands defined as having buildable area. Finding: 1029 Morton Street Physical Constraints Review Permit Amended - April 12, 2023 Page 8 of 24 The subject property does have areas greater than 35 percent, but all proposed development is to occur outside of the areas that are greater than 35 percent. It is the applicant's understanding that building envelopes were provided with the original subdivision but those are not able to be located. B. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide plans conforming to the following items. 1. All grading, retaining wall design, drainage, and erosion control plans for development on Hillside Lands shall be designed by a geotechnical expert. All cuts, grading or fills shall conform to the International Building Code and be consistent with the provisions of this ordinance. Erosion control measures on the development site shall be required to minimize the solids in runoff from disturbed areas. Finding: The grading, drainage, retaining wall and erosion control plans have been designed by an geotechnical expert. Brian Dunagan, P.E., of DEI Engineering has substantial experience in the design of structures, retaining walls, drainage, erosion control and the construction of properties with steep slopes in Oregon and Nevada. Silt fencing is to be installed on the downhill side of the construction area to minimize runoff during construction and native grass reseeding will be provided post construction to provide permanent erosion control post construction. 2. Timing of Improvements. Finding: This proposal is exempt from this section of the code. 3. Retention in natural state. Finding: This proposal is exempt from this section of the code. 4. Grading - Cuts. On all cut slopes on areas classified as Hillside Lands, the following standards shall apply. a. Cut slope angles shall be determined in relationship to the type of materials of which they are composed. Where the soil permits, limit the total area exposed to precipitation and erosion. Steep cut slopes shall be retained with stacked rock, retaining walls, or functional equivalent to control erosion and provide slope stability when necessary. Where cut slopes are required to be laid back (l:l or less steep), the slope shall be protected with erosion control getting or structural equivalent installed per manufacturers specifications, and revegetated. Finding: The proposed structure is cut into the hillside leaving no exposed cut slopes. 1029 Morton Street Physical Constraints Review Permit Amended -April 12, 2023 Page 9 of 24 b. Exposed cut slopes, such as those for streets, driveway accesses, or yard areas, greater than seven feet in height shall be terraced. Cut faces on a terraced section shall not exceed a maximum height of five feet. Terrace widths shall be a minimum of three feet to allow for the introduction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical height of 15 feet. The top of cut slopes not utilizing structural retaining walls shall be located a minimum setback of one-half the height of the cut slope from the nearest property line. Finding: There are no exposed cut slopes. c. Cut slopes for structure foundations which reduce the effective visual bulk, such as split pad or stepped footings, shall be exempted from the height limitations of this section. Finding: The proposed residence is cut into the hillside. The downhill walls are the structural retaining for the building. d. Revegetation of cut slope terraces shall include the provision of a planting plan, introduction of top soil where necessary, and the use of irrigation if necessary. The vegetation used for these areas shall be native, or species similar in resource value to native plants, which will survive, help reduce the visual impact of the cut slope, and assist in providing long term slope stabilization. Trees, bush -type plantings, and cascading vine -type plantings may be appropriate. Finding: There are no cut slope terraces. The areas directly adjacent to the residence where the soil has been disturbed are proposed to be re -seeded with native plant mixture. 5. Grading - Fill. On all fill slopes on lands classified as Hillside Lands, the following standards shall apply. a. Fill slopes shall not exceed a total vertical height of 20 feet. The toe of the fill slope area not utilizing structural retaining shall be a minimum of six feet from the nearest property line. Finding; No fill slopes are proposed. All fill areas are proposed to be retained. b. Fill slopes shall be protected with an erosion control netting, blanket or functional equivalent. Netting or blankets shall only be used in conjunction with an organic mulch such as straw or wood fiber. The blanket must be applied so that it is in complete contact with the soil so that erosion does not occur beneath it. Erosion netting or blankets shall be securely anchored to the slope in accordance with manufacturer's recommendations. 1029 Morton Street Physical Constraints Review Permit Amended - April 12, 2023 Page 10 of 24 Finding: No un -retained fill slopes are proposed. c. Whenever possible, utilities shall not be located or installed on or in fill slopes. When determined that it necessary to install utilities on fill slopes, all plans shall be designed by a geotechnical expert. Finding: The utilities are not being installed on fill slopes. They are proposed to be installed from the southeast corner of the structure to the Public Utility Easement. d. Revegetation of fill slopes shall utilize native vegetation or vegetation similar in resource value and which will survive and stabilize the surface. Irrigation may be provided to ensure growth if necessary. Evidence shall be required indicating long-term viability of the proposed vegetation for the purposes of erosion control on disturbed areas. Findin& No un -retained fill slopes are proposed. 6. Revegetation Requirements. Where required by this chapter, all required revegetation of cut and fill slopes shall be installed prior to the issuance of a certificate of occupancy, signature of a required survey plat, or other time as determined by the hearing authority. Vegetation shall be installed in such a manner as to be substantially established within one year of installation. Finding: The only landscaping proposed is to reseed the areas of disturbance that is directly adjacent to the area of disturbance from the construction. The revegetation areas will be installed prior to the issuance of the certificate of occupancy. 7. Maintenance, Security, and Penalties for Erosion Control Measures. a. Maintenance. All measures installed for the purposes of long-term erosion control, including but not limited to vegetative cover, rock walls, and landscaping, shall be maintained in perpetuity on all areas which have been disturbed, including public rights-of-way. The applicant shall provide evidence indicating the mechanisms in place to ensure maintenance of measures. Finding: The landscaping will be maintained in perpetuity. b. ,Security. 1029 Morton Street Physical Constraints Review Permit Amended - April 12, 2023 Page 11 of 24 Finding: The subject lot is not subject to this section of code as it existed prior to January 1, 1995. 8. Site Grading. The grading of a site on Hillside Lands shall be reviewed considering the following factors. a. No terracing shall be allowed except for the purposes of developing a level building pad and for providing vehicular access to the pad. Finding: There are no terraces. The only retaining is for the driveway fill to provide access to the building pad. b. & c. Avoid hazardous or unstable portions of the site. Finding: There is no physical evidence on the site of any hazardous or unstable portions of the site. d. Building pads should be of minimum size to accommodate the structure and a reasonable amount of yard space. Pads for tennis courts, swimming pools and large lawns are discouraged. As much of the remaining lot area as possible should be kept in the natural state of the original slope. Finding: A level pad area for lawn or even yard space is proposed. Areas of disturbance will be re -seeded with native grasses post construction, and the majority of the site will be retained in a natural state due to the lot coverage restrictions. 9. Inspections and Final Report. Prior to the acceptance of a subdivision by the City, signature of the final survey plat on partitions, or issuance of a certificate of occupancy for individual structures, the project geotechnical expert shall provide a final report indicating that the approved grading, drainage, and erosion control measures were installed as per the approved plans, and that all scheduled inspections, as per 18.3.10.090.A.4.j were conducted by the project geotechnical expert periodically throughout the project. Finding: A final inspection report completed by the geotechnical expert and project engineer, will be provided prior to the issuance of the certificate of occupancy. C. Surface and Groundwater Drainage. 1029 Morton Street Physical Constraints Review Permit Amended - April 12, 2023 Page 12 of 24 Finding: The surface and groundwater drainage on the site will be directed into the city's storm drain system. When the subdivision was developed, all necessary infrastructure was constructed to sustain all of the lots in the subdivision was installed along the south property line. The proposed sanitary sewer service and storm water are proposed to be extended to the south from the residence. There is a Madrone east of the utility line and two large stature pine trees. The excavation for the utility will occur between the tree protection zones. The storm water catchment in the driveway as detailed on the Site Plans will be one of the first improvements constructed on site. There is minimal impervious surface areas limiting any erosion or run off issues since all new facilities will be connected to the hardline system. The water and electric service extend from Morton Street and there are no trees within the trench lines for those services. D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall conform to the following requirements. 1. Inventory of Existing Trees. Finding; See the attached Tree Inventory and report completed by Christopher John, Arborist from Canopy LLC. Details regarding the protection and the excavation methods around the trees to be preserved is addressed in the report. A large portion of the site is not affected by the proposed development and therefore is not included in the inventory. 2. Evaluation of Suitability for Conservation. Finding: See the attached Tree Inventory and report completed by Christopher John, Arborist from Canopy LLC. Details regarding the protection and the excavation methods around the trees to be preserved are addressed. A large portion of the site is not affected by the proposed development and therefore is not included in the inventory. 3. Tree Conservation in Project Design. Finding: The site layout including utility installation are in the areas of least disturbance and will not have negative impacts on the preserved trees. The minimum number of trees are proposed for 1024 Morton Street Physical Constraints Review Permit Amended - April 12, 2023 Page 13 of 24 removal, and all are within the building area or near the building excavation area and will be negatively impacted during construction. 4. Tree Protection. Finding All trees designated for conservation will be clearly marked on the project site. Prior to the start of any clearing, stripping, stockpiling, trenching, grading, compaction, paving or change in ground elevation, tree protection fencing in accordance with section 18.4.5.030.0 will be installed. A six- foot chain link fence is proposed to be installed at or near the dripline of the trees to be preserved. The Tree Protection plan has a general tree protection zone identified that speaks to one foot per inch DBH. The arborist report details the construction methods in the areas adjacent to the trees. 5. Tree Removal. Development shall be designed to preserve the maximum number of trees on a site. The development shall follow the standards for fuel reduction if the development is located in Wildfire Lands. When justified by findings of fact, the hearing authority may approve the removal of trees for one or more of the following conditions. Finding: There are seven significant trees proposed for removal. Of these, there are two dead/dying Douglas fir trees. The five significant trees proposed for removal were determined by an ISA Certified Master Arborist to be too close to the building to survive construction and to be removed due to destabilization and finished grading. There are a substantial number of trees on the subject property that are retained and protected, and the removal of the absolute minimum number of trees in the Wildfire Hazards overlay to construct a new residence in a 40 -year-old subdivision is can be found to substantially comply with all of the tree removal criteria. a. The tree is located within the building envelope. Finding: A multi -stemmed, 48 -inch Black Oak (Tree 1 on Tree Inventory), a group of 8 -inch Madrones, a 12 -inch Madrone and a 14 -inch Madrone, and an 8 -inch Douglas Fir are within the building envelope. b. The tree is located within a proposed street, driveway, or parking area. Finding: Not applicable. 1029 Morton Street Physical Constraints Review Permit Amended -April 12, 2023 Page 14 of 24 c. The tree is located within a water, sewer, or other public utility easement. Fin�T Not applicable. d. The tree is determined by a landscape professional to be dead or diseased, or it constitutes an unacceptable hazard to life or property when evaluated by the standards in 18.3.10.090.D.2. Finding: There are two Douglas Fir trees that have been determined to be dead or dying by the project Arborist. These trees are north of the residence. One Douglas fir is 17 -inches DBH and is dead and the other is a 19 -inch DBH that is in decline and dying. e. The tree is located within or adjacent to areas of cuts or fills that are deemed threatening to the life of the tree, as determined by a landscape professional. Finding: There is a 19 -inch DBH Douglas Fir and a 12 -inch DBH Madrone that were deemed too close to the building area to survive the construction. 6. Tree Replacement. Finding: Following the construction, a deciduous tree is required to be planted adjacent to the driveway to satisfy the street tree planting requirement from the subdivision. There are five trees proposed for removal that are not dead or dying. Due to the density of vegetation on the site, substantial canopy exiting on site, and the restrictions on allowed Wildfire Hazards Overlay that prevent large stature conifers, alternatives to not replace the five trees proposed for removal with small stature, landscape level deciduous trees is requested. The building permit submittal plans will provide for the locations of five replacement trees. E. Building Location and Design Standards. All buildings and buildable areas proposed for Hillside Lands shall be designed and constructed in compliance with the following standards. 1. Building Envelopes. 1029 Morton Street Physical Constraints Review Permit Amended -April 12, 2023 Page 15 of 24 Finding: The structure is within the buildable area of the site. The subdivision predates the hillside development standards. Though there were building envelopes referenced in the subdivision ... .......... files, it is unclear what those are. A note on the subdivision plat map notes that the buildings .......... will comply with the RR -.S zone setbacks. The proposed residence and site improvements adheres to the yard setbacks allowed by code and the Public Utility Easements on the property. There are some very small areas of more than 35 percent on the lot. There is approximately 300 square feet adjacent to the shared driveway along the north property line. All project design has been done by an Oregon and Nevada Licensed Physical Engineer, per the project engineer, this portion of the property is overly steep from the construction of the shared driveway and is not indicative of severely constrained slopes. Though there are these small areas of slope it is by no means severe constraints property that is subject to slope failure or severe erosion. As evidenced by the adjacent construction, which is not slumping, sliding and does not have indications of foundation failure or street, the subject property and the adjacent properties are stable for the construction of a residence and driveway. A geotechnical review of the plans will be provided with the building permit set. There were not prescribed building envelopes when the lot was created, the subdivision maps indicated adherence to the minimum setbacks in the zone determine the building envelopes. 2. Building Design. To reduce hillside disturbance through the use of slope responsive design techniques, .buildings on Hillside Lands, excepting those lands within the designated Historic District, shall incorporate the following into the building design and indicate features on required building permits. a. The height of all structures shall be measured vertically from the natural grade to the uppermost point of the roof edge or peak, wall, parapet, mansard, or other feature perpendicular to that grade. Maximum hillside building height shall be 35 feet. Finding: The proposed residence is less than 35 -feet in height from natural grade. b. Cut buildings into hillsides to reduce effective visual bulk. i. Split pad or stepped footings shall be incorporated into building design to allow the structure to more closely follow the slope. ii. Reduce building mass by utilizing below grade rooms cut into the natural slope. Findin . The residence is cut into the slope on the property with a stepped foundation. There are below grade rooms, and the upper level utilizes the basement roof as an outdoor deck. 1029 Morton Street Physical Constraints Review Permit Amended - April 12, 2023 Page 16 of 24 c. A building step back shall be required on all downhill building walls greater than. 20 feet in height, as measured above natural grade. Step -backs shall be a minimum of six feet. Decks projecting out from the building wall and hillside shall not be considered a building step -back. No vertical walls on the downhill elevations of new buildings shall exceed a maximum height of 20 feet above natural grade. FindiDE. The downhill walls are less than 20 -feet as measured from natural grade (see attached elevations). The upper floor is stepped back six feet from the fagade of the floor below. d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer than 36 feet shall include a minimum offset of six feet. Finding: The horizontal building plane along the north side of the structure is 41 -feet. An exception to this standard is requested. e. It is recommended that roof forms and roof lines for new structures be broken into a series of smaller building components to reflect the irregular forms of the surrounding hillside. Long, linear unbroken roof lines are discouraged. Large gable ends on downhill elevations should be avoided, however smaller gables may be permitted. Finding: The residence has low pitch, shed style roofs that cascade downhill. No large gable ends are proposed on the downhill elevations. f. It is recommended that roofs of lower floor levels be used to provide deck or outdoor space for upper floor levels. The use of overhanging decks with vertical supports in excess of 12 feet on downhill elevations should be avoided. Finding: The roof of the below grade basement is providing for a seven -foot deck for the stepped back main level. There is one smaller deck for the basement level. The deck support posts are not taller than 12 -feet. There is no outdoor yard area and the small decks the only level outdoor space on the property. g. It is recommended that color selection for new structures be coordinated with the predominant colors of the surrounding landscape to minimize contrast between the structure and the natural environment. 1029 Morton Street Physical Constraints Review Permit Amended - April 12, 2023 Page 17 of 24 Finding; Natural colors selected from the predominant colors of the surrounding landscape will be used for the exterior paint finishes. The metal roof will be painted and not reflective galvanized metal. F. All structures on Hillside Lands shall have foundations designed by an engineer or architect with demonstrable geotechnical design experience. A designer, as defined, shall not complete worlcing drawings without having foundations designed by an engineer. Finding: The foundation will be designed by an engineer. The engineered foundation will be provided with the building permit set. As noted, the engineer has demonstrable geotechnical design experience to address the building code standards for hillside construction. The property consists of stable slopes that show no evidence of slope failure or severe erosion even on cut banks of 65 percent and greater. This demonstrates the bedrock and substrate are safe for construction. The property is not severely constrained. G. All newly created lots or lots modified by a lot line adjustment must include building envelopes containing a buildable area less than 35 percent slope of sufficient size to accommodate the uses permitted in the underlying zone, unless the division or lot line adjustment is for open space or conservation purposes. Findin This section is not applicable. The subject lot was approved in 1984 and platted in 1986. H. Exception to the Development Standards for Hillside Lands. An exception under this section is not subject to the variance requirements of chapter 18.5.5, Variances. An application for an exception is subject to the Type I procedure in section 18.5.1.050 and may be granted with respect to the development standards for Hillside Lands if the proposal meets all of the following criteria: 1. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. Finding: The site, though not severely constrained, does have an average slope of 30 percent which increases the slope factor and impacts the height of downhill wall construction. Though the exception is to a horizontal wall plane, the downhill walls have a greater impact on the aesthetics of the hillside residence on the impact area which is the focus of the Building Design Standards Section of the ordinance. To balance the downhill wall standard, a slight increase in the horizontal plane is requested. 1029 Morton Street Physical Constraints Review Permit Amended -- April 12, 2023 Page 18 of 24 The design standards were adopted more than a decade after the subject property was created. The lot is more than 5,000 square feet smaller than the minimum lot area in the zone. Additionally, the shared driveway creates factors beyond the property owner's control. That driveway determined the grades of the site development, location of garage doors. The driveway grade accessible to the subject property was determined by the property at 1035 Morton. z To assure the downhill wall height and overall building height were met, rotated the garage to face south so all back up maneuvering on the subject property, and not into the narrow -shared €� driveway which would have pushed house further downhill, and increased the downhill wall height, increased the amount of lot coverage, and increased the number of trees impacted by construction. To provide an adequate garage (25 -feet is within the range of typical garage width) and have a closet in the guest bedroom area, the wall on the north side of the residence facing the side wall of 1035 Morton is 41 -feet and exceeds maximum horizontal building plane by five feet. This horizontal plane will only be visible to the adjacent neighbor. The offending portion of the wall plane itself is 22 -feet away from the impacted adjacent neighbor. 2. The exception will result in equal or greater protection of the resources protected under this chapter. Finding: The slightly elongated horizontal plane provides equal protection of the resources protected under this chapter (steep slopes, significant trees, natural and wildlife habitats) that a 36 -foot - long wall would provide. 3. The exception is the minimum necessary to alleviate the difficulty. Finding: The exception is the minimum necessary to alleviate the difficulty and allows for a small closet area in a small guest room of the residence. Additionally, the addition of the closet provides a step back of six feet for the floor above and the breaks up the downhill wall massing. 4. The exception is consistent with the stated Purpose and Intent of chapter 18.3.10, Physical and Environmental Constraints Overlay, and section 18.3.10.090, Development Standards for Hillside Lands. (Ord. 3199 § 18, amended, 06115/2021; Ord. 3191 § 18, amended, 11/1712020; Ord. 3158 § 4, amended, 09118/2018) 1029 Morton Street Physical Constraints Review Permit Amended - April 12, 2023 Page 19 of 24 Finding: The exception is consistent with the stated purpose and intent of the Physical and Environmental Constraints Overlay chapter and the Development Standards for Hillside Lands. The exception is a design exception to extend a horizontal building plane a minimal amount to provide a small, functional guest room. The proposed exception is not seeking to build on severely constrained slopes, or in areas that are dangerous or erosive or exhibit other factors that are sought to be protected, limit encroachment or alterations to the natural environment. The proposed site development protects the majority of the site's trees and the majority of the sites slopes. 18.3.10.100 Development Standards for Wildfire Lands B. Requirements for Construction of All Structures. Finding: Compliance with the development standards for wildfire lands will be implemented on-site prior to introduction of combustible construction materials. Trees will be limbed up above the roof, the grass will be mowed, and small diameter ladder fuels will be removed. Additionally, a fire-resistant metal roof is proposed. Lot Coverage Variance: Variance Approval Criteria 18.5.5.050 1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance. Finding: Due to the shared driveway, a variance to the lot coverage standards is necessitated. The maximum lot coverage in the zone is 20 percent (3,214.7 SF) with 200 SF of porous surface credit (3,414.7 SF). The proposed lot coverage is 3,055.95 square feet of new impervious surfaces. There is 128.44 SF of permeable deck area and 67.74 SF of open tread stairway, reducing the total impervious lot coverage to 2,859.75 square feet. Due to the presence of the existing shared driveway, there is an additional 674 square feet of impervious surface that cannot be removed or reduced in area as it is narrower than current codes require. The shared driveway increases the lot coverage to 3533.75 square feet. This is an increase of more than the maximum allowed of 3,214.7 square feet by 319.05 SF or a 21.98 percent increase in coverage. The lot coverage is increased only by the required shared driveway and the proposed site development is penalized by the coverage created at the time of the subdivision development 40 years ago when driveways were not counted in the coverage of properties for the purposes of lot coverage. 1029 Morton Street Physical Constraints Review Permit Amended -April 12, 2023 Page 20 of 24 The subject property is part of a larger subdivision that was created in the mid-1980s. The subdivision was approved through the Performance Standards criteria and the area of the subdivision was derived from lots that were zoned R-1-7.5, R-1-10 and RR -.5. The proposed lot coverage shown in the subdivision approvals was an estimated average of residence footprints, garages, driveways, streets and sidewalks across the three zones. Additionally, as part of the Park Estates Subdivision (I and II) large tracts of open space were provided. The subdivision was processed through the Performance Standards option. That allows for the lot area for the individual parcels have less than allowed with the base zoning through the provision of large areas of common open space for the subdivision. it is likely that if the subdivision were approved today, the applicant would likely have requested a "performance standard lot coverage" allocation because of the large areas of undisturbed open spaces and the smaller than lot sizes than required by the base zone. In this case, the lot is zoned for a half -acre minimum (21.,780 sf), but the lot is just over 16,000 square foot. A 21,780 square foot lot would allow for up to 4,350 sf of coverage, none of the parcels in the subdivision are % acre in area. The proposed coverage of nine percent more than the allowed coverage is similar too or less than the surrounding properties. The applicant has proposed a residence at the minimum setbacks for the zone and still does not meet the maximum lot coverage. The applicant has proposed a residence that is —500 sf smaller than the average residence in the zone and still does not meet lot coverage. The applicant has proposed impervious surfaces that are less than the average in the zone and still does not comply with maximum lot coverage in the zone. Based on the information provided on the attached spreadsheet of the properties within 200 -feet of the subject site, within the same subdivision it appears that though there is not expressly a performance standard lot coverage, it is clear that the previously approved homes do not comply with the City coverage standards. The applicant has proposed a smaller residence with less disturbed area, less mass and at the minimum setbacks and finds that the request is due to the lot area being smaller than allowed by the zone that is creating the need for the Variance. The proposed significantly smaller home with significantly less disturbed area is unique to the adjacent development that was developed under the same circumstances. 2. The variance is the ininimutn necessary to address the special or unique physical circumstances related to the subject site. Finding: The proposed structure, proposed driveway and existing driveway coverage areas have been accounted for with the proposal and is the minimum necessary to develop the property with a 1029 Morton Street Physical Constraints Review Permit Amended -April 12, 2023 Page 21 of 24 permitted use, a residence. Though zoned for .5 -acre parcels (21,780 5F), the subject property is .369 acres (16,073.64 SF) which is more than 25 percent smaller than the minimum lot area in the zone. A .5 -acre parcel allows 4,356 square feet of coverage, 1,000 square feet more than allowed on the subject property. 3. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. Finding: The proposed residence and the overage of lot coverage from the shared driveway will not have any negative impacts on the development of the adjacent properties. The request will allow for the construction of a new residence on a parcel that was created nearly 40 years ago thus furthering the intent of the Comprehensive Plan by allowing residential development in the residential zone with a similar coverage as the properties in the impact area. 4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant. Finding: The requested variance to exceed the lot coverage is not self-imposed. The applicant and property owner did not create the subject lot that is less than the required minimum lot area in the zone. The applicant and property owner did not require that a paved shared driveway serving adjacent parcels penalize the subject property with a loss of habitable floor area because of a driveway. The original subdivision developers did not provide for an average of lot coverage or use the large areas of open space to increase coverage throughout the subdivision. Most of the subdivision developed under the interpretation that only the footprint of structures was the contributing lot coverage (driveways, patios, pathway and decks regardless of surface were not included in the coverage calculations). Thus, the adjacent properties all have a greater lot coverage average than proposed on the subject property. The proposed coverage is consistent with coverage of adjacent properties in the same subdivision. 18.5.7.040 Tree Removal Permit Criteria B. Tree Removal Permit. 2. 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. 1029 Morton Street Physical Constraints Review Permit Amended - April 12, 2023 Page 22 of 24 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: There are seven significant trees that are proposed for removal. These trees are within the buildable area of the site, will be too close to the excavation to survive construction, and two fo the trees are dead. 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 trees will not have a significant impact on erosion, soil stability or protection of adjacent trees or windbreaks. The trees are removed from the buildable area of the site and the potential for erosion is eliminated by the construction of the home. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the properly to be used as permitted in the zone. Finding: There are five living trees and two dead trees proposed for removal. The removal of these trees will not have a significant impact on tree densities, sizes, canopies and species diversity. There are substantial numbers of deciduous and conifer trees remaining on the property, on the adjacent properties and within the subdivision open space. There are large numbers of large stature, significant trees within 200 feet of the property. There are thousands of trees 540 -feet to the south of the property within the forested properties that are uphill of the subject property. 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 tree removal facilitates the construction of a residence on a residential lot. The majority of the trees on the property are retained outside of the development area. 1029 Morton Street Physical Constraints Review Permit Amended - April 12, 2023 Page 23 of 24 e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. Finding: There are numerous living trees on the site and in the vicinity. A shade tree as a street tree will be planted in the yard area adjacent to the driveway. The species and exact location has not been selected yet. The application would seek alternatives to replanting five trees on site due to the dense canopy coverage on the north facing slope. Conclusion: In conclusion, the applicant's find that the proposed moderately sized residence will be a welcome addition in the neighborhood. The original subdivision geotechnical report has indicated that the areas selected for development throughout the subdivision are suitable and the applicant's engineer has designed the erosion control, foundation type and retaining wall design. The site is one of the last remaining vacant lots from a 1980s subdivision. All reasonable steps necessary to prevent negative impacts to adjacent properties and the environment for the development of the site have been factored into the site design and placement of the residence. The property is not severely constrained and the proposed development preserves the majority of the sites topography, the sites trees and the native vegetation. The applicant finds that all of the applicable City of Ashland requirements have been met or can be met through the imposition of conditions of approval. 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J �woH woisno a oq LLI ---------- ;,= o � z o_ 0 0 LLJ - i z . i - w w§ U) c w z ------ z k p i Q o � J O O J � E n 'L n Table 1 Tree Inventory 1029 Morton St Feb 23, 2023 Tree # Species Size (DBH) Notes 1 Black oak, Quercus kelloggii Multi -stem: 12.5", Remove - within building footprint. 2 Madrone, Arbutus menzelsil 12.5" Remove - within building footprint. 3--8 Madrone, Arbutus menzeisii 8" Remove -within building footprint. 9 Doulas fir, Pseudotsuga 24" Remove - close proximity to menzeisii budding envelope, Not likely to survive construction impact and may become destabilized. 10 Black oak, Quercus kelloggii 8" Remove 11 Doulas fir, Pseudotsuga 17" Remove - dead menzeisii—,__-- 12 Doulas fir, Pseudotsuga 19" Remove - tree is in decline and in menzeisii close proximity to building envelope. 13 Madrone, Arbutus menzeisii Multi -stem: 12", Remove - close proximity to 9.5", 8", 8", 9", building envelope. Not likely to 11.75". survive construction impact. 14 Ponderosa pine, Pinus 15" Retain and protect. ponderosa ....._.,_.., 15 Madrone, Arbutus menzeisii Multiple 5"-8" Remove - close proximity to .............._..,.._ building envelope. Not likely to survive construction impact. 16 Ponderosa pine, Pinus 23" Retain and protect. ponderosa 17 Doulas fir, Pseudotsuga 17" Retain and protect. -------- menzeisii 18 I Black oak, Quercus kelloggii 14.5" _.._....... _.....,..,�_,.,. Retain and protect. 19 Doulas fir, Pseudotsuga 17" 'Remove - dead. menzeisii 20 Ponderosa pine, Pinus W 16.5" Retain and protect. ponderosa Forested area Multiple trees and species Multiple Retain and protect. below building footprint at eastern end of property 0 Tree Protection Plan Project site: 1029 Morton Prepared by: Canopy LLC Date: 02/23/2023 Construction Management Tl rcc Protection Zone (TPZ): It is recommended that a tree protection zone be established around the root zone of any trees to be retained on the property or those trees on neighboring properties that could be impacted by construction activities. This protection zone should be established before any construction, excavation, land clearing, or grading begins. It is recommended that the protection zone be no closer than the furthest extent of the trees' dripline. This zone should be established with temporary 6' tall fencing and remain in place through project completion. Soil Compaction: To avoid soil compaction, heavy materials should not be stored, vehicles maneuvered or parked, grade changed, or paved surfaces constructed within the tree protection zone. If for construction case, it is necessary for vehicles or machinery to access the area, a layer of mulch (6"-12" deep) should be applied for vehicles to drive on. This mulch layer should be reduced to a depth of 3"-4" upon project completion. Tree Care: If machinery needs to operate within the TPZ, steps should be taken to protect the tree trunk fi-om injury. If injury should occur to any tree during construction, it should be inspected by an arborist or landscape professional for evaluation and treatment recommendations. Tree pruning required during construction should be performed by a qualified arborist and not by construction personnel. Root Protection: If excavation is necessary at or near the tree protection area, avoid cutting roots over l"diameter where possible. If roots are severed, it is recommended that they be cut "cleanly" with a saw or bypass pruners at a 90 degree angle (as opposed to being left "torn" by machinery). Pruned roots should not be left exposed for extended periods of time. Cover exposed roots with moist soil after pruning. If pruning of roots over 2" diameter are encountered near the TPZ, consultation with an arborist is advised. If excavation or trenching needs to occur in the protection area, it is recommended that you contact an arborist for additional evaluation and options. Water: If construction is occurring during the driest months of June thru September, it is reconnnended that the trees receive a deep watering throughout thein root zone 1-2x per month. Water should permeate to a depth of 30". eITY 0 AS H L AN UN' 6.1 March 28, 2023 Rogue Planning & Development Services, LLC Attn: Amy Gunter 1314-B Center Drive, PMB 4457 Medford, OR 97501 RE: Incompleteness Determination for PATI -2023-00207 1029 Morton Street Dear Ms. Gunter, After reviewing your March 14, 2023 application submittal requesting a Physical Environmental Constraints Review Permit for Development of Hillside Lands, Variance to Lot Coverage and Tree Removal Permit, Planning staff have determined that the application is incomplete. Incomplete applications are subject to delay in accordance with state law (ORS 227.178), and cannot be further processed until the missing information listed below is turned in. The additional information requested will better assist the Planning staff and/or the Planning Commission in evaluating the application and making a decision; your understanding is much appreciated. Slope Analysis: As noted in the pre -application comments, the submittal requirements for a hillside development permit require that a slope analysis be provided in addition to a topographic map (see https://ashlaud.municipal.codes/LandUse/18.3.10.040: K) We'd need a slope analysis as described in the submittal requirements to deem the application complete. • Grading Plan: A grading plan is needed both to review the application for compliance with the Development Standards for Hillside Lands for Hillside Grading & Erosion Control, and to consider the Tree Removal Permit request, which is based in part on the impact of excavation on trees necessitating their removal. • Horizontal Planes: The Development Standards for Hillside Lands include a standard that "Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer than 36 feet shall include a minimum offset of six feet. " (see htt s:Hashland.munici al.codes/LandUse/I8.3.10.090tF.2.d). As illustrated with the red arrow below, the wall length in red scales to more than 41 feet and would need to be adjusted, or an Exception requested, before the application may be deemed complete. COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.552.2040 Ashland, Oregon 97520 Fax: 541.552.2050 ashland,or.us TTY: 800.735.2900 CITY OF X5HLAND LPPFNa3C�yf� 9 u�araecaww iP•i]T AKYi FiCE0. PUV2 d•G3'r LG\\iF 0.CCRMXi • Lot Coverage Variance: There are some inconsistencies in how the lot coverage variance request is presented which, if clarified, would benefit the application. The application lists the lot size as 16,073.64 square feet and requests 3,535 square feet of coverage which is described as 29 percent coverage, but explains the Variance requested based on a 10,326 square foot lot size with 2,382 square feet of coverage. The site plan detailing the proposed lot coverage identifies 3,729.79 square feet of coverage. 3,729.79 square feet of coverage on a 16,073.64 square foot lot equates to only 23.20 percent coverage, rather than 29 percent. 054.38 128.44 39.46 67.76 765.91 COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.552.2040 Ashland, Oregon 97520 Fax: 541,552,2050 ashiand.or,us TTY; 800,735,2900 VR C I T Y O FAS "ww LAN D The percentage of lot coverage proposed is a determining factor in whether the action can be handled administratively as a Type I or requires a Type II procedure with a public hearing. The code allows for a 10 percent increase in the allowed lot coverage percentage (1.10 x 20 percent = 22 percent) to be handled as a Type I, so if the total lot coverage proposed on the property including the full existing driveway were 22 percent (3,536 square feet) or less, the proposal could be processed administratively. If the coverage exceeds that total, an additional fee for a Type Il application would be necessary and the item would need to go to the Planning Commission. (Looking at the table above, it seems that looking closely at these numbers and accounting for the 200 square feet porous solid surface exemption, getting to a Type I is a possibility.) To continue review of your application, you must either: I . Submit all of the missing information listed above; 2. Submit some of the requested information and give the City of Ashland Planning Division written notice that the remaining information will not be provided; or 3. Submit written notice to the City of Ashland Planning Division indicating that no additional information will be provided. Please note that in accordance with Oregon state statutes, failure to complete one of the three options within 180 days of the original application submittal date of March 14, 2023 will result in your application being deemed void. The application will be deemed void if the additional information is not submitted by September 10, 2023. Planning staff will expedite review of the requested materials once they are received. I have enclosed a form, entitled the "Applicant's Statement of Completeness". Please review the enclosed form and return it to me with any additional material you will be submitting. Your application cannot be further processed until the Applicant's Statement of Completeness form is completed and received by the City of Ashland Planning Division. If you have questions, please don't hesitate to contact me at (541) 552-2040 or via e-mail to derek.severson(j�ashland.or.us . Staff's goal is to assist the applicants in preparing an application package that effectively addresses all codes, COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.552.2040 Ashland, Oregon 97520 Fax: 541.552.2050 ashland.or.its TTY: 800.735.2900 A 51--I LAN D standards and requirements so that a decision can be reached efficiently on the matter. We appreciate your patience in working with us to compile the needed materials. Regards, J",&4 4,0 Derek Severson, Senior Planner Encl: Applicant's Statement of Completeness Cc: File, Hayes COMMUNITY DEVELOPMENT DEPARTMENT 51 Winbnrn Way Tel: 541.552.2040 Ashland, Oregon 97520 Fax: 541.552.2050 ashland.0r.LIS TTY: 800.735.2900 �4S H LAN D Applicant's Statement of Completeness (To be completed by the Applicant and returned to the City of Ashland Planning Division) Re: PA -T1-2023-00207,1029 Morton Street Date Application Expires: September 10, 2023 Date Received (to be completed by staff) Pursuant to an incompleteness Determination, I, the undersigned applicant or agent for the applicant, elects one of the three options below by initialing: ( 1. Submit All of the Missing Information (Inrtaal if elected). I am submitting all of the information requested in the Incompleteness Determination letter. Unless checked below, I am requesting that the City of Ashland Planning Division review this additional information within 30 days of submission to determine whether the application is complete. I understand that this 30 -day review for completeness period for the new information preserves my opportunity to submit additional materials, should it be determined that the application is still incomplete after the second review. (Note: The 120 -day period for the City of Ashland's final determination of compliance with applicable criteria does not commence until the additional review for completeness period is completed.) Check zf6W.red 0 `I waive ftrther review of the information submitted for completeness and direct review of the information submitted for compliance with the Community Development Code criteria, regardless of whether the application is, in fact, later determined by the staff to be incomplete, I understand that by checking the above statement the application will be evaluated based upon the material submitted and no notice of any missing information will be given. If material information is missing from the application, the application will fail to meet the burden of showing that all criteria are met, and the application will be denied. COMMUNITY DEVELOPMENT DEPARTMENT 51 Winbura Way Tel: 543.552.2040 Ashland, Oregon 97520 Fax: 541.552.2050 ashland.or.us TTY: 800.735.2900 Y C) F X151 -I LAN D ( 2. Submit Some of the Requested Information: (Inatzal if elected) Decline to Provide Other Information I am submitting some of the information requested and declining to submit other information requested in the Incompleteness Determination letter. I understand that by declining to submit all information the City of Ashland believes necessary, the Ashland Planning Division may conclude that the applicable criteria are not met and a Denial will be issued or recommended. ( 3. Decline to Provide any of the Requested Information (Inat�al �electec I decline to provide any of the information requested. I understand that the Community Development Department may conclude that the applicable criteria are not met and a Denial will be issued or recommended. Signed and Acknowledged {Applicant or Applicant's Agent) Date Return to: City of Ashland Planning Department Attn: Derek Severson, Senior Planner c/o 20 East Main Street Ashland, OR 97520 COMMUNITY DEVELOPMENT DEPARTMENT 51 Winbum Way TeL 541.552.2040 Ashland, Oregon 97520 Fax: 541.552,2050 ,Ls hland.or.Lis TTY: 800.735.2900 F14 ZONING PERMIT APPLICATION ,ima PIanning Division �y 51 Winburn way, Ashland OR 97520 �- 11 -10V6- 0n �45H LAND 61 CITY o # 541-488-5305 Fax 541-488-6006 FILE DESCRIPTION OF PROJECT P&E for Hillside Development, Tree Removal Permit, Variance to Lot Coverage DESCRIPTION OF PROPERTY Street Address 1029 Morton Street Assessor's Map No, 391 E 1 CAC Zoning RR -.5 FA :2 a I IRA L, k I Pursuing LEED® Certification? © YES 9 NO Tax Lot(s) 435 Comp Plan Designation Rural Residential Name Rogue Planning & Development Services Phone 541-951-40202 E -Mail Address 1314-B Center Dr., PMB#457 amygunter.planning@gmail.com city Medford Zip 97501 PROPERTY OWNER Name James & Joy Hayes Phone 541-218-9972 E -Mail jhayes_l@hotmail.com Address 1550 Draper Valley Road city Selma Zip 97538 SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Engineer Name DEI Engineering phone 541-897-0021 E -Mail brian@deiengineers.com Address PO BOX 796 city Talent Zip 97540 Title Arborist Name Canopy Tree Care Phone 541-631-8000 E -Mail canopyarborcare@gmai1.com Address 157 Max Loop City Talent zip 97540 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 t 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. t further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that 1 produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact fumished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate, and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expens , If 1 have any doubts, 1 am advised to seek competent professional advice and assistance. 4 ctrl.�Qi2. 3.10.2023 Applicant's Itigdature Date As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property owner. �, tr Property Owner's Signature (required) Date [rn be completed by city Mafq Date Received �J l3 Zoning Permit Type l \-we Filing Fee $ 210.50 OVER N G:lcomm-devSpla ing\Fe ms & Aandauts\Zaning Pemit Applicatinn.doc ZONING PERMIT SUBMITTAL REQUIREMENTS u APPLICATION FORM must be completed and signed by both applicant and property owner. u PLANNING FEES FORM must be completed and signed by both applicant and property owner. • FINDINGS OF FACT — Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre -Application Comment document. o TRUE SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 11x17 inches. Include site plan, building elevations, parking and landscape details. 0 FEE (Check, Charge or Cash) ❑ LEEDO 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 part of the project team throughout design and construction of the project; and • The LEEDO 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. GAwm-davNplwininpWo—& HmdoutsVZoning Permit Applicadan.doc 1029 MORTON STREET HAYES RESIDENCE PHYSICAL & ENVIRONTMENTAL CONSTRAINTS REVIEW PERMIT FOR HILLSIDE DEVELOPMENT VARIANCE TO LOT COVERAGE TREE REMOVAL PERMIT Subject Property Property Address: Map and Tax Lot: Property Owner: 1029 Morton Street 39 1E 16AC; 435 James & Joy Hayes 1550 Draper Valley Road Selma, OR 97538 Engineering and Geotech: DEI Engineering Brian Dunanagn PO Box 796 Talent, OR 97540 Planning Consultant: Rogue Planning & Development Services, LLC 1314-B Center Dr., PMB#457 Medford, OR 97501 Request: The request is for a Physical and Environmental Constraints Review Permit for the construction of a new residential home on a vacant parcel at 1029 Morton Street (39 1E 16AC; 435). The development of the property requires a Hillside Development Permit and a Variance to lot coverage. A Tree Removal permit is required for removal of seven significant trees. Property Background: The subject property is located on the north side of the Morton Street loop. It is a vacant, 16,073.64 square foot parcel. The property is part of the Park Estates 11 Subdivision, a Performance Standards Subdivision, created in 1986 (PA84-071). The subject property is zoned Rural Residential (1111-.5). All of the properties in the vicinity are also zoned RR -.5. Most of the adjacent properties are occupied by single family homes and associated accessory structures. One of the subdivision open spaces is located to the east of the subject property. A Private Pedestrian Access and Public Utility Easement is located along the south and east sides of the property. The lot slopes downhill away from the street to the southeast. The property has slopes of more than 25 percent. The average slope of the property is 30 percent (east of shared driveway, excluding steep slope between street and driveway). There are small areas of more than 35 percent outside of the building area. The adjacent properties are occupied by single family homes and associated accessory structures. 1029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 1 of 18 For the purposes of the solar setback calculations, the lot is slope of 47 percent downhill to the north. Per AMC 1$.4.8.020.8. the lot is exempt from Solar Setback Standards. The lot was exempted from the solar setback standards during the original subdivision approval process. There are more than 20 trees on the site. Within or near the building area there are 20 trees. These trees listed on the Tree Inventory. The mow- --lamJ, trees include Black Oak (Quercus kelloggi), Madrone (Arbusus menzeisii), Douglas Fir (Pseduotsugo menzeisii), and Ponderosa Pine (Pinus ponderosa). The property is accessed via a shared driveway that serves the properties to the north and south of the subject lot. The driveway is paved. There is a steep slope between the driveway and Morton Street. Morton Street is improved with curb and gutter. There is a narrow curbside sidewalk that terminates near the north property corner. The community shared mailbox, a group of individual mailboxes and the storm drain manhole cover are located along the subject lot frontage adjacent to the curb. 1029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 2of18 Project Proposal: The request is to construct a new single family residential home on the vacant lot located at 1029 Morton Street, between 1035 and 1023 Morton Street. The site is the second to last vacant lot in the Park Estates Il Subdivision. The proposed residence is a 3,370 square foot two story structure with basement. There is a 554 square foot. The driveway access is required to be taken from the shared driveway. The subject property has slopes of more than 25 percent and is therefore subject to the Physical and Environmental Constraints section of the Ashland Unified Land Use Ordinance for Hillside Development. A Variance to the lot coverage standards is requested. The maximum lot coverage in the zone is 20 percent (3,214.68 SF) with 200 SF of porous surface (3,414.68 SF). The proposed lot coverage is 3,535 SF, or 29 percent. The lot coverage is increased by the shared driveway. Slight increases in coverage is consistent with other lot coverages on the adjacent properties that are in the vicinity of the property. Of the 20 trees in and near the building footprint, 14 trees are proposed for removal. Seven of the trees proposed for removal are significant trees and two of the seven trees are dead conifer trees. The others are either too close to survive construction or within the footprint of the home and driveway. On the following pages are findings of fact addressing the approval criteria for Hillside Development, Tree Removal and the criteria for a Variance to lot coverage are addressed below. 1029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 3 of 18 FINDINGS OF FACT Ashland Municipal Code for Physical and Environmental Constraints Review: 18.3.10.060 Land Classifications. B. Hillside Lands are areas defined as Hillside Lands on the Physical and Environmental Constraints Hillside Lands and Severe Constraints map and which have a slope of 25 percent or greater. C. Wildfire Lands 18.3.10.050 Approval Criteria A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. Finding: The proposed residence is sited in a manner to have the least amount of disturbance by using cuts for construction and retained fill material to construct the driveway. The property is of similar size, slope, has the same vegetation types and underlying soils as the adjacent properties which are built out. The site development will not disturb the areas of the property where there are more than 35 percent slopes. The proposed construction utilizes cut foundation and low pitch multi angle roof pitches. The residence is setback from the driveway by more than 15 -feet and provides adequate setbacks from the side property lines. The residence is substantially setback from the rear property line that abuts the common open space and the steepest areas of the property. The location also preserves the greatest number of trees by keeping the house near the driveway verses stepping it substantially downhill. The structure is located as close as practicable in the areas of the site that are the least steep and least number of trees. The proposed driveway has minimal length and width Through the application of the requirements of the Hillside Ordinance, the oversight and design by an experienced structural engineer, the implementation of the erosion control plan and tree protection / preservation, potential adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. Finding: The developable area of property exceeds 25 percent slopes. All potential hazards, including, erosion from the hillside, wildfire hazards, and reduced impacts to the riparian area were all considered and anticipated in the development of the property. Erosion control systems utilizing the installation of silt fencing. The building plans, erosion control, retaining wall design, and proposed stormwater have been designed by an engineer that has substantial experience in hillside development in Oregon and Nevada. There are no known hazards in the development area or immediately adjacent. There is no evidence of surface water or seepage, scarring or other evidence of landslide or slope failure. 1029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 4 of 18 The erosion control measures will remain in place throughout the duration of the site work portions of construction. The tree protection fencing will remain in place throughout the duration of construction or until the exterior of the structure is completed and no additional site disturbance is occurring. 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: All reasonable steps to reduce adverse impact on the environment. The proposed residence preserves the steepest portions of the property in an undisturbed state. The largest and most dense trees are preserved. The site disturbance is limited to the areas of construction and there are not changes to the majority of the area of the property. There are no irreversible actions that will have negative impacts to the environment. Site disturbance from construction will be re -vegetated with native grass seed mix. The applicant finds that the surrounding properties, all constructed under permit with the City of Ashland provide the baseline for the "maximum development" permitted by ordinance. The surrounding properties in the impact area, also approved with the same conditions of approval from the Park Estates Subdivision. The residence is in a developed neighborhood among homes that were largely built before the hillside development standards and those homes are still standing and foundations, retaining walls, driveway and other site improvements have not failed. The average amount of impervious area on the adjacent properties is greater than what is proposed in this application. The proposed development has 3,535 square feet of total impervious areas, including the footprint of the residence, the site driveway and 50 percent of the area of the shared driveway. 6y comparison, the average amount of impervious area on adjacent properties is 3,898 square feet. This considerably less amount of impervious area translates to significantly less irreversible site disturbance. 1.8.3.10.090 Development Standards for Hillside Lands A. General Requirements. The following general requirements shall apply in Hillside Lands. 1, Buildable Area. All development shall occur on lands defined as having buildable area. Finding: The subject property does have areas greater than 35 percent, but all proposed development is to occur outside of the areas that are greater than 35 percent. It is the applicant's understanding that building envelopes were provided with the original subdivision but those are not able to be located. 1029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 5 of 18 B. Hillside Grading and Erosion Control. All development on lands classified as Hillside shall provide plans conforming to the following items. 1. All grading, retaining wall design, drainage, and erosion control plans for development on Hillside Lands shall be designed by a geotechnical expert. All cuts, grading or fills shall conform to the International Building Code and be consistent with the provisions of this ordinance. Erosion control measures on the development site shall be required to minimize the solids in runoff from disturbed areas. Finding: The grading, drainage, retaining wall and erosion control plans have been designed by an geotechnical expert. Brian Dunagan, P.E., of DEI Engineering has substantial experience in design of properties with steep slopes. Silt fencing is to be installed on the downhill side of the construction area to minimize runoff during construction and native grass reseeding will be provided post construction to provide permanent erosion control post construction. 2. Timing of Improvements. Finding This proposal is exempt from this section of the code. 3. Retention in natural state. Finding: This proposal is exempt from this section of the code. 4. Grading - Cuts. 4n all cut slopes on areas classified as Hillside Lands, the following standards shall apply. a. Cut slope angles shall be determined in relationship to the type of materials of which they are composed. Where the soil permits, limit the total area exposed to precipitation and erosion. Steep cut slopes shall be retained with stacked rock, retaining walls, or functional equivalent to control erosion and provide slope stability when necessary. Where cut slopes are required to be laid back (1:1 or less steep), the slope shall be protected with erosion control getting or structural equivalent installed per manufacturers specifications, and revegetated. Finding: The proposed structure is cut into the hillside leaving no exposed cut slopes. b. Exposed cut slopes, such as those for streets, driveway accesses, or yard areas, greater than seven feet in height shall be terraced. Cut faces on a terraced section shall not exceed a maximum height of five feet. Terrace widths shall be a minimum of three feet to allow for the 1029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 6 of 18 introduction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical height of 15 feet. The top of cut slopes not utilizing structural retaining walls shall be located a minimum setback of one-half the height of the cut slope from the nearest property line. Finding: There are no exposed cut slopes. c. Cut slopes for structure foundations which reduce the effective visual bulk, such as split pad or stepped footings, shall be exempted from the height limitations of this section. Finding: The proposed residence is cut into the hillside. The downhill walls are the structural retaining for the building. d. Revegetation of cut slope terraces shall include the provision of a planting plan, introduction of top soil where necessary, and the use of irrigation if necessary. The vegetation used for these areas shall be native, or species similar in resource value to native plants, which will survive, help reduce the visual impact of the cut slope, and assist in providing long term slope stabilization. Trees, bush -type plantings, and cascading vine -type plantings may be appropriate. Finding: There are no cut slope terraces. The areas directly adjacent to the residence where the soil has been disturbed are proposed to be re -seeded with native plant mixture. 5. Grading - Fill. On all fill slopes on lands classified as Hillside Lands, the following standards shall apply. a. Fill slopes shall not exceed a total vertical height of 20 feet. The toe of the fill slope area not utilizing structural retaining shall be a minimum of six feet from the nearest property line. Finding: No fill slopes are proposed. All fill areas are proposed to be retained. b. Fill slopes shall be protected with an erosion control netting, blanket or functional equivalent. Netting or blankets shall only be used in conjunction with an organic mulch such as straw or wood fiber. The blanket must be applied so that it is in complete contact with the soil so that erosion does not occur beneath it. Erosion netting or blankets shall be securely anchored to the slope in accordance with manufacturer's recommendations. Finding_: No un -retained fill slopes are proposed. 1029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 7 of 18 c. Whenever possible, utilities shall not be located or installed on or in fill slopes. When determined that it necessary to install utilities on fill slopes, all plans shall be designed by a geotechnical expert. Finding: The utilities are not being installed on fill slopes. They are proposed to be installed from the southeast corner of the structure to the Public Utility Easement. d. Revegetation of fill slopes shall utilize native vegetation or vegetation similar in resource value and which will survive and stabilize the surface. Irrigation may be provided to ensure growth if necessary. Evidence shall be required indicating long-term viability of the proposed vegetation for the purposes of erosion control on disturbed areas. Finding: No un -retained fill slopes are proposed. 6. Revegetation Requirements. Where required by this chapter, all required revegetation of cut and fill slopes shall be installed prior to the issuance of a certificate of occupancy, signature of a required survey plat, or other time as determined by the hearing authority. Vegetation shall be installed in such a manner as to be substantially established within one year of installation. Finding: The only landscaping proposed is to reseed the areas of disturbance that is directly adjacent to the area of disturbance from the construction. The revegetation areas will be installed prior to the issuance of the certificate of occupancy. 7. Maintenance, Security, and Penalties for Erosion Control Measures. a. Maintenance. All measures installed for the purposes of long-term erosion control, including but not limited to vegetative cover, rock walls, and landscaping, shall be maintained in perpetuity on all areas which have been disturbed, including public rights-of-way. The applicant shall provide evidence indicating the mechanisms in place to ensure maintenance of measures. Finding: The landscaping will be maintained in perpetuity. b. Security. Finding: The subject lot is not subject to this section of code as it existed prior to January 1, 1998. 1029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 8 of 18 8. Site Grading. The grading of a site on Hillside Lands shall be reviewed considering the following factors. a. No terracing shall be allowed except for the purposes of developing a level building pad and for providing vehicular access to the pad. Finding: There are no terraces. The only retaining is for the driveway fill to provide access to the Building pad. b. & c. Avoid hazardous or unstable portions of the site. Finding: There is no physical evidence on the site of any hazardous or unstable portions of the site. d. Building pads should be of minimum size to accommodate the structure and a reasonable amount of yard space. Pads for tennis courts, swimming pools and large lawns are discouraged. As much of the remaining lot area as possible should be kept in the natural state of the original slope. Finding: No formal yard space is proposed. Areas of disturbance will be re -seeded with native grasses post construction, and the majority of the site will be retained in a natural state. 9. Inspections and Final Report. Prior to the acceptance of a subdivision by the City, signature of the final survey plat on partitions, or issuance of a certificate of occupancy for individual structures, the project geotechnical expert shall provide a final report indicating that the approved grading, drainage, and erosion control measures were installed as per the approved plans, and that all scheduled inspections, as per 18.3.10.090.A.4.j were conducted by the project geotechnical expert periodically throughout the project. Finding: A final inspection report completed by the geotechnical expert, structural engineer will be provided prior to the issuance of the certificate of occupancy. C. Surface and Groundwater Drainage. Finding: The surface and groundwater drainage on the site will be directed into the city's storm drain system. When the subdivision was developed, all necessary infrastructure was constructed to sustain all of the lots in the subdivision. 3029 Morton street Physical Constraints Review Permit March 10, 2023 Page 9 of 18 D. Tree Conservation, Protection and Removal. All development on Hillside Lands shall confonn to the following requirements. 1. Inventory of Existing Trees. Finding: See the attached Tree Inventory and report completed by Christopher John, Arborist from Canopy LLC. Details regarding the protection and the excavation methods around the trees to be preserved is addressed in the report. A large portion of the site is not affected by the proposed development and therefore is not included in the inventory. 2. Evaluation of Suitability for Conservation. Finding: See the attached Tree Inventory and report completed by Christopher John, Arborist from Canopy LLC. Details regarding the protection and the excavation methods around the trees to be preserved are addressed. A large portion of the site is not affected by the proposed development and therefore is not included in the inventory. 3. Tree Conservation in Project Design. Finding: The site layout including utility installation are in the areas of least disturbance and will not have negative impacts on the preserved trees. The minimum number of trees are proposed for removal, and all are within the building area or near the building excavation area and will be negatively impacted during construction. 4. Tree Protection. Finding: All trees designated for conservation will be clearly marked on the project site. Prior to the start of any clearing, stripping, stockpiling, trenching, grading, compaction, paving or change in ground elevation, tree protection fencing in accordance with section 18.4.5.030.0 will be installed. A six- foot chain link fence is proposed to be installed at or near the dripline of the trees to be preserved. The Tree Protection plan has a general tree protection zone identified that speaks to one foot per inch DBH. The arborist report details the construction methods in the areas adjacent to the trees. 5. Tree Removal. Development shall be designed to preserve the maximum number of trees on a site. The development shall follow the standards for fuel reduction if the development is located in Wildfire 1029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 10 of 18 Lands. When justified by findings of fact, the hearing authority may approve the removal of trees for one or more of the following conditions. Finding: There are seven, significant trees proposed for removal. Of these, there is on dead Ponderosa Pine and one dead Douglas fir tree. a. The tree is located within the building envelope. Finding: A 12.5 -inch DBH Madrone, 12.5 -inch Black Oak, and a 24 -inch DBH Douglas Fir are within the building envelope. b. The tree is located within a proposed street, driveway, or parking area. Finding: Not applicable. c. The tree is located within a water, sewer, or other public utility easement. Finding Not applicable. d. The tree is determined by a landscape professional to be dead or diseased, or it constitutes an unacceptable hazard to life or property when evaluated by the standards in 18.3.10.090.D.2. Finding: There are two 17 -inch DBH Douglas Fir trees that have been determined to be dead by the arborist. e. The tree is located within or adjacent to areas of cuts or fills that are deemed threatening to the life of the tree, as determined by a landscape professional. Finding: There is a 19 -inch DBH Douglas Fir and a 12 -inch DBH Madrone that were deemed too close to the building area to survive the construction. 6. Tree Replacement. Finding: 1029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 11 of 18 There are five trees proposed for removal that are not dead. Due to the density of vegetation on the site, alternatives to not replace the five living trees removed is requested. f=ollowing the construction, a deciduous tree is proposed to be planted adjacent to the driveway to satisfy the street tree planting requirement from the subdivision. E. Building Location and Design Standards. All buildings and buildable areas proposed for Hillside Lands shall be designed and constructed in compliance with the following standards. 1. Building Envelopes. Finding: The structure is within the buildable area of the site. The subdivision predates the hillside development standards. Though there were building envelopes referenced in the subdivision files, it is unclear what those are. A note on the subdivision plat notes that the buildings will comply with the RR -.5 zone setbacks. The proposed residence adheres to the yard setbacks allowed by code and the Public Utility Easements on the property. 2. Building Design. To reduce hillside disturbance through the use of slope responsive design techniques, buildings on Hillside Lands, excepting those lands within the designated Historic District, shall incorporate the following into the building design and indicate features on required building permits. a. The height of all structures shall be measured vertically from the natural grade to the uppermost point of the roof edge or peak, wall, parapet, mansard, or other feature perpendicular to that grade. Maximum hillside building height shall be 35 feet. Finding: The proposed residence is less than 35 -feet in height from natural grade. b. Cut buildings into hillsides to reduce effective visual bulk. i. Split pad or stepped footings shall be incorporated into building design to allow the structure to more closely follow the slope. ii. Reduce building mass by utilizing below grade rooms cut into the natural slope. Finding: The residence is cut into the slope on the property with a stepped foundation. There are below grade rooms, and the upper level utilizes the basement roof as an outdoor deck. c. A building step back shall be required on all downhill building walls greater than 20 feet in height, as measured above natural grade. Step -backs shall be a minimum of six feet. Decks projecting out from the building wall and hillside shall not be considered a building step -back. 1029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 12 of 18 No vertical walls on the downhill elevations of new buildings shall exceed a maximum height of 20 feet above natural grade. Finding: The downhill walls are less than 20 -feet as measured from natural grade (see attached elevations). The upper floor is stepped back six feet from the fagade of the floor below. d. Continuous horizontal building planes shall not exceed a maximum length of 36 feet. Planes longer than 36 feet shall include a minimum offset of six feet. Finding: The horizontal building plane is 36 -feet. c. It is recommended that roof forms and roof lines for new structures be broken into a series of smaller building components to reflect the irregular forms of the surrounding hillside. Long, linear unbroken roof lines are discouraged. Large gable ends on downhill elevations should be avoided, however smaller gables may be permitted. Finding: The residence has low pitch, shed style roofs that cascade downhill. No large gable ends are proposed on the downhill elevations. f. It is recommended that roofs of lower floor levels be used to provide deck or outdoor space for upper floor levels. The use of overhanging decks with vertical supports in excess of 12 feet on downhill elevations should be avoided. Finding: The roof of the below grade basement is providing for a seven -foot deck for the stepped back main level. There is one smaller deck for the basement level. The deck support posts are not taller than 12 -feet. g. It is recommended that color selection for new structures be coordinated with the predominant colors of the surrounding landscape to minimize contrast between the structure and the natural environment. Finding: Natural colors selected from the predominant colors of the surrounding landscape will be used for the exterior paint finishes. The metal roof will be painted and not reflective galvanized metal. 1029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 13 of 19 F. All structures on Hillside Lands shall have foundations designed by an engineer or architect with demonstrable geotechnical design experience. A designer, as defined, shall not complete working drawings without having foundations designed by an engineer. Finding: The foundation will be designed by an engineer. The engineered foundation will be provided with the building permit set. G. All newly created lots or lots modified by a lot line adjustment must include building envelopes containing a buildable area less than 35 percent slope of sufficient size to accommodate the uses permitted in the underlying zone, unless the division or lot line adjustment is for open space or conservation purposes. Finding: This section is not applicable. The subject lot was approved in 1984 and platted in 1986. 18.3.10.100 Development Standards for Wildfire Lands B. Requirements for Construction of All Structures. Finding: Compliance with the development standards for wildfire lands will be implemented on-site prior to introduction of combustible construction materials. Trees will be limbed up above the roof, the grass will be mowed, and small diameter ladder fuels will be removed. Additionally, a fire resistant metal roof is proposed. Lot Coverage Variance: Variance Approval: Criteria 18.5.5.050 1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance. Finding; The maximum lot coverage in the RR -.5 zone is 20 percent. The proposed development of the residence and driveway is nine percent over the maximum of 20 percent. (10,326 X.20 = 2,065 sf allowed; 2,382 sf proposed (2065/2382 = 8.6)). The subject property is part of a larger subdivision that was created in the mid-1980s. The subdivision, was approved through the Performance Standards criteria and the area of the subdivision was derived from lots that were zoned R-1-7.5, R-1-10 and RR -.5. The proposed lot coverage shown in the subdivision approvals was an estimated average of residence footprints, garages, driveways, streets and sidewalks across the three zones. Additionally, as part of the Park Estates Subdivision (I and II) large tracts of open space were provided. 1029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 14 of 18 The subdivision was processed through the Performance Standards option. That allows for the lot area for the individual parcels have less than allowed with the base zoning through the provision of large areas of common open space for the subdivision. It is likely that if the subdivision were approved today, the applicant would likely have requested a "performance standard lot coverage" allocation because of the large areas of undisturbed open spaces and the smaller than lot sizes than required by the base zone. in this case, the lot is zoned for a half -acre minimum (21,780 sf), but the lot is just over 16,000 square foot. A 21,780 square foot lot would allow for up to 4,350 sf of coverage, none of the parcels in the subdivision are % acre in area. The proposed coverage of nine percent more than the allowed coverage is similar too or less than the surrounding properties. The applicant has proposed a residence at the minimum setbacks for the zone and still does not meet the maximum lot coverage. The applicant has proposed a residence that is —500 sf smaller than the average residence in the zone and still does not meet lot coverage. The applicant has proposed impervious surfaces that are less than the average in the zone and still does not comply with maximum lot coverage in the zone. Based on the information provided on the attached spreadsheet of the properties within 200 -feet of the subject site, within the same subdivision it appears that though there is not expressly a performance standard lot coverage, it is clear that the previously approved homes do not comply with the City coverage standards. The applicant has proposed a smaller residence with less disturbed area, less mass and at the minimum setbacks and finds that the request is due to the lot area being smaller than allowed by the zone that is creating the need for the Variance. The proposed significantly smaller home with significantly less disturbed area is unique to the adjacent development that was developed under the same circumstances. 2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. Finding: The proposed structure, driveway areas, decks and stairs have been accounted for with the proposal. The proposed coverage exceeds the allowed coverage by nine percent. The unique physical circumstances include the shared driveway and the coverage created by that driveway. In order to meet the vehicular access standards, it is necessary to provide adequate back up area on the subject property to prevent backing out the shared driveway. This necessitates a larger driveway area. Some of the deck area included in the calculations is permeable which reduces the amount of actual coverage. Additionally, though zoned for .5 acre parcels (21,780 SF), the subject property is .369 acres (16,073.64 SF) which is more than 25 percent smallerthan the minimum lot area in the zone. A.5 -acre parcel allows 4,356 square feet of coverage, 1,000 square feet more than allowed on the subject property. 1.029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 15 of 13 3. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. Finding: The proposed residence and the nine percent lot coverage increase request will not have any negative impacts on the development of the adjacent properties. The request will allow for the construction of a new residence on a parcel that was created nearly 40 years ago thus furthering the intent of the Comprehensive Plan by allowing residential development in the residential zone with a similar coverage as the properties in the impact area. 4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant. Finding The requested variance to exceed the lot coverage by eight percent is not self-imposed. The applicant and property owner did not create the lot. The original subdivision developers did not provide for an average of lot coverage or use the large areas of open space to increase coverage throughout the subdivision. Most of the subdivision developed under the interpretation that only the footprint of structures was the contributing lot coverage (driveways, patios, pathway and decks regardless of surface were not included in the coverage calculations). Thus, the adjacent properties all have a greater lot coverage average than proposed on the subject property. 18.5.7.040 Tree Removal Permit Criteria B. Tree Removal Permit. 2. 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 funds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.3.10. Finding: There are seven significant trees that are proposed for removal. These trees are within the buildable area of the site, will be too close to the excavation to survive construction, and two fo the trees are dead. 3029 Norton Street Physical Constraints Review Permit March 10, 2023 Page 16 of 18 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 trees will not have a significant impact on erosion, soil stability or protection of adjacent trees or windbreaks. The trees are removed from the buildable area of the site and the potential for erosion is eliminated by the construction of the home. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Finding: There are five living trees and two dead trees proposed for removal. The removal of these trees will not have a significant impact on tree densities, sizes, canopies and species diversity. There are substantial numbers of deciduous and conifer trees remaining on the property, on the adjacent properties and within the subdivision openspace. There are large numbers of large stature, significant trees within 200 feet of the property. There are thousands of trees 540 -feet to the south of the property within the forested properties that are uphill of the subject property. 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 tree removal facilitates the construction of a residence on a residential lot. The majority of the trees on the property are retained outside of the development area. e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. Finding: There are numerous living trees on the site and in the vinincity. A shade tree as a street tree will be planted in the yard area adjacent to the driveway. The species and exact location has not been selected yet. The application would seek alternatives to replanting five trees on site due to the dense canopy coverage on the north facing slope. 1029 Morton Street Physical Constraints Review Permit March 10, 2023 Page 17 of 18 Conclusion: In conclusion, the applicant's find that the proposed moderately sized residence will be a welcome addition in the neighborhood. The original subdivision geotechnical report has indicated that the areas selected for development throughout the subdivision are suitable and the applicant's engineer has designed the erosion control, foundation type and retaining wall design. The site is one of the last remaining vacant lots from a 1980s subdivision. All reasonable steps necessary to prevent negative impacts to adjacent properties and the environment for the development of the site have been factored into the site design and placement of the residence. The applicant finds that all of the applicable City of Ashland requirements have been met or can be met through the imposition of conditions of approval. 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SIIT I` g j fig E � f Ij Z ^(i Q i 1 j 0 E ` o I L J T � LL LIJ n- q aw w a' GO g .Y ,p� 3 € HOW, ��a�� 8���=gHat �8' du � ffi ,_� w LU NH V� J �N � u pz6���-$�w 3 �LL��� 3o1�gEx��'3��s 8ul Ez Ia a€�Wa-71 p � seb ov9�dWettlb]xdlddw u � W'aNVlHBb m u7 IS NOD30H 6zol c � o W � � o � n - t-• � o DONHalS3N S�IAHH Q w Q Z ry 0 a � w � w z is Of o 1 r i o LL J ly § LL �wawawmu�w gym. a - ,<c� 'y seb ov9�dWettlb]xdlddw u � W'aNVlHBb m u7 IS NOD30H 6zol c � o W � � o � n - t-• � o DONHalS3N S�IAHH Q w Q Z ry 0 a � w � w z is Of o 1 r i o LL J ly § LL Tree Protection Plan Project site: 1029 Morton Prepared by: Canopy LLC Date: 02/23/2023 Construction Management Tree Protection Zone (TPZ): It is recommended that a tree protection zone be established around the root zone of any trees to be retained on the property or those trees on neighboring properties that could be impacted by construction activities. This protection zone should be established before any construction, excavation, land clearing, or grading begins. It is recommended that the protection zone be no closer than the furthest extent of the trees' dripline. This zone should be established with temporary 6' tall fencing and remain in place through project completion. Soil Compaction: To avoid soil compaction, heavy materials should not be stored, vehicles maneuvered or parked, grade changed, or paved surfaces constructed within the tree protection zone. If for construction ease, it is necessary for vehicles or machinery to access the area, a layer of mulch (6"-12" deep) should be applied for vehicles to drive on. This mulch layer should be reduced to a depth of 3"-4" upon project completion. Tree Care: If machinery needs to operate within the TPZ, steps should be taken to protect the tree trunk from injury. If injury should occur to any tree during construction, it should be inspected by an arborist or landscape professional for evaluation and treatment recommendations. Tree pruning required during construction should be performed by a qualified arborist and not by construction personnel. Root Protection: If excavation is necessary at or near the tree protection area, avoid cutting roots over 1"diameter where possible. If roots are severed, it is recornmended that they be cut "cleanly" with a saw or bypass pruners at a 90 degree angle (as opposed to being left "tom" by machinery). Pruned roots should not be left exposed for extended periods of time. Cover exposed roots with moist soil after pruning. If pruning of roots over 2" diameter are encountered near the TPZ, consultation with an arborist is advised. If excavation or trenching needs to occur in the protection area, it is recommended that you contact an arborist for additional evaluation and options. Water: If construction is occurring during the driest months of June thru September, it is recommended that the trees receive a deep watering throughout thein root zone 1-2x per month. Water should permeate to a depth of 30". Table 1 Tree Inventory 1029 Morton St Feb 23, 2023 Tree # Specles Size (DBFI) Notes 1 Black oak, Quercus kelloggii Multi -stem: 12.5", Remove -- within building footprint. 10", 6.5", 10" 8" 2 Madrono, Arbutus menzolsil 12.5" Remove - within building footprint. 3-8 Madrone, Arbutus menzoisii 8" Remove - within building footprint. 9 Doulas fir, Pseudotsuga 24" Remove - close proximity tq menzeisii building envelope. Not likely to survive construction impact and may become destabilized. 10 Black oak, Quercus kelloggii 8" Remove — -- 11 Doulas fir, Pseudotsuga 17" Remove - dead. menzeisii 12 Doulas fir, Pseudotsuga 19" Remove - tree is In decline and in menzeisii close proximity to building envelope. 13 Madrone, Arbutus menzeisii Multi -stem: 12", Remove - close proximity to m 9.5, 81., 811, 911, building envelope. Not likely to 11.75", survive construction impact. 14 Ponderosa pine, Pinus 15" Retain and protect. ponderosa 15 Madrone, Arbutus menzeisii Multiple 5"-B" Remove - close proximity to building envelope. Not likely to survive construction impact. 16 Ponderosa pine, Pinus 23" Retain and protect. ponderosa 17 Doulas fir, Pseudotsuga 17" Retain and protect. menzeisii 19 Black oak, Quercus kelloggii 14.5" Retain and protect. 19 Doulas fir, Pseudotsuga 17" Remove - dead. menzeisii 20 Ponderosa pine, Pinus 16.5" Retain and protect. ponderosa Forested area Multiple trees and species Multiple Retain and protect. below building footprint at eastern end of property 1 HAYES RESIDENCE 1029 MORTON ST. ASHLAND. OR MAP #3901E IGAG TAXLOT #435 The comments of this pre -application arepreliminary in nature and subject to change based upon the submittal of additional or different information. The Planning Commission or City Council are the final decision making authority of the City, and are not bound by the comments made by the Staff as part of this pre -application. ASHLAND PLANNING DEPARTMENT PRE -APPLICATION CONFERENCE COMMENT SHEET June 15, 2022 PLANNING DIVISION COMMENTS: SITE: 1029 Morton Street APPLICANT: Jimmy & Joy Hayes REQUEST: Physical & Environmental Constraints Review Permit This pre -application conference is intended to highlight significant issues before the applicant prepares and submits a formal application. i The property located at 1029 Morton St is zoned RR -0.5 and requires a review because of a proposed alteration of the land surface in areas identified as Hillside Land and potentially Severe Constraint Land. Building Envelope: Based on the pre -application materials, the building envelope contains Hillside Lands (slopes greater than 25%), but not Severe Constraint Lands (slopes greater than 35%). Our GIS map (Figure 1) does not conclusively show that there is available space for the proposed building envelope without encroaching on land that is identified as "Severely constrained land" (slopes greater than 35%). A completed application should include a slope analysis (example in Figure 2) prepared by a surveyor showing the buildable area. If the proposed building encroaches on lands identified as severely constrained then a Geotech report will be required, Zoning: The property is zoned RR -0.5 which has a maximum lot coverage of 20%. The pre -application materials state that the structures total 3286 sf, resulting in a lot coverage of just under 20%. The final planning application should address lot coverage including, any proposed walking paths, patios, parking areas, driveways and landings on the property. Building Design: Staff has determined the proposed Figure 1 Slope category areas are areas of uniform slope (within 5%) of the maximum Indicated 35 35 31. f 1� r .lS.xi 1 i !O D Yv b f ! ]5 •A � Y• 35 x; Buildable Area - Slope Is measured All areas less than perpendicular to or equal to 35% slope contour lines vertical wall height and proposed continuous horizontal Figure 2 building plane are not compatible with the hillside design standards (see standards attached). Additional items to be addressed in a final planning application: A final planning application should address the wildfire fuel modification area and tree protection plan, including all proposed tree removals. The final planning application should address lot coverage including any solid surfaces that do not allow natural water infiltration to the soil. Any retaining walls, terracing, or other construction must be included in the final application. 1029 Morton St Tune 15, 2022 Page Iljt Parking, Access, & Internal Circulation: Two off-street parking spaces are required for a single- family dwelling. Three off-street parking spaces are required for a single-family residential serviced by a driveway more than 50 feet in length. Grading and Erosion Control: A grading plan including the location of all areas of land disturbance, including cuts, fills, driveways, building sites, and other construction areas is required. The total area of disturbance, total percentage of project site proposed for disturbance, and maximum depths and heights of cuts and fill must be included. An erosion control plan must be submitted with the application. The erosion control measures are required to minimize the solids in run off from disturbed area. Exposed cut slopes, such as those for yard areas, greater than seven feet in height are required to be terraced. Cut faces cannot exceed a maximum height of five feet. Terrace widths shall be a minimum of three feet to allow for the introduction of vegetation for erosion control. Total cut slopes shall not exceed a maximum vertical height of 15 feet. The grading plan, erosion control plan and retaining walls must be designed and stamped by an engineer with experience in geologic hazards evaluation and geotechnical engineering. Figure 3 Storm Drainage: Storm drainage plan must be submitted with the application. Storm drainage facilities trust direct surface water away from cut faces of fill slopes and be designed to avoid erosion on-site and to adjacent downstream properties. Planting and Irrigation Plan.: A planting/irrigation plan is required to demonstrate the manner in which cut slope terraces and fill slopes will be revegetated. The vegetation used for these areas must be native or species similar in resource value, which will survive, help reduce the visual impact of the cut/fill slopes and assist in providing long-term slope stabilization. Tree Inventory & Evaluation: The tree survey must locate all trees greater than six inches diameter at breast height and identify the species of each tree and approximate extent of the tree canopy. Trees to be removed and in areas that will be disturbed must be clearly identified. The name, signature and address of the person preparing the tree survey must be indicated on the tree survey. The application must also address the suitability of trees for conservation and demonstrate that the trees to be preserved have been incorporated into the design. Trees to be removed, unless diseased, dead or a hazard must be replaced. A tree -replanting plan must be submitted with the application. Inspection Schedule: An inspection schedule for the geotechnical expert must be submitted with the application. The project geotechnical expert must provide a final report indicating that the approved grading, drainage, and erosion control measures were installed as per the approved plans and all scheduled inspections were conducted throughout the project. Information on Drive Grade - The maximum grade permitted is 15%. It appears that the drive meets this standard but the final application should indicate the grade on the plans. A completed application will be required to include a geotechnical study with all of the items listed in AMC 18.3.10.110.D 1029 Morton St June 15, 2022 Page 2/jt SSfaot;= — Slackedroa C / ' or masonry mal, Slope Wa€i height 3 foot minimum Na terrace height 20 loot i :.ii•. °'• max=mum 5 foot maximum 111 fill Slope :-.' terrace height f height Required ' Erosion Control netting Figure 3 Storm Drainage: Storm drainage plan must be submitted with the application. Storm drainage facilities trust direct surface water away from cut faces of fill slopes and be designed to avoid erosion on-site and to adjacent downstream properties. Planting and Irrigation Plan.: A planting/irrigation plan is required to demonstrate the manner in which cut slope terraces and fill slopes will be revegetated. The vegetation used for these areas must be native or species similar in resource value, which will survive, help reduce the visual impact of the cut/fill slopes and assist in providing long-term slope stabilization. Tree Inventory & Evaluation: The tree survey must locate all trees greater than six inches diameter at breast height and identify the species of each tree and approximate extent of the tree canopy. Trees to be removed and in areas that will be disturbed must be clearly identified. The name, signature and address of the person preparing the tree survey must be indicated on the tree survey. The application must also address the suitability of trees for conservation and demonstrate that the trees to be preserved have been incorporated into the design. Trees to be removed, unless diseased, dead or a hazard must be replaced. A tree -replanting plan must be submitted with the application. Inspection Schedule: An inspection schedule for the geotechnical expert must be submitted with the application. The project geotechnical expert must provide a final report indicating that the approved grading, drainage, and erosion control measures were installed as per the approved plans and all scheduled inspections were conducted throughout the project. Information on Drive Grade - The maximum grade permitted is 15%. It appears that the drive meets this standard but the final application should indicate the grade on the plans. A completed application will be required to include a geotechnical study with all of the items listed in AMC 18.3.10.110.D 1029 Morton St June 15, 2022 Page 2/jt Inspections and Final Report: Prior to the certificate of occupancy for individual structures, the project geotechnical expert shall provide a final report indicating that the approved grading, drainage, and erosion control measures were installed as per the approved plans, and that all scheduled inspections, as per 18.3.10.090.A.4.j were conducted by the project geotechnical expert periodically throughout the project. Neighborhood Outreach: Staff always recommends that applicants approach the affected neighbors, particularly those who are likely to receive notice of an application, in order to make them aware of the proposal and to try to address any concerns that may arise as early in the process as possible. Notices are typically sent to neighboring property owners within a 200 -foot radius of the perimeter subject property. Written Findings/Burden of Proof: This pre -application conference is intended to highlight significant issues of concern to staff and bring them to the applicant's attention prior to their preparing a formal application submittal. Applicants should be aware that written findings addressing the ordinance and applicable criteria are required, and are heavily depended on when granting approval for a planning action. In addition, the required plans are explained in writing below. The burden of proof is on the applicant(s) to ensure that all applicable criteria are addressed in writing and that all required plans, written findings, and other materials are submitted even if those items were not discussed in specific, itemized detail during this initial pre -application conference. OTHER ORDINANCE REQUIREMENTS: See AMC 18.2.5.030.C. — Standards for Rural Residential Zones. The subject property is zoned RR -.5. 18.3.1O.05O Approval Criteria An application for a Physical Constraints Review Permit is subject to the Type I procedure in section 18.5.1.050 and shall be approved if the proposal meets all of the following criteria. A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. 1029 Morton St June 15, 2022 Page 3/jt OTHER DEPARTMENTS' COMMENTS: BUILDING: No comments at this time. Please contact the Building Division for any building codes -related questions at 541-488-5305. CONSERVATION: No comment at this time. Please contact the Conservation Division for any Conservation information at 541-488-5306. FIRE: See attached Fire Report. Please contact Ralph Sartain from the Fire Department for any Fire Department -related information at 541-552-2229 or via e-mail to ralph.sartain@ashland.or.us. ENGINEERING: See below comments. Please contact Karl Johnson of the Engineering Division for any Public Works/Engineering information at 541-552-2415 or via e-mail to karl.johnson@ashland.or.us . ENGINEERED PLANS: Where public improvements are required or proposed, the applicant's engineer shall submit design plans for approval of all public improvements identified on the approved plan or as specified in conditions of approval. One set of these civil plans MUST be submitted DIRECTLY to the Public Works/Engineering Department. All design plans must meet the City of Ashland Public Works Standards. Engineered construction plans and specifications shall be reviewed and signed by the Public Works Director, prior to construction. All public facilities within the development will be designed to the City of Ashland Engineering Design Standards for Public Improvements. The engineered plans shall also conform to the following: • If drawings are submitted to the City of Ashland digitally, they shall be true scale PDF drawings. If AutoCAD drawings are also submitted, they shall be compatible with the AutoCAD release being used by the City at that time and shall be located and oriented within the Oregon State Plain Coordinate System (NAD83-89). • Drawings sizes shall comply with ANSI -defined standards for page width and height. Review drawings may be submitted in B size (11x17). Bidding and construction documents may also be printed at B size; however, all final as -constructed drawings must be submitted to scale on D -size (24x36) Mylar. Digital files of the as -constructed drawings shall also be submitted. Drawings shall be drawn such that reduction of plans from full size (D sized) to half size (B sized) can be done to maintain a true scale on the half -sized plans. STREET IMPROVEMENT: No additional street improvements, beyond those necessary to comply with City Street Standards, will be required at this time. RIGHT OF WAY: 1029 Morton St June 15, 2022 Page 4/jt No additional right of way dedication, beyond that necessary to comply with City Street Standards, will be required at this time. SANITARY SEWER: The properly is currently served by an 8 -in sanitary sewer main along the southerly property line. The applicant proposed improvements must be reviewed, approved and permitted by the City of Ashland Engineering Department. The property is currently served by an 8 -in water main in Morton Street. City of Ashland Water Department shall tap existing water main and install any new water services and water meter boxes that are proposed by development. City of Ashland Water Department must be contacted for availability, placement and costs associated with the installation of the new water service. Service & Connection Fees will also be required for any new water services installed as part of this project. Please Contact Steve Walker at 541-552-2326 or ( walkersnashland.or.us ) with any questions regarding water utilities. STORM WATER FACILITY DESIGN REQUIREMENTS: All development or redevelopment that will create or replace 2,500 square feet or more of impervious surface (buildings, roads, parking lots, etc.) area that discharges to an MS4 (municipal separate storm sewer systems), must comply with the requirements of the DEQ MS4 General Permit phase 2. Applicant MUST follow the guidance and requirements set forth in the current Rogue Valley Stormwater Quality Design Manual which can be found at the following website: https://www.r-vss.us/pilot.asp?pg=Stori,nwaterDesignManual All stormwater calculations, reports, drawings, etc. shall be submitted to the City of Ashland Engineering Department for review. EROSION & SEDIMENT CONTROL: The following requirements shall be met: • All ground disturbances exceeding 2,500 square feet shall implement an Erosion and Sediment Control Plan (ESCP). • A 1200-C permit will be secured by the developer where required under the rules of the Oregon State DEQ. City of Ashland Engineering Department must receive a copy of this permit before any construction shall begin. • Erosion Prevention and Sediment control measures that meet the minimum standards set forth by the City of Ashland Public Works/Engineering Standard Drawing CD282 must be in place before any construction related to the project begins. • Pollution, track out, and sediment dumping into storm water are strictly prohibited per AMC 9.08.060. • Drainage from automotive use areas shall be limited to oil concentrations of 10 mg/1 by a pre -approved means. 1029 Morton St June 15, 2022 Page 5/jt - Trash storage areas shall be covered or provide additional storm water treatment by an approved means. - Off street parking areas shall conforms. to Ashland Municipal Code 18.4.3.080.B.5, including provisions to minimize adverse environmental and microclimatic impacts. DRIVEWAY ACCESS: No additional improvements/requirements will be requested at this time, but the applicant proposed improvements must be reviewed and permitted by the City of Ashland Engineering Department. PERMITS: Any construction or closure within the public right of way will require a Public Works permit and before any work in the right of way commences all necessary permits MUST be obtained AS-BUILTS: Where public improvements are required or completed, the developer shall submit to the City of Ashland, reproducible as -built drawings and an electronic file of all public improvements constructed during and in conjunction with this project. Field changes made during construction shall be drafted to the drawings in the same manner as the original plans with clear indication of all modifications (strike out old with new added beside). As -built drawings shall be submitted prior to final acceptance of the construction, initiating the one-year maintenance period. ADDRESSES: Any new addresses must be assigned by City of Ashland Engineering Department. ELECTRIC SERVICE: Electric approves. Please contact Dave Tygerson in the Electric Department for service requirements and connect fee information at (541) 552-2389 or via e-mail to tygersod@ashland.or.us. OREGON DEPARTMENT OF TRANSPORTATION: "This proposal should not significantly affect ODOT facilities". No further comments. 1029 Morton St June 15, 2422 Page 6/jt APPICATION REQUIREMENTS Submittal Information. The application is required to include all of the following information. a. The information requested on the application form at http://www.ashland.or.us/Files/Zoning°/`20Permit°/`2OApplication.pdf . b. Plans and exhibits required for the specific approvals sought (see below). c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail (see below). d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable. e. The required fee (see below). The Ashland Land Use Ordinance, which is Chapter 18 of the Municipal Code, is available on-line in its entirety at: 1-ittp://www.ashland.or.us/SIB/files/AMC Chpt 18 current. df Written Statements Please provide two copies of a written statements explaining how the application meets the approval criteria from the sections of the Ashland Municipal Code listed below. These written statements provide the Staff Advisor or Planning Commission with the basis for approval of the application: o Physical & Environmental Constraints: 18.3.10.050 o Development Standards for Hillside Lands: 18.3.10.090 o Development Standards for Severe Constraint Lands: 18.3.10.110 Plans & Exhibits Re aired Please provide two sets of exhibits (plans or drawings) addressing the submittal requirements from the sections of the Ashland Municipal Code listed below. These exhibits are used to copy the Planning Commission packets and for notices that are mailed to neighbors. Please provide two copies on paper no larger than I l -inches by I7 -inches and reproducible copies that are drawn to a standard architect's or engineer's scale. a Physical & Environmental Constraints: 18.3.10.040 o Tree Preservation and Protection: 18.4.5.030,18.3.10.090.D PLANNING APPLICATION FEES: P&E Constraints Permit $1,120.25 NOTE: Applications are accepted on a first come -first served basis. All applications received are reviewed and must be found to be complete before being processed or scheduled at a Planning Commission meeting. Applications will not be accepted without a complete application form signed by the applicant(s) and properly owner(s), all required materials and full payment. Applications are reviewed for completeness in accordance with ORS 227.178. For further information, please contact: June 15, 2022 Johanna Tuthill, Associate Planner Date City of Ashland, Department of Community Development Phone: 541-552-2045 or e-mail: iohanna.tuthillga ashlarnd.or.us 1029 Morton St June 15, 2022 Page 7/jt CITY OF Planning Division 97520 burn Way, Ashland, OR ASHLAND c H Y ANT DESCRIPTION OF PROJECT Project Description Hayes single family residence PRP -APPLICATION CONFERENCE APPLICATION APPLICANT Name Jimmy and joy Hayes Phone 54/2189972 E -Mail ihayes_l@hotmail.com Address 1550 Dra r Vallev Rd City Selma Zip 97538 PROPERTY OWNER Name J i m my and Joy Hayes Day Time Phone 5412189972 Address 1550 Draper Valley rd city Selma Zip 97538 DESCRIPTION OF PROPERTY Street Address 1029 Morton st Assessor's Map No. 391E 16AC Tax Lot(s) 435 SUBMITTAL REQUIREMENTS To request a pre -application conference, submit this form with true scale PDF drawings to Plan nin ashland.or.us. The application will need to include plans addressing the application submission requirements including site and landscaping plans drawn to a standard scale and formatted to print to scale on paper no larger than 11 -inches by 17 -inches. 1. Completed Application, 2. Narrative-- Provide a written description of proposal and request, (If in Historic District, provide pictures of existing structures, elevations of proposed structures and details of planned exterior design features and materials) 3. Site Plan — The site plan should contain all applicable elements in the Site Plan Checklist (see page 2) plus any other information pertinent to this proposal. The site plan will be checked to insure all applicable information is included at the time the pre -application date is set. 4. Additional information - Provide in the narrative or with the site plan: 1) Number of acres in development 2) Total gross square footage of all structures 3) Number of stories on each structure 4) Indicate number of and square footage of: a) Dwelling Units (include the units by the number of bedrooms in each unit -- e,g, 10 1 -bedroom, 25 2 -bedroom, etc) b) Office Spaces c) Retail Units d) Other Spaces 5) Percentage of lot coverage by: a) Structures e) Landscaping b) Streets & Roads f) Number of parking spaces c) Parking Areas/Driveways g) Total square footage of landscaped areas. d) Recreation Areas h) Other pertinent information of the proposed development 5. LEER@ Certification —Indicate whether project will be pursuing LEED@ certification. 6. Submittal Fee Pg.2 of 5 PRE -APPLICATION SITE PLAN CHECKLIST PRE -APPLICATION BUILDING INFORMATION Please attempt to indicate the following (Note: if information is not known please leave blank) Current Building Occupancy Type (select one): Assembly = More than 50 occupants Theaters, Restaurants, Nightclubs, Taverns and Bars, Community Halls, Art Galleries, Places of Worship, Arenas, Bleacher's, etc. Business = Less than 50 occupants Professional Service Office, Barber and Beauty Salons, Training and Skill Development not within a school or academic program, Bank, Print Shop, etc. ❑ Educational Schools K -12th Grade, Religious Educational Rooms and Auditoriums, Day Care Facilities ❑ Factory (F- Occupancy's include, among others, the use of a building or structure or portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not classified as Group H -Hazardous or Group S -Storage Occupancy's Pg.3 of 5 YES NO NIA 1, Project Name 2. Owner Name 1 Site Address and Map & Taxlot Number 4. Vicinity Map - with street names and locations of all existing and proposed streets within or on the boundary of the proposed development ✓ 5. Scale & North Arrow 6. Lot Layout with approximate dimensions for all lot lines 7. Zoning Designations in proposed development and surrounding properties 8. Location & Use of all proposed and existing building, fences and structures 9. Indicate which buildings are to remain and which are to be removed 10. Location of all landscaped areas. Indicate existing trees, size, species, and approximate dripline outer branch location), Identifytrees to be removed, V/ 11. Location and size of all public utilities in and adjacent to the proposed development including water line and meter size, sewer lines, storm drain lines, nearest fire hydrant. 12. Locations of drainage ways or public utility easements in and adjacent to proposed development. ✓ 13. Location, size and use of all contemplated and existing public areas 14. Approximate topography (sloe of the site 15. Location of all parking areas and individual and handicap parking spaces, ingress and egress on the site and on-site circulation 16. Use designation for the areas not covered by buildings (e.g. loading, storage, vacant, open sace, etc, 17. Elevations of the building(s) 18. Construction materials — wood frame, masonry, etc. (If project is in a Historic District provide pictures of existing structures and indicate proposed exterior materials for siding, windows, trim and roofing) PRE -APPLICATION BUILDING INFORMATION Please attempt to indicate the following (Note: if information is not known please leave blank) Current Building Occupancy Type (select one): Assembly = More than 50 occupants Theaters, Restaurants, Nightclubs, Taverns and Bars, Community Halls, Art Galleries, Places of Worship, Arenas, Bleacher's, etc. Business = Less than 50 occupants Professional Service Office, Barber and Beauty Salons, Training and Skill Development not within a school or academic program, Bank, Print Shop, etc. ❑ Educational Schools K -12th Grade, Religious Educational Rooms and Auditoriums, Day Care Facilities ❑ Factory (F- Occupancy's include, among others, the use of a building or structure or portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not classified as Group H -Hazardous or Group S -Storage Occupancy's Pg.3 of 5 2. 3. High Hazard H -Occupancy's includes, among others, the use of a structure, or a portion thereof, that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities allowed in control areas complying with section 414 of the Oregon Structural Specialty Code. Institutional I -Occupancy's includes, among others, the use of a building or structure or a portion thereof for more than 16 persons, excluding staff, who reside on a 24 hr. basis in a supervised environment and receive custodial care. Detoxification Facilities, Hospitals, Medical Care, Nursing Homes, Congregate Living Facilities, Social Rehabilitation Facilities, Assisted Living Facilities, Alcohol and Drug Centers, Correction Centers, Jails, Reformatories, Adult and Child Day Care Facilities. EMercantile Department Stores, Drug Stores, Markets, Motor Fuel -Dispensing Facilities, Retail or Wholesale Stores, Sales Rooms. 0 Residential Single Family Residence, Hotels, Motels, Apartment Houses, Vacation Time Shares, Congregate Living Facilities (more than 16 occupants), Assisted Living Facilities (with or without a Memory Care Endorsement), Residential Treatment Facilities, etc. Is a Change of Occupancy being requested? If yes, please indicate the proposed Occupancy Type: ❑ Assembly ❑ High Hazard ❑ Business ❑ Institutional ❑ Educational ❑ Mercantile ❑ Factory ❑ Residential If Residential please indicate which type (select one): R-1 Occupancy Hotels (transient), Motels (transient), Boarding Houses (transient) with more than 10 occupants. R-2 Occupancy Apartment Houses, Congregate Living Facilities (non -transient) with more than 16 occupants, Dormitories, Hotels (non -transient), Motels (non -transient), Vacation Time Share Properties, Boarding Houses (non -transient) with more than 16 occupants, etc. R-3 Occupancy Detached One and Two Family Dwellings and Townhouses, Adult Care Facilities (six or fewer persons of any age less than 24 hrs.), Adult Foster Homes as defined in ORS Chapter 443, or Family Child Care Homes located in a private residence as defined in the Oregon Structural Specialty Code section 310.2. Buildings that do not contain more than two dwelling units, Boarding Houses (non -transient), Child Care Facilities that provide accommodations for six or fewer persons of any age for less than 24 hrs., Congregate Living Facilities (non -transient) with 16 or fewer occupants, Lodging Houses, etc.) F] R-4 Occupancy This occupancy shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24 -hr, basis in a supervised residential environment and receive custodial care, Congregate Living Facilities, Halfway Houses, Social Rehabilitation Facilities, Alcohol and Drug Centers Assisted Living Facilities (with or without a Memory Care Endorsement), Residential Care Facilities (with or without a Memory Care Endorsement), Residential Treatment Facilities, Group Homes and Facilities, etc.) PgA of 5 4. Type of Building Construction: Types I and 11 construction are those types of construction in which the building elements listed in Table 601 of the Oregon Structural Specialty Code are of noncombustible materials. Type III construction is that type of construction in which the exterior walls are of noncombustible materials and the interior building elements are of any material permitted by the Oregon Structural Specialty Code. Type IV Construction (Heavy Timber) is that type of Construction in which the exterior walls are of noncombustible materials and the interior building elements are of solid or laminated wood without concealed spaces. Type V Construction is that type of construction in which the structural elements, exterior walls and interior walls are of any materials permitted by the Oregon Structural Specialty Code. ❑ Type I ❑ Type IV ❑ Type 11 [j Type V ❑ Type III 5. Is the building equipped or proposed to be equipped with a Fire Protection System? (e.g., Fire Sprinklers or Fire Alarms) ❑ Yes El No Any questions regarding the pre -application conference or the formal land use application submittal can be directed to the Ashland Planning Division at (541) 488-5305. The City of Ashland Land Use Code can be found online at www.ashiand.or.uslcode.asp by clicking on Chapter 18 and selecting the desired section. Pg.5 of 5 Hayes Residence 1929 Morton st Ashland Or 97520 391 E16AC TL 435 Joy and Jimmy Hayes plan to build a 2 story single family residence with attached garage with ans additional dwelling unit above the Garage at 1029 Morton st. The lot is .37 acres and is zoned RR .5 and is currently raw land with no existing structures. The structures that are proposed will be constructed on land that has a slope ranging from 24% to 28%.Some tree removal, almost exclusively clusters of Madrone, within the footprint of the structure is required with no living tree removal outside the building footprint planned at this time. The structures will be 2 stories high with a total square footage 3500'. The construction will be standard dimensional and engineered lumber, concrete, and steel. The exterior will be sided in fiber cement with some natural wood accents. The total square footage of the structures is 3286 which takes up just under 20% of of the .37 acres A shared drive cuts through the west portion of the property and serves 3 additional properties all with residential structures on them. Currently 3/" domestic water supply is off the south west property line, electric service is on the north west corner, and accessed via a cul de sac that is the termination of Morton st. At the center of the cul de sac less than 150' from the proposed structures is a standard fire hydrant. 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