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HomeMy WebLinkAbout2008-04-08 Planning PACKET Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. ASHLAND PLANNING COMMISSION HEARINGS BOARD AGENDA APRIL 8, 2008 Hearings Board Members: Mindlin, Stromberg, Fields I.CALL TO ORDER:1:30 P.M., Civic Center, 1175 East Main Street II.APPROVAL OF MINUTES : March 11, 2008 Hearings Board Minutes to be approved at May 13, 2008 Hearings Board meeting III. TYPE I PLANNING ACTIONS A. PLANNING ACTION: PA2008-00338 SUBJECT PROPERTY: 600 Siskiyou Boulevard APPLICANT: Laura Bixby Fox DESCRIPTION: Request for a Modification of an existing Conditional Use Permit and Site Review for the establishment of an office use for the property located at 600 Siskiyou. No COMPREHENSIVE PLAN DESIGNATION: physical alterations to the site are proposed. Multi- ZONING:ASSESSOR’S MAP #:TAX LOT: Family Residential; R-2; 391E 09DB; 4200 B. PLANNING ACTION: PA2008-00316 SUBJECT PROPERTY: 339 Morton St. APPLICANT: Jason Eaton DESCRIPTION: Request for a Conditional Use Permit for an Accessory Residential Unit for a COMPREHENSIVE PLAN DESIGNATION: property located at 339 Morton Street. Single-Family ZONING:ASSESSOR’S MAP #:TAX LOT: Residential; R-1-7.5-; 391E09DC; 900 C. PLANNING ACTION: PA2008-00080 SUBJECT PROPERTY: 750 Roca St. APPLICANT: Kerry KenCairn DESCRIPTION: Request for a Modification to an approved building envelope and Physical and Environmental Constraints Permit to locate a home on Hillside Lands and Severe Constraint Lands and for development in the floodplain for a property located at 750 Roca Street. COMPREHENSIVE PLAN DESIGNATION: ZONING: Single-Family Residential; R-1-10-; ASSESSOR’S MAP #:TAX LOT: 391E15BC; 1212 D. PLANNING ACTION: 2008-00183 SUBJECT PROPERTY: 167, 185 and 203 North Mountain Avenue APPLICANT: Havurah Friends Investment Group, LLC DESCRIPTION: Request for Final Plan Approval to allow a 12-lot, 15-unit subdivision for the properties located at 167, 185 and 203 North Mountain Avenue. Requests for: the modification of a previously approved Site Review and Conditional Use Permit (#2001-0039) for the Havurah Jewish Synagogue; Site Review approval to construct a two-story, six-unit residential building; a Tree Removal Permit for the removal of one nine-inch diameter pine tree from Tax Lot #1701; and a boundary line adjustment with Tax Lots 1600, 1701, 1800 and 1700 were included in the Outline Plan Approval PA #2007-01398. COMPREHENSIVE PLAN DESIGNATION:ZONING:ASSESSOR’S Single-Family Residential;R-1-5-P; MAP #:TAX LOT: 39 1E 09 AA;1500, 1600, 1700, 1701, & 1800 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 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). Note: Anyone wishing to speak at any Planning Commission meeting is encouraged to do so. If you wish to speak, please rise and, after you have been recognized by the Chair, give your name and complete address for the record. You will then be allowed to speak. Please note that the public testimony may be limited by the Chair and normally is not allowed after the Public Hearing is closed. IV. TYPE II PUBLIC HEARINGS A. PLANNING ACTION: 2008-00355 SUBJECT PROPERTY: 140 Central Avenue APPLICANT: Lois Van Aken DESCRIPTION: Request for a Conditional Use Permit and Site Review approval for a two unit Travelers Accommodation for the property located at 140 Central Avenue. The application also includes a Variance request to not pave the existing driveway off of Central Avenue due to the COMPREHENSIVE PLAN proximity of the driveway improvements to a large Cedar tree. DESIGNATION: ZONING:ASSESSOR’S MAP #: High Density Multi-Family Residential; R-3; TAX LOT: 391E04CC; 4400 1. Adoption of Findings VI. UNFINISHED BUSINESS – Adoption of Findings, Orders & Conclusions A. Adoption of Findings – Planning Action 2008-00035, Oak Street, Cleo Smith VII. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 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). Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 PLANNING ACTION:2008-00338 SUBJECT PROPERTY: 600 Siskiyou Blvd OWNER/APPLICANT:Laura Bixby Fox DESCRIPTION:Request for a Modification of an existing Conditional Use Permit and Site Review for the establishment of an office use for the property located at 600 Siskiyou. No physical alterations to the site are proposed. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2; ASSESSOR’S MAP #: 391E 09DB; TAX LOT: 4200 NOTE:April 2, 2008 at 7:00 PM The Ashland Historic Commission will also review this Planning Action on in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. ASHLAND PLANNING DEPARTMENT STAFF PRELIMINARY APPROVAL: March 19, 2008 ASHLAND PLANNING COMMISSION HEARINGS BOARD MEETING:April 8, 2008 at 1:30 p.m. DEADLINE FOR REQUEST FOR A PUBLIC HEARING: March 31, 2008 The Ashland Planning Department Staff have preliminarily approved this request. This planning action will be reviewed by the Ashland Planning Commission Hearings Board on the meeting date shown above. The meeting will be at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon. NO PUBLIC TESTIMONY IS ALLOWED AT THIS REVIEW. Any affected property owner or resident has a right to request, AT NO CHARGE, a public hearing before the Ashland Planning Commission on this action. To exercise this right, a WRITTEN request must be received in the Planning Department, 51 Winburn Way, prior to 4:30 p.m. on the deadline date shown above.. The written request for the public hearing must include your name, address, the file number of the planning action and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria.IF YOU DO NOT SPECIFICALLY REQUEST A PUBLIC HEARING BY THE DEADLINE TIME AND DATE STATED ABOVE, THERE WILL BE NO PUBLIC TESTIMONY PERMITTED. If a hearing is requested, it will be scheduled for the following month. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or 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 Commission to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. 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 I). If you have questions or comments concerning this request, please contact the Ashland Planning Department at 541-488-5305. G:\\comm-dev\\planning\\Notices Mailed\\2008\\2008-00338.doc CONDITIONAL USE PERMITS 18.104.050 Approval Criteria A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. SITE DESIGN AND USE STANDARDS 18.72.070 Criteria for Approval The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. (Ord. 2655, 1991; Ord 2836 S6, 1999) G:\\comm-dev\\planning\\Notices Mailed\\2008\\2008-00338.doc Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 PLANNING ACTION: PA2008-00080 SUBJECT PROPERTY: 750 Roca St. APPLICANT: Kerry KenCairn DESCRIPTION: Request for a Modification to an approved building envelope and Physical and Environmental Constraints Permit to locate a home on Hillside Lands and Severe Constraint Lands and for development in the floodplain for a property located at located at 750 Roca Street. COMPREHENSIVE PLAN DESIGNATION: Single- Family Residential; ZONING: R-1-10-; ASSESSOR’S MAP #: 391E15BC; TAX LOT: 1212 NOTE:March 6, 2008 at 6:30 p.m. The Ashland Tree Commission will review the project’s landscaping plan on in the Community Development and Engineering building located at 51 Winburn Way. ASHLAND PLANNING DEPARTMENT STAFF PRELIMINARY APPROVAL: February 20, 2008 ASHLAND PLANNING COMMISSION HEARINGS BOARD MEETING:March 11, 2008, 1:30pm DEADLINE FOR REQUEST FOR A PUBLIC HEARING: March 3, 2008 The Ashland Planning Department Staff have preliminarily approved this request. This planning action will be reviewed by the Ashland Planning Commission Hearings Board on the meeting date shown above. The meeting will be at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon. NO PUBLIC TESTIMONY IS ALLOWED AT THIS REVIEW. Any affected property owner or resident has a right to request, AT NO CHARGE, a public hearing before the Ashland Planning Commission on this action. To exercise this right, a WRITTEN request must be received in the Planning Department, 51 Winburn Way, prior to 4:30 p.m. on the deadline date shown above.. The written request for the public hearing must include your name, address, the file number of the planning action and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria.IF YOU DO NOT SPECIFICALLY REQUEST A PUBLIC HEARING BY THE DEADLINE TIME AND DATE STATED ABOVE, THERE WILL BE NO PUBLIC TESTIMONY PERMITTED. If a hearing is requested, it will be scheduled for the following month. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or 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 Commission to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. 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 I). If you have questions or comments concerning this request, please contact the Ashland Planning Department at 541-488-5305. G:\\comm-dev\\planning\\Notices Mailed\\2008\\2008-00080.doc SITE DESIGN AND USE STANDARDS 18.72.070 Criteria for Approval The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. (Ord. 2655, 1991; Ord 2836 S6, 1999) PHYSICAL & ENVIRONMENTAL CONSTRAINTS 18.62.040.I I. Criteria for approval. A Physical Constraints Review Permit shall be issued by the Staff Advisor when the Applicant demonstrates the following: 1. 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. 2. 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. 3. 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 permitted development permitted by the Land Use Ordinance. (Ord 2834 S1, 1998) (Ord. 2834, Amended, 11/03/1998, 12/02/1997) Section 18.62.040 J "deleted"; Ord 2808, Added, G:\\comm-dev\\planning\\Notices Mailed\\2008\\2008-00080.doc ASHLAND PLANNING COMMISSION FINDINGS & ORDERS PLANNING ACTION: PA-2008-00183 SUBJECT PROPERTY: 167, 185 and 203 North Mountain Avenue APPLICANT : Havurah Friends Investment Group, LLC DESCRIPTION: A request for Final Plan Approval to allow a 12-lot, 15-unit subdivision for the properties located at 167, 185 and 203 North Mountain Avenue. Requests for: the modification of a previously approved Site Review and Conditional Use Permit (#2001-0039) for the Havurah Jewish Synagogue; Site Review approval to construct a two-story, six-unit residential building; a Tree Removal Permit for the removal of one nine-inch diameter pine tree from Tax Lot #1701; a boundary line adjustment with Tax Lots 1500, 1600, 1701, 1800 and 1700; and an Exception to Street Standards to allow a private drive serving six units when they typically can serve no more than three units were approved concurrently with the Outline Plan Approval (#2007-01398). Comprehensive Plan Designation:Zoning:Assessor's Map Single-Family Residential; R-1-5-P; #:Tax Lot #: 39 1E 09 AA; 1500, 1600, 1700, 1701, & 1800 SUBMITTAL DATE: February 8, 2008 DEEMED COMPLETE DATE: March 19, 2008 STAFF APPROVAL DATE: March 19, 2008 DEADLINE TO REQUEST A HEARING DATE: March 31, 2008 FINAL DECISION DATE: April 8, 2008 APPROVAL EXPIRATION DATE: April 8, 2009 The four primary parent parcels total approximately 3.59 acres in size, and are located on the west side of North Mountain Avenue, just north of the railroad tracks. The site is moderately sloped averaging approximately a four percent downhill slope to the north. A drainage, identified as Mountain Creek in the City of Ashland Stormwater and Drainage Master Plan (June 2000), runs from south to north along the site’s western edge. A wetland has been preliminarily delineated on the western side of the site, adjacent to Mountain Creek. The application includes a tree inventory which identifies eight trees sized six-inches in diameter at breast height (d.b.h.) and greater located in the North Mountain Avenue right-of-way, around the existing house and in the vicinity of the wetlands and Mountain Creek.The subject parcels as well as the surrounding properties to the north and east are located in the R-1-5 Single-Family Residential zoning district. The area on the west side of Mountain Creek and north of the railroad tracks is located in the E-1 Employment zoning district. The area immediately west of the subject site is vacant. To the south of the site, there is R- 3 High Density Multi-Family Residential zoning, as well as E-1 Employment zoning in the area of the City’s “B Street Yard.” 167-185-207 Mountain Ave. N./dds April 8, 2008 Page 1 The applicant is requesting Final Plan approval to subdivide the property into 12 lots accommodating a total of 15 residential units under the Performance Standards Options chapter. The Havurah Jewish Synagogue and the existing home at 203 North Mountain are proposed to be preserved on their own individual lots, and one lot would accommodate commonly owned open space, including the identified wetland. Eight lots are proposed to be developed as single family residential units, with six of these as attached, zero lot line units and two as detached residences. The remaining lot is proposed to contain a six-unit, two story condominium building. The proposal also involves: a boundary line adjustment with Tax Lots 1500, 1600, 1701, 1800 and 1700; the modification of previously approved Planning Action #2001-039, a Site Review and Conditional Use Permit for the Havurah Jewish Synagogue; Site Review approval to construct a two-story, six-unit residential building and an associated Exception to Street Standards to allow a private drive serving six units when they typically can serve no more than three units; and a Tree Removal Permit for the removal of one nine-inch diameter pine tree from Tax Lot #1701. These items were all approved concurrently with Planning Action #2007-01398 which granted Outline Plan Approval for the proposal in December of 2007. The Final Plan proposal is essentially the same as the approved Outline Plan. The number of dwelling units; lot configuration, dimensions and sizes; and open space areas have not changed by more than ten percent. In considering the application, Staff noted that the applicants’ engineered roadway section drawings identify a more substantial grade change at the north edge of the proposed street improvements than was clearly apparent with the outline plan submittal. The submittal materials show a typical retaining wall section which will consist of a retaining wall of varying heights up to six feet at the north edge of the improvements, topped with a sight-obscuring fence and a guardrail. The grade changes associated with the proposed street improvements are clearly more pronounced than was obvious either in initial visual inspections of the site or in the Outline Plan submittals, however the related site grade issues were confirmed by the neighbor to the north during a meeting with Staff in which the applicants’ proposal and its potential impacts were explained. The neighbor also indicated that the area with the most pronounced grade changes near his existing home at 219 North Mountain may have been due to alterations he made to direct surface water drainage away from the house. In supplemental detail drawings requested by Staff, the applicants have demonstrated conceptually how the proposed roadway construction might impact development on the adjacent property to the north with the proposed roadway’s completion. These conceptual drawings show that the property to the north could be developed to take vehicular access either from the new section of Clear Creek Drive or via a future alley to the north, but that in either case a substantial amount of fill will be necessary to bring the building pads up to street grade. While the grade change associated with the proposed street improvements will clearly affect how the property to the north develops, the applicants’ conceptual submittals demonstrate that the current application will not prevent the adjacent land from development as envisioned in the Comprehensive Plan, and will to some extent facilitate future development of the adjacent lands by both completing a substantial portion of the street improvements identified in this area in the Transportation Plan Map and upsizing the utilities to be installed in order to provide capacity for anticipated future development. 167-185-207 Mountain Ave. N./dds April 8, 2008 Page 2 A condition of the Outline Plan approval, and requirement of the Solar Ordinance, was that the applicants provide calculations demonstrating that a 21-foot high structure can be placed on each of the new lots with a Standard A Solar Setback that does not exceed 50 percent of the lot’s north-south lot dimension, or provide a solar envelope and written description of its effects demonstrating compliance with Solar Standard A. The application describes the necessary calculations to address this requirement for Lots 2-9, however the cross-sections drawings of a solar envelope for Lot 10, the six-unit building, which are described in the narrative have not been included with the submittal materials. As such, a condition of approval requiring that a solar envelope for Lot 10 be provided before signature of the final survey plat has been added below. The criteria for Final Plan approval are described in the Performance Standards chapter 18.88.030 as follows: Final Plan approval shall be granted upon finding of substantial conformance with the outline plan. Nothing in this provision shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan shows that: a) The number of dwelling units vary no more than 10% of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b) The yard depths and distances between main buildings vary no more than 10% of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Title. c) The open spaces vary no more than 10% of that provided on the outline plan. d) The building size does not exceed the building size shown on the outline plan by more than 10%. e) The building elevations and exterior material are in conformance with the purpose and intent of this Title and the approved outline plan. f) That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g)Any amendment to an approved final plan shall follow a Type I procedure. The application is in substantial conformance with the approved Outline Plan. Planning Action #2008-00183 was approved subject to 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 #2008-00183 is denied. The following are the conditions and they are attached to the approval: 167-185-207 Mountain Ave. N./dds April 8, 2008 Page 3 1)That all proposals of the applicant are conditions of approval unless otherwise modified here. 2)That all conditions of the previous Conditional Use Permit approval for the Havurah Jewish Synagogue facility (Planning Action #2001-039) shall remain in effect unless specifically modified herein. 3)That all proposed new homes shall qualify in the Ashland Earth Advantage program in accordance with 18.88.040.B.3.a. The applicants shall meet with the Ashland Conservation Division regarding eligible site activities prior to issuance of an excavation permit, and the required Earth Advantage documentation shall be submitted with each building permit application. 4)That prior to the signature of the final survey plat: a)All easements for sewer, water, stormwater, electric, streets, parking, public pedestrian access and mutual access shall be indicated on the final survey plat as required by the City of Ashland. b)A drainage way easement shall be indicated on the final survey plat for the width and length of the western open space area including Mountain Creek and the associated wetlands. c)A public pedestrian and bicycle easement, a minimum of ten feet in width, shall be indicated on the final survey plat for future development as a multi-use path parallel to the railroad right-of-way and along the length of the southern boundary of the site, connecting the western site boundary to N. Mountain Ave. In addition, the western open space shall include a public pedestrian and bicycle easement for a north-south path connecting the future multi-use path parallel to the railroad right-of-way and the new street. d)Street trees, located one per 30 feet of street frontage, shall be installed in the parkrows along the Clear Creek Drive and Mountain Avenue street frontages as part of the subdivision infrastructure improvements. Street trees shall be chosen from the Recommended Street Tree List and shall be installed in accordance with the specifications noted in the Recommended Street Tree List. The street trees shall be irrigated. e)A solar envelope and written description of its effects demonstrating compliance with Solar Standard A for the proposed six-unit building on Lot 10 shall be submitted as required in Chapter 18.70.050 of the Solar Ordinance. f)Common area and open space improvements (i.e. landscaping, irrigation, wetland ponds, bio-swale, etc.) shall be installed or bonded for in accordance with the procedures in the Subdivision chapter. The project landscape architect shall inspect the common area and open space improvements for conformance with the approved plan, and shall submit a final report on the inspection and items addressed to the Ashland Planning Division. The City shall receive written verification from the Oregon Division of State Lands acknowledging that the wetlands have 167-185-207 Mountain Ave. N./dds April 8, 2008 Page 4 been constructed and planted per the approved plan, and the applicants shall schedule a final inspection including the project landscape architect and Staff Advisor of the common areas and open spaces prior to signature of the final plat. g)That public improvements to the proposed new section of Clear Creek Drive shall be installed from the northeast corner of the project west to the eastern boundary of the proposed Lot 12. Improvements shall be consistent with those described in the application, including retaining wall, guardrail, sight obscuring fencing, paving, on-street parking, curb and gutter, storm drain system, seven-foot planting strip and six-foot wide sidewalk. The guardrail shall be installed to ASHTO standards with paint and/or reflectors used to provide increased visibility, and the face of the guardrail beam shall be located behind the curb. A reserve strip (“street plug”) shall be provided along the northern boundary of the street improvements. h)Subdivision infrastructure improvements, including but not limited to utilities, streets, street lights, sidewalks, street trees, multi-use path, temporary curbing, and temporary fencing shall be installed according to approved plans prior to the signature of the final survey plat. i)Electric services shall be installed underground to serve Lots 1-10. At the discretion of the Staff Advisor, a bond may be posted for the full amount of underground service installation (with necessary permits and connection fees paid) as an alternative to installation of service prior to signature of the final survey plat. In either case, the electric service plan shall be reviewed and approved by the Ashland Electric Department and Ashland Engineering Division prior to installation. j)That the sanitary sewer laterals and water services including connection with meters at the street shall be installed for Lots 1-10. k)That the requirements of the Ashland Fire Department including fire apparatus access, temporary turn-around with no parking signage, hydrant spacing and flow requirements, and approved addressing shall be included in the utility plan. l)Prior to signature of the final survey plat, the applicants shall provide lot coverage calculations for the review and approval of the Staff Advisor which detail the square footage of lot coverage allowed on each of the proposed lots and which demonstrates that the overall lot coverage for the subdivision as a whole does not exceed the 50 percent allowed in the underlying zoning district. m)The CC&R’s of the Homeowners’ Association shall be revised: 1) to note that the proposed new street section is not a dead-end, and is planned as a through connection with Clear Creek Drive to the west; 2) to describe the responsibility for the maintenance of the wetland plantings, on-site detention systems including the bio-swale, and the multi-use path. The CC&R’s shall identify the drainage corridor protection requirements and note that any deviation from the plan must receive written approval from 167-185-207 Mountain Ave. N./dds April 8, 2008 Page 5 the City of Ashland Planning Department. n)The boundaries of the wetland and the western property line of Lot 9 shall be delineated on site, and inspected by the Staff Advisor. 5)That prior to the issuance of a building permit: a)Individual lot coverage calculations including all impervious surfaces shall be submitted with each building permit. Building footprints, walkways, driveways, parking areas, and any impervious surfaces shall be counted for the purpose of lot coverage calculations. b)The setback requirements of 18.88.070 shall be met and identified on the building permit submittals including but not limited to the required width between buildings as described in 18.88.070.D. c)That all new structures shall meet Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. Solar setback calculations shall be submitted with each building permit and include the required setback with the formula calculations and an elevation or cross- section clearly identifying the height of the solar producing point from natural grade. d)That a Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to removal of the Pine tree, prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is to verify the identification of the tree to be removed and to inspect the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.61.200.B. e)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 Site Review approval shall be submitted and approved prior to issuance of a building permit. f)That exterior building materials and paint colors shall be compatible with the surrounding area, and sample exterior building colors shall be provided with the building permit submittals for review and approval of the Staff Advisor. Very bright or neon paint colors shall not be used in accordance with II-B-6a) of the Multi-Family Site Design and Use Standards. g)That all of the proposed new units shall be constructed to Conservation Division Earth Advantage standards as proposed by the applicants. Evidence of compliance with these standards shall be provided for each new unit prior to the issuance of a building permit. 167-185-207 Mountain Ave. N./dds April 8, 2008 Page 6 6)That prior to the issuance of a certificate of occupancy: a)Fire Sprinklers shall be installed in the six-unit building on Lot 10 as proposed by the applicants. b)All exterior lighting shall be directed on the property and shall not illuminate adjacent proprieties. c)The inverted u-racks shall be used for the bicycle parking. All bicycle parking shall be installed in accordance with the standards in 18.92.040.I and J prior to the issuance of the certificate of occupancy. The building permit submittals shall verify that the bicycle parking spacing and coverage requirements are met in accordance with 18.92.040.I. d)That the screening for the trash and recycling enclosure shall be installed in accordance with the Site Design and Use Standards prior to the issuance of a Certificate of Occupancy. An opportunity to recycle site of equal or greater size than the solid waste receptacle shall be included in the trash enclosure in accordance with 18.72.115.B. If no request for a public hearing is timely received, this decision will become final when reviewed by the Planning Commission Hearings Board on April 8, 2008. __________________________ Bill Molnar, Community Development Director Date 167-185-207 Mountain Ave. N./dds April 8, 2008 Page 7 TYPE II PUBLIC HEARINGS Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 PLANNING ACTION:2008-00355 SUBJECT PROPERTY: 140 Central Ave. OWNER/APPLICANT:Lois Van Aken DESCRIPTION: Request for a Conditional Use Permit and Site Review approval for a two unit Travelers Accommodation for the property located at 140 Central Avenue. The application also includes a Variance request to not pave the existing driveway off of Central Avenue due to the proximity of the driveway improvements to a large Cedar tree. COMPREHENSIVE PLAN DESIGNATION: High Density Multi-Family Residential; ZONING: R-3; ASSESSOR’S MAP #: 391E04CC; TAX LOT: 4400. NOTEApril 3, 2008 : The Ashland Tree Commission meeting scheduled for is cancelled due to a lack of a quorum. NOTE:April 2, 2008 at 7:00 PM The Ashland Historic Commission will also review this Planning Action on in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. ASHLAND PLANNING COMMISSION HEARINGS BOARD MEETING: April 8, 2008 at 1:30 PM Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION HEARINGS BOARD on meeting date shown above. The meeting will be at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or 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 Commission to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. 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 I). If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Department, 541-488-5305. G:\\comm-dev\\planning\\Notices Mailed\\2008\\2008-00355.doc CONDITIONAL USE PERMITS 18.104.050 Approval Criteria A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. SITE DESIGN AND USE STANDARDS 18.72.070 Criteria for Approval The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. (Ord. 2655, 1991; Ord 2836 S6, 1999) TRAVELER’S ACCOMODATIONS 18.24.030.K Approval Criteria K. Travelers accommodations, subject to the following: 1. That all residences used for travelers accommodation be business-owner occupied. The business-owner shall be required to reside on the property occupied by the accommodation, and occupancy shall be determined as the travelers accommodation location being the primary residence of the owner during operation of the accommodation. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement to specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. (ORD 2806 S1, 1997) 2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Title. 3. That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the traveler's accommodation in violation of 18.72.110. 4. That the number of accommodation units allowed shall be determined by the following criteria: a. That the total number of units, including the owner's unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed 9 per approved travelers accommodation with primary lot frontage on arterial streets. The maximum number of units shall be 7 per approved travelers accommodation with primary lot frontage on designated collector streets; or for travelers’ accommodations not having primary frontage on an arterial and within 200 feet of an arterial. Street designations shall be as determined by the Ashland Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 5. That the primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for travelers’ accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverages of the underlying zone. 6. Transfer of business-ownership of a traveler’s accommodation shall be subject to all requirements of this section, and subject to Conditional Use Permit approval and conformance with the criteria of this section. All travelers’ accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses, with all previous approvals, conditions and requirements remaining in effect upon change of business-ownership. Any further modifications beyond the existing approvals shall be in conformance with all requirements of this section. 7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. (Ord. 2776 S1, 1996) 8. That the property on which the travelers accommodation is operated is located within 200 feet of a collector or arterial street as designated in the City's Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. (Ord. 2613 S1, 1991) VARIANCE 18.100.020 Application The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans and elevations necessary to show the proposed development. Also to be included with such application shall be a statement and evidence showing that all of the following circumstances exist: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. B. That 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. (Ord.2425 S1, 1987). C. That the circumstances or conditions have not been willfully or purposely self-imposed.(Ord. 2775, 1996) G:\\comm-dev\\planning\\Notices Mailed\\2008\\2008-00355.doc Findings Findings BEFORE THE HEARINGS BOARD April 8, 2008 IN THE MATTER OF PLANNING ACTION #2008-00036, REQUEST FOR A ) MINOR LAND PARTITION TO CREATE TWO LOTS FOR A PROPERTY ) FINDINGS, LOCATED AT 938 OAK STREET AND EXCEPTION TO STREET ) CONCLUSIONS, STANDARDS TO MATCH NEW SIDEWALK TO EXISTING SIDEWALK. ) AND ORDERS ) APPLICANT: CLEO SMITH ) ) RECITALS: 1) Tax lot 1000 of 391E04BD is located at 938 Oak Street and is zoned R-1-5, Single-Family Residential. The applicant is requesting a Minor Land Partition to create two lots for a property located at 938 Oak Street and Exception to Street Standards to match new sidewalk to existing sidewalk. 2) The criteria for a Minor Land Partition are described in AMC Chapter 18.76, as follows: A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded. C. The tract of land has not been partitioned for 12 months. D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land. E. The partitioning is in accordance with the design and street standards contained in the Chapter 18.88, Performance Standards Options. (Ord 2836 S8, 1999) F. When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents, for water, sanitary sewers, storm sewer, and electricity. G. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department. 1. The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist: a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. b. The centerline grade on any portion of the unpaved street does not exceed ten percent. 2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks and the under grounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. Findings, Conclusions and Orders 2007-01940 172 Skidmore Page 1 H. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. (amended Ord. 2757, 1995) 3) The criteria for an Exception to Street Standards are described in AMC Chapter 18.88.050.F, as follows: A. 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; B. The variance will result in equal or superior transportation facilities and connectivity; C. The variance is the minimum necessary to alleviate the difficulty; D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter 4) The Hearings Board, following proper public notice, held a Public Hearing on March 11, 2008 at which time testimony was received and exhibits were presented. The Hearings Board approved the application, subject to conditions pertaining to the appropriate development of the site. Now, therefore, the Hearings Board of the City of Ashland finds, concludes, and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits, lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits, lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Hearings Board finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Hearings Board finds that single-family residential uses are permitted uses in the R-1-5 zoning district. The proposed lots meet the 5,000 square foot minimum lot size. Lots have a minimum depth of 80 feet and are greater in depth than width. 2.3 The Hearings Board finds that the public utilities have capacity to serve the development. Water, sewer, paved access to and through the development site, electricity, and urban storm drainage are currently in place. All frontage improvements, including but not limited to the sidewalk, street trees, and street lighting, shall be constructed across the entire frontage of the site. The sidewalk shall be a minimum of six feet in width with 7 foot landscaped parkrows between the sidewalk and the street, except where deviation is needed to match existing sidewalk or to avoid a significant tree. Findings, Conclusions and Orders 2007-01940 172 Skidmore Page 2 2.4 The Hearings Board finds that the proposal meets all applicable criteria for a Minor Land Partition described in the Partitions Chapter 18.76. The lot has not been partitioned within the last twelve months. Adequate public facilities, including water, sewer, storm drainage, and electric, exist in the Holly Street right of way to serve the proposed parcels, and services including new underground electric, will be extended to serve each of the newly created parcels. The partition will not prevent adjacent land from being developed. 2.5 The Hearings Board finds that the request for an Exception to Street Standards is supported by evidence in the record. The sidewalk will meet City of Ashland standards except where the new sidewalk matches up with the existing and possibly within the dripline of the large parkrow tree if it is determined that its health will allow it to be preserved. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Hearings Board concludes that the application for Request for a Minor Land Partition to create two lots for a property located at 938 Oak Street and Exception to Street Standards to match new sidewalk to existing sidewalk have satisfied all relative substantive standards and criteria and are supported by evidence in the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2008-00036. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2008-00036 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That a final survey plat shall be submitted to the City within 12 months of this approval. All easements for public and private utilities, public pedestrian access, and reciprocal utility, maintenance, and access easements shall be indicated on the final survey plat as required by the Ashland Engineering Division 3) That the Future Development Plan submitted by the applicant is not approved as part of this action. Any further development of the lot will require a new plan to be submitted. 4) That the engineered construction drawings for the public sidewalk along Oak Street. shall be submitted for review and approval of the Ashland Planning and Engineering Divisions prior to work in the street right-of-way and prior to installation of improvements in the pedestrian corridor. The sidewalk shall be a minimum of six feet in width with 7 foot landscaped parkrows between the sidewalk and the street. All frontage improvements, including but not limited to the sidewalk, street trees, and street lighting, shall be constructed across the entire frontage of the site. If a change in sidewalk location is requested to protect an existing tree, an arborist’s report confirming the health of the tree and the suitability for preservation shall be submitted. If the sidewalk location must be altered to match existing or to avoid a significant tree, it shall only be for the length required to match the existing walk or to protect the root zone of the tree. The majority of the walk shall be constructed to City of Ashland Street Standards. 5) Tree protection measures shall be installed according to the approved plan, inspected, and approved by the Staff Advisor. No site work including tree removal or any storage of materials shall occur on any of the newly created parcels prior to completion of a Tree Protection Verification Permit inspection. Any tree removal shall require a separate tree removal permit. Findings, Conclusions and Orders 2007-01940 172 Skidmore Page 3 6) That prior to the signature of the final survey plat: a) That the property owner shall sign an “Irrevocable Consent to Dedicate Property for a Public Purpose” agreement for a 20.02-foot wide by 80-foot deep strip of land to the east of the existing dedication and adjacent to the flag drive to the north that serves tax lot 1001 and 1003. The area described shall be deeded over to the City of Ashland. However, the City shall not record the deed until development levels require access from a City street. The agreement shall be signed prior to signature of the final plat. b) That all public improvements including but not limited to the sidewalk, street trees, and street lighting shall be installed to City of Ashland standards under permit from the Public Works Department and in accordance with the approved plan prior to signature of the final survey plat. c) A final utility plan for the parcels shall be submitted for review and approval by the Engineering Division and Building Divisions. The utility plan shall include the location of connections to all public facilities including the locations of water lines and meter sizes, fire hydrants, sanitary sewer lines, storm drain lines and electric services. Water meters shall be located behind the sidewalk, not within the sidewalk itself. d) A Drainage Plan shall be submitted for the review and approval of the Engineering Division. e) Location of existing barn in relation to new property line must be verified. If barn is not 6 feet from property line, barn structure must be removed or a Variance to setback standards applied for and approved prior to signature of final plat. f) Solar setback of the existing home to the new property line shall be verified. The home shall meet solar setback A. If the home does not meet solar setback A, the lot line shall be adjusted to meet solar setback requirements while still meeting all requirements of the R-1 District, Chapter 18.20. g) Electric service shall be installed underground to service both newly created parcels as required by the Ashland Electric Department prior to the signature of the final plat. An electric service plan shall be reviewed and approved by the Ashland Electric Department prior to installation. h) Sanitary sewer laterals and water services including connection with meters at the street shall be installed for both parcels prior to the signature of final survey plat. i) Street trees, 1 per 30 feet of street frontage shall be installed in the required parkrow. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated. j) A Tree Protection plan shall be submitted in accordance with Chapter 18.61.200, and the recommendations of the Ashland Tree Commission, with final approval by the Staff Advisor, shall be incorporated into the Tree Protection and Preservation Plan. 7) That all building permit submittals for each of the newly created parcels shall include: a) Identification of all easements, including public and private utility easements, mutual access easements, public pedestrian access easements, and fire apparatus access easements. b) Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard A in the formula \[(Height – 6)/(0.445 + Slope) = Required Solar Setback\] Findings, Conclusions and Orders 2007-01940 172 Skidmore Page 4 and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and the height(s) from natural grade. c) Lot coverage calculations including all building footprints, driveways, parking, and circulation areas. Lot coverage shall be limited to no more than 65 percent as required in AMC 18.24.040.G. d) A Drainage Plan, for the review and approval of the Engineering Division prior to issuance of a building permit ____________________________ ___________ Hearings Board Approval Date Findings, Conclusions and Orders 2007-01940 172 Skidmore Page 5